Unhappy Taxpayer & Voter and Restore DeKalb Request DA and Solicitor General Prosecute Judy Brownlee
PRESS RELEASE
FOR IMMEDIATE RELEASE
JUNE 24, 2016
FROM: Viola Davis, Co-Founder
Unhappy Taxpayer and Voter
CONTACT:
Phone: 770-256-0034
Email: UnhappyTaxpayers@gmail.com
Website: http://unhappytaxpayerandvoter.com
Fact Sheet: Unhappy Taxpayer & Voter and Restore DeKalb is requesting District Attorney Robert James and Solicitor General Sherry Boston Prosecute Judy Brownlee to the “Fullest Extent” of the Law
Unhappy Taxpayer and Voter and Restore DeKalb is requesting District Attorney Robert James and Solicitor General Sherry Boston prosecute Judy Brownlee to the “fullest extent” of the law, especially after the May 16, 2016 ruling of the DeKalb County Board of Ethics for the following state law violations to include:
1) Failure to properly preserve government records in violation of the Georgia Records Act O.C.G.A. 50-18-90 et seq. and 22A (c) (7) of the Ethics Code (Engaging in an activity prohibited by law). Specifically, failure to maintain purchase card receipts.
2) Theft by taking, theft by deception, false certification by employee, making a false statement in violation of O.C.G.A 16-8-3, 16-10-9 and 16-10-20 and 22A (c ) (7) of the Ethics Code (Engaging in an activity prohibited by law). Specifically, purchase of gift cards with County funds for personal use, improper purchase of personal items on government issued purchasing card without reimbursement to the County in many cases.
3) Theft by deception, false certification by employee, making a false statement in violation of O.C.G.A. 16-10-3, 16-10-8 and 16-10-21 (b) and 22A (c) (7) of the Ethics Code (Engaging in an activity prohibited by law). Specifically, use of County time to attend political event.
Unhappy Taxpayer & Voter and Restore DeKalb continue to be victorious in holding elected officials and government staff accountable for violating the public’s trust. We originally filed our complaint against Commissioner Sharon Barnes Sutton and Judy Brownlee on May 30, 2014. We have waited patiently for nearly two years for justice.
We presented an earlier ethics complaint against Commissioner Sharon Barnes Sutton and Judy Brownlee to the DeKalb County Board of Ethics that was well documented and showed Barnes Sutton and Brownlee violated codes within Section 22A (c) (1-7) of the DeKalb County Code of Ordinances known as the Code of Ethics, as well as violation of state statutes.
Unfortunately, Barnes Sutton filed a lawsuit against the Board of Ethics proclaiming the board was unconstitutional. She questioned the authority of the board to sit in judgment of officials’ behavior, arguing that it undermines the fundamental due process rights. Despite DeKalb voters approving the new ethics law by 92% back in November of 2015, Sharon Barnes Sutton delayed the ethics board hearings which ultimately denied the public justice.
On February 9, 2016, Unhappy Taxpayer and Voter and Restore DeKalb requested the appointment of a Special Prosecutor and expansion of the Public Integrity Unit to help restore public trust. We initially submitted our request to the DeKalb County Board of Ethics concerning our ethics complaint against Commissioner Sharon Barnes Sutton and Judy Brownlee due to our strong belief that the charges were criminal in nature.
However, Commissioner Sharon Barnes Sutton has chosen to sue the DeKalb County Board of Ethics as a delay tactic. We questioned the reason Commissioner Barnes Sutton waited until her final hearing (approximately 1 ½ years) to initiate her lawsuit.
History of criminal charges against elected officials and government staff:
1. Burrell Ellis
a. Burrell Ellis, former CEO of DeKalb County, was charged with 15 felony counts in his initial indictment in 2013.
b. The initial indictment included theft by taking, criminal attempt to commit false statements and writings, and coercion of other employee to give anything of value for political purposes.
