Bailey, who remains on suspension with pay from the police department amid an investigation into allegations she misused funds from the Canton Police Explorers group, claims in the suit she was not properly compensated under the Fair Labor Standards Act for the overtime she worked.
The Georgia Bureau of Investigations inquiry into the allegations against Bailey has concluded and found no grounds for criminal prosecution against the former police department spokesperson, Police Chief Robert Merchant told the Tribune Thursday.
The GBI report from the case is being redacted and will be released within the next few days, said GBI spokesperson John Bankhead.
Merchant said the GBI consulted with the district attorney in making the decision not to pursue criminal charges.
However, an internal investigation into the situation is continuing, Merchant said, and Bailey remains off the job until it is complete.
The investigation was requested by Merchant into the allegations Bailey used funds to purchase a golf cart for the disabled son of Capt. Scott Jamison, whom Bailey was accused of having a sexual relationship with at the time.
Jamison was employed with the Sandy Springs Police Department at the time but has since voluntarily retired.
Bailey, who has been suspended since July 18, was accused of raising $4,050 in donations for the golf cart, which cost a total of $6,242.29 and also included the purchase of a gun rack, stereo and customized wheels.
“She is still employed and suspended with pay pending the outcome of our internal investigation,” Merchant said Thursday.
The compensation lawsuit filed in the United States District Court for the Northern District of Georgia names the city, Merchant, City Manager Scott Wood and the Canton Police Department.
In the suit Bailey claims under police department policy she also should have received a 5 percent raise July 1 when she completed her master’s degree.
The suit asks for all unpaid overtime wages, liquidated damages, back pay from July 1 reflecting the increase, court costs, interest on the pay owed and any other relief the court would grant.
City Attorney Bobby Dyer said the filing of the suit was the first the city knew of any disputed wages.
“We are still looking into her claims about overtime compensation,” Dyer said. “This is the first the city had knowledge of her claims.”
Wood referred all questions to the city attorney beyond confirming the suit was filed.
In the suit Bailey claims Wood was “advised by a supervisor of Plaintiff in the Spring of 2012 that Plaintiff was improperly being treated as an exempt employee.”
The suit goes on to claim that Wood refused to properly compensate Bailey for overtime due to her for past hours worked.
Bailey could not be reached for comment by press time.