Housing

Convicted Commissioner wants her pension

Elaine_Boyer_logo
Convicted Commissioner wants her pension
By Catie Beck, WXIA-TV
October 16, 2014

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:

elaine boyer logo 2

http://www.11alive.com/story/news/local/2014/10/16/convicted-commissioner-wants-her-pension/17384593/

elaine boyer logo 2

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:
http://www.ajc.com/news/news/crime-law/ex-dekalb-commissioner-boyer-will-get-full-pension/nhj2k/

Restore Public Trust Ethics Complaint: Amendment II with Exhibits A, B, C, D, E and F

kelvin walton and nina hall pic
Restore Public Trust Ethics Complaint: Amendment II with Exhibits A, B, C, D, E and F
By Viola Davis RN BSN

October 13, 2014

The ten reasons DeKalb County vendors/contractors demand Kelvin Walton and Nina Hall be fired

I, Viola Davis, with Unhappy Taxpayer & Voter, submit this 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. To date, we have submitted over 350 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 continue to finance the salaries of Kelvin Walton and Nina Hall. Why?

It’s time for us to come to the reality that our 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.

Now we are faced with the serious issue of having local politicians indicted for illegal activity and violation of their oaths of office. Yet, a few politicians continue with the same excuses that interfere with the quality of life our community deserves. Our county employees, police and firemen have gone over five years without raises or even a cost of living increase until this last budget year. When will the crisis end? When will a high quality of life and increased public trust begin?

The title of an article, “Ten Reasons DeKalb Vendors Demand Kelvin Walton and Nina Hall Be Fired”, was written to educate the public on facts they may not be aware of and to apply “heat” to Interim Chief Executive Officer Lee May to take action and fire two employees who have clearly engaged in alleged criminal activity. The reasons stated in the article to fire Kelvin Walton and Nina Hall include:

1. Kelvin Walton funneled cash from vendors to a county employee who served on approximately fifteen selection committees for DeKalb County projects. The employee’s name is Nina Hall, formerly the executive assistant/secretary to CEO Burrell Ellis.

2. Kelvin Walton headed a department that practiced out-of-control nepotism and cronyism that fueled alleged criminal activity. Kelvin Walton and Nina Hall violated their job descriptions. Yet, Interim CEO Lee May suspended Kelvin Walton and Nina Hall with pay at a combined taxpayers’ payroll cost of approximately $228,800.
Kelvin Walton’s job description violations include:

One – Reviews procurement activities/documents for compliance with establishing purchasing procedures, federal, state, and local laws. Kelvin Walton violated the established policy and procedure of Purchasing and Contracting and placed the taxpayers and voters of DeKalb County at risk for litigation.
Two – Develops and maintains good business relationships with vendors’ personnel through professional, impartial, and objective dealings with all suppliers, including problem resolution. Hopie Strickland and Alessandro Salvo were denied a fair hearing to resolve their problems that identified alleged criminal activity.
Three – Directs the Contract Compliance division to ensure efforts are being made to foster economic growth of M/WBE/LSBEs by developing First Tier and Second Tier purchasing opportunities. The alleged criminal activity adversely affected the minority companies and forced many to engage in activity that violated the policy, procedure, and LSBE ordinance.
Four – Manages the Invitation to Bid and Request for Proposal process for the county. Kelvin Walton’s alleged criminal activity made a mockery of the bid process.
Five – Mediates disputes between end users and supplies, when necessary. Hopie Strickland and Alessandro Salvo were refused fair mediation.