2. Clarissa Brown
a. Clarissa Brown, former executive assistant to DA Robert James, received a ten count felony indictment for stealing on purchase cards.
b. Unhappy Taxpayer & Voter requested the purchase card charges for Clarissa Brown on December 9, 2014 through an Open Records Request:
i. Gwinnett case number 15-FT-00594-8 (Quasi – Fast Track Case) was filed two years after Brown was fired approximately December 29, 2015.
ii. Brown pleaded guilty January 2016.
c. Clarissa Brown was fired from her position after the violations were discovered and DA Robert James requested a special prosecutor.
d. Clarissa Brown pleaded to ten counts of felony for theft by taking, etc.
e. Brown pleaded guilty to using her government charge card for car repairs, property taxes and plane tickets.
3. Bob Lundsten
a. Bod Lundsten was indicted with nine counts of felony in 2014-2015.
b. Bob Lundsten’s indictment was for as little as $300.00 despite his repayment of prior questionable charges.
c. Bob Lundsten was originally charged with six counts of theft by taking and three counts of making false statements.
d. The charges against Bob Lundsten were decreased to misdemeanors in an out of court settlement.
e. Under an agreement with prosecutors, Lundsten pleaded guilty to three counts of misdemeanor obstruction.
4. Stan Watson
a. Stan Watson was accused of Driving Under the Influence (DUI) after an altercation against two women in a local club.
b. Stan Watson was videotaped by local police and a police report was written that provided serious accusations of DUI.
c. Solicitor General Sherry Boston requested a special prosecutor to intervene to review Stan Watson’s case for prosecution.
We submit that the charges voted on by the DeKalb County Board of Ethics involve violations of state statutes. We believe that our ethics complaint rises to criminal charges. These criminal charges must be address by both our District Attorney and Solicitor General to “truly” restore the public’s trust and remind everyone that laws are enforced “equally”. We are forwarding the complaint with supporting documentation from the Board of Ethics to both departments to examine for prosecution.
If these charges create a conflict of interest situation, Unhappy Taxpayer and Voter and Restore DeKalb are once again requesting the appointment of a Special Prosecutor.
We request the prosecution of Judy Brownlee because new evidence, documentation and witnesses have come forth to prove the code of ethics and the “state laws” were violated. The additional information proved that the actions of a select group of elected officials and top administrators undermined the law to the point that the ethics case against Judy Brownlee would need to be forwarded to the District Attorney and Solicitor General for prosecution.
The serious complaints against Judy Brownlee are presented for the purposes of requesting these issues move forward. Thus far, we have presented complaints that have enough evidence to warrant criminal investigations. We have presented complaints that are factual, well researched and command results. There are those who claim we must end these cases for the county to move forward. However, how can we end cases that have never “really been open”.
Our request for the prosecution of Judy Brownlee must be addressed by the District Attorney and/or Solicitor General to ensure justice. We request equal justice under the law. We ask for an appointment of a Special Prosecutor by Attorney General Sam Olens if anyone views such actions as a conflict of interest.
Read an article at the link: http://crossroadsnews.com/news/2016/jun/03/ethics-board-fines-barnes-sutton-aide/
https://www.scribd.com/document/317834755/Prosecution-of-Sharon-Barnes-Sutton-and-Judy-Brownlee-to-the-Fullest-Extent-of-the-Law
Immediate Press Release – Justice Delayed is Justice Denied
PRESS RELEASE
FOR IMMEDIATE RELEASE
November 12, 2015
FROM: Viola Davis, Co-Founder
Unhappy Taxpayer and Voter
CONTACT:
Phone: 770-256-0034
Email: UnhappyTaxpayers@gmail.com
Website: http://unhappytaxpayerandvoter.com
Justice Delayed is Justice Denied
“Justice Delayed is Justice Denied”, stated by William E. Gladstone, a British politician who served four terms as Prime Minister, and Dr. Martin Luther King, Jr. wrote “Justice Too Long Delayed is Justice Denied” in his letter from the Birmingham jail in 1963. As government watchdogs and community missionaries, it is our opinion that the ruling by Superior Court Judge Courtney Johnson to stay the ethics hearing scheduled for November 12, 2015 was based on inaccurate and misleading information that she received from Commissioner Sharon Barnes Sutton’s attorney, Dwight L. Thomas. We view this action to be nothing more than a delay tactic that denies the taxpayers and voters of DeKalb County justice.
