Court makes DeKalb County reinstate firefighter after fatal fire

The Georgia Supreme Court upheld a lower court ruling ordering DeKalb County to reinstate a firefighter fired two years after the death of an elderly Dunwoody woman.

"I'm extremely happy, and I feel vindicated," said Sell Caldwell, a former captain and 17-year veteran with the DeKalb County Fire Department. "It's been a long time coming."

DeKalb County fired Caldwell and four other firefighters after the death of 74-year-old Ann Bartlett at her Houghton Court home in January 2010. Records showed Bartlett called 911 to report a fire, and firefighters were dispatched to the scene. But those firefighters reported seeing nothing and left. Hours later, the house was fully engulfed in flames.

Firefighters found Bartlett's body in the garage. She died of smoke inhalation.

DeKalb investigated and terminated the five firefighters, but Caldwell and others appealed.

The Merit Review Board decided the county made factual errors in firing Caldwell and reversed the termination.

When the county didn't act, Caldwell took it to superior court where a judge upheld that ruling. The county then appealed to the Georgia Supreme Court, which handed down its unanimous ruling Monday.

"It is disingenuous for the county to argue that although the code allows 'reversal' of the chief's decision, it does not contemplate reinstatement," wrote Justice Hugh Thompson. "By definition, reversal of termination constitutes reinstatement. County officials may not ignore the outcome of the merit system's proceedings as well as its own unsuccessful appeal."

Caldwell's attoey, Andrew Coffman, called the ruling a victory for the rule of law.

"The Supreme Court said in very plain terms that it's the rule of law that controls here," said Coffman. "The county doesn't get to make up the rules as it goes along."

Ruth Bartlett, the victim's daughter, spoke out on the reinstatement ruling.

"All of those people involved that evening did not do their jobs," said Bartlett. "If they had, there's a great chance my mother would be alive today. They have to live with that."

Caldwell said that while he was not responsible for what happened to Bartlett, he still very badly over the death.

"I offer my sincere and humble condolences to the Bartlett family," Caldwell said. "If there's anything we could do to somehow roll back time and change the outcome, all of us would do it gladly."

DeKalb County issued a brief statement saying only that its legal department was reviewing the ruling, and it could not comment until it had.