Nina Hall’s job description violations include:

One – Plans and organizes special events, public hearings, and meetings. Nina Hall refused to plan a meeting between Hopie Strickland and CEO Burrell Ellis because she allegedly knew that Strickland made claims of bid-rigging, kickbacks, false checks, etc. Hall was not hired to serve on the selection committees which allegedly enabled Hall to carry out the will of Kelvin Walton in return for “kickback” funding.
Two – Responds to request for information from CEO and BOC and prepares reports containing findings and recommendation. Reports on problems within the Purchasing and Contracting Department were withheld from CEO Burrell Ellis.
Three – Drafts correspondence for approval of superiors (CEO, Executive Assistant/COO, BOC, etc.) necessary for responding to citizens inquires. Hopie Strickland, a DeKalb County vendor, went years with his complaints being ignored.
Four – Acts as liaison to citizen groups and special teams created to review special projects. Hopie Strickland was denied a meeting with CEO Burrell Ellis because of the close relationship and alleged criminal activity Kelvin Walton and Nina Hall managed to operate undetected.

3. Kelvin Walton and Nina Hall engaged in acts of alleged criminal activity that produced conflicts of interest.
Please view the following videos:

(1) DeKalb County News Sewer Project Corruption:

(2) Whistleblower against DeKalb employees believes he was targeted:

http://www.wsbtv.com/news/news/local/whistleblower-against-dekalb-employees-believes-he/nYyxx/

(3) DeKalb special grand jury recommends 12 for criminal investigation:

http://www.wsbtv.com/news/news/local/breaking-grand-jury-report-documents-alleged-corru/nZYYD/

(4) DeKalb Corruption witness discusses experience:

http://www.ajc.com/news/news/local/dekalb-corruption-witness-discusses-experience/nbdsZ/

http://www.ajc.com/videos/news/key-dekalb-county-corruption-witness-breaks/vCHKrz/

(5) DeKalb Corruption against LSBE Vendors:

4. Kelvin Walton, under oath, willfully lied multiple times during his May Special Purpose Grand Jury Testimony and Walton admitted under oath that he lied to the Grand Jury.

http://www.scribd.com/doc/229056323/State-vs-W-Burrell-Ellis-Supplement-to-Supplemental-Motion

5. Kelvin Walton and Nina Hall both refused to answer questions and pleaded the fifth, citing the self-incrimination rule. Kelvin Walton refused to answer 343 questions for fear of self-incrimination. Nina Hall refused to answer 30 questions for fear of self-incrimination.

http://www.wsbtv.com/news/news/local/dekalb-official-refuses-answer-343-questions-fear-/nfDKt/

http://link.brightcove.com/services/player/bcpid836881587001?bckey=AQ~~,AAAAFIvhljk~,Nz7UFI321EYoDFWhcIAZKj2ZX6ZuGWU-&bclid=1138058770001&bctid=3799988018001

http://www.ajc.com/news/news/government-employees-testify-against-dekalb-ceo-el/nhRtX/

6. Kelvin Walton assisted elected officials and high staff officials in engaging in alleged criminal activity causing an investigation which involves the FBI, US Attorney General, Department of Revenue and the Inspector General.

7. Nina Hall first denied ever receiving gifts or cash from vendors under oath. However, she eventually confessed to receiving cash from Kelvin Walton that allegedly came from Michael Hightower.

8. Kelvin Walton accepted a gift/service from a vendor of cash value without paying for the service.

9. Vendors and employees’ complaints that identified waste, mismanagement, alleged illegal activity by contractors and Kelvin Walton were ignored.

10. Board of Commissioners and DeKalb County staff members’ conflicts of interest that were a cause of action for major media investigations were incorrectly based on information and advice given by Kelvin Walton.

We are asking the Board of Ethics to send a message that we want the madness to end. The local government should focus on the needs of the public, provide a high quality of life, and restore public trust.

We are depending on the Board of Ethics to act and fire Kelvin Walton and Nina Hall if Interim CEO Lee May refuses to do his job by terminating them immediately from the taxpayers’ payroll.

How can DeKalb County reorganize and cause ten people to lose their job while forcing the taxpayers and voters to continue to pay two employees that have clearly engaged in alleged illegal activity? Why has Interim CEO Lee May continued to keep Kelvin Walton and Nina Hall suspended “with pay” after such conclusive evidence and written documentation exists?

