Time for Parrott to prove libelous and defamatory statements in Kathie Gannon’s Ethics Complaint
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
Commissioner Sharon Barnes Sutton and Judy Brownlee Ethics Complaint and Amendment
MEMORANDUM
TO: DEKALB COUNTY BOARD OF ETHICS
FROM: VIOLA DAVIS WITH UNHAPPY TAXPAYER AND VOTER
SUBJECT: 1ST AMENDMENT TO THE ETHICS COMPLAINT FILED AGAINST COMMISSIONER SHARON BARNES SUTTON AND ETHICS COMPLAINT AGAINST JUDY BROWNLEE
DATE: 6/17/2014
CC: RESTORE DEKALB, JOEL EDWARDS, UNHAPPY TAXPAYER AND VOTER AND ALL APPROPRIATE PARTIES
I, Viola Davis and Restore DeKalb submit this 1st amendment to the ethics complaint filed against Commissioner Sharon Barnes Sutton (District 4) for the following violations:
(1) Violation of the DeKalb County Code of Ethics
(2) Violation of Oath of Office
(3) Violation of the Public’s Trust
(4) Violation of the Law (alleged)
(5) Conflict of Interest
I also submit this Ethics Complaint against Judy Brownlee, Commissioner’s Sharon Barnes Sutton’s top aide, for violations of the DeKalb County government’s Code of Ethics.
The conduct, prohibited by the DeKalb County Code of Ethics, that Commissioner Sharon Barnes Sutton and Judy Brownlee violated include:
• Directly or indirectly request, receive, or agree to receive anything of value which may influence or be perceived to influence, the member’s official actions.
• Use his/her position to secure unwarranted privileges for himself or herself;
• Engage in any activity or transaction that is prohibited by a law that is applicable to him/her by virtue of being a member of the governing authority;
• Etc. (Any other violations that the Ethics Board may find)
I have asked for the support of Restore DeKalb which includes Joel Edwards. We issue this ethics complaint to ensure there is transparency, ethics, and accountability in DeKalb County government. We have joined as a coalition to hold elected officials accountable for violating the public’s trust. We will welcome other taxpayers and voters who strive to restore public trust once we have the vote of the executive accountability board.
I will use the following documentation and video as evidence:
1. The AJC article, “Officials spend with little oversight”, by Johnny Edwards (May 25, 2014) – Mr. Edwards did an excellent article in the AJC which provided the following evidence to demonstrate Commissioner Sharon Barnes Sutton violated the Code of Ethics and included evidence below:
• Sharon Barnes Sutton’s P-card purchases
• Sharon Barnes Sutton’s cardholder agreement
• Sharon Barnes Sutton’s P-card travel agreement
• Audit of District 4 Purchase Card use
• Criminal Trespass and Simple Battery Police Report
• Open Records Request Documentation on Commission District 4 contract particularly with H.S.I Systems & Consultants, Inc., RightThink Associates, Inc., and Empowerment Planners and Consulting Group. (Conflict of Interest Section)
2. Commissioner Sharon Barnes Sutton and Judy Brownlee (according to the above article) used their P-card or purchasing cards for personal use which is prohibited to include:
• Barnes Sutton and her top aide put $75,000 on their purchasing cards since 2011, followed by Boyer’s office with $58,000.
• Barnes Sutton was missing receipts for more than $45,000 of purchases.
• Barnes Sutton also topped fellow commissioners in spending at retailers, such as Office Depot, Staples, Walmart, Bed, Bath & Beyond, Tuesday Morning, and Hobby Lobby.
• Barnes Sutton’s office spent about $24,000 at retailers for office equipment such as HDTV and $700 laptop, etc., while Boyer’s office spent about $19,500.
