Why Was Michael Bowers’ Name removed as Lead Special Investigator on the 2nd Executive Order?
The difference between ICEO Lee May’s Executive Order No. 2015-1 (1st Executive Order) and 2015-2 (2nd Executive Order)
By Viola Davis, August 9, 2015
Executive Order 2015-1, the 1st Executive Order, had the following language removed from the 2nd executive order. Michael J. Bowers’ name is not mentioned anywhere on the 2nd executive order. Please compare the major differences between the two documents.
In the 1st Executive Order, Michael J. Bowers and Richard L. Hyde’s names are listed as Special Investigators. The law firm of Balch & Bingham, LLP is also named in the 1st executive order. However, Bowers’ name and the law firm was removed from the 2nd executive order. See the language below:
NOW, THEREFORE, I, Lee N. May, Chief Executive Officer of DeKalb County, Georgia, in consideration of the aforementioned, do hereby appoint Michael J. Bowers and Richard L. Hyde as Special Investigators to provide a thorough systematic review of DeKalb County Government policies and procedures to identify any conflicts of interest, corruption or malfeasance and make specific recommendations in an effort to improve county operations, restore our image and the public’s trust in county government and order as follows:
1. The Special Investigators shall be independent and shall be appointed for a term, not less than 120 days, subject to extensions by the Chief Executive Officer necessitated by the findings of the Special Investigators. The Special Investigators shall be assisted by the law firm of Balch & Bingham, LLP or others they deem necessary to carry out their duties as Special Investigators.
The actions the Special Investigator shall perform were changed. The language from (a) through (f) were removed from the 2nd executive order. Please view the language (a) through (f) below:
a. Evaluate the need to establish an Inspector General office or a similar government position;
b. Review internal investigation protocols;
c. Review the County’s internal controls (Enterprise Risk Management);
d. Review personnel policies and procedures to ensure proper hiring practices;
e. Review the County’s financial controls to ensure the Finance and Budget Departments are achieving their objectives;
f. Review the DeKalb County Ethics Code and other existing county oversight mechanisms to ensure that the county is operating with the highest ethical standards;
The responsibilities of current officials and employees under the authority of the Chief Executive Officer were completely removed from the 2nd executive order. See the language that was removed below:
4. Responsibilities of current officials and employees under the authority of the Chief Executive Officer:
a. In addition to any other reporting obligations, promptly report to the Special Investigators any information concerning corruption, fraud, criminal activity, conflicts of interest or of other allegations of misconduct in DeKalb County government;
b. Interference with, obstruction of or dishonesty with the Special Investigators, or their designees, by an official or employee of DeKalb County Government under the direction of the Chief Executive Officer may constitute cause for disciplinary action, up to and including removal from office or employment or other appropriate penalty;
c. Prior to any such questioning, the official or employee, upon request, shall be afforded a reasonable period of time to obtain legal representation at his or her own cost;
d. No official or employee who complies with this directive shall be subject to retaliatory dismissal, discipline or other adverse personnel action, based upon a truthful report.
The penalty phase was removed from the 2nd executive order:
The refusal of any official or employee to answer questions or to fully cooperate with the Special Investigators may be cause for disciplinary action, up to and including removal from office or employment or other appropriate penalty.
The fees due to be paid to Mr. Bowers and all his attorneys were removed from the 2nd executive order. View the language below:
a. The Special Investigators shall be paid for this investigation as follows: Mr. Bowers and all attorneys will bill at a flat rate of $400 per hour; Mr. Hyde and all investigators, at a flat rate of $300 per hour. Paralegals will bill at $150 per hour. The Special Investigators will submit a monthly report to the Chief Executive Officer detailing the hours worked by individual and by task; this report shall include all expenses of the investigation incurred to date.
In Executive Order 2015-2 (2nd Executive Order), Richard L. Hyde’s name is mentioned as the Special Investigator and Michael J. Bowers’ name is removed. The law firm of Balch & Bingham, LLP was also removed. View the new language below:
NOW, THEREFORE, I, Lee N. May, Chief Executive Officer of DeKalb County, Georgia, in consideration of the aforementioned, do hereby appoint Richard L. Hyde as Special Investigator to provide a thorough systematic review of DeKalb County Government policies and procedures to identify any conflicts of interest, corruption or malfeasance and make specific recommendations in an effort to improve county operations, restore our image and the public’s trust in county government and order as follows:
The 2nd Executive Order had the following language added to include:
A. Prior to any questioning by the Special Investigator or his assistants, the official or employee, upon request, shall be afforded a reasonable period of time to obtain legal representation at his or her own cost;
B. When an employee is requested to give information or participate in an interview, the employee shall be apprised through signing an agreement of his or her right to remain silent; that anything said may be used against him or her in both a criminal or administrative proceeding; and that he or she cannot be disciplined for remaining silent.
The effective date was changed:
a. This Executive Order shall take effect immediately upon signature and publication. This Executive Order, along with Executive Order No. 2015-1, supersedes and replaces the Executive Order issued on March 18, 2015.
We placed copies of both Executive Orders online for the public to review. Once we have copies of the funds paid to the Special Investigators, we will post copies of the checks.
If you have any questions, please email us at UnhappyTaxpayers@gmail.com.
Investigators called DeKalb County Government, “Rotten to the Core”
BY VIOLA DAVIS, AUGUST 8, 2015
Special Investigators, former Georgia Attorney General Mike Bowers and Richard Hyde, called DeKalb County Government “rotten to the Core”. The investigators were appointed by county Interim CEO Lee May in March 2015 to identify any conflict of interest, corruption or malfeasance and make specific recommendations in an effort to improve county operations, restore our image and the public’s trust in county government.