We need a full forensic audit to expose the “true” financial picture and shortfalls of Watershed and Public Works Department. We need a full forensic audit of the 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 into alleged criminal activity to include:

Bid-rigging (See Exhibit A)

https://www.scribd.com/doc/242749171/Restore-Public-Trust-Ethics-Complaint-Amendment-II-Exhibit-A-Bid-rigging-and-or-Contract-Splitting?secret_password=VzdkrRvTkxBBqv56Ebt0

False Documentation (evidenced of fraudulent checks – See Exhibit B, Part 1, Part 2, and Part 3)

https://www.scribd.com/doc/242319513/Restore-Public-Trust-Ethics-Complaint-Amendment-II-False-Documentation-Evidenced-By-Fraudulent-Check-Exhibit-B-Part-1?secret_password=A0MVACzh8Jbeq09KIcwT

Part 2

Part 3

Violation of the False Claims Act – (See Exhibit C)

https://www.scribd.com/doc/242750407/Restore-Public-Trust-Ethics-Complaint-Amendment-II-Exhibit-C-D-E-and-F?secret_password=Es5GX59EJUy1wVKrzELZ
Fraud – (See Exhibit D)

https://www.scribd.com/doc/242750407/Restore-Public-Trust-Ethics-Complaint-Amendment-II-Exhibit-C-D-E-and-F?secret_password=Es5GX59EJUy1wVKrzELZ

Kickback, Up-Charging and over-billing – (See Exhibit E)

https://www.scribd.com/doc/242750407/Restore-Public-Trust-Ethics-Complaint-Amendment-II-Exhibit-C-D-E-and-F?secret_password=Es5GX59EJUy1wVKrzELZ

Tax Fraud – (See Exhibit F)

https://www.scribd.com/doc/242750407/Restore-Public-Trust-Ethics-Complaint-Amendment-II-Exhibit-C-D-E-and-F?secret_password=Es5GX59EJUy1wVKrzELZ

Until we place restoring public trust as a top priority, taxpayers, property owners, homeowners and business owners will have increased lack of trust in our local government. We are asking that the Board of Ethics 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 our Board of Ethics to demonstrate the value they place in restoring public trust in our local government by firing Kelvin Walton and Nina Hall if Interim CEO Lee May refuses to immediately do so as we have requested.

There are many DeKalb County taxpayers and voters that value restoring public trust and removing this “Cloud of Corruption”. We need the Board of Ethics to take immediate action to restore public thrust by removing this “cloud of corruption”.

Should CEO Lee May continue to employ Kelvin Walton and Nina Hall with pay, we respectfully request that the Board of Ethics exercise its given power to terminate 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

https://www.scribd.com/doc/242320633/Restore-Public-Trust-Ethics-Complaint-Amendment-II-Executive-Summary?secret_password=ffvecAKCeAvJWh2lRn4Q

Respectfully submitted,

Viola Davis
Community Missionary

Ten Reasons DeKalb Vendors Demand Kelvin Walton and Nina Hall Be Fired

kelvin walton and nina hall pic
Ten Reasons DeKalb Vendors Demand Kelvin Walton and Nina Hall Be Fired
By Viola Davis RN BSN
October 1, 2014

The ten reasons DeKalb County vendors demand Kelvin Walton and Nina Hall be fired

It’s time for us to come to the reality that our 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.

Now we are faced with the serious issue of having local politicians indicted for illegal activity and violation of their oaths of office. Yet, a few politicians continue with the same excuses that interfere with the quality of life our community deserves. Our county employees, police and firemen have gone over five years without raises or even a cost of living increase until this last budget year. When will the crisis end? When will a high quality of life and increased public trust begin?

The title of this article, “Ten Reasons DeKalb Vendors Demand Kelvin Walton and Nina Hall Be Fired”, strives to educate the public on facts they may not be aware of, and apply “heat” to Interim Chief Executive Officer Lee May to take action and fire two employees who have clearly engaged in alleged criminal activity. The reasons to fire Kelvin Walton and Nina Hall include:

1. Kelvin Walton funneled cash from vendors to a county employee who served on approximately fifteen selection committees for DeKalb County projects. The employee’s name is Nina Hall, formerly the executive assistant/secretary to CEO Burrell Ellis.