• Barnes Sutton used the Visa card (P-card) to pay a $130 speeding ticket, which she apparently received in January 2013. (see attachment for completed document)
• 8. Conflict of Interest – Sharon Barnes Sutton hired companies owned by her boyfriend (former), Warren Mosby and her executive assistant, Judy Brownlee, to perform duties and receive payments from the District 4 office despite the conflict of interest to include:
• H.S.I Systems & Consultants, Inc. is owned by Warren Mosby and Mosby received several contracts from Commissioner Sharon Barnes Sutton to include:
$1,336.00 – Design of program for YLA Kick-off
$4,212.00 – District 4 Commissioner Newsletter
$10,000.00 – BOC Transition Advisory Capacity (see attachment)
• RightThink Associates, Inc. is owned by Warren Mosby and Mosby received contracts from Commissioner Sharon Barnes Sutton to include (alleged):
$20,000.00 – Professional Services for District 4
• Empowerment Planners and Consulting Group is owned by Judy Brownlee (Barnes Sutton’s top aid) and Brownlee received contracts and payment from Commissioner Sharon Barnes Sutton. We will provide the full list of contracts once we can verify the date Judy Brownlee started working for Commissioner Sharon Barnes Sutton (alleged). The partial list include:
$1,000 – Professional Consulting and Administration Services
$1,125 – Professional Consulting and Administration Services
9. Commissioner Sharon Barnes Sutton and Judy Brownlee abused and allegedly violated county policy and local law by using the Purchasing Cards for personal use and neglected to reimburse the county for the full amount of money. The WSB Channel 2 investigation on retail spending among DeKalb Commissioners identified the following violations to include:
1. Commissioner Sharon Barnes Sutton and Judy Brownlee had 511 total purchases which added up to $75,583.33, to include 178 receipts or 34.8%.
2. The purchases with receipts total $29,901.63 and the purchases without receipts total $45,681.70. (see the attachment for complete information)
“Red Flag”: Commissioner Sharon Barnes Sutton deliberately and willfully misused her P-card dating back to October 2009, evidenced by:
A. Sharon Barnes Sutton was formally notified about her misuse of the P-card in two documents from Internal Audit & Licensing dated April 2, 2010 and October 12, 2011 (See Attachment). She was notified by Eugene O’Mard in 2010 and the document was sent to Dr. Michael Bell, Keith Barker, Kelvin Walton and Dale Dague (See Attachment). Commissioner Sharon Barnes Sutton’s office of BOC District 4 did not comply with DeKalb County P-Card policies and procedures. (see the attachment for complete information)
As a coalition, we call for an action plan to hold elected officials accountable and ensure their aides uphold policy and procedures, and the law to include:
• Request a 5-10 year audit (2003-2013) of Commissioner Sharon Barnes Sutton’s P-card use to evaluate if this was truly a mistake or a pattern of misuse which substantiates a violation of the law. If the evidence shows a pattern of abuse, we demand Commissioner Sharon Barnes Sutton and others be held accountable to the fullest extent of the law.
• Require Sharon Barnes Sutton and Judy Brownlee to repay all monies for inappropriate charges on the P-card and/or charges paid by the county.
• Request the P-card use of every County Commissioner and their aides to evaluate if these actions are a systematic problem that extends to more than one or two commissioners (please include the Interim CEO Lee May and his aides as they represented Commission District 5);
• Request the information be forwarded to the District Attorney for prosecution if the Board of Ethic determines violation or violations of the law;
• Request the policy for P-card use be revised to include the Commissioners and all Board of Commissioners’ staff;
• Remove Sharon Barnes Sutton from office and terminate the employment of Judy Brownlee with DeKalb County and bar them both from ever working for DeKalb County in the future.
I, Viola Davis and Restore DeKalb, submit this Ethics Complaint and the amendment with the support of Restore DeKalb to hold Commissioner Sharon Barnes Sutton and Judy Brownlee accountable for their alleged illegal actions.
Sincerely,
Viola Davis
Taxpayer and Voter in Commission District 4
Attachments Included
Amendment 1 to Ethics Complaint against Commissioner Sharon Barnes Sutton and Judy Brownlee and Documentation Attachment.
