Court Reduces Sentence on Sanitation Worker Who Picked Up Garbage 'Too Early'

The Sandy Springs Municipal Court has amended the sentence handed down to a sanitation worker who was sent to jail for collecting garbage too early.

The court on Monday said it will amend Kevin McGill’s sentence — originally 30 days in jail — to time served and further probation suspended.

“There are times when taking a step back provides the opportunity for better perspective,” the court said early Monday evening. “In retrospect, the actions of the court with regards to Mr. McGill’s sentence for violating the city’s noise laws, was disproportionate to a first-time offense.”

McGill, employed with Waste Management, was cited for violating the city’s noise ordinance, which stipulates residential waste disposal companies can only collect garbage between 7 a.m. and 7 p.m.

According to WSB-TV, he was cited for picking up trash at 5 a.m. in one neighborhood. Chief Solicitor Bill Riley initially asked the Municipal Court judge to sentence the worker to 30 days in jail.

McGill, who did not have an attorney present at the time of the court hearing, had been serving his sentence on the weekends, WSB reported.

Read WSB-TV’s full report here.

“City ordinances are implemented for the protection of quality of life within a community,” the municipal court continued in its statement. “The adherence to these laws is important, and the city is obligated to enforce these laws, which includes imposing sanctions against those individuals who break the law.”

The sentence, which was imposed in early February, drew widespread criticism. Kimberly Bandoh, McGill’s attorney, told WSB-TV that her client should have been given a warning instead of a jail sentence. On Monday, Bandoh added her client is happy the court decided to suspend the sentence and “he’s happy not to be going back to jail again.”

Bandoh added the city should consider talking to a particular employer about ordinance violations as opposed to targeting employees who are just following company orders. In this case, Bandoh said McGill was merely following the directions of Waste Management.

The company outlines which routes drivers have to take on specific dates and times. Any deviation from that route or time of day drivers are suppose to collect waste will alert the company’s system, she stated. 

“He’s not in control of when he drives the truck and where he goes,” she stated.

For its part, Waste Management characterized the entire situation as ”unfortunate,” and said they were ”making every attempt to resolve it.”

“We regret the impact it has had on all involved parties including Kevin and his family, who are in a stressful situation; the city of Sandy Springs, a customer we value greatly; and others,” company spokesperson Marla Prince said. “We are currently reaching out to Kevin to see if we can assist with any immediate needs. We’ve also reminded our employees that it is their continued responsibility to respect and follow all the rules of the city of Sandy Springs.”

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