2. Kelvin Walton headed a department that practiced out-of-control nepotism and cronyism that fueled alleged criminal activity. Kelvin Walton and Nina Hall violated their job descriptions. Yet, Interim CEO Lee May suspended Kelvin Walton and Nina Hall with pay at a combined taxpayers’ payroll cost of approximately $228,800.

3. Kelvin Walton and Nina Hall engaged in acts of alleged criminal activity that produced conflicts of interest.

4. Kelvin Walton, under oath, willfully lied multiple times during his May Special Purpose Grand Jury Testimony and Walton admitted under oath that he lied to the Grand Jury.

5. Kelvin Walton and Nina Hall both refused to answer questions and pleaded the fifth, citing the self-incrimination rule. Kelvin Walton refused to answer 343 questions for fear of self-incrimination. Nina Hall refused to answer 30 questions for fear of self-incrimination.

6. Kelvin Walton assisted elected officials and high staff officials in engaging in alleged criminal activity causing an investigation which involves the FBI, US Attorney General, Department of Revenue and the Inspector General.

7. 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.

8. Kelvin Walton accepted a gift/service from a vendor of cash value without paying for the service.

9. Vendors and employees’ complaints that identified waste, mismanagement, alleged illegal activity by contractors and Kelvin Walton were ignored.

10. Board of Commissioners and DeKalb County staff members’ conflicts of interest that were a cause of action for major media investigations were incorrectly based on advice given by Kelvin Walton.

It’s time for DeKalb County taxpayers, homeowners and business owners to send a message that we want the madness to end. The local government should focus on the needs of the public, provide a high quality of life, and restore public trust.

We need a full forensic audit to expose the “true” financial picture and shortfalls of Watershed and Public Works. We need a full forensic audit of the 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 into alleged criminal activity to include:

• Bid-rigging
• False Documentation (evidenced by fraudulent checks)
• Violation of the False Claims Act
• Fraud
• Kickbacks, Up-Charging and over-billing
• Tax Fraud

Until we place restoring public trust as a top priority, taxpayers, property owners, homeowners, and business owners will have increased lack of trust in our local government. We ask our Board of Commissioners, those that remain, to 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.

If there are people that value restoring public trust and removing this “Cloud of Corruption”, we need your help in convincing Interim CEO Lee May to immediately fire and remove Kelvin Walton and Nina Hall from the DeKalb County taxpayers’ payroll. If the CEO continues to refuse to fire Kelvin Walton and Nina Hall, we need Interim CEO Lee May to explain to the rest of us the reason, “Why”?

Increase Property Value and Avoid Overpaying Property Taxes


avoid overpaying property taxes logo
PRESS RELEASE
FOR IMMEDIATE RELEASE
September 29, 2014

FROM: Viola Davis, Founder
Restore DeKalb
P.O. Box 831894
Stone Mountain, Georgia 30083
CONTACT:
Phone: 404-573-2813
Email: RestoreDeKalb@gmail.com
Website: http://restoredekalb.org

People’s Forum II: Increase Property Value and Avoid Overpaying Property Taxes

Suspect you’re overpaying property taxes and/or asking if you should appeal your property tax assessment? Appealed your property taxes and do not understand the process? Have you asked for ways to increase your property value and address violations that decrease your property value?

Homeowners and Property Owners who appealed their 2014 DeKalb County Real and Personal Property Tax Assessment need to attend the forum at Sanford Realty Company Conference Center, 4183 Snapfinger Woods Drive, Decatur, Georgia 30035 on October 11, 2014 at 9:30am.

This forum will help educate and assist homeowners and property owners in understanding the appraisal, appeal, and assessment process. The forum will provide information on how to file a complaint against violations that decrease property value.