Confidential
Restore Public Trust Ethics Complaint – Amendment 1
Restore Public Trust Ethics Complaint – Amendment 1
Viola Davis
909 Rays Road
Stone Mountain, Ga. 30083
June 9, 2014
DeKalb County Board of Ethics
Clark Harrison Building
330 W. Ponce de Leon Avenue
Decatur, Georgia 30030
Dear DeKalb County Board of Ethics:
I, Viola Davis with Unhappy Taxpayer & Voter, submit this 1st amendment to the ethics complaint to restore public trust against Kelvin Walton, former Director and Chief Procurement Officer of the Department of Purchasing and Contracting and Nina Hall, Former Assistant to CEO Burrell Ellis, and former Project Manager with the Watershed Department.
I presented evidence during an executive meeting of Restore DeKalb on Friday, May 29, 2014 which included documentation from the grand jury case against former CEO Burrell Ellis. I have received the full support of Restore DeKalb to submit a Restore Public Trust Ethics Complaint – Amendment 1 against Kelvin Walton and Nina Hall concerning the public corruption case related to purchasing and contracts within the Watershed Department.
I submit an amendment to include sworn statements of both Kelvin Walton and Nina Hall from the grand jury report located in the document titled, “State vs. W. Burrell Ellis Supplement to Supplemental Motion to Suppress the Search of Mr. Ellis’ residence and Mr. Ellis’ Office and Seizure of Evidence and Motion to Suppress Wire Communications and Text Messages”. The document has 170 pages.
The documented evidence is placed in bullet points to highlight important testimony that will support the DeKalb County Board of Ethics removing Walton and Hall from the taxpayers’ payroll. Kelvin Walton and Nina Hall need to be remove from the taxpayers’ payroll for following reasons:
• Kelvin Walton willfully lied multiple times during his May Special Purpose Grand Jury Testimony.
• Kelvin Walton admitted under oath that he lied to the Grand Jury.
• Kelvin Walton refused to answer 343 questions for fear of self-incrimination. http://www.wsbtv.com/news/news/local/dekalb-official-refuses-answer-343-questions-fear-/nfDKt/
• Kelvin Walton funneled cash from vendors to a county employee who served on approximately fifteen selection committees for DeKalb County projects. The employees name is Nina Hall, formerly the executive assistant to CEO Burrell Ellis.
• Kelvin Walton accepted a gift/service from a vendor of cash value without paying for the service.
• Nina Hall first denied ever receiving gifts or cash from vendors under oath. However, she eventually confessed to receiving cash from Kelvin Walton and allegedly Michael Hightower.
In the document dated May 7, 2014, Attorney Arthur Leach stated there was no actual factual allegations against his client (Kelvin L. Walton) in our complaint. Leach also stated Kelvin L. Walton cannot engage in the process until he testifies in the pending case involving the former CEO of DeKalb County. (See attachment)
The DeKalb County Board of Ethics must be made aware of the following facts concerning Kelvin Walton and Nina Hall’s testimonies within the grand jury document identified above to include:
I. Kelvin L. Walton Testimony:
a. Kelvin Walton takes the oath and solemnly swears or affirms that the evidence he gave the Grand Jury on his presentment shall be the truth, the whole truth, and nothing but the truth, so help him God. (Page 190 — Defendant’s exhibit D)
b. Juror Number 10 asked Kelvin Walton, “Does this leave the county open for lawsuits, I mean, liable for”. Kelvin Walton said, “It does, ma’am”. (Page 225)
c. Kelvin Walton said, “We are not in the business of paying anyone that’s even related to somebody that work for the County.” Despite stating this fact, Walton allowed Jeff Walker, brother of a county worker named John Walker, receive contract payments from vendors. (Page 148)
d. Kelvin Walton claimed he was not aware Brown and Caldwell paid Jeff Walker when they had the large mapping contract with the county. (Page 150)
e. Walton claimed he was not aware that Brown and Caldwell was forced to add Hadi Haeri to their mapping contract until he met with Francis Kung’u and Ted Rhinehart. (Page 151)
f. During Walton’s first testimony to the Grand Jury, he claimed that he never had anyone perform services at his home. (Page 151)
II. Kelvin Walton’s Second Appearance before the Grand Jury:
a. Kelvin Walton takes the oath and signed the written oath. (Page 104)
b. Kelvin Walton admits there was something that he was not truthful about with the Grand Jury previously. (Page 105)
c. Walton said, “First of all, I want to apologize to the Grand Jury. I was not, you know, as truthful as I should have been the time that I was here.”