We initially filed the ethics complaint against Barnes Sutton and her top aide, Judy Brownlee, on May 30, 2014 (not on or about March 27, 2015 as stated in Thomas’ motion) with the addition of the 1st amendment on June 10, 2014. We received the support of Restore DeKalb in our efforts to ensure transparency, ethics and accountability. We work with several coalitions to hold our elected officials accountable to remove this “Cloud of Corruption”. The complaint is over 17 months old.
Throughout 2014 and 2015 thus far, we have submitted many amendments and summaries to this complaint. Dwight Thomas stated in the motion that the Complainant, Viola Davis, was a “no show” without identifying the fact that a continuance for medical issues was requested within the time limit, not to mention the 1st and only continuance requested after waiting over 15+ months for the “preliminary hearing”. Thomas also stated that no evidence was presented, despite the fact that over 699 pages (total collective pages) of documentation was presented to the Board of Ethics, a majority of which was placed online with over 6,773 views (total collective views).
It is unfortunate that the most protected position in this “right to work” state of Georgia is the taxpayers’ funded position called “elected officials”. This complaint demonstrates the tactics used to demean taxpayers and voters who attempt to hold elected officials accountable and/or attempt to petition the government.
Our original complaint is online and has over 1,486 views – please view the link: http://www.scribd.com/doc/230079667/Commissioner-Sharon-Barnes-Sutton-and-Judy-Brownlee-Ethics-Complaint-and-Amendment.
To date, we have filed a total of three complaints in our attempt to hold DeKalb County elected officials and government staff accountable to include:
1. Kelvin Walton and Nina Hall complaint titled, “Restore Public Trust Ethics Complaint” was filed March 17, 2014 (15 pages and 3,049 views). Kelvin Walton resigned and Nina Hall was terminated on October 6, 2014. Both were involved in the conviction of CEO Burrell Ellis. CEO Burrell Ellis was convicted of one count of criminal attempt to commit theft by extortion and three counts of perjury on approximately July 8, 2015. View link – https://www.scribd.com/doc/212831368/Restore-Public-Trust-Ethics-Complaint
2. Elaine Boyer and Bob Lundsten complaint was filed April 3, 2014 (23 pages and 1492 views). Boyer pled guilty on September 3, 2014 to charges of mail and wire fraud. She was sentenced to 14 months in federal prison for defrauding DeKalb taxpayers and to pay $87,350 in restitution to the county. View link – https://www.scribd.com/doc/218015213/Commissioner-Elaine-Boyer-and-Bob-Lundsten-Ethics-Complaint
3. Sharon Barnes Sutton and Judy Brownlee complaint filed May 30, 2014 (33 pages and 1486 views). View link – https://www.scribd.com/doc/230079667/Commissioner-Sharon-Barnes-Sutton-and-Judy-Brownlee-Ethics-Complaint-and-Amendment
We intend to finish this process in our efforts to hold our elected officials accountable. We ask the taxpayers and voters to get more involved in our movement to root out corruption in DeKalb County. We ask everyone to review the Barnes Sutton attorney’s Motion to Stay, this press release, along with a timeline of actions we have taken in an attempt to hold Barnes Sutton and Brownlee accountable.
