Restore Public Trust Ethics Complaint – Amendment 1
Restore Public Trust Ethics Complaint – Amendment 1
Viola Davis
909 Rays Road
Stone Mountain, Ga. 30083
June 9, 2014
DeKalb County Board of Ethics
Clark Harrison Building
330 W. Ponce de Leon Avenue
Decatur, Georgia 30030
Dear DeKalb County Board of Ethics:
I, Viola Davis with Unhappy Taxpayer & Voter, submit this 1st amendment to the ethics complaint to restore public trust against Kelvin Walton, former Director and Chief Procurement Officer of the Department of Purchasing and Contracting and Nina Hall, Former Assistant to CEO Burrell Ellis, and former Project Manager with the Watershed Department.
I presented evidence during an executive meeting of Restore DeKalb on Friday, May 29, 2014 which included documentation from the grand jury case against former CEO Burrell Ellis. I have received the full support of Restore DeKalb to submit a Restore Public Trust Ethics Complaint – Amendment 1 against Kelvin Walton and Nina Hall concerning the public corruption case related to purchasing and contracts within the Watershed Department.
I submit an amendment to include sworn statements of both Kelvin Walton and Nina Hall from the grand jury report located in the document titled, “State vs. W. Burrell Ellis Supplement to Supplemental Motion to Suppress the Search of Mr. Ellis’ residence and Mr. Ellis’ Office and Seizure of Evidence and Motion to Suppress Wire Communications and Text Messages”. The document has 170 pages.
The documented evidence is placed in bullet points to highlight important testimony that will support the DeKalb County Board of Ethics removing Walton and Hall from the taxpayers’ payroll. Kelvin Walton and Nina Hall need to be remove from the taxpayers’ payroll for following reasons:
• Kelvin Walton willfully lied multiple times during his May Special Purpose Grand Jury Testimony.
• Kelvin Walton admitted under oath that he lied to the Grand Jury.
• Kelvin Walton refused to answer 343 questions for fear of self-incrimination. http://www.wsbtv.com/news/news/local/dekalb-official-refuses-answer-343-questions-fear-/nfDKt/
• Kelvin Walton funneled cash from vendors to a county employee who served on approximately fifteen selection committees for DeKalb County projects. The employees name is Nina Hall, formerly the executive assistant to CEO Burrell Ellis.
• Kelvin Walton accepted a gift/service from a vendor of cash value without paying for the service.
• Nina Hall first denied ever receiving gifts or cash from vendors under oath. However, she eventually confessed to receiving cash from Kelvin Walton and allegedly Michael Hightower.
In the document dated May 7, 2014, Attorney Arthur Leach stated there was no actual factual allegations against his client (Kelvin L. Walton) in our complaint. Leach also stated Kelvin L. Walton cannot engage in the process until he testifies in the pending case involving the former CEO of DeKalb County. (See attachment)
The DeKalb County Board of Ethics must be made aware of the following facts concerning Kelvin Walton and Nina Hall’s testimonies within the grand jury document identified above to include:
I. Kelvin L. Walton Testimony:
a. Kelvin Walton takes the oath and solemnly swears or affirms that the evidence he gave the Grand Jury on his presentment shall be the truth, the whole truth, and nothing but the truth, so help him God. (Page 190 — Defendant’s exhibit D)
b. Juror Number 10 asked Kelvin Walton, “Does this leave the county open for lawsuits, I mean, liable for”. Kelvin Walton said, “It does, ma’am”. (Page 225)
c. Kelvin Walton said, “We are not in the business of paying anyone that’s even related to somebody that work for the County.” Despite stating this fact, Walton allowed Jeff Walker, brother of a county worker named John Walker, receive contract payments from vendors. (Page 148)
d. Kelvin Walton claimed he was not aware Brown and Caldwell paid Jeff Walker when they had the large mapping contract with the county. (Page 150)
e. Walton claimed he was not aware that Brown and Caldwell was forced to add Hadi Haeri to their mapping contract until he met with Francis Kung’u and Ted Rhinehart. (Page 151)
f. During Walton’s first testimony to the Grand Jury, he claimed that he never had anyone perform services at his home. (Page 151)
II. Kelvin Walton’s Second Appearance before the Grand Jury:
a. Kelvin Walton takes the oath and signed the written oath. (Page 104)
b. Kelvin Walton admits there was something that he was not truthful about with the Grand Jury previously. (Page 105)
c. Walton said, “First of all, I want to apologize to the Grand Jury. I was not, you know, as truthful as I should have been the time that I was here.”