d. Walton said, “As it relates to the matter with Paul Champion, I did meet him in the parking lot at Walmart, but I did not solicit any funds from him. Paul Champion did cut down trees for me and I believe that he was trying to hold that against me because the County was not paying him for the bill that the County owed him (Champion) for the trees that he said that he cut down.” (Page 106)
e. Walton claimed Paul Champion offered him cash and he said that he (Walton) did not operate like that. (Page 107)
f. Kelvin Walton said, “But again, I want to apologize. I was not truthful. I was nervous. I had never done this before. Again, I’ve been in the business 20 years and never faced this type of situation and I lied and I apologize for that.” (Page 108)
III. Kelvin Walton’s testimony dealt with contractors under investigation and controversial events within DeKalb County government to include:
a. Kelvin Walton said, “Then Neville Anderson, whoever he is from some company, called Morris Williams this weekend and said that Jeff Walker and Dr. Taylor called him and said, did Morris ever ask you for any money, we need to lead the DA to somebody else. And the young man said, I don’t know what you’re talking about”. (Page 163) …”Tony Taylor used to work for a company called Parsons.” (Page 163-165)
b. Walton discusses a bogus company on page 171.
c. Kelvin Walton said that the last time he spoke with CEO Jones was right after he got out of office. He saw him at the Arizona Restaurant in Lithonia. (Page 182)
d. Kelvin Walton and Vernon Jones are in the same fraternity. Walton met David Gallemore in Morris William’s office during the Jones Administration. David is a fraternity brother as well. (Page 183-184)
e. Morris Williams said, “I heard that they asked David Gallemore about a letter, Kelvin, and I said what letter…He said, you know, they were bad mouthing my company, telling – they were going around telling other companies don’t utilize G4Enterprise”. (Page 185-186)
f. Kelvin Walton acknowledged Mr. Gallemore had an inappropriate relationship with Jeff Walker’s wife. Walton went on to confirm that the inappropriate relationship was a sexual relationship. (Page 187)
g. Walton said the following concerning Richard Stogner, “Richard Stogner and Samit Roy, who is the owner of Scicom, went to see former Governor Roy Barnes the other day. They had a meeting with him because I guess he’s going to represent them as this thing develops. And they wanted me to come, you know because they – that I was going to need representation as well. And I told them, no, I’m Okay. And I’ve got things to do on the job anyway. You know, I’m going to tell the truth. I just don’t feel that I need a lawyer right now.” (Page 187-188)
h. Walton went on to say, “They said, okay, you’re sure? So they went and Roy Barnes told them – According to Richard after they got back – said former Governor Roy Barnes said that they didn’t have anything to worry about because based on what they told him, he didn’t see anything wrong with him using federal contracts splitting them at $49,000, and stuff like that. He just didn’t see the issue that he was going to call DA James and talk to him about the situation, to let him know that this is – it’s really nothing. So, in other words, just trying to get him out of it.” (Page 188)
i. Kelvin Walton explained how he and Richard Stogner broke contracts down to $49,000 (Pages 188-190). And he (Richard Stogner) knows that Samit Roy—Scicom is a good company, they do good work. And- but other companies have complained about never getting some of the IT work. (Page 188-191)
IV. Nina Hall Testimony:
a. Sworn testimony began on page 152.