In June 2015, ICEO Lee May suspended use of county-issued VISA purchasing cards (P-cards) for most of the current users due to preliminary findings from special investigators, Bowers and Hyde. According to an article in CrossroadsNews.com, ICEO May received a preliminary summary by the investigators outlining examples of dubious expenses charges to the county with no apparent direct benefit to county government and/or with no justification or explanation given. Some of the examples as follows:
• Improper use of tax exempt status;
• Purchases of unauthorized items, as outlined in the current policy;
• Splitting purchases to circumvent the county’s $1,000 per transaction limit;
• International airline tickets;
• Dance lessons;
• Personal membership dues paid to various non-mandatory bar associations and other private organizations;
• Self-aggrandizing “donations” made to non-profits and charities;
• Purchases of unauthorized computers and related items.
On August 5th, Bowers and Hyde delivered an investigative update to ICEO Lee May and the DeKalb Board of Commissioners. In the letter, Investigators say they conducted scores of interviews and looked at several hundred thousand documents, including over 40 thousand individual P-card transactions. They stated the extent of P-Card abuse and misuse is astounding. The Special Investigators made note of several improper expenditures which include:
• Employees spent public funds on a cruise to the Bahamas, flower arrangements, a live guitar player, a Christmas tree and a dry cleaning bill for a judge’s robe, according to the investigators.
• The county awarded sole-source contracts despite there being many other qualified vendors available to perform the same work, at a much lower cost to the county.
• Taxpayer funds were routinely used to buy liquor, catered meals, candy, popcorn and pretzels filled with peanut butter for elected officials, department heads and staff members. The county’s own internal auditors have reported this improper spending over the years.
• A high-level official wrecked a county-owned vehicle, causing substantial damage, and then failed to follow proper procedure for reporting the accident.
• In one case, taxpayers paid the impound fee for a county-owned vehicle after an employee was arrested for DUI. The employee resigned and then was rehired after pleading guilty. The public has also paid for traffic fines and toll road penalties.
• Thefts of county property have been covered-up and mishandled. In one case the police were not notified and the thief still draws a paycheck from the county.
• In the last few days, they have found what appears to be a bribery scheme involving a major county department.
According to the AJC, Commissioner Nancy Jester says “things are very bad in DeKalb County; this is not a perception problem. This is a real problem.” Commissioner Jester says the findings are shocking. She says people need to be held accountable. “We need to hold people’s feet to the fire on this. Taxpayers are harmed and we won’t stop wasting money until we root out this corruption.”
ICEO Lee May’s Response to Bowers and Hyde’s Letter
“I wholeheartedly disagree with the opinion that DeKalb County is rotten to the core. The overwhelming majority of DeKalb County employees are honest, decent, hard-working, and committed to public service.
We were aware of the underlying issues mentioned in Mr. Bowers’ letter. That is why we hired him to conduct a comprehensive review of county government operations to identify corruption, fraud, criminal activity, conflicts of interest, or abuse; with a report in 120 days.
The 120 days has come and gone, and it appears the only thing we have to show for it is a 2-page letter full of salacious – but vague – innuendo.
I was informed by Mr. Bowers today that a detailed report will be issued in 3 weeks that will provide me with a road map to reduce our risk exposure to waste, fraud and abuse.”
Interim CEO, DeKalb County Government
UNHAPPY TAXPAYER AND VOTER
FOR IMMEDIATE RELEASE:
July 1, 2015
Contact Person: Viola Davis 770-256-0034
Press Release on Burrell Ellis Conviction:
We have a long history of working with people who believe in Burrell Ellis’ innocence on one hand, and his quilt on another. However, we live in a country where everyone is “innocent” until proven guilty.
Today, twelve women and men on the jury have spoken to say that Burrell Ellis is guilty of extortion (correction: attempted extortion) and perjury. We respect the jury’s decision.
We continue to demand full RICO investigations and criminal forensic audits to restore the public’s trust, transparency, ethics and accountability in DeKalb County government to include:
2. Purchasing and Contracting
3. Local Small Business Enterprise (LSBE) program
4. Neighborhood Stabilization Program (NSP)
5. Public Works
6. IT and IS
7. Members and staff of the DeKalb County governing authority
Until we place restoring public trust as a top priority, DeKalb County will struggle to heal from corruption.
Government Watchdog Files Complaint with Attorney General of Georgia Due To DeKalb County’s Refusal to Open Records Request
TO: SAM OLENS, ATTORNEY GENERAL OF GEORGIA
FROM: VIOLA DAVIS WITH UNHAPPY TAXPAYER & VOTER
SUBJECT: GOVERNMENT WATCHDOG FILES COMPLAINT WITH ATTORNEY GENERAL OF GEORGIA DUE TO DEKALB COUNTY’S REFUSAL TO ANSWER OPEN RECORDS REQUEST
DATE: MAY 19, 2015
CC: ICEO LEE MAY, DEKALB BOARD OF COMMISSIONERS, RESTORE DEKALB, GEORGIA WATCHDOGS, DEKALB COUNTY WATCHDOGS AND ALL APPROPRIATE PARTIES
Government Watchdog Files Complaint with Attorney General of Georgia Due To DeKalb County’s Refusal to Answer Open Records Request
I, Viola Davis, Founder of Unhappy Taxpayer & Voter, submitted a summary of the Open Records Requests denied and/or partially answered by DeKalb County Government to Burke Brennan, DeKalb County Press Secretary, on March 27, 2015. I also informed Interim CEO Lee May and DeKalb County Board of Commissioners of the denied requests.
