Bailey was terminated in November. She filed an appeal in December, which was denied by City Manager Scott Wood on Dec. 20.
Bailey’s attorney, Lance LoRusso, said Thursday Bailey has exhausted the due process for a terminated city of Canton employee.
“We provided information that the documentation they were relying on was incorrect and the conclusions they were relying on were patently incorrect,” LoRusso said. “That apparently does not even warrant review.”
In Wood’s letter denying Bailey’s appeal, he said he saw “no reason to overturn or modify” the decision to terminate Bailey. Canton Police Chief Robert Merchant terminated Bailey’s employment on Nov. 27 following an internal investigation.
Bailey had been on paid leave from the city since July, when allegations surfaced regarding the purchase of a customized golf cart for the disabled son of a man with whom she allegedly had a sexual relationship.
The golf cart was purchased using $6,242.29 from the Canton Police Department’s Explorer fund.
In his termination letter, Merchant wrote that Bailey misused her position for personal gain and damaged public trust in the department.
During the internal investigation, investigators found documents that required two signatures for the Explorers account in 2006 and required one signature in 2012.
Bailey testified to investigators that the account did not need two signers. She reiterated this in her appeal.
In her appeal letter, Bailey maintained that the bank negotiated single-signature checks on the account from 2006 to 2012. She also said that interviews with bank employees could confirm her statement.
Bailey attached bank documents from 2006 to her letter. One form shows the number of signers needed for the account typed in as “01.”
A second attached form shows the necessary numbers of signers as “02,” which appears handwritten on the form. Bailey contends that the second form showing two signatures needed was the only one provided to investigators from Marietta, who conducted the internal investigation for the city.
She had signed a form requiring two signatures in 2006, according to the investigation.
According to investigation reports, Bailey was found to have violated Canton Police Department policies on the code of ethics, professional image, on- and off-duty conduct, violation of rules, unbecoming conduct and truthfulness.
The city’s finance department also violated policy by not performing annual audits of the Explorer account or tracking deposits and expenditures, according to the investigation report.
Bailey said during the investigation that she made the decision to purchase the golf cart with input from the Explorers, the Explorers board and then-Police Chief Jeff Lance.
Investigators found she did not disclose her relationship with the boy’s father at the time of the golf cart purchase.
Bailey told investigators that the relationship did not influence her decision to purchase the golf cart.
In her appeal, Bailey said allegations of untruthfulness were unfounded because the public was told that donations were being solicited for a young disabled man to purchase a golf cart to assist with his mobility.
Bailey also contended that her firing violated the city’s principle of progressive discipline because her personnel file was “virtually devoid of discipline.”
An earlier criminal investigation by the Georgia Bureau of Investigation found no grounds for criminal prosecution against the former police department spokesperson.
Bailey filed a lawsuit against the city in October, claiming that she was not paid for overtime worked and should have received a 5 percent raise July 1 when she completed her master’s degree.
The suit names the city, Merchant, Wood and the Canton Police Department.
LoRusso said the lawsuit is still in the discovery phase.