b. Nina Hall stated she was the assistant to DeKalb CEO Burrell Ellis and worked for Ellis four years in his capacity as the CEO, and a year and a half – he was a county commissioner. (Page 152)
c. Hall stated that she “served on committees with the community development group in terms of the grant process in the county, giving out grants to nonprofit organizations. And I have served on selection committees”. (Page 154)
d. Hall served on committees related to the procurement process for about two years. (Page 154)
e. Kelvin Walton presented Hall the opportunity to serve on some select committees. (Page 155)
f. Hall stated she knew Walton for six years and that they were friends. (Page 156)
g. Hall went out to dinner with vendors. She went to dinner with Kelvin Walton and Barry Bennett, where Bennett paid for the dinner. (Page 233)
h. Hall initially stated that she was “not aware of any vendor or a vendor representative indirectly giving a gift, be it, a physical gift or a monetary gift to any county employee, starting with the CEO, and all the way down”. (Page 234)
i. Nina Hall said, “Well, I mean my friend Kelvin, he gave me some money to help me out with something and he did say that he got it from some of his –some of his friends. Hall acknowledges that she received money from Kelvin Walton and a vendor friend allegedly Michael Hightower. (Page 235)
In the name of transparency, ethics, and accountability, we submit this ethics complaint amendment to restore public trust.
Sincerely,
Viola Davis
Community Missionary
See Attachment
http://www.scribd.com/doc/229056323/State-vs-W-Burrell-Ellis-Supplement-to-Supplemental-Motion
Moratorium on Purchase Cards (P-Cards) in DeKalb County
MORATORIUM ON P-CARDS UNTIL AUDIT AND INTERNAL CONTROLS ARE COMPLETED
Time for a moratorium on purchase cards (p-cards) usage in DeKalb County. DeKalb County must implement a moratorium on purchase cards to regain public trust and proper oversight of the program.
The recent exposé on Commissioner Elaine Boyer and Commissioner Sharon Barnes-Sutton has created a cloud of distrust, waste, abuse and corruption (borderline alleged illegal activity) involving the use of p-cards for personal use such as paying for speeding tickets to financing a ski resort trip. The common factor each commissioner recites involves their lack of knowledge of policy, procedures, keeping proper records, etc.
A moratorium on purchase cards involves the following:
1. Moratorium on further independent usage of the purchase cards until the audit is complete. We must improve management oversight and internal control of the purchase card program.
2. Cardholders must submit supporting documentation to the program for review and override within 24-72 hours. Documentation must include all purchases made with p-cards with verification that such purchases were for county purposes.
3. Blockage of high risk transactions and categories must be part of the program to deliver red flags to administrators responsible for oversight.
4. Develop training sessions on p-card policy and procedures for purchase cardholders and approving officials to address the non-compliance issues.
5. Depending on the severity of the violations, cardholders and approving officials in violation of agency policy and/or procedures may have their authority revoked, suspended, and/or possibly be subject to termination and/or civil/criminal prosecution.
Once a pattern of abuse is verified through the audit, the individuals in willful and flagrant violation of the purchase card policy and procedure must be held accountable with civil and criminal charges to the fullest extent of the law.
DeKalb Board of Ethics: Is There Outside Manipulation and a Sabotage Action Plan?
Interim CEO Lee May
Comments: DeKalb Board of Ethics: Is There Outside Manipulation and a Sabotage Action Plan?
We received a letter from the Board of Ethics lawyer suggesting I, Viola Davis, not attend the May 8, 2014 meeting. When we asked other complainants if they received the letter, we found that we were the only one to receive a letter to not attend.
We have no choice but to ask if there is an action plan to manipulate and sabotage the Board of Ethics to prevent the general public from holding elected officials and employees of government agencies accountable.
John Ernst, Acting Chairman, asked that we forward the letter to the board because he was not familiar with the letter suggesting I not attend the board meeting.
To ensure transparency, ethics, and accountability, we have decided to place a majority of our documents online for the general public to review. We strive to make this process fair and balanced for the general public by removing the political manipulation and sabotage to include:
1. CEO Lee May replacement of Chairman Isaac Blythers when he needed to be reappointed to ensure stability and continuity of the Board of Ethics.
2. CEO Lee May replaced Blythers with Terrance Thornton without first vetting the replacement for such a critical position. The Atlanta Journal-Constitution stated that Thornton’s financial history includes a foreclosure and not paying his taxes on time.
3. Viola Davis was sent a letter suggesting she not attend the meeting on May 8, 2014.
We request the process be more transparent, fair and balanced. We demand the political manipulation cease immediately. We need an Ethics Board that reassures the public it will lay a foundation of integrity, fairness, and overall respect for the process. We must restore public trust at all cost.