The confirmed presenters include:
· Calvin C. Hicks – Chief Appraiser
· Debra DeBerry – Clerk of Superior Court
· Byron Scott – Board of Equalization (BOE) Supervisor

Restore DeKalb strives to educate DeKalb County taxpayers and voters on how to save hundreds, or even thousands of dollars a year with almost no drawbacks by appealing the property tax assessment. The process is free (Board of Equalization). If you think your property is being over assessed and need help with the appeal process, Restore DeKalb looks forward to educating homeowners and property owners to increase property value and avoid overpaying their property taxes.

Remember, the first installment of DeKalb’s 2014 real estate and personal property taxes is due on September 30th.

Restore_DeKalb_Logo_1

Download the flyers:

http://www.scribd.com/doc/241438495/Increase-Property-Value-and-Avoid-Overpaying-Property-Taxes

Restore DeKalb Presents People’s Forum I & II – September 13th at 9:30am

restore $100 million to dcss

PRESS RELEASE
FOR IMMEDIATE RELEASE
September 3, 2014

FROM: Viola Davis, Founder
Restore DeKalb
P.O. Box 831894,
Stone Mountain, Georgia 30083
CONTACT:
Phone: 404-573-2813
Email: RestoreDeKalb@gmail.com
Website: http://restoredekalb.org

Restore DeKalb Presents People’s Forum I & II
PEOPLE’S FORUM I & II

Learn what the politicians don’t want you to know at the Sanford Realty Company Conference Center, 4183 Snapfinger Woods Drive, Decatur, Georgia 30083:

• Forum I – September 13, 2014
• Forum II – October 11, 2014
• Both start at 9:30am

  • HELP RESTORE $100 MILLION TO DEKALB COUNTY SCHOOL SYSTEM (DCSS)
  • HELP STOP THE REMOVAL OF OVER $100 MILLION DOLLARS FROM DCSS SINCE 2006 TO TAX POOR/RECEIVER COUNTIES SUCH AS GWINNETT.
  • HELP RESTORE PUBLIC TRUST (UPDATE ON ETHICS COMPLAINTS)

Restore_DeKalb_Logo_1

We are forwarding links to the petition, resolution, flyers, and brochure (etc.) for Restore 100+ Million to DeKalb County School System. If we had this money, we would have enough money to finance the following:

• We would not need the money from cell towers on school grounds
• We would have enough money to finance charter clusters
• We would have enough money to increase the pay of our school employees
• We would have enough money to finance the needs of our refugee students
• Etc.

1. Restore $100 Million To DCSS – Resolution: http://www.scribd.com/doc/208057170/Restore-100-Million-To-DeKalb-County-School-System-DCSS-Resolution

2. Restore $100 Million To DCSS – Petition: http://www.scribd.com/doc/208056402/Restore-100-Million-To-DeKalb-County-School-System-DCSS-Petition

3. Restore $100 Million To DCSS – Brochure Front: http://www.scribd.com/doc/208055182/Restore-100-Million-To-DeKalb-County-School-System-DCSS-Brochure-Front

4. Restore $100 Million To DCSS – Brochure Back: http://www.scribd.com/doc/208055888/Restore-100-Million-To-DeKalb-County-School-System-DCSS-Brochure-Back

5. Restore $100 Million To DCSS – Flyer Front: http://www.scribd.com/doc/208053232/Restore-100-Million-To-DeKalb-County-School-System-DCSS-Flyer-Front

6. Restore $100 Million To DCSS – Flyer Back: http://www.scribd.com/doc/208054138/Restore-100-Million-To-DeKalb-County-School-System-Flyer-Back

7. Restore $100 Million to DCSS – PowerPoint Presentation: http://www.scribd.com/doc/208788430/Restore-100-Million-to-Dekalb-County-School-System-DCSS-Restore-DeKalb-Presentation-PDF-File

8. Restore DCSS Funding Video: Redistribution of Wealth – DCSS with Tom Bowen: http://youtu.be/xW38VZ-lOKM

9. Restore DCSS Funding Video: Inequity in Funding & Redistribution of Wealth with Rep. Billy Mitchell:

Elaine Boyer Resigns and Plans to Plead Guilty

elaine boyer pic

Northern District of Department of Justice

Former DeKalb County Commissioner Charged With Stealing County Funds

FOR IMMEDIATE RELEASE

August 26, 2014

ATLANTA – Elaine Boyer, the former Commissioner of District 1 in DeKalb County, Ga., has been arraigned on charges relating to her embezzlement of county funds and misuse of her DeKalb County credit card.