We are providing everyone with a timeline, dating back to the date of our original complaint which was May 30, 2014. Our intention in providing this timeline was to encourage the DeKalb Board of Ethics to take immediate steps to proceed post haste and take our requested actions so that public trust in our DeKalb County government is restored. We need no more delays and/or excuses that only favor the accused elected official, Commissioner Sharon Barnes Sutton. View the link – https://www.scribd.com/doc/289418235/Justice-Delayed-is-Justice-Denied-With-Barnes-Sutton-and-Brownlee-Timeline
View the AJC article written by Mark Niesse (11/10/2015), “Ethics case against DeKalb Commissioner Sutton put on hold” – http://www.ajc.com/news/news/local-govt-politics/ethics-case-against-dekalb-commissioner-sutton-put/npKkM/
The timeline of our submittal of information and documents is as follows:
Sharon Barnes Sutton and Judy Brownlee Timeline
a. May 30, 2014 and June 10, 2014 – Commissioner Sharon Barnes Sutton and Judy Brownlee Ethics Complaint and Amendment – (33 pages and 1354 views); this is the original ethics complaint with an amendment submitted with the support of Joel Edwards, Willie Pringle, Sandra Holmes and Viola Davis. The complaint was uploaded to the Internet 6/17/2014.
b. June 17, 2014 – Commissioner Sharon Barnes Sutton and Judy Brownlee Ethics Complaints and Amendment – Document 1 – (27 pages and 152 views); Published online 6/17/2014.
c. June 17, 2014 – Commissioner Sharon Barnes Sutton and Judy Brownlee Ethics Complaint and Amendment Document 2 – (67 pages and 113 views). This was supporting documentation and evidence on the complaint and published online 6/17/2014.
d. June 26, 2014 – Sharon Barnes Sutton and Judy Brownlee Final P-cards – Doc Spending by District 4 – (25 pages and 139 views); Full print out of the purchases on the p-card for the public to see and published online 6/26/2014.
e. July 10, 2014 – Documentation on Monica Parrott’s Open Records Request for Official Government Information regarding Commissioner Kathie Gannon – (24 pages and 734 views); published online July 11, 2014.
f. October 10, 2014 – Commissioner Sharon Barnes Sutton and Judy Brownlee Ethics Complaint and Amendment II – (81 pages and 124 views) – Summary of information the ethics board’s investigator requested during a telephone conversation concerning Barnes Sutton and Brownlee ethics complaint. We expanded the complaint to include voting on contracts when Barnes Sutton’s immediate family member worked for the company. Published online 10/11/2014.
g. October 11, 2014 – Conflict of Interest and Ethics Complaint against Sharon Barnes Sutton and Judy Brownlee – (21 pages and 27 views) – the document was published online October 11, 2014 as a private document. This document has copies of the contracts printed on the Board of Commissioner’s agenda that Barnes Sutton voted on.
h. October 23, 2014 – Restore Public Trust Memorandum to the FBI, GBI and Inspector General – (9 pages and 1093 views) – published online 10/23/2014.
i. October 25, 2014 – DeKalb County P-Card Audit: Sharon Barnes Sutton – (22 pages and 948 views) – published online 10/25/2014.
j. November 1, 2014 – 2nd Amendment to the Code of Ethics Complaint Filed against Commissioner Sharon Barnes Sutton and Judy Brownlee – (7 pages and 122 views); published online 11/19/2014.
k. December 3, 2014 – Commissioner Sharon Barnes Sutton Documents and Copies of Checks to Companies without a Business License – (71 pages and 27 views) – published online 12/3/2014.
l. December 3, 2014 – Commissioner Sharon Barnes Sutton Document 2 on $10,000 Check – (4 pages and 136 views); published online 12/3/2014.
m. December 19, 2014 – Commissioner Sharon Barnes Sutton’s New Ethics Complaint of Alleged Malfeasance – (95 pages and 144 views); published online 12/19/2014.
n. Interim CEO Lee May Requests Independent Auditor in 60 Days – (8 pages and 285 views) – published online 1/18/2015.
o. January 8, 2015 – Restore Public Trust Memorandum to the DeKalb County Board of Ethics, FBI, GBI and/or Inspector General to Expand the Investigation for Possible RICO Violations – the document was delivered to multiple law enforcement agencies and the Board of Ethics. However, the document was not placed online.
p. March 3, 2015 – DeKalb County Board of Ethics requested a comprehensive report detailing and summarizing the ethics complaint against Sharon Barnes Sutton and Judy Brownlee.