d. Walton said, “As it relates to the matter with Paul Champion, I did meet him in the parking lot at Walmart, but I did not solicit any funds from him. Paul Champion did cut down trees for me and I believe that he was trying to hold that against me because the County was not paying him for the bill that the County owed him (Champion) for the trees that he said that he cut down.” (Page 106)
e. Walton claimed Paul Champion offered him cash and he said that he (Walton) did not operate like that. (Page 107)
f. Kelvin Walton said, “But again, I want to apologize. I was not truthful. I was nervous. I had never done this before. Again, I’ve been in the business 20 years and never faced this type of situation and I lied and I apologize for that.” (Page 108)
III. Kelvin Walton’s testimony dealt with contractors under investigation and controversial events within DeKalb County government to include:
a. Kelvin Walton said, “Then Neville Anderson, whoever he is from some company, called Morris Williams this weekend and said that Jeff Walker and Dr. Taylor called him and said, did Morris ever ask you for any money, we need to lead the DA to somebody else. And the young man said, I don’t know what you’re talking about”. (Page 163) …”Tony Taylor used to work for a company called Parsons.” (Page 163-165)
b. Walton discusses a bogus company on page 171.
c. Kelvin Walton said that the last time he spoke with CEO Jones was right after he got out of office. He saw him at the Arizona Restaurant in Lithonia. (Page 182)
d. Kelvin Walton and Vernon Jones are in the same fraternity. Walton met David Gallemore in Morris William’s office during the Jones Administration. David is a fraternity brother as well. (Page 183-184)
e. Morris Williams said, “I heard that they asked David Gallemore about a letter, Kelvin, and I said what letter…He said, you know, they were bad mouthing my company, telling – they were going around telling other companies don’t utilize G4Enterprise”. (Page 185-186)
f. Kelvin Walton acknowledged Mr. Gallemore had an inappropriate relationship with Jeff Walker’s wife. Walton went on to confirm that the inappropriate relationship was a sexual relationship. (Page 187)
g. Walton said the following concerning Richard Stogner, “Richard Stogner and Samit Roy, who is the owner of Scicom, went to see former Governor Roy Barnes the other day. They had a meeting with him because I guess he’s going to represent them as this thing develops. And they wanted me to come, you know because they – that I was going to need representation as well. And I told them, no, I’m Okay. And I’ve got things to do on the job anyway. You know, I’m going to tell the truth. I just don’t feel that I need a lawyer right now.” (Page 187-188)
h. Walton went on to say, “They said, okay, you’re sure? So they went and Roy Barnes told them – According to Richard after they got back – said former Governor Roy Barnes said that they didn’t have anything to worry about because based on what they told him, he didn’t see anything wrong with him using federal contracts splitting them at $49,000, and stuff like that. He just didn’t see the issue that he was going to call DA James and talk to him about the situation, to let him know that this is – it’s really nothing. So, in other words, just trying to get him out of it.” (Page 188)
i. Kelvin Walton explained how he and Richard Stogner broke contracts down to $49,000 (Pages 188-190). And he (Richard Stogner) knows that Samit Roy—Scicom is a good company, they do good work. And- but other companies have complained about never getting some of the IT work. (Page 188-191)
IV. Nina Hall Testimony:
a. Sworn testimony began on page 152.
