SECOND DIVISION MILLER, P. J., RICKMAN and REESE, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. http://www.gaappeals.us/rules March 16, 2020 In the Court of Appeals of Georgia A19A2071. CITY OF PENDERGRASS v. RINTOUL et al. REESE, Judge. The City of Pendergrass (“the City”) appeals from the final judgment entered against it in this whistleblower action, following a jury verdict in favor of Katherine Rintoul (“Appellee Rintoul”) and William Garner (“Appellee Garner”) totaling over $1,000,000. The City asserts that the trial court erred in failing to grant its motions for a directed verdict. The City also asserts that the jury’s damage awards to the Appellees were both arbitrary and unsupported by competent evidence. For the reasons set forth infra, we affirm. On appeal from a jury verdict in a civil case, we view the record in the light most favorable to the jury’s verdict and the trial court’s final judgment.1 So viewed, the record shows the following facts. Appellee Rintoul was the City Clerk for the City from January 2005 to July 2009. In addition to City Clerk, Appellee Rintoul held the additional positions of Election Superintendent, Librarian, and Court Clerk for the City. Appellee Garner was a lieutenant with the City police department from January 2005 to September 2009. In June 2009, the Appellees gathered evidence which they believed equated to, inter alia, misuse of public tax moneys, misuse of local-option sales tax (“LOST”) funds, misuse of city equipment, bribery of public officials, and employment of an undocumented immigrant. On June 27, 2009, City Administrator and Chief of Police, Robert Russell (“Russell”), met with Appellee Garner, accused Garner of making derogatory statements about him, and threatened to terminate Garner as a result. Appellee Garner recorded the conversation with Russell via the audio microphone on Garner’s duty belt, which transmitted to the recording device in his patrol car. The following day, on June 28, the Appellees met with Melvin Tolbert, the mayor 1 See Ga. Dept. of Transp. v. Miller, 300 Ga. App. 857, 858 (686 SE2d 455) (2009). 2 (“Mayor Tolbert”) of the City. The Appellees supplied Mayor Tolbert with the documents, recordings, and evidence in order for him to investigate what the Appellees alleged were misappropriation of city funds, misuse of city property, bribery of public officials, and other misdeeds by city officials and employees. Appellee Garner also voiced concerns about potentially illegal actions by Russell. Mayor Tolbert requested time to investigate the allegations made by the Appellees, at which time he requested that City Attorney Walter Harvey (“Harvey”) review the documents and evidence provided by the Appellees to determine if Russell had misused city funds. Approximately a week later, Harvey reported the results of his investigation to Mayor Tolbert. As a result of the investigation, Mayor Tolbert docked Russell’s salary by $10,000 per year, and removed him from his position as Chief of Police. A new chief of police, James ...
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