q. March 27, 2015 – A comprehensive report detailing and summarizing the ethics complaint against Sharon Barnes Sutton and Judy Brownlee was submitted to the DeKalb County Board of Ethics with attachments and supporting evidence/documentation. On March 27, 2015, we hand delivered the requested document to the DeKalb County Clerk, Barbara Sanders.
r. May 4, 2015 – The Board of Ethics was emailed an update on the Barnes Sutton and Brownlee ethics complaint with multiple attachments to include:
i. Summary of the Ethics Complaint against Sharon Barnes Sutton and Judy Brownlee with Code and Law Violations (44 pages) – published online 7/26/2015.
ii. Commissioner Sharon Barnes Sutton and RightThink Associates Multiple Charges/Payments – Part 1 (12 pages) – published online 7/26/2015.
iii. Judy Brownlee Alleged Falsified Documents – Part 2 (16 pages) – published online 7/26/2015.
iv. Summary of the Investigative Report on Elaine Boyer (43 pages) – highlight the statements regarding Sharon Barnes Sutton and Judy Brownlee given by Boyer; published online 7/26/2015.
s. May 14, 2015 – DeKalb County Board of Ethics meeting was cancelled. The ethics complaint against Barnes Sutton and Brownlee continue to be listed on the agenda under status report – pending matters.
t. May 20, 2015 – Government Watchdog files complaint with Attorney General of Georgia concerning Barnes Sutton’s and others refusal to answer Open Records Requests. (26 pages with 560 views)
u. May 29, 2015 – Ethics Board informed Sharon Barnes Sutton’s attorney of a preliminary hearing to be held on June 22, 2015.
v. June 5, 2015 – Sharon Barnes Sutton’s attorney, Quinton Washington, filed a motion to withdraw as counsel for Barnes Sutton because she failed to comply with the terms of representation.
w. June 17, 2015 – Five days prior to the schedule Board of Ethics meeting, Attorney Dwight Thomas informed the Board of Ethics and complainant that he was retained to represent Sharon Barnes Sutton; however, Thomas requested a continuance to a mid-September, 2015 date. He stated his request for a continuance was due to recent medical issues and the need to review and prepare.
x. June 22, 2015 – DeKalb County June 22, 2015 Ethics Board meeting cancelled due to the fact that proper legal notice was not issued through DeKalb County Communications, even though the Ethics Board supplied the agenda in a timely manner. Preliminary hearings for complaints against Barnes Sutton and Brownlee were on the agenda.
y. July 27, 2015 – DeKalb County Ethics Board July 27, 2015 meeting cancelled due to lack of a quorum. Preliminary hearings for complaints against Barnes Sutton and Brownlee were on the agenda.
i. Summary of the Ethics Complaint against Sharon Barnes Sutton and Judy Brownlee with Code and Law Violations (44 pages with 8 views) – published online 7/26/2015.
ii. Commissioner Sharon Barnes Sutton and RightThink Associates Multiple Charges/Payments – Part 1 (12 pages with 8 views) – published online 7/26/2015.
iii. Judy Brownlee Alleged Falsified Documents – Part 2 (16 pages) – published online 7/26/2015.
iv. Summary of the Investigative Report on Elaine Boyer (43 pages with 22 views) – highlight the statements regarding Sharon Barnes Sutton and Judy Brownlee given by Boyer; published online 7/26/2015.
z. July 31, 2015 – 3rd Comprehensive Report and Summary of the Ethics Complaint against Barnes Sutton and Brownlee
aa. August 09, 2015 – 3rd Comprehensive Report and Summary of the Ethics Complaint against Barnes Sutton and Brownlee (published online 8/09/2015, 18 pages with 299 views)
bb. August 13, 2015 – PowerPoint Presentation – Restore Public Trust Complaint on Commissioner Barnes Sutton and Judy Brownlee – request to expand the RICO Investigation and Criminal Forensic Audit. (46 pages with 468 views)
cc. August 14, 2015 – Georgia Chidi published an article titled, “DeKalb: No One Watches the Watchmen”. Chidi writes in detail the frustration experienced by Viola Davis and Joel Edwards concerning the ethics complaints filed and the lack of accountability/enforcement.