Sincerely,
Viola Davis
Watchdog Group Leaders Call for Ralston’s Resignation
PRESS RELEASE
Tuesday April 29, 2014 Contact: Garland Favorito
(404) 664-4044
Watchdog Group Leaders Call for Ralston’s Resignation
ATLANTA, GA –A dozen leaders of various organizations plus many other concerned citizens gathered at the Capitol today and made a personal call for House Speaker, David Ralston, to resign his seat. A complaint with evidence of three separate ethics related concerns was delivered to Governor Nathan Deal.
The leaders contended that the Speaker’s House procedures are dictatorial and subvert the principles of a representative democracy. They asserted that all decisions as to what bills are heard and which bills can be voted to move to the floor are made in secrecy and not by votes from their elected representatives. They further lamented that bills can be gutted, supplemented, modified or limited for debate without a floor vote or permission from the authors.
Secondly, the leaders contended that the Speaker and some Representatives flood certain House races with money to elect candidates who will accept the established dictatorship. Records of a 2012 primary show the Speaker’s $5000 and $27,000 from legislators, helped create a 5:1 spending advantage for a candidate who raised 93% of his funds from legislators, corporations and PACs. His challenger, a minister, raised 96% of his money from individuals. The leaders cited such funding as conflicts of interest that undermine the will of the people in the districts.
Finally, the leaders insisted that the Speaker and some Representatives conducted a politically motivated, false attack on a bill introduced by Rep. Sam Moore with intent to destroy his reelection chances. Records proved that the Speaker and some of the same Representatives are funding Moore’s previous primary opponent, who is running for that seat again. Legislators contributed over $17,000 of the $30,000 total for his opponent, who raised only about $800 from in district individuals. Moore has refused to take cash from corporations, PACs, lobbyists or legislators.
To disprove the Speaker’s claim that one of Moore’s previous bills to remove loitering laws would have jeopardized children, three separate child protection statutes and current loitering laws were explained. The leaders contend the Speaker had to know that the legal premise of his claim was false since he was a criminal defense attorney who represented several child molesters in high profile cases.
Georgia ranks as America’s most politically corrupt state. Its ethics commission was recently found liable for a $700,000 judgment in the first of several wrongful termination suits by employees who were involved in investigating Gov. Deal.
Press Conference 4 29 14 from Wonderland on Vimeo.
David Ralston complaint delivered to Governor Deal
________________________________________
April 29, 2014
Dear Governor Deal,
We are writing to personally request your immediate attention to several matters that we believe have compromised the rights of Georgians. First, for the last five years the Georgia House of Representatives has not operated on principles of a representative democracy as Georgians would expect. As you know, the officials who we elect have no voice in determining what bills are heard in their committees and little power to select any Rules committee bill to be moved to the floor for voting. Furthermore, bills can be gutted, supplemented, modified or restructured to limit debate without a floor vote or permission from the author. Bill decisions are now made in secrecy under control of one person, House Speaker David Ralston. These House procedures are not representative of a democratic republic but more closely resemble characteristics of a dictatorship that is contrary to the interests of the people of Georgia.
Secondly, the Speaker of the House and some of its members have compromised Georgia elections by flooding selected House races with out of district money for their chosen candidates. This is a conflict of interest that subverts the will of the people in those districts. These chosen candidates outspend their opponents by astronomical margins to win their races. They are then beholden to the leadership when they join the House, thus further expanding this dictatorial empire. For example, in 2012 Speaker Ralston and certain House members contributed more than $27,000 in out of district donations to prevent a minister from being elected to the Georgia House. Their candidate raised 93% of his total funds from legislators, corporations and PACs including an early $5,000 from Speaker Ralston. This allowed him to outspend by a 5:1 margin, the minister who raised 96% of his funds from individuals.
