DeKalb city clerk lawsuit tossed by judge after clerk sought relief over elected duties dispute

DeKALB – A DeKalb County judge tossed a lawsuit Wednesday filed last month by DeKalb City Clerk Sasha Cohen seeking relief for what the clerk said was the city’s attempts to bar him from performing his statutory duties.

Cohen filed the lawsuit Dec. 12, the day the candidate filing period opened for those seeking a seat on the ballot in the April 4 consolidated election. Cohen argued that city staff that day had violated his elected office duties by not allowing him to accept the papers himself.

City officials claimed Cohen – who they said hadn’t shown up for work in seven months and missed 35 of 40 city meetings since he took office in May 2021 – hadn’t prepared enough for the day. Instead, city employee Ruth Scott, also executive assistant and recording secretary, accepted the papers.

Cohen’s lawsuit had sought relief against the city and Scott.

On Wednesday, Circuit Court Chief Judge Bradley Waller denied Cohen’s filing, echoing a separate ruling he issued Dec. 14 denying the clerk’s request for an emergency temporary restraining order against the city.

“I am disappointed but not surprised,” Cohen said after the hearing.

Cohen, who represented himself in court, said that in retrospect, he wishes the hearing went differently.

“I think that it would have been better had there been a greater opportunity to discuss the relevant case law,” Cohen said

Days before, the city had asked for Waller to throw out the lawsuit.

In a motion to dismiss the lawsuit – filed by city attorney Matt Rose Jan. 17, court records show – the city argued that Cohen did not state a legally sufficient claim for relief. The city also argued that since the candidate filing window closed Dec. 19, the clerk’s issues are a moot point, making it impossible for the court to grant relief.

City Attorney Matt Rose said he was pleased with the judge’s decision.

“We respect Judge Waller’s ruling and its thorough reasoning,” Rose said.

The clerk formally was censured Jan. 9 by the DeKalb City Council for his repeated absences and what city officials have long alleged his abandonment of his elected office. City officials said the censure was meant as a public admonishment of the clerk’s failure to do his job.

[ DeKalb city clerk has ‘spit in the eye of democracy’ says alderwoman as City Council censures clerk ]

City officials claimed in response to the clerk’s December arguments that they weren’t sure Cohen would show up to accept nomination papers, since he’d hadn’t been heard from in months.

DeKalb Mayor Cohen Barnes said later that the clerk had been “unavailable as usual” leading up to the filing period, and that the DeKalb County Clerk and Recorder’s Office had been unable to reach him regarding the pre-election preparations.

As a response, the mayor said, the county clerk’s office had instead reached out to Scott to be on hand for candidates in December.

In 2021, Cohen missed 7 of 19 meetings, 4 of those absences were without notice or explanation, city records show. In 2022, he had missed 23 of 26 meetings to date; 18 of those absences – the past 18 – were without notice or reason, city records show.

Cohen said it’s not clear if the judge’s decision will carve a path to putting an end to his tenure as DeKalb city clerk. Cohen did not say Wednesday whether he plans to appeal Waller’s decision. He has 30 days from the date of the hearing at the DeKalb County Courthouse to file an appeal, officials said.

“I believe that question remains to be seen,” Cohen said. “The judge’s dismissal has really placed the ball in the city’s court as to whether they will permit me to perform my duties or continue to make that difficult. I certainly want to exercise the role.”

When asked in December why he doesn’t show up for work if he wants to do more, Cohen previously said he believes much of his clerk’s duties have been made redundant by past city councils who’ve given those duties to city staff.

City officials have argued that changes to the office were necessary to maintain continuity of work.