dd. August 14, 2015 – John Ernst resigned his position as Chairman and member of the DeKalb County Board of Ethics. (1 page with 871 views)
ee. September 11, 2015 – Gene Chapman, attorney for the Board of Ethics, inform Viola Davis and Joel Edwards of a preliminary hearing set for September 22, 2015 regarding the complaint against Commissioner Sutton.
ff. September 12, 2015 – Viola Davis requested a continuance until the month of November. (Request made within time limit)
gg. September 14, 2015 – Viola Davis answered Gene Chapman’s request concerning the complaint against both Barnes Sutton and Brownlee evidenced by reminding everyone that the board agreed to hear both cases together due to a 15+ month wait for the initial preliminary hearing. We also stated the fact that we have not made one request for a continuance since the complaint was initially filed, despite the multiple delays our total three cases have endured.
hh. September 22, 2015 – Preliminary Hearing for Commissioner Sharon Barnes Sutton continues to be heard despite our request for our 1st and only continuance after 15+ months of delays. Sutton waived a preliminary hearing and the Board of Ethics found probable cause to continue its review of several allegations against her aide, Judy Brownlee.
ii. September 30, 2015 – Special Investigators Michael Bowers and Richard Hyde delivered a 40 page report to ICEO Lee May. In this report, it is stated that Commissioner Sharon Barnes Sutton paid her law firm with taxpayers’ money to represent her on personal tax and car payment matters.
jj. October 2015 – No hearing held for Davis and Edwards.
kk. November 1, 2015 – We requested a subpoena for the director and other employees from the Clerk’s Office of the CEO/Commissioners, owner of MME, Judy Brownlee, and Kelvin Walton.
i. We forward additional attachments from an Open Records Request that have audits dating back to 2010-2011 and a comprehensive audit of the p-cards dated 2013 that proves that District 4 Commissioner Barnes Sutton willfully misused the p-card and violated the law. See attachment 1,2,3,4 and Excel Spreadsheet 2010-3-26 Open Records Request for Atlanta Unfiltered.
ii. We have the Excel spreadsheet that shows multiple payments of the $20,000 for a total of $60,000 to RightThink. We need these documents forwarded to the FBI, GBI and District Attorney for further follow up.
iii. We also have the county’s policy on conflict of interest. We want to place the document into the records for our cases.
ll. November 2, 2015 – Dwight L. Thomas, attorney for Commissioner Sharon Barnes Sutton, sent a letter to Gene Chapman, counsel for the Board of Ethics, explaining his intent to challenge the Board of Ethic’s procedures and authority in a court. Thomas stated he believes the Board of Ethic to be an unconstitutional delegation of power by the local legislation of DeKalb County.
mm. November 3, 2015 – Victor Hartman, investigator to DeKalb County Board of Ethics, submitted a witness list for Viola Davis, Joel Edwards, Rhea Johnson, Natasha Kennedy, Cornelia Louis, Wayne Williams, and himself.
nn. November 5, 2015 – Dwight L. Thomas, attorney for Plaintiff Sharon Barnes Sutton, asked the ethics board to subpoena and/or call Warren Mosby, Michael Sutton, and O.H. Plunkett per witness list.
i. Dwight Thomas filed a Writ of Prohibition: Mandamus and Verified Complaint for Declaratory Judgment, Preliminary and Permanent Injunctive Relief.
ii. Thomas claims the complaint was filed March 27, 2015. However, the initial complaint was actually filed May 30, 2014 and the 1st amendment was filed June 10, 2014.
iii. Thomas claims Viola Davis, Community Missionary representing Unhappy Taxpayers, was a no show and presented no evidence to support the complaint. Thomas neglected to state the fact that a continuance was requested. This was the 1st and only continuance requested over the entire 15+ month period. (Justice Delayed is Justice Denied)
iv. Where is Equal Protection under the LAW?
oo. November 9, 2015 at 9:41pm – Vic Hartman informed Viola Davis, Joel Edwards and Rhea Johnson the hearing scheduled for November 12, 2015 was cancelled.
pp. November 10, 2015 – Gene Chapman explained the cancellation was due to a challenge to the Board’s procedure and authority in a court.
qq. November 11, 2015 – Immediate Press Release issued titled, Justice Delayed is Justice Denied” with a timeline of over 16+ months of legal and procedural delays to remove transparency, ethics and accountability from the taxpayers and voters of DeKalb County.
