IN THE SUPERIOR COURT OF CLAYTON COUNTY Abe 7 STATE OF GEORGIA Te, DONYA SARTOR, in her capacity as Mayor and Chief Executive Officer of the City of Jonesboro, Georgia, Petitioner, ) ) ) ) ) CIVIL ACTION FILE v. ) ) NO, 2023-CV-02855-9 TRACEY MESSICK, BILLY POWELL, ) ED WISE, DON DIXON, ALFRED DIXON, _) and BOBBY LESTER, in their official capacities) as Councilmembers of City of Jonesboro; ) DAVID ALLEN, in his official capacity as Interim ) City Manager of Jonesboro; ) TOMMY HENDERSON, III, in his official ) capacity as Chief of Police for the City of ) Jonesboro, and DANIELLE MATRICARDI, in her official capacity as City Attorney forthe City of Jonesboro, 5) Respondent(s), TEMPORARY ORDER ON PETITIONER’S MOTION FOR TEMPORARY RESTRAINING ORDER AND INTERLOCUTORY INJUNCTION Bofore this Court is Petitioner Donya Sartor, in her capacity as Mayor and Chief Executive Officer of the City of Jonesboro’s Motion for Temporary Restraining Order and Interlocutory Injunction. Upon considering the law and pleadings, the Court FINDS and ORDERS: ‘The verified petition alleges that, after receiving a complaint from a City employee against the Mayor, the Respondents have banned the Mayor from City premises, and that the Mayor was directed by the Chief of Police to return of City property, including the Mayor's keys, cards, and City vehicle. ‘The Mayor states that these actions, have been executed without due process and is, in violation of the City of Jonesboro Charter §2-271 which sets out the procedures for administrative investigations against elected officials, and that the Respondents have, thus, improperly and illegally prevented the Mayor from fully carrying out the duties of her elected office, including attendance of moetings of the City Couneil over which the Mayor presides, Under 0.C.G.A § 9-11-65, a temporary restraining order may be granted without written cr oral notice to the adverse party only when the facts show that immediate and irreparable injury will result to the applicant before the adverse party or his attorney can be heard in opposition andwhen the applicant's attomey certifies the efforts made to give notice. “An ex parte temporary restraining order is harsh remedy and statutes authorizing such a remedy must be strictly construed." United Food & Commercial Workers Union v. Amberjack Ltd., 253 Ga, 438,438,321 S.E.2d 736, 737 (1984). ‘After having reviewed the Petitioner’s Verified Petition and Motion for Interlocutory Injunction, the Petitioner has shown that irreparable harm will be suffered by the Petitioner. Accordingly, the Court hereby temporarily ORDERS that: 1. Respondents are enjoined from banning or restricting the Mayor's access or usage of any city buildings or premises; 2. Respondents are enjoined from confiscating any city property (such as keys, computers, access cards or vehicles) is commiserate with her role as the Mayor of Jonesboro; 3. Respondents are enjoined from conducting any direct activities or responsibilities of the Mayor without the express permission of the Mayor; 4, Respondents are enjoined from conducting any activities that, in any way, prevent the Mayor from fully carrying out the duties of her elected office; 5. Respondents are enjoined from proceeding with any official acts involving or regarding ‘the Mayor that were implemented while Respondents caused the Mayor to be banned from city premises and during which time the Mayor Pro-Tem was also presiding, including matters in which a conflict of interest was cited for the Mayor’s exclusion; and 6. Respondents are enjoined from acting in any manner that afffects the Office of Mayor without providing statutory support to the Mayor. Itis ineumbs the Petitioner to t service IMMEDIATELY upon the responder and to ensure that the appropriate parties are served proper notice of the temporary restraining order and this notice of hearing date in the aboye-styled case. This Order shall expire thirty days from the date of this Order, unless extended by the consent of the parties. In the interests of justice, the Parties shall appear before the Honorable Geronda V. Carter in the Superior Court of Clayton County ov the 29th day Of September, 2023, AF 10500 ani Courtroom 404 to show cause as to why Petitioner’s request should be granted. The Zoom information is Password: Carter and JD: 933 6384 0826. All counsel and the parties are authorized to appear virtually via Zoom for this hearing, The Court anticipates that the hearing should last no longer than 2 hour(s). Alternatively, the parties may submit a settlement agreement. 2 2023CV02855-9 Temporary Restraining Order‘Counsel for the parties must forward the parties and any witnesses the Zoom information and virtual court rules, Exhibits to be submitted into evidence and courtesy copies of filed documents, must be e-mailed atleast 48 hours prior to the hearing to: judgecartercourtesyfilings@claytoncountyga.gov and copied on the opposing party, Parties with any reason that they are unable to appear for Court on the date and time listed, must file a request or motion with the Superior Court Clerk’s Office. E-filing is available, All requests must be made in writing. Any party who is unable to appear virtually, must e-mail a notice of intent to appear in-person to: JudgeCarterCourtesvFilings@ClaytonCountyGA. gov and copy the opposing party, so that appropriate Court staff and equipment will be available. Our office is available by phone at (770) 477-3432. Requests for an interpreter should be immediately submitted to the Clayton Judicial Circuit Superior and State Court Administration Office: Kelly. Hawkins@clavtoncountyga.gov. Parties requesting @ court reporter to take down the proceedings should finalize arrangements, no later than 48 hours, prior to the hearing with Judge Carter's. Court Reporter: Sara Rivera@elaytoncountyga.gov, Social distancing practices will be enforced for parties appearing in-person. All persons centering the courtroom may be required to wear a face covering and have their temperature checked. Individuals should not enter the courthouse if they: are sick; have tested positive for COVID-19; have been exposed to anyone who has tested positive for COVID-9; are under a ‘quarantine recommendation; or have traveled to any country with travel restrictions, To reduce the risk to the public, parties are encouraged to report alone, when possible. IT IS SO ORDERED, this 12" day of September, 2023, LAYTON JUDICIAL CIRCUIT Edited by the Court. Presented by: és/ Joslyn Jackson Counsel for the Petitioner, Geotgia Bar: 823837 ‘The Joslyn Jeckson Law Firm, LLC PMB 251, 1750 Powder Springs Road, Suite 190 ‘Marietta, GA 30064 (678)203-5295 (office) (678) 623-0143 (facsimile) Joslynesq@icloud.com (e-mail) 3 2023CVO2855-9 Temporary Restraining Order