“As an elected County Commissioner, Ms. Boyer had a duty to serve the best interests of the citizens of DeKalb County,” said United States Attorney Sally Quillian Yates. “Instead of honoring that commitment, Ms. Boyer stole from the citizens she was sworn to serve by diverting thousands of dollars in county funds to her personal bank account and using her county-issued credit card like it was her own.”

J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “Public corruption based investigations often stem from actions that would be seen as clearly improper and illegal to the average person. The charges in this case, however, reflect criminal actions of a twenty-two year veteran DeKalb County Commissioner who knew fully the nature of her actions and she will now face the consequences of those actions. The FBI places a high priority toward investigating allegations of public corruption due to the extensive harm that it can cause on many levels and we ask that anyone with information regarding such allegations to please contact their nearest FBI field office.”

According to United States Attorney Yates, the charges, and other information presented in court: In DeKalb County, Ga., the Board of Commissioners (“BOC”) serves as the legislative branch of the DeKalb County Government. The BOC is comprised of seven part-time commissioners, who are elected to serve four-year terms. Each of the seven Commissioners is responsible for the management of their respective offices, which includes controlling the offices’ budget and hiring staff members, contractors, and consultants. In recent years, the operating budget for a Commissioner’s office has been approximately $250,000 per year. The Commissioners may use their budget only for county-related business.

Since 1992, Ms. Boyer served as the Commissioner of District 1, which serves citizens in north DeKalb County, including in Brookhaven, Dunwoody, Tucker, and Smoke Rise, Ga. Among other responsibilities, Ms. Boyer sat on the BOC’s Finance, Budget, and Audit Committee and was the Chairwoman of the Employee Relations and Community Services Committee. Boyer’s term of office was to expire in 2016; however, Boyer resigned yesterday.

In September 2009, as the Commissioner of District 1, Ms. Boyer retained an individual (“Advisor”) supposedly to assist her with government consulting and advisory duties on issues that affected her constituents. From September 2009 to November 2011, false invoices were submitted to Ms. Boyer’s office for consulting services purportedly rendered by Advisor. In fact, Advisor performed no services for Ms. Boyer, District 1 constituents, or DeKalb County. Ms. Boyer used the false invoices as a basis to authorize payments to Advisor. Based on requisition requests from Ms. Boyer, DeKalb County mailed approximately 35 checks to Advisor for consulting services that were never performed. In total, DeKalb County paid Advisor more than $78,000, believing that legitimate services had been performed for the county.

After being paid by DeKalb County, Advisor funneled approximately 75% of the money received from DeKalb County into Ms. Boyer’s personal bank account. Between September 2009 and November 2011, Advisor deposited more than $58,000 in DeKalb County funds into Ms. Boyer’s personal bank account (while retaining the remainder of the money). In turn, Ms. Boyer used the money deposited into her account to pay personal expenses, including purchases at hotels and high-end department stores.

Additionally, in her capacity as a Commissioner, DeKalb County issued Ms. Boyer a Visa Purchasing Card (“P-Card”) to make county-related purchases. On January 14, 2010, she signed a Cardholder Users’ Agreement stating she would not use the P-Card to make personal purchases.

From October 2010 to February 2014, Ms. Boyer made more than 50 personal purchases on her P-Card, including purchasing airline tickets and hotel rooms for herself and her family for personal travel. In total, she made over $15,000 worth of purchases on her P-Card for personal goods and services.

Elaine Boyer, 57, of Stone Mountain, Ga., was charged via Criminal Information with conspiring to committed mail fraud and with wire fraud. She is scheduled to plead guilty at 3:00 p.m., on September 3, 2014, before U.S. District Court Judge Orinda D. Evans.

