DeKalb LSBE Vendors Call For RICO Investigation and Criminal Forensic Audit
MEMORANDUM
TO: DEKALB TAXPAYER AND VOTER AND MEDIA OUTLETS
FROM: VIOLA DAVIS WITH UNHAPPY TAXPAYER AND VOTER
SUBJECT: DEKALB LSBE VENDORS CALL FOR RICO INVESTIGATION AND CRIMINAL FORENSIC AUDIT
DATE: MAY 19, 2015
CC: DEKALB HOMEOWNER ASSOCIATIONS, PRIVATE AND PUBLIC ORGANIZATION IN DEKALB COUNTY, LOCAL AND STATE MEDIA, DEKALB WATCHDOG ORGANIZATIONS, GEORGIA WATCHDOGS, ACTING U.S. ATTORNEY JOHN A. HORN, DEKALB COUNTY BOARD OF ETHICS, SPECIAL AGENT DEPARTMENT OF ENERGY AND ATLANTA FBI, DISTRICT ATTORNEY ROBERT JAMES, BARBARA SANDERS, RESTORE DEKALB AND ALL APPROPRIATE PARTIES
DeKalb LSBE Vendors Call for RICO Investigation and Criminal Forensic Audit
I, Viola Davis, with Unhappy Taxpayer & Voter, submit this memorandum detailing alleged criminal activity, wrongdoing and/or malfeasance within DeKalb County government. I have the support of Restore DeKalb, a group of citizens striving to “restore” transparency, ethics and accountability in our local and state government.
I submit this memorandum on behalf of Hopie Strickland, owner of Strickland & Son Construction, and Loretta Washington P.E., owner of LCW Engineering, Inc. Strickland and Washington, DeKalb Local Small Business Enterprise (LSBE) Vendors and others, have created videos to explain the reasons they are calling for a RICO investigation and criminal forensic audit of the LSBE program. Between the two, over 3-4 local and federal complaints were filed concerning alleged criminal activity. Last but not least, they are also requesting that federal investigator subpoena checks paid to LSBE Vendors who participated in the LSBE program to verify local small businesses were paid the 20% contractual agreement.
Video of Hopie Strickland – LSBE Vendor
Video of Loretta Washington – LSBE Vendor
WSBTV Video
Government Watchdog Files Complaint with Attorney General of Georgia Due To DeKalb County’s Refusal to Open Records Request
MEMORANDUM
TO: SAM OLENS, ATTORNEY GENERAL OF GEORGIA
FROM: VIOLA DAVIS WITH UNHAPPY TAXPAYER & VOTER
SUBJECT: GOVERNMENT WATCHDOG FILES COMPLAINT WITH ATTORNEY GENERAL OF GEORGIA DUE TO DEKALB COUNTY’S REFUSAL TO ANSWER OPEN RECORDS REQUEST
DATE: MAY 19, 2015
CC: ICEO LEE MAY, DEKALB BOARD OF COMMISSIONERS, RESTORE DEKALB, GEORGIA WATCHDOGS, DEKALB COUNTY WATCHDOGS AND ALL APPROPRIATE PARTIES
Government Watchdog Files Complaint with Attorney General of Georgia Due To DeKalb County’s Refusal to Answer Open Records Request
I, Viola Davis, Founder of Unhappy Taxpayer & Voter, submitted a summary of the Open Records Requests denied and/or partially answered by DeKalb County Government to Burke Brennan, DeKalb County Press Secretary, on March 27, 2015. I also informed Interim CEO Lee May and DeKalb County Board of Commissioners of the denied requests.
The prior summary was directed to Burke Brennan per his request. The method in which our Open Records Requests were handled demonstrates a disparity and unequal treatment when private citizens and watchdog organizations submit requests to DeKalb County. However, Burke Brennan delivered four discs to me during a Board of Commissioner’s meeting to answer the request for Kelvin Walton’s emails from January 1, 2010 to the last day of Walton’s employment. Unfortunately, the four discs neglected to answer the following requests:
1. The original Open Records Request made October 8, 2014 to John Matelski, Chief Information Officer, and Barbara Sanders.
2. January 29, 2015 – We sent an email voicing our concern that our Open Records Request was over 3 months old. Michelle Vernon stated they were working on the federal subpoena. We reminded the department that we corrected our Open Records Request a long time ago to extend the dates to the last day Kelvin Walton worked for DeKalb County, or had access to DeKalb County records.
3. The four discs did not include all of Kelvin Walton’s emails for 2013 and 2014.
4. The four discs included emails for 2015 sent to Walton’s email, after Kelvin Walton left employment with DeKalb County.
