WERE THE BONUSES LEGAL?

Following news reports about year-end bonuses in April, former HR commissioner Yvonne Yancy texted Robert Godfrey at the request of former Mayor Kasim Reed. Godfrey was the city attorney who specialized in employment and pay issues, but he had not been consulted about the bonuses when they were conceived and awarded.

Ms. Yancy: Do you have the summary ... on what provided the authority to pay bonuses. Felicia is going to say we broke the law and my old boss has asked me to write him a reply as no one in the current (sic) admin is going to defend us. (Reference to City Council President Felicia Moore.)

Mr. Godfrey: I don’t have anything. All my stuff ... was on the server that is compromised.

Ms. Yancy: Am I correct that it’s not illegal?

Mr. Godfrey: Not illegal but in conflict with the gratuities clause of the Georgia Constitution.

Ms. Yancy: Really? How? We’ve given many other employees bonuses for a variety of reasons.

Mr. Godfrey: I have opined that for additional services rendered a bonus is appropriate but that had to do with the Oracle project where folks actually did something more.

Ms. Yancy: Got it. The intent I believe was for recognition of services rendered. We’ve paid bonuses where nothing more happened. For example street car retention bonuses.

Mr. Godfrey: Don’t know about those but the key is the extra benefit to the City beyond the employee’s regular service. “Extra” is the key.

Ms. Yancy: Got it. I can articulate the benefit for each end of term bonus I compensated for I think Mayor Reed can as well. One last thing and I’ll give you peace for the evening. Departments all receive in budget $$ for employee engagement. It was often used for holiday parties, etc. Why couldn’t those funds be used for ugly sweater contest for example?

Mr. Godfrey: No answer to that. A gratuity is a gratuity.

Ms. Yancy: Got it. So the work bonuses fine. Holiday party bonuses not fine.

Mr. Godfrey: Not going there!

Ms. Yancy: Got it. Thank you. I appreciate your perspective. Source: Report of Investigation, City of Atlanta, 2017 Bonus Payments