DeKalb County Email Secrets
DeKalb County Email Secrets
By Viola Davis, November 1, 2015
Unhappy Taxpayer & Voter submitted an Open Records Request to DeKalb County, October 2014, for several email accounts from the Purchasing and Contracting Department, particularly the emails from the prior director, Kelvin Walton.
We were eventually forced to file a complaint with the state Attorney General (twice) before the Open Records Request was answered. DeKalb County handed over seven discs containing over 20,000 emails.
Several emails will reveal the public was intentionally misled. We have found emails described as “smoking guns” that will show elected officials were informed of policies, procedures, deficiencies, corrective actions on the issues of the purchasing cards (p-cards).
We have emails that reveal the destruction of government documents, auditors being forced to leave premises, and claims of bid-rigging, etc.
Investigators with Unhappy Taxpayer & Voter obtained emails through an Open Records Request that revealed information on serious issues involving the following:
1. Repair of Lee May’s Home
2. Destruction of government documents and bid-rigging
3. District Attorney purchasing card (p-card) audit and deficiencies dated 2010
4. District Attorney’s assistant, Clarissa Brown, and the forfeiture account
5. DeKalb County Sheriff’s office made auditors leave the premises dated 12/30/2011
6. Liens against DeKalb County and claims of violation of False Claims Act
7. Browns Mill Aquatic Center company’s contract and violations
We will present the emails in seven attachments for the public to review for themselves.
Enclosures: Attachments 1-7
We have emails that reveal the destruction of government documents, auditors being forced to leave premises, and claims of bid-rigging, etc. We have media links that relate to the DeKalb County emails listed below.
1. Repair of Lee May’s Home
a. ICEO Lee May’s Home Repair made public 1/8/2015 – http://unhappytaxpayerandvoter.com/iceo-lee-mays-home-repair-made-public-january-8-2015/
b. Channel 2 Investigation reveals possible kickback to DeKalb officials – http://www.wsbtv.com/news/news/local/ch-2-investigation-reveals-possible-kickback-dekal/nk3Rn/
c. Investigators probing $4K check want DeKalb CEO May’s emails – http://www.myajc.com/news/news/local/investigators-probing-4k-check-want-dekalb-ceo-may/nnWm3/
d. Interim DeKalb CEO under FBI investigation – http://www.wsbtv.com/news/news/local/interim-dekalb-ceo-under-fbi-investigation/nk2nH/
e. Search warrants issued for DeKalb CEO Mays emails – http://www.ajc.com/news/news/local-govt-politics/search-warrants-issued-for-dekalb-ceo-may-and-othe/nnWdM/
2. Destruction of government documents and bid-rigging
a. Grand Jury alleges widespread DeKalb corruption – http://www.ajc.com/news/news/breaking-news/grand-jury-alleges-dekalb-widespread-corruption/nZYZZ/
b. Grand Jury Testimony – https://youtu.be/uwRlXHtIA-k
c. Whistleblower – Corruption in DeKalb: https://youtu.be/eeFVK9mcJgk
d. Whistleblower against DeKalb employees believes he was targeted – http://www.wsbtv.com/news/news/local/whistleblower-against-dekalb-employees-believes-he/nYyxx/
3. District Attorney purchasing card (p-card) audit and deficiencies dated 2010
a. DeKalb County Commissioners: “We need ethics training” – http://www.cbs46.com/story/30197995/dekalb-county-commissioners-we-need-ethics-training
b. DeKalb DA James will repay county for meal expenses – https://www.youtube.com/watch?v=uo4H8BJr05o
c. DeKalb DA double-bills taxpayers for expensive meal – http://www.wsbtv.com/news/news/local/dekalb-da-double-bills-taxpayers-expensive-meal/nn7Pm/
d. DeKalb employee (Bob Lundsten) indicted on 9 felony count – http://www.11alive.com/story/news/local/decatur/2015/04/16/robert-lundsten-indicted-9-felonies/25881691/
e. Former DeKalb commissioner’s chief of staff (Bob Lundsten) indicted for theft – http://www.wsbtv.com/news/news/local/former-commissioners-chief-staff-indicted-theft/nkwWG/
f. Channel 2 Investigation finds retail spending, few receipts – https://www.youtube.com/watch?v=X6ewXxfgyiw
g. Commissioner Resigns – https://youtu.be/t9zm-LVDnMo
4. District Attorney’s assistant, Clarissa Brown, and the forfeiture account
Media links not available
5. DeKalb County Sheriff’s office made auditors leave the premises dated 12/30/2011
https://www.scribd.com/doc/288128601/DeKalb-County-Email-Secrets-Attachment-5
https://www.scribd.com/doc/288128601/DeKalb-County-Email-Secrets-Attachment-5
Media links not available
6. Liens against DeKalb County and claims of violation of False Claims Act
a. 2 Investigates: County admits poor job overseeing government program – http://www.wsbtv.com/news/news/local/2-investigates-county-admits-poor-job-overseeing-g/nmGr2/