5. The fact that the county kept Walton’s email account open after he left employment with DeKalb County needs to be investigated.
6. Why did the county purposely refuse to provide Kelvin Walton’s 2013 and 2014 emails to our watchdog ministry? However, they gave us emails dated 2015.
We request the Attorney General of Georgia, Sam Olens, investigate DeKalb County’s negligence and total disregard to adhering to the Georgia Open Records law and the pattern of behavior that “thumbs its nose” at private citizens and watchdog organizations. We plan to file a complaint with Attorney Georgia Sam Olens to hold DeKalb County accountable and restore public trust.
No Cell Towers On School Grounds Campaign – We Won!
Statement from Get the Cell Out – Atl: Congratulations to everyone involved in every community who helped bring this subject to the forefront of their conversations and who held their elected officials accountable for their actions. And thank you to every person involved in this fight and similar battles taking place across the country. Your willingness to put yourself on the line in order to learn the truth and face skeptics should be an inspiration to others. We would never been able to stand up to the “system” here if there were not success stories of others who had faced the same Goliath, and won their battle before ours.
We appreciate Commissioner Rader and the entire DeKalb County Board of Commissioners for stepping up and taking on this fight against T Mobile while upholding the zoning code in our communities.
Regardless of any bad publicity you may have heard about our county commissioners,
they at least did the right thing for the communities they serve when they all signed a
letter to the CEO’s office, advising that any attempt to gain an “administrative permit”
instead of using the proper channels should be denied and our county’s zoning ordinances
should be upheld.
If you have not educated yourself about the many adverse effects that have been documented about cell phone towers, please look over the many sources available on our website or email us with questions. A good source of information can also be found at the Center for Safer Wireless – http://thecenterforsaferwireless.us.
http://www.GetTheCellOutATL.org
Email:sayno2celltowers@yahoo.com
We also encourage everyone to thoroughly read the new zoning ordinance as suggested by Commissioner Rader and voice any feedback to the county commissioners and CEO’s office as soon as possible.
Federal Judge Backs DeKalb on Denying Cell Tower Permits
In 2011, T-Mobile and the DeKalb Board of Education proposed to build cell towers on 11 school properties located in residential areas. Many citizens and parents organizations were concerned and asked DeKalb County to act. At the urging of Commissioner Kathie Gannon, the DeKalb Board of Commissioners wrote then CEO Ellis and asked that the administration refuse to issue building permits because the tower locations, while on school properties, are zoned residential, which does not permit cell phone towers. The cell tower company and the DeKalb School Board challenged the right of County government to enforce its zoning code on school properties. Recently Federal District Judge Thrash ruled that the County acted properly in refusing to issue the building permits.
“I’m pleased with the Federal Court ruling and that DeKalb enforced this protection of our neighborhoods,” said Gannon. “The cell towers will not be built on the school properties.”
The Commissioner can be reached: http://www.kathiegannon.com or email kgannon@dekalbcountyga.gov.
Cell-phone Tower Update
One of the most pervasive signs of our mobile communications society is the proliferation of cell phone towers across the landscape. In DeKalb, the mobile communications revolution occurred after the widespread development of the landscape, so the infill installation of these structures has been perceived as intrusive in many residential neighborhoods. One recent decision and one pending regulation are relevant and noteworthy.
The recent noteworthy decision is the dismissal of a suit against DeKalb County by T-Mobile, a cellular provider. T-Mobile had sued DeKalb seeking a building permit for structures on two DeKalb County School System (DCSS) properties in District 2: Lakeside High School and Margaret Harris Comprehensive School. T Mobile had entered into a contract with DCSS seeking to invoke DCSS’s exemption from zoning regulation to erect the towers in residential districts where they are otherwise prohibited. Encouraged by the DeKalb Board of Commissioners, the DeKalb County Administration declined to recognize the requested permits as exempt from zoning since the cell towers were not educational facilities. T-Mobile sued, but canceled their contract with DCSS after the Federal Courts ruled in favor of DeKalb. T-Mobile also paid DeKalb County court costs incurred in our defense.
The decision is important because it helps limit exemptions to zoning laws intended to protect neighborhoods from incompatible development. Governments (Federal, State, Local and Public Schools) retain this important prerogative, but it should only be exercised to directly advance their public mission, not simply to generate revenue.
The pending decision on the regulation of cell towers is in our new zoning ordinance, which will soon be considered by the Board of Commissioners. After considerable public input and a thorough investigation of relevant federal legislation, the current proposal would allow cellular antennas within or attached to nonresidential structures legally permitted in single-family neighborhoods. These would include houses of worship or other institutions that are legally permitted to be of sufficient height to make a cellular antenna attractive to a carrier. The new proposal would not allow the cell towers that were the object of the T-Mobile controversy.