Third, the election manipulation tactics reached a new low on February 21, with a public attack on a Rep. Sam Moore and a bill he introduced. It included advance notice of an event to the media, pre-arranged ridicule by the leadership in the morning session and a subsequent media tirade where Speaker Ralston and a few others attempted to destroy the reelection chances of the Representative. The Representative had previously defeated a candidate that the Speaker and other House members had flooded with over $17,000 of out of district money. Their candidate raised only a few hundred dollars from in district individuals out of $30,000 in total funds. Rep. Moore has refused to take cash donations from corporations, PACs, lobbyists or legislators and accepts them only from individual voters.
The politically motivated attempt to ruin a sitting House member could be unprecedented in Georgia House history and was obviously orchestrated with the approval of the speaker. While we may not agree with all of the content of the bill in question, the attack was based on a provably false, legal premise. As a former criminal defense attorney, the Speaker had to know that the claim he and some others made to the media about that bill was false. That demonstrates a serious lack of ethics.
In conclusion, the conditions and tactics we have outlined above are unacceptable. The Center for Public Integrity has already ranked Georgia as the most politically corrupt state in the country. Our state received grades of “F” in Legislative Accountability, Political Financing and Ethics Enforcement Agencies, which scored a “0”. We have no recourse with the Ethics Commission given that its ethics were recently found lacking after a $700,000 judgment in the first of several wrongful termination lawsuits filed by former key employees. As Chief Executive Officer of the state and head of the majority party that controls the legislature, you have the top position of authority and power to protect Georgians from further corruption. Therefore, we personally call upon you to:
1. Demand that the Speaker of the House resign his seat as a result of the ethics lapses cited above
2. Establish procedures to ensure that all legislators can vote to determine the bills that will be heard in their committees
3. Establish procedures to ensure that all legislators in Rules Committees can vote to select any bill in the Committee to be moved to the floor
4. Require recorded votes for all bills and amendments in committees and on the floor
5. Ensure that a bill cannot be modified while it is in a Rules committee
6. Ensure that a bill can only be limited for floor debate by the author or a floor vote
7. Allow legislators 24 hours to review any legislation prior to voting on that legislation
8. Stop the practice of pressuring key legislators to make donations to other campaigns
9. Evaluate further legal or procedural changes to avoid conflict of interest funding situations that compromise elections and the voice of the people such as those described above
We thank you for your consideration and await your efforts to restore the integrity of our Georgia state government.
Sincerely,
• Chris Owen, President, Eagle Forum
• Jack Staver, Chairman, N.W. GA. 912 Project
• Margaret Williamson, founder, Gilmer County Tea Party
• Angela Bean, Republican State Committee Member
• Field Searcy, Director, Repeal Regionalism
• Julia & Karl Heidbrink, co-leaders, Middle Georgia Tea Party
• Garland Favorito, Founder, VoterGA
• Sue Stanton, Conservative Leadership Coalition
• Barbara Hartman, President, Chattahoochee Republican Women
• Conrad Quagliaroli, Chairman, Cherokee County Tea Party
• Dr. Bill Hudson, co-founder, Transportation Leadership Coalition
• John Fortuin, co-founder, Defenders of Democracy
CONCERNED CITIZENS
Ethics Complaint Filed Against CEO Burrell Ellis
Rhea Johnson, a DeKalb County resident, filed an ethics complaint against CEO Burrell Ellis late on Tuesday.
As the Complainant, Johnson filed the ethics complaint to have CEO Burrell Ellis removed from office because the indictment and grand jury report documentation justify Ellis permanent removal from office. Johnson said, “He violated the Code of Ethics”.
While the criminal indictment set a standard for conviction of a crime at “beyond a reasonable doubt”, the Code of Ethics conviction requires the standard of proof governed by the “preponderance of the evidence”.
Read the rest of the story at the following link:
http://www.ajc.com/news/news/breaking-news/ethics-complaint-filed-against-ellis/nfgKr/
Question: Should DeKalb County taxpayers and voters continue to finance the salary and full benefits of the following:
a. Two CEOs to include CEO Lee May and CEO Burrell Ellis ($153,000)?
b. Two Purchasing and Contracting Directors to include Kelvin Walton and Scott Callan ($153,000 each)?
c. CEO Burrell Ellis’ secretary, Nina Hall ($75,000)?
