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Warner Robins department director threatens city with multimillion-dollar lawsuit

City Attorney Jim Elliott said Warner Robins would defend itself "fully and vigorously"

WARNER ROBINS, Ga. — Warner Robins Economic Development Director Gary Lee is threatening the city with a potential $10 million lawsuit, documents show.

The development comes months after Lee's criminal indictment and subsequent suspension from work.

RELATED: Suspension overturned, Gary Lee allowed to return to work

Preston Haliburton, Lee's attorney, sent what's called an 'ante litem' notice to the city of Warner Robins in late May. 13WMAZ recently obtained a copy of the letter.

It's basically a legal 'heads up' that a lawsuit could be filed.

In it, Haliburton writes that Georgia's whistleblower statute protects Lee's actions that led up to his indictment. 

That law is designed to shield public employees who point out alleged wrongdoing from retribution.

Lee was indicted for allegedly making a false statement about a city employee form during a criminal investigation, according to Houston County grand jury documents from March.

But his lawyer says Lee was really "reporting irregularities with the city's employment files."

In the attorney's view, that means Lee's suspension never should have happened and if the situation is not resolved to Lee's liking, the letter says Lee intends to sue for potentially as much as $10 million.

Over the phone, Warner Robins Mayor Randy Toms said the situation is unprecedented.

He said he's never seen a sitting department director threaten the city with a suit like this.

"I've never known anything like this to happen and I've been with the city since 1985," said Toms.

In a written statement, city attorney Jim Elliott disputed Lee's claims.

He argued that Lee is not covered by the whistleblower act and said "the arrest and indictment were brought by the Houston County Sheriff's Department and the Houston County district attorney -- two entities/agencies independent of the City, acting on their own volition."

As for the Mayor, he said the ongoing drama is bad for Warner Robins.

"I think the whole thing is unfortunate and it continues to grow more and more unfortunate," he said. "I think it's way out of hand and we'll just have to see what all comes of it."

RELATED: Warner Robins city employee says she's been punished as whistleblower

Lee's attorney Preston Haliburton did not make his client available for comment, but over the phone Haliburton said his side was still in the fact finding mode and this ante-litem notice preserved their right to sue later on.

Jim Elliott said so far, no suit had been filed but if it gets to that point, the city's ready to "fully and vigorously" defend itself.

13WMAZ also attempted to contact every council member for comment on this story.

Keith Lauritsen, Larry Curtis, and Tim Thomas declined to comment.

The rest of council could not be reached.

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