The prior summary was directed to Burke Brennan per his request. The method in which our Open Records Requests were handled demonstrates a disparity and unequal treatment when private citizens and watchdog organizations submit requests to DeKalb County. However, Burke Brennan delivered four discs to me during a Board of Commissioner’s meeting to answer the request for Kelvin Walton’s emails from January 1, 2010 to the last day of Walton’s employment. Unfortunately, the four discs neglected to answer the following requests:
1. The original Open Records Request made October 8, 2014 to John Matelski, Chief Information Officer, and Barbara Sanders.
2. January 29, 2015 – We sent an email voicing our concern that our Open Records Request was over 3 months old. Michelle Vernon stated they were working on the federal subpoena. We reminded the department that we corrected our Open Records Request a long time ago to extend the dates to the last day Kelvin Walton worked for DeKalb County, or had access to DeKalb County records.
3. The four discs did not include all of Kelvin Walton’s emails for 2013 and 2014.
4. The four discs included emails for 2015 sent to Walton’s email, after Kelvin Walton left employment with DeKalb County.
5. The fact that the county kept Walton’s email account open after he left employment with DeKalb County needs to be investigated.
6. Why did the county purposely refuse to provide Kelvin Walton’s 2013 and 2014 emails to our watchdog ministry? However, they gave us emails dated 2015.
We request the Attorney General of Georgia, Sam Olens, investigate DeKalb County’s negligence and total disregard to adhering to the Georgia Open Records law and the pattern of behavior that “thumbs its nose” at private citizens and watchdog organizations. We plan to file a complaint with Attorney Georgia Sam Olens to hold DeKalb County accountable and restore public trust.
Statement from Get the Cell Out – Atl: Congratulations to everyone involved in every community who helped bring this subject to the forefront of their conversations and who held their elected officials accountable for their actions. And thank you to every person involved in this fight and similar battles taking place across the country. Your willingness to put yourself on the line in order to learn the truth and face skeptics should be an inspiration to others. We would never been able to stand up to the “system” here if there were not success stories of others who had faced the same Goliath, and won their battle before ours.
We appreciate Commissioner Rader and the entire DeKalb County Board of Commissioners for stepping up and taking on this fight against T Mobile while upholding the zoning code in our communities.
Regardless of any bad publicity you may have heard about our county commissioners,
they at least did the right thing for the communities they serve when they all signed a
letter to the CEO’s office, advising that any attempt to gain an “administrative permit”
instead of using the proper channels should be denied and our county’s zoning ordinances
should be upheld.
If you have not educated yourself about the many adverse effects that have been documented about cell phone towers, please look over the many sources available on our website or email us with questions. A good source of information can also be found at the Center for Safer Wireless – http://thecenterforsaferwireless.us.
We also encourage everyone to thoroughly read the new zoning ordinance as suggested by Commissioner Rader and voice any feedback to the county commissioners and CEO’s office as soon as possible.
Federal Judge Backs DeKalb on Denying Cell Tower Permits
In 2011, T-Mobile and the DeKalb Board of Education proposed to build cell towers on 11 school properties located in residential areas. Many citizens and parents organizations were concerned and asked DeKalb County to act. At the urging of Commissioner Kathie Gannon, the DeKalb Board of Commissioners wrote then CEO Ellis and asked that the administration refuse to issue building permits because the tower locations, while on school properties, are zoned residential, which does not permit cell phone towers. The cell tower company and the DeKalb School Board challenged the right of County government to enforce its zoning code on school properties. Recently Federal District Judge Thrash ruled that the County acted properly in refusing to issue the building permits.
“I’m pleased with the Federal Court ruling and that DeKalb enforced this protection of our neighborhoods,” said Gannon. “The cell towers will not be built on the school properties.”
The Commissioner can be reached: http://www.kathiegannon.com or email email@example.com.
Cell-phone Tower Update
One of the most pervasive signs of our mobile communications society is the proliferation of cell phone towers across the landscape. In DeKalb, the mobile communications revolution occurred after the widespread development of the landscape, so the infill installation of these structures has been perceived as intrusive in many residential neighborhoods. One recent decision and one pending regulation are relevant and noteworthy.
The recent noteworthy decision is the dismissal of a suit against DeKalb County by T-Mobile, a cellular provider. T-Mobile had sued DeKalb seeking a building permit for structures on two DeKalb County School System (DCSS) properties in District 2: Lakeside High School and Margaret Harris Comprehensive School. T Mobile had entered into a contract with DCSS seeking to invoke DCSS’s exemption from zoning regulation to erect the towers in residential districts where they are otherwise prohibited. Encouraged by the DeKalb Board of Commissioners, the DeKalb County Administration declined to recognize the requested permits as exempt from zoning since the cell towers were not educational facilities. T-Mobile sued, but canceled their contract with DCSS after the Federal Courts ruled in favor of DeKalb. T-Mobile also paid DeKalb County court costs incurred in our defense.
The decision is important because it helps limit exemptions to zoning laws intended to protect neighborhoods from incompatible development. Governments (Federal, State, Local and Public Schools) retain this important prerogative, but it should only be exercised to directly advance their public mission, not simply to generate revenue.