Members of the public are reminded that the information only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by Federal Bureau of Investigation.

Assistant United States Attorneys Jeffrey W. Davis and Kurt R. Erskine are prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office atUSAGAN.PressEmails@usdoj.gov or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division ishttp://www.justice.gov/usao/gan/.

Time for Parrott to prove libelous and defamatory statements in Kathie Gannon’s Ethics Complaint

unhappy taxpayer and voter logo1

Memo
To: Chairman John Ernst, DeKalb Board of Ethics, Interim CEO Lee May, Executive Assistant, Zach Williams, District Attorney, Robert James, Lori Dennis, Travis Cherry, Scott Callan, Morris Williams, Commissioners Chief of Staff and Barbara Sanders, Clerk of the CEO and Commission
From: Viola Davis
cc:
Office of the State and Federal Inspector Generals, Federal Bureau of Investigation, Sally Quillian Yates, DeKalb Board of Commissioners, Unhappy Taxpayer & Voter, CTEA, Restore DeKalb and all Appropriate Parties.
Date: July 10, 2014

Re:
Documentation of Monica Parrott’s Open Records Request for Official Government Information Regarding Commissioner Kathie Gannon’s Ethics Complaint

Documentation of Monica Parrott’s Open Records Request for Official Government Information regarding Commissioner Kathie Gannon’s Ethics Complaint

Pursuant to the Georgia Open Records Law (O.C.G.A. 50-18-70 et seq.)(The Law) and/or Freedom of Information Act, copying: all files, records, and other documents of Monica Parrott’s Open Records Request for Official Government Information regarding Commissioner Kathie Gannon’s Ethics Complaint to include:

1. Parrott’s Open Records Request for Bank of America records with Lori Dennis’ name at the top and dated:
a. October 05, 2012 – November 04, 2012 (Page 28 of 30)
b. December 05, 2012 – January 04, 2013 (Page 15 of 16)
c. February 05, 2013 – March 04, 2013 (Page 25 of 26)

2. Parrott’s Open Records Request for Bank of America records with Travis Cherry’s name at the top and dated:
a. April 05, 2013 – May 04, 2013 (Page 27 of 30)
b. May 05, 2013 – June 04, 2013 (Page 31 of 32)
c. November 05, 2013 – December 04, 2013 (Page 15 of 16)
d. July 05, 2013 – August 04, 2013 (Page 28 of 30)
e. December 05, 2013 – January 04, 2014 (page 14 of 16)

3. Parrott’s Open Records Request to the finance department for copies of the Bank of America Bank Statements and documents quoted concerning Commissioner Kathie Gannon’s payments to nonprofits for “kickbacks”.

4. Parrott’s Open Records Request to Purchasing and Contracting for financial information regarding Commissioner Gannon’s Ethics Complaint.

It is important to increase transparency, ethics, and accountability in DeKalb County Government. It is paramount that we increase “Public Trust” in DeKalb County. We must hold our elected officials and their staff accountable.

DeKalb County government (legislative and administrative) must be investigated to assess if any government resources, staff, finances, etc. were used to assist Monica Parrott in filing the ethics complaint. We must verify the following:
• Did Monica Parrott receive any assistance in compiling the ethics complaint against Commissioner Kathie Gannon from elected officials and/or government officials/staff?

• Did Monica Parrott obtain the information provided in the ethics complaint through the help of elected officials and/or government officials/staff to intimidate, humiliate, and retaliate, etc. against private citizens?

Monica Parrott’s ethics complaint against Commissioner Kathie Gannon contain false statements that are libelous and defamatory. We request the opportunity to subpoena Parrott to give a sworn deposition concerning the accusations stated as fact in her ethics complaint. We are particularly interested in the involvement of a third party or parties in these malicious statements.