The proposed policy turns on the inherent incompatibility of a free-standing antenna with a surrounding single family neighborhood, and not on the concerns that some citizens have about the radio waves generated by the antenna. This is important because federal communications regulations prohibit local regulation of cellular antennas based on radio wave concerns. We convened citizen stakeholders interested in this issue recently, who made suggestion on refining the policy for adoption. The new zoning ordinance can be found online at http://planningdekalb.net/wp-content/uploads/2015/01/finalDraftZoningCodeJan20151.pdf
The Commissioner can be reached at: http://www.commissionerrader.com or email, jrader@dekalbcountyga.gov.
Audit: DeKalb used inflated crime stats to secure federal grants
Audit: DeKalb used inflated crime stats to secure federal grants
By Christian Boone
The Atlanta Journal-Constitution
Wednesday, Oct. 29, 2014
The statistics provided by DeKalb police to federal grant holders painted a portrait of a county besieged by crime, with more than 11,000 aggravated assaults reported in 2008 alone.
But according to a recent audit by the U.S. Inspector General, that was about 10,000 too many.
The government watchdog found the county also over-reported numbers in every additional crime category. Those stats helped secure more than $2.3 million — money which will likely have to be refunded.
“It was an egregious error,” said DeKalb Police Chief Cedric Alexander. “None of us here were in place, including the grant writer.”
The audit reviewed three grants from Community Oriented Policing Services totaling more than $4.5 million received by the county between July 2009 and September 2013. The money was to hire entry-level police officers and support efforts to reduce child endangerment, but the audit could not account for $783,186. Read the full article:
http://www.ajc.com/news/news/audit-dekalb-used-inflated-crime-stats-to-secure-f/nht9T/
DeKalb County Purchase Card (P-Card) Audit
DeKalb County P-Card Audit
Mark Niesse and Johnny Edwards wrote an article titled, “Audit: Spending reports sloppy” on October 24, 2014 in the AJC newspaper. The front page article was an investigative piece, highlighting the results of a ten year audit of the Board of Commissioners, their office staff and the clerk’s office purchase card usage.
DeKalb County has been lax in its oversight of spending by elected commissioners, and some officials frequently paid for items on their government debit cards without submitting required receipts, according to an audit released Thursday.
The audit shows the seven commissioners used taxpayer funds to pay for everything from steakhouse dinners to speeding tickets…
The DeKalb commission submitted receipts for just 57% of the transactions. However, the Purchase Card (P-card) spending by commissioners includes (according to the AJC):
1. Elaine Boyer: $103,665 with 40 percent supported by receipts
Review the actual audit at: https://www.scribd.com/doc/244408986/DeKalb-County-P-Card-Audit-Commissioner-Elaine-Boyer
2. Jeff Rader: $34,606 with 77 percent supported by receipts
Review the actual audit at: https://www.scribd.com/doc/244409024/DeKalb-County-P-Card-Audit-Commissioner-Jeff-Rader
3. Larry Johnson: $78,757, with 97 percent supported by receipts
Review the actual audit at: https://www.scribd.com/doc/244409015/DeKalb-County-P-Card-Audit-Commissioner-Larry-Johnson
4. Sharon Barnes Sutton: $108,720, with 25 percent supported by receipts
Review the actual audit at: https://www.scribd.com/doc/244410962/DeKalb-County-P-Card-Audit-Commissioner-Sharon-Barnes-Sutton
5. Lee May: $57,283, with 39 percent supported by receipts
Review the actual audit at: https://www.scribd.com/doc/244408974/DeKalb-County-P-Card-Audit-Commissioner-Lee-May
6. Kathie Gannon: $26,327, with 97 percent supported by receipts
Review the actual audit at: https://www.scribd.com/doc/244409040/DeKalb-County-P-Card-Audit-Commissioner-Kathie-Gannon
7. Stan Watson: $57,937, with 78 percent supported by receipts
Review the actual audit at: https://www.scribd.com/doc/244408999/DeKalb-County-P-Card-Audit-Commissioner-Stan-Watson
The DeKalb County Purchase Card (P-Card) audit on the Central Office Administration and Clerks:
https://www.scribd.com/doc/244408960/DeKalb-County-P-Card-Audit-Central-Office-and-Clerks
For the entire article, view the link : http://www.ajc.com/news/news/local-govt-politics/report-finds-loose-spending-by-dekalb-officials/nhqw7/
NOTE: Stay tuned for our take on this so-called audit. We have not done a complete review as of this date. However, a preliminary perusal of this report leave us with a lot of questions to be asked and answered.