The pending decision on the regulation of cell towers is in our new zoning ordinance, which will soon be considered by the Board of Commissioners. After considerable public input and a thorough investigation of relevant federal legislation, the current proposal would allow cellular antennas within or attached to nonresidential structures legally permitted in single-family neighborhoods. These would include houses of worship or other institutions that are legally permitted to be of sufficient height to make a cellular antenna attractive to a carrier. The new proposal would not allow the cell towers that were the object of the T-Mobile controversy.
The proposed policy turns on the inherent incompatibility of a free-standing antenna with a surrounding single family neighborhood, and not on the concerns that some citizens have about the radio waves generated by the antenna. This is important because federal communications regulations prohibit local regulation of cellular antennas based on radio wave concerns. We convened citizen stakeholders interested in this issue recently, who made suggestion on refining the policy for adoption. The new zoning ordinance can be found online at http://planningdekalb.net/wp-content/uploads/2015/01/finalDraftZoningCodeJan20151.pdf
The Commissioner can be reached at: http://www.commissionerrader.com or email, firstname.lastname@example.org.
For Immediate Release
December 18, 2014
Fact Sheet: Task Force on 21st Century Policing
Today the President will sign an Executive Order to create the Task Force on 21st Century Policing and announce its members. The Task Force is part of the Administration’s efforts to strengthen community policing and strengthen trust among law enforcement officers and the communities they serve. The Task Force will be chaired by Philadelphia Police Commissioner Charles H. Ramsey, who also serves as President of the Major Cities Chiefs Police Association, and Laurie Robinson, professor of Criminology, Law and Society at George Mason University and former Assistant Attorney General for DOJ’s Office of Justice Programs.
The Task Force will include law enforcement representatives, community leaders, academics, and youth leaders. Ron Davis, Director of DOJ’s Community Oriented Policing Services (COPS) Office will serve as the Executive Director of the Task Force under the direction of the co-chairs. The Task Force will examine, among other issues, how to strengthen public trust and foster strong relationships between local law enforcement and the communities that they protect, while also promoting effective crime reduction. The Executive Order directs the Task Force to prepare a report and recommendations to be presented to the President. An initial report will be due to the President in March.
The taskforce will engage with Federal, State, tribal, local officials, technical advisors, young leaders, and nongovernmental organizations through meetings and 21st century technology to provide a transparent process to engage with the public. The Task Force will convene listening sessions where they will hear testimony, including proposed recommendations for consideration, from invited witnesses and also receive comments and questions from the public. The first session will be held in Washington D.C. in mid-January. Subsequent listening sessions and additional outreach details, including the online public comment process, is forthcoming.
Recent events in Ferguson, Staten Island, Cleveland, and around the country have highlighted the importance of strong, collaborative relationships between local police and the communities they protect. As the nation has observed, trust between law enforcement agencies and the people they protect and serve is essential to the stability of our communities, the integrity of our criminal justice system, and the safe and effective delivery of policing services.
Task Force members include:
Dr. Cedric L. Alexander
Cedric L. Alexander, Appointee for Member, President’s Task Force on 21st Century Policing
Cedric L. Alexander is the Deputy Chief Operating Officer for Public Safety in DeKalb County, Georgia, a position he has held since late 2013. Dr. Alexander is also the National President of the National Organization of Black Law Enforcement Executives. In 2013, he served as Chief of Police for the DeKalb County Police Department. Prior to this, Dr. Alexander served as Federal Security Director for the Transportation Security Administration (TSA) at Dallas/Fort Worth International Airport from 2007 to 2013, and from 2006 to 2007, he was Deputy Commissioner of the New York State Division of Criminal Justice Services. From 2005 to 2006, Dr. Alexander was Chief of the Rochester Police Department (RPD) in Rochester, New York, where he previously served as Deputy Chief of Police from 2002 to 2005. Before joining RPD, Dr. Alexander was a faculty member in the Department of Psychiatry at the University of Rochester Medical Center from 1998 to 2002. He began his career as a Deputy Sheriff in Florida from 1977 to 1981, before joining the Miami-Dade Police Department, where he was as an Officer and Detective from 1981 to 1992. He received a B.A. and M.S. from St. Thomas University in Miami, Florida, and a Psy.D. from Wright State University.
Charles Ramsey, Appointee for Member and Co-Chair, President’s Task Force on 21st Century Policing
Charles Ramsey is the Commissioner of the Philadelphia Police Department (PPD), a position he has held since 2008. Since 2010, he has served as President of the Major Cities Chiefs Association and the Police Executive Research Forum. Commissioner Ramsey began his law enforcement career in 1968 as a cadet with the Chicago Police Department (CPD). Over the next thirty years, he held various positions with CPD, including Commander of the Narcotics Division, Deputy Chief of the Patrol Division, and Deputy Superintendent, a role he held from 1994 to 1998. In 1998, he was named Chief of the Metropolitan Police Department of the District of Columbia (MPDC), where he served until early 2007. In 2007, Commissioner Ramsey served on the Independent Commission on Security Forces of Iraq, leading a review of the Iraqi Police Force. In addition to his current role at PPD, he also serves as a member of the Homeland Security Advisory Council. Commissioner Ramsey received a B.S. and M.S. from Lewis University.