View the Ethics Complaint below:
http://www.scribd.com/doc/220030978/Ethics-Complaint-Filed-Against-CEO-Burrell-Ellis
DeKalb Residents: Fire Purchasing Director
By April Hunt (4/22/2014)
The Atlanta Journal-Constitution
Several residents and business owners gave DeKalb County Commissioners an earful Tuesday morning for interim CEO Lee May’s decision to suspend but not fire the county purchasing director.
Purchasing Director Kelvin Walton and Nina Hall, the former secretary of suspended CEO Burrell Ellis, will still earn salaries during their suspensions that began Monday. May said he removed them because of allegations they were part of the contract corruption that Ellis was indicted for last year.
Read the rest of the story at the following link:
http://www.ajc.com/news/news/local/dekalb-residents-fire-purchasing-director/nffcN/
Or view the video:
Ten Year Audit of DeKalb Commissioners’ P-Cards
Surprise. Surprise. Surprise.
Commissioner Sharon Barnes Sutton surprised the public as well as her fellow commissioners with a gift…A ten year audit of the DeKalb Commissioners’ P-Cards.
Commissioner Jeff Rader and Commissioner Kathie Gannon introduced a resolution during the Board of Commissioners meeting, directing the executive assistant to obtain the services of a certified internal auditor or a certified government audit professional to analyze the expenditures of each member of the Board of Commissioners and their staff.
The audit will include the following:
• Audit to review the expenditures for the past ten years by each BOC, his/her respective staff and office, and the central office of the BOC;
• Audit shall review expenditures and decide whether the expenses were for county business;
• The auditor shall begin auditing commission district 6 first, per Commissioner Barnes Sutton’s substitution.
• The final and complete audit shall be distributed promptly to each member of the BOC, the CEO, and the Board of Ethics, and shall be made available to the public.
The Atlanta Journal Constitution article, “DeKalb Official Spent County Funds On Herself” by Johnny Edwards (3/22/2014), reported alleged misuse of the her purchase card (P-Card).
http://legalpronews.findlaw.com/article/22082f625614e6f3810cfff376dbde72#.U0rRSiiKV6U
The resolution attempts to restore public trust through the use of transparency, and begin to restore public confidence.
Update: Email statement from Commissioner Kathie Gannon
Independent Audit for all Commissioners
Yesterday the Board of Commissioners took the first step forward into sunshine and transparency. Commissioner Rader and I introduced the attached resolution calling for an independent audit of all spending for the past 5 years by each County Commissioner starting with District 1. The audits will include Purchase Cards, all other expenditures and all commission staff. The resolution directs the County to hire a Certified Internal Auditor or a Certified Government Audit Professional using funds previously budgeted for an internal auditor. The resolution was modified by Commissioner Barnes-Sutton to start with District 6 (my District) and to go back 10 years and then begin with District 1. This substitute motion passed without a dissenting vote. Commissioner Barnes-Sutton later attempted to call for a reconsideration of her substitute motion, however that failed. Please see the attached resolution that calls for an audit of all County Commission expenditures.
Kathie Gannon
Super District 6 Commissioner
http://www.scribd.com/doc/220196905/Ten-Year-Independent-Audit-of-All-DeKalb-Commissioners-P-Cards
Walton And Hall Suspended
WALTON AND HALL SUSPENDED
DeKalb’s Interim CEO, Lee May, placed the county’s purchasing director and CEO Burrell Ellis’ former secretary on paid leave Monday, April 21, 2014.
Kelvin Walton and Nina Hall were involved in alleged corruption in county government procurement processes. May said that he decided to suspend Walton and Hall to rebuild public trust.
Read the rest of the story at this link:
http://www.myajc.com/news/news/local/two-tied-to-corruption-in-dekalb-suspended/nffHN/
Two Tied To Corruption In DeKalb Suspended
or view the video at:
http://www.wsbtv.com/news/news/local/2-dekalb-officials-accused-accepting-bribes-placed/nffGg/
2 DeKalb Officials Accused Of Accepting Bribes Placed On Administrative Leave (4/21/14)