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Former city department director's suit against Warner Robins moves forward

Former public works director Joe Musselwhite says he was slandered at a 2015 Warner Robins city council meeting.

Joe Musselwhite says he just wants his name cleared, and he's been fighting to make that happen for a long time.

The story starts back in 2015 at a Warner Robins city council meeting.

According to WMAZ's own reporting from the time and a judge's description of the events, a woman read a letter criticizing Joe Musselwhite's performance as city public works director.

The letter said Musselwhite demeaned public employees and used a racial slur.

Councilman Tim Thomas then allegedly responded, saying according to a court filing, he "had investigated the alleged acts complained of in the Public Works Department and 'it was confirmed. There is no rumor to this. This happened a year and a half ago, it is not false.'"

Councilwoman Carolyn Robbins then allegedly agreed with Thomas, saying, according to court filings, she "'assum[ed] that it did happen, because Mr. Thomas said it did.'"

Musselwhite, who retired from the city job in 2013 (after nearly 20 years in the role), said the allegations are untrue and shouldn't have been read in public. He sued the city for slander.

"It's frustrating on numerous different levels," said Mayor Randy Toms.

The legal proceedings have dragged on for years. Mayor Toms said it's been, at times, a frustrating distraction for city business.

"It slows progress down. You've always got to wonder what's going on with it," he said.

A Fayette County state court judge is overseeing the case after a Houston County state court judge recused himself.

Many of his rulings have gone against Musselwhite, but he has not dismissed the case.

Now, in a court filing, the judge says both sides are headed to a pre-trial conference in later January.

Warner Robins city attorney Jim Elliott doesn't dispute what was said at the 2015 meeting, but says the judge has set a high legal bar for Musselwhite to prove he was slandered, one Elliott believes the facts do not support.

"We just don't think there's evidence of that and if there's no evidence, there's no way the plaintiff could prevail," he said.

Councilman Tim Thomas agrees.

"I think it's going to rule in favor of the city, I don't see why it shouldn't," he said. "Time will tell."

Jim Elliott said he thinks the case will likely wrap up sometime in 2019 but warned that with legal battles, timelines are never set in stone.

Joe Musselwhite, following the advice of his attorney, declined to speak on camera for this story. However, he said over the phone he's committed to the lawsuit for as long as it takes.

Councilwoman Carolyn Robbins did not return WMAZ's requests for comment.

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