Laurie Robinson, Appointee for Member and Co-Chair, President’s Task Force on 21st Century Policing
Laurie Robinson is the Clarence J. Robinson Professor of Criminology, Law and Society at George Mason University, a position she has held since 2012. She served as Assistant Attorney General for the Office of Justice Programs (OJP) in the U.S. Department of Justice from 2009 to 2012. Prior to that, Ms. Robinson served as the Principal Deputy Assistant Attorney General for OJP and Acting Assistant Attorney General for OJP. Previously, she was a member of the Obama-Biden Transition Team. From 2003 to 2009, Ms. Robinson was the Director of the Master of Science Program in Criminology at the University of Pennsylvania. From 1993 to 2000, she served her first term as the Assistant Attorney General for OJP. Before joining DOJ, Ms. Robinson spent over twenty years with the American Bar Association, serving as Assistant Staff Director of the Criminal Justice Section from 1972 to 1979, Director of their Criminal Justice Section from 1979 to 1993, and as Director of the Professional Services Division from 1986 to 1993. She is a Senior Fellow at the George Mason University Center for Evidence-Based Crime Policy, and serves as co-chair of the Research Advisory Committee for the International Association of Chiefs of Police. She also serves on the Board of Trustees of the Vera Institute of Justice. Ms. Robinson received a B.A. from Brown University.
Jose Lopez, Appointee for Member, President’s Task Force on 21st Century Policing
Jose Lopez is currently the Lead Organizer at Make the Road New York (MRNY), a Brooklyn-based non-profit community organization focused on civil rights, education reform, and combating poverty. He became Lead Organizer of MRNY in 2013. Mr. Lopez began his career in 2000 as Youth Organizer with Make the Road by Walking, which later merged with the Latin American Integration Center to form MRNY in 2007. He continued to serve as Youth Organizer with MRNY until 2009, when he became Senior Organizer. Since 2011, Mr. Lopez has represented MRNY on the steering committee of Communities United for Police Reform, a New York City organization advocating for law enforcement reform. From 2001 to 2004, he was an active contributor to the Radio Rookies Project, an initiative of New York Public Radio. He received a B.A. from Hofstra University.
Bryan Stevenson, Appointee for Member, President’s Task Force on 21st Century Policing
Bryan Stevenson is Founder and Executive Director of the Equal Justice Initiative (EJI), a private, non-profit organization headquartered in Montgomery, Alabama. In addition to directing the EJI since 1989, he is a Clinical Professor at New York University School of Law. He previously has served as a visiting professor of law at the University of Michigan School of Law. Mr. Stevenson has received the American Bar Association’s Wisdom Award for public service, the ACLU’s National Medal of Liberty, and the MacArthur Foundation “Genius” Award Prize. Mr. Stevenson received a B.A. from Eastern College (now Eastern University), a J.D. from Harvard Law School, and an M.P.P. from the John F. Kennedy School of Government at Harvard University.
Brittany Packnett, Appointee for Member, President’s Task Force on 21st Century Policing
Brittany Packnett is currently Executive Director of Teach For America in St. Louis, Missouri, a position she has held since 2012. From 2010 to 2012, she was a director on the Government Affairs Team at Teach for America. Ms. Packnett was a Legislative Assistant for the United States House of Representatives from 2009 to 2010. From 2007 to 2009, she was a third grade teacher in Southeast Washington, D.C., as a member of the Teach For America Corps. Ms. Packnett has volunteered as Executive Director of Dream Girls DMV, a mentoring program for young girls, and was the founding co-chair of The Collective-DC, a regional organization for Teach For America alumni of color. She currently serves on the boards of New City School, the COCA Associate Board, the Urban League of Metro St. Louis Education Committee, and the John Burroughs School Board Diversity Committee. Ms. Packnett received a B.A. from Washington University in St. Louis and an M.A. from American University.
Susan Rahr, Appointee for Member, President’s Task Force on 21st Century Policing
Susan Rahr is Executive Director of the Washington State Criminal Justice Training Commission, a position she has held since 2012. From 2005 to 2012, she served as the first female Sheriff in King County, Washington. Ms. Rahr spent over thirty years as a law enforcement officer, beginning as a patrol officer and undercover narcotics officer. While serving with the King County Sheriff’s Office, she held various positions including serving as the commander of the Internal Investigations and Gang Units, commander of the Special Investigations Section, and Police Chief of Shoreline, Washington. Ms. Rahr received a B.A. from Washington State University.
Tracey Meares, Appointee for Member, President’s Task Force on 21st Century Policing
Tracey Meares is the Walton Hale Hamilton Professor of Law at Yale Law School, a position she has held since 2007. From 2009 to 2011, she also served as Deputy Dean of Yale Law School. Before joining the faculty as Yale, she served as a professor at The University of Chicago Law School from 1995 to 2007. She has served on the Committee on Law and Justice, a National Research Council Standing Committee of the National Academy of Sciences. She was appointed by Attorney General Holder to serve on the inaugural Department of Justice Office of Justice Programs Science Advisory Board. She also currently serves on the Board of Directors of the Joyce Foundation. Ms. Meares began her legal career as a law clerk for Judge Harlington Wood, Jr. of the U.S. Court of Appeals for the Seventh Circuit. She later served as a trial attorney in the Antitrust Division at the Department of Justice. Ms. Meares received a B.S. from the University of Illinois and a J.D. from The University of Chicago Law School.
Constance Rice, Appointee for Member, President’s Task Force on 21st Century Policing
Constance Rice is a civil rights attorney and Co-Director of the Advancement Project, an organization she co-founded in 1999. In 2003, Ms. Rice was selected to lead the Blue Ribbon Rampart Review Panel, which investigated the largest police corruption scandal in Los Angeles Police Department history. In 1991, Ms. Rice joined the NAACP Legal Defense and Educational Fund, and in 1996, she became Co-Director of the Los Angeles office. She was previously an associate at Morrison & Foerster, and began her legal career as a law clerk to Judge Damon J. Keith of the United States Court of Appeals for the Sixth Circuit. Ms. Rice received a B.A. from Harvard College and a J.D. from New York University School of Law.