b. Nina Hall stated she was the assistant to DeKalb CEO Burrell Ellis and worked for Ellis four years in his capacity as the CEO, and a year and a half – he was a county commissioner. (Page 152)
c. Hall stated that she “served on committees with the community development group in terms of the grant process in the county, giving out grants to nonprofit organizations. And I have served on selection committees”. (Page 154)
d. Hall served on committees related to the procurement process for about two years. (Page 154)
e. Kelvin Walton presented Hall the opportunity to serve on some select committees. (Page 155)
f. Hall stated she knew Walton for six years and that they were friends. (Page 156)
g. Hall went out to dinner with vendors. She went to dinner with Kelvin Walton and Barry Bennett, where Bennett paid for the dinner. (Page 233)
h. Hall initially stated that she was “not aware of any vendor or a vendor representative indirectly giving a gift, be it, a physical gift or a monetary gift to any county employee, starting with the CEO, and all the way down”. (Page 234)
i. Nina Hall said, “Well, I mean my friend Kelvin, he gave me some money to help me out with something and he did say that he got it from some of his –some of his friends. Hall acknowledges that she received money from Kelvin Walton and a vendor friend allegedly Michael Hightower. (Page 235)
In the name of transparency, ethics, and accountability, we submit this ethics complaint amendment to restore public trust.
Sincerely,
Viola Davis
Community Missionary
See Attachment
http://www.scribd.com/doc/229056323/State-vs-W-Burrell-Ellis-Supplement-to-Supplemental-Motion
Local Group Joins Forces With Defense League To Oppose Biomass Incineration
CITIZENS FOR A HEALTHY AND SAFE ENVIRONMENT
www.chase– dekalb.webs.org P.O. Box 384, Lithonia, GA 30058
FOR IMMEDIATE RELEASE
April 9, 2014
Contacts:
Renee Cail, 617-320-3910
Min. Stevie Banks 770-865-3660
Sandra Honore 770-559-9669
Rev. Charles Utley 706-772-5558
Darren Harper 917-204-4427
Local Group Joins Forces with Defense League to Oppose Biomass Incineration
Lithonia– Today, Citizens for a Healthy and Safe Environment (CHASE) announced they have joined the Blue Ridge Environmental Defense League (BREDL), a regional environmental justice non-profit organization. The link with the multi-state organization will give CHASE greater capacity to defend the residents of Dekalb County from toxic air pollution.
Renee Cail, CHASE President, said, “We will continue to fight for environmental justice to stop energy corporations from bringing industrial projects to our communities that threaten the public health of people in Lithonia.” CHASE was founded by local residents opposed to a biomass power plant.
CHASE member Sandra Honore said, “We will increase our community power by holding community educational meetings, rallies and protests to prevent the Public Service Commission from granting a license to Green Energy Partners. That’s why CHASE is joining with Blue Ridge Environmental Defense League.”
Rev. Charles Utley, EJ Campaign Director for Blue Ridge Environmental Defense League, said, “CHASE has done well, focusing its efforts on preventing the development of a biomass gasification burning electric plant located on Rogers Lake Road in Lithonia. The plant has not been built, and it’s not too late. We must remain steadfast in our goal.” Min. Stevie Banks, Vice President, agreed and said, “Several local churches and health organizations, members of the legal community and other grassroots organizations oppose development of the plant.”
Dr. Darren Harper, a medical doctor and member of CHASE, spoke about the negative health impacts of biomass incinerators. He said, “We are concerned about the residents of Lithonia who are suffering with respiratory illnesses, fighting stenches from the landfills and facing toxic emissions from trucking and gravel companies.” According to a study by BREDL, the nitrogen oxide emissions from Green Energy Partner’s proposed biomass gasification plant would be like adding 16,491 cars on the roads in South Dekalb County. Harper continued, “We do not need another smokestack in Dekalb County.”
The CHASE group was formed by long time civil rights activists and Lithonia residents in July 2010 when they were notified about the proposed plant. The group’s first meetings were hosted by member Johnny Dougherty, now deceased. BREDL has provided the group with technical assistance throughout their campaign, and in 2014 CHASE became an official chapter of the organization.
BREDL has helped organize chapters in diverse communities across Georgia since 2002, and continues working across the state to protect water, air and environmental quality. In Lowndes County in 2011, a company seeking to build a biomass incinerator similar to the proposed plant in Lithonia, backed out of its plans after months of protesting by BREDL’s chapter in Valdosta, the Wiregrass Activists for Clean Energy. The group also secured a “no biomass clause” for any future lease or sale agreements of the land, a strategy that activists in Lithonia can learn from.
On March 15, 2014 BREDL celebrated its thirtieth anniversary. The League has won successful environmental justice campaigns in six states and has incorporated more than one hundred chapters across the region, including preventing and shutting down nuclear waste sites, hazardous waste dump facilities, and asphalt and other polluting industrial plants in rural and low-income areas and communities of color across the Southeast.
Ethics Complaint Filed Against CEO Burrell Ellis
Rhea Johnson, a DeKalb County resident, filed an ethics complaint against CEO Burrell Ellis late on Tuesday.
As the Complainant, Johnson filed the ethics complaint to have CEO Burrell Ellis removed from office because the indictment and grand jury report documentation justify Ellis permanent removal from office. Johnson said, “He violated the Code of Ethics”.
While the criminal indictment set a standard for conviction of a crime at “beyond a reasonable doubt”, the Code of Ethics conviction requires the standard of proof governed by the “preponderance of the evidence”.
Read the rest of the story at the following link:
http://www.ajc.com/news/news/breaking-news/ethics-complaint-filed-against-ellis/nfgKr/
Question: Should DeKalb County taxpayers and voters continue to finance the salary and full benefits of the following:
a. Two CEOs to include CEO Lee May and CEO Burrell Ellis ($153,000)?
b. Two Purchasing and Contracting Directors to include Kelvin Walton and Scott Callan ($153,000 each)?
c. CEO Burrell Ellis’ secretary, Nina Hall ($75,000)?
View the Ethics Complaint below:
http://www.scribd.com/doc/220030978/Ethics-Complaint-Filed-Against-CEO-Burrell-Ellis
DeKalb Residents: Fire Purchasing Director
By April Hunt (4/22/2014)
The Atlanta Journal-Constitution
Several residents and business owners gave DeKalb County Commissioners an earful Tuesday morning for interim CEO Lee May’s decision to suspend but not fire the county purchasing director.
Purchasing Director Kelvin Walton and Nina Hall, the former secretary of suspended CEO Burrell Ellis, will still earn salaries during their suspensions that began Monday. May said he removed them because of allegations they were part of the contract corruption that Ellis was indicted for last year.
Read the rest of the story at the following link:
http://www.ajc.com/news/news/local/dekalb-residents-fire-purchasing-director/nffcN/
Or view the video:
Ten Year Audit of DeKalb Commissioners’ P-Cards
Surprise. Surprise. Surprise.
Commissioner Sharon Barnes Sutton surprised the public as well as her fellow commissioners with a gift…A ten year audit of the DeKalb Commissioners’ P-Cards.
Commissioner Jeff Rader and Commissioner Kathie Gannon introduced a resolution during the Board of Commissioners meeting, directing the executive assistant to obtain the services of a certified internal auditor or a certified government audit professional to analyze the expenditures of each member of the Board of Commissioners and their staff.
The audit will include the following:
• Audit to review the expenditures for the past ten years by each BOC, his/her respective staff and office, and the central office of the BOC;
• Audit shall review expenditures and decide whether the expenses were for county business;
• The auditor shall begin auditing commission district 6 first, per Commissioner Barnes Sutton’s substitution.
• The final and complete audit shall be distributed promptly to each member of the BOC, the CEO, and the Board of Ethics, and shall be made available to the public.
The Atlanta Journal Constitution article, “DeKalb Official Spent County Funds On Herself” by Johnny Edwards (3/22/2014), reported alleged misuse of the her purchase card (P-Card).
http://legalpronews.findlaw.com/article/22082f625614e6f3810cfff376dbde72#.U0rRSiiKV6U
The resolution attempts to restore public trust through the use of transparency, and begin to restore public confidence.
Update: Email statement from Commissioner Kathie Gannon
Independent Audit for all Commissioners
Yesterday the Board of Commissioners took the first step forward into sunshine and transparency. Commissioner Rader and I introduced the attached resolution calling for an independent audit of all spending for the past 5 years by each County Commissioner starting with District 1. The audits will include Purchase Cards, all other expenditures and all commission staff. The resolution directs the County to hire a Certified Internal Auditor or a Certified Government Audit Professional using funds previously budgeted for an internal auditor. The resolution was modified by Commissioner Barnes-Sutton to start with District 6 (my District) and to go back 10 years and then begin with District 1. This substitute motion passed without a dissenting vote. Commissioner Barnes-Sutton later attempted to call for a reconsideration of her substitute motion, however that failed. Please see the attached resolution that calls for an audit of all County Commission expenditures.
Kathie Gannon
Super District 6 Commissioner
http://www.scribd.com/doc/220196905/Ten-Year-Independent-Audit-of-All-DeKalb-Commissioners-P-Cards
Restore Public Trust Ethics Complaint – DeKalb County Board of Ethics
Restore Public Trust Ethics Complaint
Viola Davis
909 Rays Road
Stone Mountain, Ga. 30083
March 17, 2014
DeKalb County Board of Ethics
Clark Harrison Building
330 W. Ponce de Leon Avenue
Decatur, Georgia 30030
Dear DeKalb County Board of Ethics:
I, Viola Davis with Unhappy Taxpayer & Voter, submit this ethics complaint to restore public trust against Kelvin Walton, Director and Chief Procurement Officer of the Department of Purchasing and Contracting and Nina Hall, Former Assistant to CEO Burrell Ellis, and currently Project Manager with Watershed Department. I presented evidence during an executive meeting of Restore DeKalb on Friday, March 14, 2014 which included the complaints of two vendors, one complaint by a disabled veteran, and a federal complaint filed September of 2013 to the Recovery Accountability and Transparency Board.
I have received the full support of Restore DeKalb to submit a Restore Public Trust Ethics Complaint against Kelvin Walton and Nina Hall concerning the public corruption case related to purchasing and contracts within the Watershed Department. We agreed that the following actions need to be address to restore public trust in DeKalb County to include:
A. Demand Kelvin Walton and Nina Hall be reassigned to other departments until a full criminal investigation and forensic audit of the Watershed Department is completed.
B. Demand a forensic audit of the Watershed Department due to a long history of complaints of criminal activity and systematic charges of thievery.
C. Demand the GBI lead the investigation as an external neutral third party due to the fact that two-three independent Constitutional officers have made serious accusations against one another to include:
a. CEO Burrell Ellis charges against DA Robert James and Interim CEO Lee May
b. District Attorney Robert James charges under the RICO statue.
c. Interim CEO Lee May’s statement of a need for additional evidence before removing Kelvin Walton from the Purchasing and Contract Compliance Department.
D. Demand a federal investigation into DeKalb County’s Purchasing and Contracting and Contract Compliance departments and prosecution of people who are found to violate the local, state, and federal laws.
If we are to restore public trust, we request that the DeKalb County Ethics Board examine the following evidence submitted and submit an opinion and/or board action to the necessary elected officials and department heads (local and state level) to complete this Restore Public Trust Ethics Complaint:
1. Vendor 1 – Hopie Strickland with Strickland and Sons Construction
a. Unhappy Taxpayer & Voter filed a federal complaint with the Recovery Accountability and Transparency Board, September 2013 concerning a complaint by Hopie Strickland of bid rigging, kickbacks, and false documentation, etc. (See Documentation below)
b. Video titled, “DeKalb Corruption against LSBE Vendors” featuring Hopie Strickland.
2. Vendor 2 – Alessandro Salvo with GS Construction
a. Link to WSBTV story on Alessandro Salvo complaint
b. Link to Video of FBI investigation of Watershed Extortion case (Documentation provided on request of Ethics Board)
3. Private Citizen – Disabled Veteran complaint concerning tree removal demonstrates systematic problems and/or corruption that unfairly targets private citizens and lack of executive oversight.
4. DeKalb County Special Purpose Grand Jury Report 2012-2013 … Civil Case #12CV1000.
In the name of transparency, ethics, and accountability, we submit this ethics complaint to restore public trust.
Sincerely,
Viola Davis
Community Missionary
Announcing Georgia Watchdogs
Unhappy Taxpayer and Voter is proud to join with other citizen watchdog groups to fight for more transparency in government. Please visit Georgia Watchdogs or www.georgiawatchdogs.com.