Ten Reasons DeKalb Vendors Demand Kelvin Walton and Nina Hall Be Fired
Ten Reasons DeKalb Vendors Demand Kelvin Walton and Nina Hall Be Fired
By Viola Davis RN BSN
October 1, 2014
The ten reasons DeKalb County vendors demand Kelvin Walton and Nina Hall be fired
It’s time for us to come to the reality that our local government has been in a crisis for far too long. As a watchdog group, we have complained for years about a “cloud of corruption” that gives DeKalb County a bad reputation as well as a black eye hindering economic development and decreasing public trust.
Now we are faced with the serious issue of having local politicians indicted for illegal activity and violation of their oaths of office. Yet, a few politicians continue with the same excuses that interfere with the quality of life our community deserves. Our county employees, police and firemen have gone over five years without raises or even a cost of living increase until this last budget year. When will the crisis end? When will a high quality of life and increased public trust begin?
The title of this article, “Ten Reasons DeKalb Vendors Demand Kelvin Walton and Nina Hall Be Fired”, strives to educate the public on facts they may not be aware of, and apply “heat” to Interim Chief Executive Officer Lee May to take action and fire two employees who have clearly engaged in alleged criminal activity. The reasons to fire Kelvin Walton and Nina Hall include:
1. Kelvin Walton funneled cash from vendors to a county employee who served on approximately fifteen selection committees for DeKalb County projects. The employee’s name is Nina Hall, formerly the executive assistant/secretary to CEO Burrell Ellis.
2. Kelvin Walton headed a department that practiced out-of-control nepotism and cronyism that fueled alleged criminal activity. Kelvin Walton and Nina Hall violated their job descriptions. Yet, Interim CEO Lee May suspended Kelvin Walton and Nina Hall with pay at a combined taxpayers’ payroll cost of approximately $228,800.
3. Kelvin Walton and Nina Hall engaged in acts of alleged criminal activity that produced conflicts of interest.
4. Kelvin Walton, under oath, willfully lied multiple times during his May Special Purpose Grand Jury Testimony and Walton admitted under oath that he lied to the Grand Jury.
5. Kelvin Walton and Nina Hall both refused to answer questions and pleaded the fifth, citing the self-incrimination rule. Kelvin Walton refused to answer 343 questions for fear of self-incrimination. Nina Hall refused to answer 30 questions for fear of self-incrimination.
6. Kelvin Walton assisted elected officials and high staff officials in engaging in alleged criminal activity causing an investigation which involves the FBI, US Attorney General, Department of Revenue and the Inspector General.
7. Nina Hall first denied ever receiving gifts or cash from vendors under oath. However, she eventually confessed to receiving cash from Kelvin Walton and allegedly Michael Hightower.
8. Kelvin Walton accepted a gift/service from a vendor of cash value without paying for the service.
9. Vendors and employees’ complaints that identified waste, mismanagement, alleged illegal activity by contractors and Kelvin Walton were ignored.
10. Board of Commissioners and DeKalb County staff members’ conflicts of interest that were a cause of action for major media investigations were incorrectly based on advice given by Kelvin Walton.
It’s time for DeKalb County taxpayers, homeowners and business owners to send a message that we want the madness to end. The local government should focus on the needs of the public, provide a high quality of life, and restore public trust.
We need a full forensic audit to expose the “true” financial picture and shortfalls of Watershed and Public Works. We need a full forensic audit of the Purchasing and Contracting Department. We need an answer to the question, “Is there any criminal activity that should be prosecuted”? Vendors and Contractors have requested a full criminal investigation by the Federal Bureau of Investigation into alleged criminal activity to include:
• Bid-rigging
• False Documentation (evidenced by fraudulent checks)
• Violation of the False Claims Act
• Fraud
• Kickbacks, Up-Charging and over-billing
• Tax Fraud
Until we place restoring public trust as a top priority, taxpayers, property owners, homeowners, and business owners will have increased lack of trust in our local government. We ask our Board of Commissioners, those that remain, to demonstrate the value they place in restoring public trust in our local government by enacting the following changes:
• Establish and fund an Internal Auditor.
• Creation of a new anti-corruption unit within the DeKalb Police Department, in concert with the FBI and GBI.
• Support the Board of Ethics and maintain its independence.
If there are people that value restoring public trust and removing this “Cloud of Corruption”, we need your help in convincing Interim CEO Lee May to immediately fire and remove Kelvin Walton and Nina Hall from the DeKalb County taxpayers’ payroll. If the CEO continues to refuse to fire Kelvin Walton and Nina Hall, we need Interim CEO Lee May to explain to the rest of us the reason, “Why”?