Roberto Villaseñor, Appointee for Member, President’s Task Force on 21st Century Policing
Roberto Villaseñor is Chief of Police for the Tucson Police Department (the TPD), a position he has held since 2009. He joined the TPD in 1980, and has served as Officer, Sergeant, Lieutenant, Captain, and as Assistant Chief from 2000 to 2009. Chief Villaseñor was named Officer of the Year for the TPD in 1996, and has been awarded the TPD Medal of Merit three times. He also received the TPD Medal of Distinguished Service. Chief Villaseñor is the incoming President of the Arizona Association of Chiefs of Police and a Board Member of the Police Executive Research Forum (PERF). He received a B.S. from Park University and an M.Ed. from Northern Arizona University.
Sean Smoot, Appointee for Member, President’s Task Force on 21st Century Policing
Sean Smoot is currently Director and Chief Counsel for the Police Benevolent & Protective Association of Illinois (PB&PA) and the Police Benevolent Labor Committee (PBLC), positions he has held since 2000. He began his career with PB&PA and PBLC as a Staff Attorney in 1995, before becoming Chief Counsel of both organizations in 1997. Since 2001, Mr. Smoot has served as the Treasurer of the National Association of Police Organizations, and has served on the Advisory Committee for the National Law Enforcement Officers’ Rights Center since 1996. From 2008 to 2009, he was a policy advisor to the Obama-Biden Transition Project on public safety and state and local police issues, and was a Member of the National Institute of Justice and Harvard Kennedy School of Government Executive Session on Policing and Public Safety from 2008 to 2011. Mr. Smoot served as Police Commissioner of Leland Grove, Illinois from 1998 to 2008. He received a B.S from Illinois State University and a J.D. from Southern Illinois University School of Law.
Audit: DeKalb used inflated crime stats to secure federal grants
By Christian Boone
The Atlanta Journal-Constitution
Wednesday, Oct. 29, 2014
The statistics provided by DeKalb police to federal grant holders painted a portrait of a county besieged by crime, with more than 11,000 aggravated assaults reported in 2008 alone.
But according to a recent audit by the U.S. Inspector General, that was about 10,000 too many.
The government watchdog found the county also over-reported numbers in every additional crime category. Those stats helped secure more than $2.3 million — money which will likely have to be refunded.
“It was an egregious error,” said DeKalb Police Chief Cedric Alexander. “None of us here were in place, including the grant writer.”
The audit reviewed three grants from Community Oriented Policing Services totaling more than $4.5 million received by the county between July 2009 and September 2013. The money was to hire entry-level police officers and support efforts to reduce child endangerment, but the audit could not account for $783,186. Read the full article:
Mark Niesse and Johnny Edwards wrote an article titled, “Audit: Spending reports sloppy” on October 24, 2014 in the AJC newspaper. The front page article was an investigative piece, highlighting the results of a ten year audit of the Board of Commissioners, their office staff and the clerk’s office purchase card usage.
DeKalb County has been lax in its oversight of spending by elected commissioners, and some officials frequently paid for items on their government debit cards without submitting required receipts, according to an audit released Thursday.
The audit shows the seven commissioners used taxpayer funds to pay for everything from steakhouse dinners to speeding tickets…
The DeKalb commission submitted receipts for just 57% of the transactions. However, the Purchase Card (P-card) spending by commissioners includes (according to the AJC):
1. Elaine Boyer: $103,665 with 40 percent supported by receipts
Review the actual audit at: https://www.scribd.com/doc/244408986/DeKalb-County-P-Card-Audit-Commissioner-Elaine-Boyer
2. Jeff Rader: $34,606 with 77 percent supported by receipts
Review the actual audit at: https://www.scribd.com/doc/244409024/DeKalb-County-P-Card-Audit-Commissioner-Jeff-Rader
3. Larry Johnson: $78,757, with 97 percent supported by receipts
Review the actual audit at: https://www.scribd.com/doc/244409015/DeKalb-County-P-Card-Audit-Commissioner-Larry-Johnson
4. Sharon Barnes Sutton: $108,720, with 25 percent supported by receipts
Review the actual audit at: https://www.scribd.com/doc/244410962/DeKalb-County-P-Card-Audit-Commissioner-Sharon-Barnes-Sutton
5. Lee May: $57,283, with 39 percent supported by receipts
Review the actual audit at: https://www.scribd.com/doc/244408974/DeKalb-County-P-Card-Audit-Commissioner-Lee-May
6. Kathie Gannon: $26,327, with 97 percent supported by receipts
Review the actual audit at: https://www.scribd.com/doc/244409040/DeKalb-County-P-Card-Audit-Commissioner-Kathie-Gannon
7. Stan Watson: $57,937, with 78 percent supported by receipts
Review the actual audit at: https://www.scribd.com/doc/244408999/DeKalb-County-P-Card-Audit-Commissioner-Stan-Watson
The DeKalb County Purchase Card (P-Card) audit on the Central Office Administration and Clerks:
For the entire article, view the link : http://www.ajc.com/news/news/local-govt-politics/report-finds-loose-spending-by-dekalb-officials/nhqw7/
NOTE: Stay tuned for our take on this so-called audit. We have not done a complete review as of this date. However, a preliminary perusal of this report leave us with a lot of questions to be asked and answered.