In conclusion:
The 3rd summary of the ethics complaint against Barnes Sutton and Brownlee was presented on July 31, 2015 for the purpose of requesting no more delays on moving forward on these complaints. Thus far, we have presented complaints that have enough evidence to warrant criminal investigations. We have presented complaints that are factual, well researched and command results. There are those who claim we must end these cases for the county to move forward. However, how can we end cases that have not ever “really been opened”.
Public trust and confidence in the integrity of our governing authority is at an all-time low. Laws, with respect to conduct of members of our governing authority, are established to protect against conflicts, criminal activity, wrongdoing and malfeasance.
In order to restore trust and confidence in our county government, the “Cloud of Corruption” must be removed and we respectfully implore you, the FBI, GBI, District Attorney and DeKalb County Board of Ethics to take immediate action.
Once again, we have presented enough documentation and evidence to have this case classified as a RICO case. We also need a criminal forensic audit. If you have questions or require additional information, I can be contacted at the phone and/or email listed below.
Respectfully presented,
Viola Davis
Community Missionary
Public Alert: Demand RICO Investigation and Criminal Forensic Audit
As requested by the DeKalb County Board of Ethics on 3/3/2015, I, Viola Davis, with Unhappy Taxpayer & Voter and Restore DeKalb, submitted a comprehensive report on 3/27/2015 detailing and summarizing the ethics complaint (alleged criminal activity, wrongdoing and malfeasance), against Sharon Barnes Sutton and Judy Brownlee within DeKalb County government.
I had and continue to have the support of Restore DeKalb with Joel Edwards and a group of citizens striving to “restore” transparency, ethics and accountability in our local and state government.
We summarized our Code of Ethics Complaint against Commissioner Sharon Barnes Sutton and Judy Brownlee to 1)answer the reply submitted by Barnes Sutton’s attorney at that time, Quinton Washington; 2)We clarified questions submitted by the Board of Ethics and their investigator; 3)We also submitted new documentation to justify additional charges of wrongdoing.
Again, we issue this third summary of our ethics complaint to ensure there is transparency, ethics, and accountability in DeKalb County government. We continue to strive to clarify our charges and are joined as a coalition to hold elected officials and their staff person accountable for violating the public’s trust.
Commissioner Sharon Barnes Sutton & Judy Brownlee – 3rd Comprehensive Report & Summary of the Ethics Complaint
3rd Comprehensive Report & Summary of the Ethics Complaint for Barnes Sutton and Brownlee
Presented By Viola Davis and Joel Edwards
As requested by the DeKalb County Board of Ethics on 3/3/2015, I, Viola Davis, with Unhappy Taxpayer & Voter and Restore DeKalb, submitted a comprehensive report on 3/27/2015 detailing and summarizing the ethics complaint (alleged criminal activity, wrongdoing and malfeasance), against Sharon Barnes Sutton and Judy Brownlee within DeKalb County government. I had and continue to have the support of Restore DeKalb with Joel Edwards and a group of citizens striving to “restore” transparency, ethics and accountability in our local and state government.
We summarized our Code of Ethics Complaint against Commissioner Sharon Barnes Sutton and Judy Brownlee to 1)answer the reply submitted by Barnes Sutton’s attorney at that time, Quinton Washington; 2)We clarified questions submitted by the Board of Ethics and their investigator; 3)We also submitted new documentation to justify additional charges of wrongdoing.
Again, we issue this third summary of our ethics complaint to ensure there is transparency, ethics, and accountability in DeKalb County government. We continue to strive to clarify our charges and are joined as a coalition to hold elected officials and their staff person accountable for violating the public’s trust.
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