Elaine Boyer Resigns and Plans to Plead Guilty
Former DeKalb County Commissioner Charged With Stealing County Funds
FOR IMMEDIATE RELEASE
August 26, 2014
ATLANTA – Elaine Boyer, the former Commissioner of District 1 in DeKalb County, Ga., has been arraigned on charges relating to her embezzlement of county funds and misuse of her DeKalb County credit card.
“As an elected County Commissioner, Ms. Boyer had a duty to serve the best interests of the citizens of DeKalb County,” said United States Attorney Sally Quillian Yates. “Instead of honoring that commitment, Ms. Boyer stole from the citizens she was sworn to serve by diverting thousands of dollars in county funds to her personal bank account and using her county-issued credit card like it was her own.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “Public corruption based investigations often stem from actions that would be seen as clearly improper and illegal to the average person. The charges in this case, however, reflect criminal actions of a twenty-two year veteran DeKalb County Commissioner who knew fully the nature of her actions and she will now face the consequences of those actions. The FBI places a high priority toward investigating allegations of public corruption due to the extensive harm that it can cause on many levels and we ask that anyone with information regarding such allegations to please contact their nearest FBI field office.”
According to United States Attorney Yates, the charges, and other information presented in court: In DeKalb County, Ga., the Board of Commissioners (“BOC”) serves as the legislative branch of the DeKalb County Government. The BOC is comprised of seven part-time commissioners, who are elected to serve four-year terms. Each of the seven Commissioners is responsible for the management of their respective offices, which includes controlling the offices’ budget and hiring staff members, contractors, and consultants. In recent years, the operating budget for a Commissioner’s office has been approximately $250,000 per year. The Commissioners may use their budget only for county-related business.
Since 1992, Ms. Boyer served as the Commissioner of District 1, which serves citizens in north DeKalb County, including in Brookhaven, Dunwoody, Tucker, and Smoke Rise, Ga. Among other responsibilities, Ms. Boyer sat on the BOC’s Finance, Budget, and Audit Committee and was the Chairwoman of the Employee Relations and Community Services Committee. Boyer’s term of office was to expire in 2016; however, Boyer resigned yesterday.
In September 2009, as the Commissioner of District 1, Ms. Boyer retained an individual (“Advisor”) supposedly to assist her with government consulting and advisory duties on issues that affected her constituents. From September 2009 to November 2011, false invoices were submitted to Ms. Boyer’s office for consulting services purportedly rendered by Advisor. In fact, Advisor performed no services for Ms. Boyer, District 1 constituents, or DeKalb County. Ms. Boyer used the false invoices as a basis to authorize payments to Advisor. Based on requisition requests from Ms. Boyer, DeKalb County mailed approximately 35 checks to Advisor for consulting services that were never performed. In total, DeKalb County paid Advisor more than $78,000, believing that legitimate services had been performed for the county.
After being paid by DeKalb County, Advisor funneled approximately 75% of the money received from DeKalb County into Ms. Boyer’s personal bank account. Between September 2009 and November 2011, Advisor deposited more than $58,000 in DeKalb County funds into Ms. Boyer’s personal bank account (while retaining the remainder of the money). In turn, Ms. Boyer used the money deposited into her account to pay personal expenses, including purchases at hotels and high-end department stores.
Additionally, in her capacity as a Commissioner, DeKalb County issued Ms. Boyer a Visa Purchasing Card (“P-Card”) to make county-related purchases. On January 14, 2010, she signed a Cardholder Users’ Agreement stating she would not use the P-Card to make personal purchases.
From October 2010 to February 2014, Ms. Boyer made more than 50 personal purchases on her P-Card, including purchasing airline tickets and hotel rooms for herself and her family for personal travel. In total, she made over $15,000 worth of purchases on her P-Card for personal goods and services.
Elaine Boyer, 57, of Stone Mountain, Ga., was charged via Criminal Information with conspiring to committed mail fraud and with wire fraud. She is scheduled to plead guilty at 3:00 p.m., on September 3, 2014, before U.S. District Court Judge Orinda D. Evans.
Members of the public are reminded that the information only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by Federal Bureau of Investigation.
Assistant United States Attorneys Jeffrey W. Davis and Kurt R. Erskine are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office atUSAGAN.PressEmails@usdoj.gov or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division ishttp://www.justice.gov/usao/gan/.
Time for Parrott to prove libelous and defamatory statements in Kathie Gannon’s Ethics Complaint
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