TO: CHRIS CAMPBELL, SPECIAL AGENT WITH DEPARTMENT OF ENERGY
FROM: VIOLA DAVIS
SUBJECT: RESTORE PUBLIC TRUST MEMORANDUM TO THE FBI, GBI AND INSPECTOR GENERAL
DATE: OCTOBER 23, 2014
CC: U.S. ATTORNEY SALLY QUILLIAN YATES, CEO LEE MAY, DEKALB BOARD OF COMMISSIONERS, DISTRICT ATTORNEY ROBERT JAMES, JERALD DALTON, BARBARA SANDERS, RESTORE DEKALB AND ALL APPROPRIATE PARTIES
Restore Public Trust Memorandum to the FBI, GBI and Inspector General
By Viola Davis RN BSN
October 23, 2014
Four reasons DeKalb County vendors/contractors request expansion of the investigation by the FBI, GBI and Inspector General into Purchasing and Contracting, Public Works, IT and Watershed.
I, Viola Davis, with Unhappy Taxpayer & Voter, submitted a 2nd 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 Executive Assistant/Secretary to CEO Burrell Ellis, and former Project Manager in the Watershed Department.
With the support of Restore DeKalb, we presented evidenced in a Restore Public Trust Ethics Complaint, Amendment I, that provided evidence and testimony of sworn statements by both Kelvin Walton and Nina Hall of lying to a special grand jury, taking money and/or service for personal gain, and engaging in alleged public corruption in purchasing and contracting within a DeKalb County government department. We have submitted over 420 pages of written documentation to justify Kelvin Walton and Nina Hall’s removal from the taxpayers and voters payroll.
DeKalb County has recently reorganized the Purchasing and Contracting Department that has allegedly caused ten people, thus far, to lose their jobs. Yet, the taxpayers and voters financed the salaries of Kelvin Walton and Nina Hall until October 7, 2014. Why?
It’s time for us to come to the reality that this local government has been in a crisis for far too long. As a watchdog group, we have complained for years about a “cloud of corruption” that gives DeKalb County a bad reputation as well as a black eye hindering economic development and decreasing public trust.
How can DeKalb County reorganize and cause ten people to lose their job while forcing the taxpayers and voters by continuing to pay two employees that clearly engaged in alleged illegal activity? Why did Interim CEO Lee May continue to keep Kelvin Walton and Nina Hall suspended “with pay” after such conclusive evidence and written documentation existed?
We need a full forensic audit to expose the “true” financial picture, shortfalls, and alleged criminal activity within the Watershed and Public Works Department. We need a full forensic audit of the IT and Purchasing and Contracting Department. We need an answer to the question, “Is there any criminal activity that should be prosecuted”?
Vendors and Contractors have requested a full criminal investigation by the Federal Bureau of Investigation and Inspector General (under RICO) into alleged criminal activity to include:
I. Hopie Strickland’s complaint to the Inspector General:
Bid-rigging (See Exhibit A)
False Documentation (evidenced of fraudulent checks – See Exhibit B, Part 1, Part 2, and Part 3)
Violation of the False Claims Act – (See Exhibit C)
Fraud – (See Exhibit D)
Kickback, Up-Charging and over-billing – (See Exhibit E)
Tax Fraud – (See Exhibit F)
II. Complaints from Vendors/Contractors alleging criminal activity:
A majority of the documentation above involves a vendor named, Hopie Strickland. DeKalb County staff members were present and/or involved during a majority of the meetings detailing complaints of alleged criminal activity.
However through an Open Records Request, we have identified additional vendors and complaints alleging violation of policy and procedure, violation of the LSBE Ordinance and alleged criminal activity to include:
1. R. Harris requested assistance from Purchasing and Contracting:
a. Complaint of Pass through
b. Disagreement with practice of co-signing checks to another company
c. Complaint of fraud
2. M. Mikell’s letter to Purchasing and Contracting:
a. In March 2010, the DeKalb County Auditor questioned Mikell concerning payments
b. Felton Williams and Sharon Walker were contacted by M. Mikell; however, no follow up on concerns
c. Complaint of fraudulent acts
d. Complaint of major “cover up” by DeKalb County staff
e. Requests and concerns have fallen on “deaf ears”
f. Complaint of unethical behavior and alleged fraudulent schemes/tactics
3. Email from A. Jones to Park and Recreation Department/ Purchasing and Contracting:
a. Complaint of alleged illegal activity involving single bid process
b. Purchasing Department and Parks and Recreation Department set out to target a specific entity which is illegal in itself
c. Complaint that the business did not exist at the time of the RFP
III. The 2012 Special Purpose Grand Jury strongly recommended the District Attorney criminally investigate over 10 people in addition to Burrell Ellis:
A Special Purpose Grand Jury was impaneled on January 20, 2012 pursuant to O.C.G.A 15-12-100 to investigate the facts and circumstances surrounding the bidding, awarding and management of contracts in the DeKalb County Department of Watershed Management during the period of January 1, 2002 through December 31, 2010.