The statements involving Viola Davis and the Unhappy Taxpayer and Voter ministry involve:
• Defamation of character
• False accusations with total disregard of research
• Intention to defile our reputation of respect, adhering to high ethical standards, honesty and integrity
• Reckless disregard for the truth

We have proof of the following facts to correct the libelous and defamatory statements made in Kathie Gannon’s ethics complaint by Monica Parrott to include:

• Commissioner Kathie Gannon has not paid Viola Davis and/or Unhappy Taxpayer and Voter “one penny” in money or any other in-kind financial support…period.

• Viola Davis and/or Unhappy Taxpayer and Voter has never received illegal financial support of any kind to include “kickbacks” from Commissioner Gannon or any other party.

• Viola Davis, co-founder of Unhappy Taxpayer and Voter, is not presently a member of PRISM due to the lack of payment of membership dues for over 1+ years. However, Davis thanks Monica Parrott for reminding her to renew her membership.

• Viola Davis is not part of a nonprofit “whose 501 (c) (3) status has been revoked by the IRS for non-compliance with its reporting requirement”.

• Viola Davis and the Unhappy Taxpayer and Voter ministry are not political operatives of Commissioner Kathie Gannon or any other elected official.

• Viola Davis is a critical care registered nurse (License number – RN101605 issued 9/18/1991) with over 20+ years’ experience in MICU, SICU, and CCU. As a Veteran with an honorable discharge from the military, I, Viola Davis, am a commissioned officer trained in combat nursing. The statement, “questionable income” is libelous and defamatory especially since Monica Parrott continuously references illegal activity throughout the ethics complaint.

• Unhappy Taxpayer and Voter, Inc. was registered with Georgia Secretary of State on 4/19/2002. On April 21, 2004, a U.S. federal trademark registration (serial number 78405400) was filed for Unhappy Taxpayer & Voter. We have spent over 12 years earning the respect of the community. We are known for our research, advocacy, and educating the public on serious social and political issues. We are a government watchdog organization/ministry. We analyze the manner in which taxpayer funds are spent and disseminate the results to the public with the purpose of encouraging fiduciary responsibility amongst elected officials. (View the Link)

A federal complaint was filed by Unhappy Taxpayer and Voter with the Recovery Accountability and Transparency Board, Office of the Inspector General, United State Attorney General and the Department of Revenue on September 2013:

Ethics complaints were filed against Kelvin Walton, Nina Hall, Commissioner Sharon Barnes Sutton and Judy Brownlee:

We also recently attended a meeting with the offices of the federal and state Inspector Generals. We requested information/documents on protection for witnesses and government employees with knowledge of illegal activity, wrongdoing, waste, mismanagement, abuse, etc. We have an obligation to educate the public and government employees who fear acts of intimidation and retaliation.

We’re afraid this ethics complaint filed by Monica Parrott is an example of retaliation for attempting to hold our elected officials and government agencies accountable. The libelous and defamatory statements within the ethics complaint are acts of retaliation.

We request a full investigation into the method that Monica Parrott obtained her information if no Open Records Request was ever filed. Once again, we view such acts as retaliation.

If this request is denied in whole or in part, we ask that you cite in writing the specific statutory exemption upon which you have relied, as required by law, we also ask that you release all separate portions of otherwise exempt material. Please waive any costs associated with this request, or first inform us about such costs as required by Georgia Law.

As you know, the Law requires a response by you within three business days of your receipt of this Open Records Request and provides sanctions for non-compliance. I look forward to hearing from you. I can be reached at 770-256-0034 or via email at UnhappyTaxpayers@gmail.com.
Sincerely,

Viola Davis
Community Missionary

Restore Public Trust Ethics Complaint – Amendment 1

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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

ceo burrell ellis

http://www.scribd.com/doc/229056323/State-vs-W-Burrell-Ellis-Supplement-to-Supplemental-Motion

Ethics Complaint Filed Against CEO Burrell Ellis

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

 

 

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

http://www.myajc.com/news/news/local-govt-politics/dekalb-official-spent-county-funds-on-herself/nfH4g/

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
kathie gannon photo

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