b. Kelvin Walton resigns amid federal investigation – http://www.wsbtv.com/videos/news/kelvin-walton-resigns-amid-federal-investigation/vCwjhD/
c. 2 DeKalb officials accused of accepting bribes placed on administrative leave – http://www.wsbtv.com/videos/news/kelvin-walton-resigns-amid-federal-investigation/vCwjhD/
d. DeKalb official refuses to answer 343 questions – http://m.wsbtv.com/news/news/local/dekalb-official-refuses-answer-343-questions-fear-/nfDKt/
e. Burrell Ellis’ former secretary takes stand in trial (invokes 5th Amendment) – http://www.wsbtv.com/news/news/local/secretary-takes-5th-corruption-case-fearing-briber/nhSHh/
7. Browns Mill Aquatic Center company’s contract and violations
a. Brown Mills Incident – https://www.youtube.com/watch?v=SdJcJ-fimvQ
b. Teen survivor of near drowning shares his story- http://www.cbs46.com/story/29486911/teen-survivor-of-near-drowning-shares-his-story
c. Witness says lifeguard at county pool couldn’t swim – http://www.11alive.com/story/news/local/2015/06/24/near-drowning-dekalb-pools-lifeguards/29196173/
d. County missing lifeguard certifications during near drowning – http://thechampionnewspaper.com/news/local/county-missing-lifeguard-certifications-during-near-drowning/
ICEO Lee May’s Home Repair Made Public January 8, 2015
ICEO Lee May’s home repair was made public January 8, 2015. See page 7 of 8 section IV which states: It is alleged that a Commissioner’s personal property was repaired with taxpayers’ money.
View Channel 2 Investigation Reveals possible kickback to DeKalb Officials – http://m.wsbtv.com/news/news/local/ch-2-investigation-reveals-possible-kickback-dekal/nk3Rn/ http://m.wsbtv.com/news/news/local/ch-2-investigation-reveals-possible-kickback-dekal/nk3Rn/
Thank you to Jodie Fleischer and Johnny Edwards for excellent investigative work and reporting!
We have spent over four years gathering documentation to expose violations of policy and procedure as well as alleged criminal activity. The primary method to verify our allegations is to expand the FBI, GBI, and Inspector General investigations to include a criminal third party forensic audit into four departments to include:
1. Purchasing and Contracting
2. Public Works
3. IT and IS
4. Watershed
5. LSBE program and the NSP funding
As a watchdog group, we have focused on protecting the taxpayers’ money to ensure transparency, ethics and accountability. We strive to motivate the Board of Commissioners and the Interim CEO of DeKalb County to write and enforce executive policies and procedures that protect taxpayers’ money from mismanagement, waste, abuse and alleged criminal activity. Our actions over the years have focused on our mission pledged to the taxpayers and voters of DeKalb County, Georgia.
It’s time for us to come to the reality that this local government has been in a crisis for far too long. As a watchdog group, we have complained for years about a “cloud of corruption” that gives DeKalb County a bad reputation as well as a black eye hindering economic development and decreasing public trust.
We are requesting a full criminal third party forensic audit to expose the “true” financial picture, shortfalls, and alleged criminal activity within the Watershed, Public Works Department, IT and Purchasing and Contracting Department. We need an answer to the question, “Is there criminal activity that should be prosecuted”?
Until we place restoring public trust as a top priority, taxpayers, property owners, homeowners and business owners recommend the Board of Commissioners 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 requesting the FBI, GBI and Inspector General expand their investigations into alleged criminal activity, wrongdoing, and malfeasance to include Kelvin Walton and Nina Hall as well as staff members in the Purchasing and Contracting Department, Public Works Department, IT and Watershed.
Once again, we request RICO classification.
DeKalb Water Main Break: An After Action Report To Prevent Past Errors
DEKALB WATER MAIN BREAK: AN AFTER ACTION REPORT
BY VIOLA DAVIS
DeKalb residents and businesses learned the hard way with the recent water main break and boil water advisory the reason our county must finance infrastructure upgrades. However, the general public needs to understand in laymen’s term how small errors in the recent water main break created a countywide crisis.
We met with the owner of GS Construction, Alessandro Salvo, in February 2015 concerning an issue and conflict with specification W-019 on covering the water main after repair with Watershed and Capital Improvement Project (CIP) administrators.
Salvo started warning DeKalb early in the year of potential problems with the installation of water mains using #57 stone as bedding and backfill. However, the warnings were met with acts of retaliation such as multiple inspections, slow payment, bad references and mischaracterization of the private business to another county, etc.
We wrote a report on the specifications on water main installation and requested a meeting to avoid legal actions, harm to the public and poor media exposure. The report was addressed to ICEO Lee May and Executive Administrator Zachary Williams. We are writing this article in an attempt to explain, in layman terms, the past errors and warnings the general public must know about the water main break to prevent future water main breaks that create countywide crisis to include:
1. What set up the crisis? The following factors are alleged:
a. The biggest factor is the status of the water system itself.
b. There are 5 large mains leaving the Scott Candler Treatment plant.
c. The 5 large mains are as follows:
1. 30” Tilly Mill >Peachtree Corner>Claremont
2. 30” Tilly Mill>under old GM plant>N. Peachtree
3. 54” P’tree industrial to Winters Chapel
4. 48” P’tree industrial>Winters Chapel >Chamblee Tucker>Mercer Univ.
5. 48” Oakdale>N. Crest >Chamblee Tucker>Henderson Mill>Northlake
d. Only 1 of these 5 mains is functioning properly, #4. Number 4 is the main (water main) that caused the crisis last month.
e. The problems with the 4 water mains, 1, 2, 3 and 5, are as follows:
1. #1 has valves turned off and all indications are that the County does not know which valves, nor where they are.
2. #2 has been shut down for some time due to a slip lining failure. It’s the famous line that had a lane of I-85 shut down for months last year.
3. #3 has valves turned off and all indications are that the County does not know which valves nor where they are.
4. #5 has valves turned off and all indications are that the County does not know which valves nor where they are.
f. The proof that there are multiple valves shut off is the fact that the entire County lost water when #4 water main was depressurized.
g. If the system was functioning properly we should have been able to isolate the section at Henderson Mill and Evans for repair while the other mains rerouted the water to the rest of the County.
2. What is the County doing to address this issue? Time to ask questions and demand results.
3. What amplified July’s hydrant hit into a countywide crises? It is alleged:
a. County crews lacked experience working with these particularly difficult conditions.
b. County crews were sent out with inadequate equipment.
1. No shoring equipment;
2. Excavator was too small to reach down to the shutoff valve;
3. County supplied pumps failed. More than 10 pumps were brought to the site including 2 $70,000 8” Thompson pumps. 7 of the 10 pumps were useless, including the 8” pumps.
4. Bureaucratic decision to re-pressurize the main before the valve could be reached, causing considerably more damage than was necessary.
4. Warning: poor water main maintenance, lack of industry knowledge, poor working equipment and poor leadership will make water main repair problems more frequent and the “norm” instead of the exception. It is alleged:
a. We are one errant tunnel bore, one excavator bucket away from an even larger crisis. If a contractor who is drilling/boring or a contractor excavating strikes the 48” main then that will be the beginning of another huge crisis. We will be without running water for God knows how long while it is repaired.
b. If the only fully functioning transmission main #4 is actually struck, the County will be without water for days while it is repaired.
c. In addition, during the repair, the entire County water system will be completely drained.
d. This will cause an even bigger health crisis than the last time.
e. Many portions of the line will have to be sanitized before they will be safe, costing taxpayers’ huge amounts of money.
f. Re-pressurizing of the entire system will cause multiple line breaks that will need to be repaired at great expense.
5. Having thousands of residents and businesses in DeKalb County sitting in this dangerous situation while the County plays political games and favorites with the Watershed department is irresponsible.
6. We immediately need proper leadership at Watershed Management.
7. It is alleged that the last experienced man left at Watershed is XXXX XXXXX. He will be retiring in December. He is the most qualified man for the position based on his experience level with the County water system. Every effort should be made to retain his services.
https://www.scribd.com/doc/276025761/DeKalb-Water-Main-Break-An-After-Action-Report-to-Prevent-Past-Errors
Why Was Michael Bowers’ Name Removed as Lead Special Investigator on the 2nd Executive Order
Why Was Michael Bowers’ Name removed as Lead Special Investigator on the 2nd Executive Order?
The difference between ICEO Lee May’s Executive Order No. 2015-1 (1st Executive Order) and 2015-2 (2nd Executive Order)
By Viola Davis, August 9, 2015
Executive Order 2015-1, the 1st Executive Order, had the following language removed from the 2nd executive order. Michael J. Bowers’ name is not mentioned anywhere on the 2nd executive order. Please compare the major differences between the two documents.
In the 1st Executive Order, Michael J. Bowers and Richard L. Hyde’s names are listed as Special Investigators. The law firm of Balch & Bingham, LLP is also named in the 1st executive order. However, Bowers’ name and the law firm was removed from the 2nd executive order. See the language below:
NOW, THEREFORE, I, Lee N. May, Chief Executive Officer of DeKalb County, Georgia, in consideration of the aforementioned, do hereby appoint Michael J. Bowers and Richard L. Hyde as Special Investigators to provide a thorough systematic review of DeKalb County Government policies and procedures to identify any conflicts of interest, corruption or malfeasance and make specific recommendations in an effort to improve county operations, restore our image and the public’s trust in county government and order as follows:
1. The Special Investigators shall be independent and shall be appointed for a term, not less than 120 days, subject to extensions by the Chief Executive Officer necessitated by the findings of the Special Investigators. The Special Investigators shall be assisted by the law firm of Balch & Bingham, LLP or others they deem necessary to carry out their duties as Special Investigators.
The actions the Special Investigator shall perform were changed. The language from (a) through (f) were removed from the 2nd executive order. Please view the language (a) through (f) below:
a. Evaluate the need to establish an Inspector General office or a similar government position;
b. Review internal investigation protocols;
c. Review the County’s internal controls (Enterprise Risk Management);
d. Review personnel policies and procedures to ensure proper hiring practices;
e. Review the County’s financial controls to ensure the Finance and Budget Departments are achieving their objectives;
f. Review the DeKalb County Ethics Code and other existing county oversight mechanisms to ensure that the county is operating with the highest ethical standards;
The responsibilities of current officials and employees under the authority of the Chief Executive Officer were completely removed from the 2nd executive order. See the language that was removed below:
4. Responsibilities of current officials and employees under the authority of the Chief Executive Officer:
a. In addition to any other reporting obligations, promptly report to the Special Investigators any information concerning corruption, fraud, criminal activity, conflicts of interest or of other allegations of misconduct in DeKalb County government;
b. Interference with, obstruction of or dishonesty with the Special Investigators, or their designees, by an official or employee of DeKalb County Government under the direction of the Chief Executive Officer may constitute cause for disciplinary action, up to and including removal from office or employment or other appropriate penalty;
c. Prior to any such questioning, the official or employee, upon request, shall be afforded a reasonable period of time to obtain legal representation at his or her own cost;
d. No official or employee who complies with this directive shall be subject to retaliatory dismissal, discipline or other adverse personnel action, based upon a truthful report.
The penalty phase was removed from the 2nd executive order:
The refusal of any official or employee to answer questions or to fully cooperate with the Special Investigators may be cause for disciplinary action, up to and including removal from office or employment or other appropriate penalty.
The fees due to be paid to Mr. Bowers and all his attorneys were removed from the 2nd executive order. View the language below:
a. The Special Investigators shall be paid for this investigation as follows: Mr. Bowers and all attorneys will bill at a flat rate of $400 per hour; Mr. Hyde and all investigators, at a flat rate of $300 per hour. Paralegals will bill at $150 per hour. The Special Investigators will submit a monthly report to the Chief Executive Officer detailing the hours worked by individual and by task; this report shall include all expenses of the investigation incurred to date.
In Executive Order 2015-2 (2nd Executive Order), Richard L. Hyde’s name is mentioned as the Special Investigator and Michael J. Bowers’ name is removed. The law firm of Balch & Bingham, LLP was also removed. View the new language below:
NOW, THEREFORE, I, Lee N. May, Chief Executive Officer of DeKalb County, Georgia, in consideration of the aforementioned, do hereby appoint Richard L. Hyde as Special Investigator to provide a thorough systematic review of DeKalb County Government policies and procedures to identify any conflicts of interest, corruption or malfeasance and make specific recommendations in an effort to improve county operations, restore our image and the public’s trust in county government and order as follows:
The 2nd Executive Order had the following language added to include:
A. Prior to any questioning by the Special Investigator or his assistants, the official or employee, upon request, shall be afforded a reasonable period of time to obtain legal representation at his or her own cost;
B. When an employee is requested to give information or participate in an interview, the employee shall be apprised through signing an agreement of his or her right to remain silent; that anything said may be used against him or her in both a criminal or administrative proceeding; and that he or she cannot be disciplined for remaining silent.
The effective date was changed:
a. This Executive Order shall take effect immediately upon signature and publication. This Executive Order, along with Executive Order No. 2015-1, supersedes and replaces the Executive Order issued on March 18, 2015.
We placed copies of both Executive Orders online for the public to review. Once we have copies of the funds paid to the Special Investigators, we will post copies of the checks.
If you have any questions, please email us at UnhappyTaxpayers@gmail.com.
https://www.scribd.com/doc/274036681/Why-Was-Michael-Bowers-Name-Removed-as-Lead-Special-Investigator-on-the-2nd-Executive-Order