The special grand jury’s final report and presentment of its yearlong investigation into alleged corruption in county watershed department stemming back to the beginning of former CEO Vernon Jones’ administration strongly recommended the District Attorney criminally investigate the following individuals for possible indictment in addition to Burrell Ellis to include:
A. William “Wiz” Miller – Obstructing a criminal investigation.
B. Jabari Simama – Manipulation of selection committee process, perjury and bid-rigging.
C. Roy Barnes – Bid-rigging, kickbacks and perjury.
D. Hadi Haeri – Theft, false writings, perjury and bid-rigging.
E. Nadine Maghsoudlou – Theft, false writing, perjury and bid-rigging.
F. Vernon Jones – Bid-rigging and theft.
G. Paul Champion – Manipulation of the ITB process, false writings, theft and perjury.
H. Kevin Ross – Interference with government operations, manipulation of the RFP/ITB process and bid-rigging.
I. Jeffrey Walker – Theft, bid-rigging and perjury.
J. Christian Vann – False writings
K. John Willis and possibly, other individuals with Brown and Caldwell – theft, bid-rigging and perjury.
We need the FBI, GBI and/or Inspector General to expand their investigation to include the people mentioned in the special grand jury report if District Attorney Robert James continues to place his focus on Burrell Ellis instead of the ten people recommended for investigation and possible indictment.
IV. It is alleged that a Commissioner’s personal property was repaired with taxpayers’ money:
We were approached by several people alleging a DeKalb County Commissioner’s personal property was repaired with taxpayers’ money. Upon receiving the complaint, we submitted Open Records Request to obtain documentation to support the complaint. We spent over two weeks trying to get our Open Records Request answered. However, we would often experience excuses and one mistake after another that limited the information we received. Due to the number of mistakes (intentional or unintentional), we have reason to believe there are some validity to the allegations. We were given permission by one of the people making the allegation to forward the complaint to the FBI and Inspector General. We were informed the initial complaint was made to the District Attorney’s officer; however, no actions were ever taken against the Commissioner in question.
Until we place restoring public trust as a top priority, taxpayers, property owners, homeowners and business owners recommend the Board of Commissioners, those that remain, to immediately demonstrate the value they place in restoring public trust in our local government by enacting the following changes:
• Establish and fund an Internal Auditor.
• Creation of a new anti-corruption unit within the DeKalb Police Department, in concert with the FBI and GBI.
• Support the Board of Ethics and maintain its independence.
We are asking the FBI, GBI and Inspector General to demonstrate the value they place in restoring public trust in our local government by expanding their investigation to include Kelvin Walton and Nina Hall as well as staff persons in the Purchasing and Contracting Department, Public Works Department, IT and Watershed.
There are many DeKalb County taxpayers and voters that value restoring public trust and removing this “Cloud of Corruption”. We need the law enforcement agencies to take immediate action to restore public trust by removing this “cloud of corruption”.
Should CEO Lee May continue to refuse to enact a forensic audit of Purchasing and Contracting, Public Works, IT and Watershed, we respectfully request that the FBI, GBI and Inspector General exercise its given power to expand its investigation to include these department as well as Kelvin Walton and Nina Hall, based on our presentments to the Board of Ethics, such as:
Restore Public Trust Ethics Complaint – Original
1st amendment – Restore Public Trust Ethics Complaint
2nd amendment – Restore Public Trust Ethics Complaint
We strive to present enough documentation and evidence to have this case classified as a RICO case.
DEKALB COUNTY, Ga. (WXIA) – She admittedly stole thousands of taxpayer dollars, and now she’s hitting them up for more money.
Former DeKalb County Commissioner Elaine Boyer has applied to get her full pension from the county – and has been approved.
“It’s outrageous,” said Restore DeKalb member Joel Edwards. “It just doesn’t make any sense at all.”
Edwards says the county watchdog group is needed now more than ever
“It’s disbelief,” he said. “They can’t believe it.”
Edwards and other members of the group are outraged to learn that after Boyer admitted to stealing money from the county, she’s now asking for more of it in the form of a pension.
“A lot of people have come to me and voiced their concerns about the elected leaders in this county in disbelief,” Edwards said.
Link for the video and article:
Please read the AJC article by Johnny Edwards below:
Ex-DeKalb commissioner Boyer will get full pension benefits
By Johnny Edwards
The Atlanta Journal-Constitution
October 15, 2014
After apologizing to DeKalb County taxpayers for fleecing them through fraud schemes, ex-commissioner Elaine Boyer hit them up for more money.
Boyer has applied for her county retirement payments, and DeKalb’s pension board will grant her full benefits. That means the crooked former politician, who is 58, will collect tens of thousands of dollars a year for the rest of her life. The county could even be paying her while she’s in prison.
Under Georgia law, public officials and employees convicted of crimes related to their duties should have their benefits reduced by three times the economic impact of their misdeeds, which would have Boyer giving up nearly $300,000. But DeKalb’s attorneys determined she falls in a legal loophole.
So Boyer will get about $23,000 per year, starting with a check early next month for more than $3,800 to cover October and November….
Taxpayers are losing big on the deal, said Viola Davis, a south DeKalb resident who leads the DeKalb Unhappy Taxpayer and Voter group. Even if Boyer pays restitution, it would likely cover only the purchasing card and kickback schemes uncovered by the FBI, not what might turn up in an exhaustive audit of the past decade of Boyer’s spending.
Also vexing, Davis said, is that taxpayers might be making pension payments to former employees implicated, but not charged, in the investigation that led to suspended CEO Burrell Ellis’ prosecution. A jury is deliberating whether he illegally strong-armed vendors into giving him campaign donations. Former purchasing chief Kelvin Walton, the star witness against Ellis and an admitted liar, is reportedly under federal investigation on allegations of receiving cash payments from a sewer contractor.
“Believe me, I’ve run into people who are just totally disgusted with the whole way this process is working out,” Davis said. “I mean, we’re going to be paying them, despite all the wrong they’ve done.”
Read the entire article at the following link: