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
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.
Investigators called DeKalb County Government, “Rotten to the Core”
Investigators called DeKalb County Government, “Rotten to the Core”
BY VIOLA DAVIS, AUGUST 8, 2015
Special Investigators, former Georgia Attorney General Mike Bowers and Richard Hyde, called DeKalb County Government “rotten to the Core”. The investigators were appointed by county Interim CEO Lee May in March 2015 to identify any conflict 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.
In June 2015, ICEO Lee May suspended use of county-issued VISA purchasing cards (P-cards) for most of the current users due to preliminary findings from special investigators, Bowers and Hyde. According to an article in CrossroadsNews.com, ICEO May received a preliminary summary by the investigators outlining examples of dubious expenses charges to the county with no apparent direct benefit to county government and/or with no justification or explanation given. Some of the examples as follows:
• Improper use of tax exempt status;
• Purchases of unauthorized items, as outlined in the current policy;
• Splitting purchases to circumvent the county’s $1,000 per transaction limit;
• International airline tickets;
• Dance lessons;
• Personal membership dues paid to various non-mandatory bar associations and other private organizations;
• Self-aggrandizing “donations” made to non-profits and charities;
• Purchases of unauthorized computers and related items.
On August 5th, Bowers and Hyde delivered an investigative update to ICEO Lee May and the DeKalb Board of Commissioners. In the letter, Investigators say they conducted scores of interviews and looked at several hundred thousand documents, including over 40 thousand individual P-card transactions. They stated the extent of P-Card abuse and misuse is astounding. The Special Investigators made note of several improper expenditures which include:
• Employees spent public funds on a cruise to the Bahamas, flower arrangements, a live guitar player, a Christmas tree and a dry cleaning bill for a judge’s robe, according to the investigators.
• The county awarded sole-source contracts despite there being many other qualified vendors available to perform the same work, at a much lower cost to the county.
• Taxpayer funds were routinely used to buy liquor, catered meals, candy, popcorn and pretzels filled with peanut butter for elected officials, department heads and staff members. The county’s own internal auditors have reported this improper spending over the years.
• A high-level official wrecked a county-owned vehicle, causing substantial damage, and then failed to follow proper procedure for reporting the accident.
• In one case, taxpayers paid the impound fee for a county-owned vehicle after an employee was arrested for DUI. The employee resigned and then was rehired after pleading guilty. The public has also paid for traffic fines and toll road penalties.
• Thefts of county property have been covered-up and mishandled. In one case the police were not notified and the thief still draws a paycheck from the county.
• In the last few days, they have found what appears to be a bribery scheme involving a major county department.
According to the AJC, Commissioner Nancy Jester says “things are very bad in DeKalb County; this is not a perception problem. This is a real problem.” Commissioner Jester says the findings are shocking. She says people need to be held accountable. “We need to hold people’s feet to the fire on this. Taxpayers are harmed and we won’t stop wasting money until we root out this corruption.”
ICEO Lee May’s Response to Bowers and Hyde’s Letter
“I wholeheartedly disagree with the opinion that DeKalb County is rotten to the core. The overwhelming majority of DeKalb County employees are honest, decent, hard-working, and committed to public service.
We were aware of the underlying issues mentioned in Mr. Bowers’ letter. That is why we hired him to conduct a comprehensive review of county government operations to identify corruption, fraud, criminal activity, conflicts of interest, or abuse; with a report in 120 days.
The 120 days has come and gone, and it appears the only thing we have to show for it is a 2-page letter full of salacious – but vague – innuendo.
I was informed by Mr. Bowers today that a detailed report will be issued in 3 weeks that will provide me with a road map to reduce our risk exposure to waste, fraud and abuse.”
Lee May
Interim CEO, DeKalb County Government
https://www.scribd.com/doc/273991035/Michael-Bowers-and-Richard-Hyde-s-August-5th-and-June-2nd-Preliminary-Findings
Immediate Press Release on Burrell Ellis Conviction
UNHAPPY TAXPAYER AND VOTER
http://www.unhappytaxpayerandvoter.com
FOR IMMEDIATE RELEASE:
July 1, 2015
Contact Person: Viola Davis 770-256-0034
Press Release on Burrell Ellis Conviction:
We have a long history of working with people who believe in Burrell Ellis’ innocence on one hand, and his quilt on another. However, we live in a country where everyone is “innocent” until proven guilty.
Today, twelve women and men on the jury have spoken to say that Burrell Ellis is guilty of extortion (correction: attempted extortion) and perjury. We respect the jury’s decision.
We continue to demand full RICO investigations and criminal forensic audits to restore the public’s trust, transparency, ethics and accountability in DeKalb County government to include:
1. Watershed
2. Purchasing and Contracting
3. Local Small Business Enterprise (LSBE) program
4. Neighborhood Stabilization Program (NSP)
5. Public Works
6. IT and IS
7. Members and staff of the DeKalb County governing authority
Until we place restoring public trust as a top priority, DeKalb County will struggle to heal from corruption.
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.
Restore Public Trust Memorandum to the FBI, GBI and Inspector General
MEMORANDUM
TO: CHRIS CAMPBELL, SPECIAL AGENT WITH DEPARTMENT OF ENERGY
FROM: VIOLA DAVIS
SUBJECT: RESTORE PUBLIC TRUST MEMORANDUM TO THE FBI, GBI AND INSPECTOR GENERAL
DATE: OCTOBER 23, 2014
CC: U.S. ATTORNEY SALLY QUILLIAN YATES, CEO LEE MAY, DEKALB BOARD OF COMMISSIONERS, DISTRICT ATTORNEY ROBERT JAMES, JERALD DALTON, BARBARA SANDERS, RESTORE DEKALB AND ALL APPROPRIATE PARTIES
Restore Public Trust Memorandum to the FBI, GBI and Inspector General
By Viola Davis RN BSN
October 23, 2014
Four reasons DeKalb County vendors/contractors request expansion of the investigation by the FBI, GBI and Inspector General into Purchasing and Contracting, Public Works, IT and Watershed.
I, Viola Davis, with Unhappy Taxpayer & Voter, submitted a 2nd amendment to the ethics complaint to restore public trust against Kelvin Walton, former Director and Chief Procurement Officer of the Department of Purchasing and Contracting and Nina Hall, former Executive Assistant/Secretary to CEO Burrell Ellis, and former Project Manager in the Watershed Department.
With the support of Restore DeKalb, we presented evidenced in a Restore Public Trust Ethics Complaint, Amendment I, that provided evidence and testimony of sworn statements by both Kelvin Walton and Nina Hall of lying to a special grand jury, taking money and/or service for personal gain, and engaging in alleged public corruption in purchasing and contracting within a DeKalb County government department. We have submitted over 420 pages of written documentation to justify Kelvin Walton and Nina Hall’s removal from the taxpayers and voters payroll.
DeKalb County has recently reorganized the Purchasing and Contracting Department that has allegedly caused ten people, thus far, to lose their jobs. Yet, the taxpayers and voters financed the salaries of Kelvin Walton and Nina Hall until October 7, 2014. Why?
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.
How can DeKalb County reorganize and cause ten people to lose their job while forcing the taxpayers and voters by continuing to pay two employees that clearly engaged in alleged illegal activity? Why did Interim CEO Lee May continue to keep Kelvin Walton and Nina Hall suspended “with pay” after such conclusive evidence and written documentation existed?
We need a full forensic audit to expose the “true” financial picture, shortfalls, and alleged criminal activity within the Watershed and Public Works Department. We need a full forensic audit of the IT and 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 and Inspector General (under RICO) into alleged criminal activity to include:
I. Hopie Strickland’s complaint to the Inspector General:
Bid-rigging (See Exhibit A)
False Documentation (evidenced of fraudulent checks – See Exhibit B, Part 1, Part 2, and Part 3)
Part 1:
False Documentation – Exhibit B Part 1
Part 2:
False Documentation – Exhibit B Part 2
Part 3:
False Documentation – Exhibit B Part 3
Violation of the False Claims Act – (See Exhibit C)
Violation of the False Claims Act – Exhibit C
Fraud – (See Exhibit D)
Kickback, Up-Charging and over-billing – (See Exhibit E)
Kickbacks, Up-charging, and Over-billing – Exhibit E
Tax Fraud – (See Exhibit F)
II. Complaints from Vendors/Contractors alleging criminal activity:
A majority of the documentation above involves a vendor named, Hopie Strickland. DeKalb County staff members were present and/or involved during a majority of the meetings detailing complaints of alleged criminal activity.
However through an Open Records Request, we have identified additional vendors and complaints alleging violation of policy and procedure, violation of the LSBE Ordinance and alleged criminal activity to include:
1. R. Harris requested assistance from Purchasing and Contracting:
a. Complaint of Pass through
b. Disagreement with practice of co-signing checks to another company
c. Complaint of fraud
2. M. Mikell’s letter to Purchasing and Contracting:
a. In March 2010, the DeKalb County Auditor questioned Mikell concerning payments
b. Felton Williams and Sharon Walker were contacted by M. Mikell; however, no follow up on concerns
c. Complaint of fraudulent acts
d. Complaint of major “cover up” by DeKalb County staff
e. Requests and concerns have fallen on “deaf ears”
f. Complaint of unethical behavior and alleged fraudulent schemes/tactics
3. Email from A. Jones to Park and Recreation Department/ Purchasing and Contracting:
a. Complaint of alleged illegal activity involving single bid process
b. Purchasing Department and Parks and Recreation Department set out to target a specific entity which is illegal in itself
c. Complaint that the business did not exist at the time of the RFP
III. The 2012 Special Purpose Grand Jury strongly recommended the District Attorney criminally investigate over 10 people in addition to Burrell Ellis:
A Special Purpose Grand Jury was impaneled on January 20, 2012 pursuant to O.C.G.A 15-12-100 to investigate the facts and circumstances surrounding the bidding, awarding and management of contracts in the DeKalb County Department of Watershed Management during the period of January 1, 2002 through December 31, 2010.
The special grand jury’s final report and presentment of its yearlong investigation into alleged corruption in county watershed department stemming back to the beginning of former CEO Vernon Jones’ administration strongly recommended the District Attorney criminally investigate the following individuals for possible indictment in addition to Burrell Ellis to include:
A. William “Wiz” Miller – Obstructing a criminal investigation.
B. Jabari Simama – Manipulation of selection committee process, perjury and bid-rigging.
C. Roy Barnes – Bid-rigging, kickbacks and perjury.
D. Hadi Haeri – Theft, false writings, perjury and bid-rigging.
E. Nadine Maghsoudlou – Theft, false writing, perjury and bid-rigging.
F. Vernon Jones – Bid-rigging and theft.
G. Paul Champion – Manipulation of the ITB process, false writings, theft and perjury.
H. Kevin Ross – Interference with government operations, manipulation of the RFP/ITB process and bid-rigging.
I. Jeffrey Walker – Theft, bid-rigging and perjury.
J. Christian Vann – False writings
K. John Willis and possibly, other individuals with Brown and Caldwell – theft, bid-rigging and perjury.
We need the FBI, GBI and/or Inspector General to expand their investigation to include the people mentioned in the special grand jury report if District Attorney Robert James continues to place his focus on Burrell Ellis instead of the ten people recommended for investigation and possible indictment.
IV. It is alleged that a Commissioner’s personal property was repaired with taxpayers’ money:
We were approached by several people alleging a DeKalb County Commissioner’s personal property was repaired with taxpayers’ money. Upon receiving the complaint, we submitted Open Records Request to obtain documentation to support the complaint. We spent over two weeks trying to get our Open Records Request answered. However, we would often experience excuses and one mistake after another that limited the information we received. Due to the number of mistakes (intentional or unintentional), we have reason to believe there are some validity to the allegations. We were given permission by one of the people making the allegation to forward the complaint to the FBI and Inspector General. We were informed the initial complaint was made to the District Attorney’s officer; however, no actions were ever taken against the Commissioner in question.
Until we place restoring public trust as a top priority, taxpayers, property owners, homeowners and business owners recommend the Board of Commissioners, those that remain, to immediately demonstrate the value they place in restoring public trust in our local government by enacting the following changes:
• Establish and fund an Internal Auditor.
• Creation of a new anti-corruption unit within the DeKalb Police Department, in concert with the FBI and GBI.
• Support the Board of Ethics and maintain its independence.
We are asking the FBI, GBI and Inspector General to demonstrate the value they place in restoring public trust in our local government by expanding their investigation to include Kelvin Walton and Nina Hall as well as staff persons in the Purchasing and Contracting Department, Public Works Department, IT and Watershed.
There are many DeKalb County taxpayers and voters that value restoring public trust and removing this “Cloud of Corruption”. We need the law enforcement agencies to take immediate action to restore public trust by removing this “cloud of corruption”.
Should CEO Lee May continue to refuse to enact a forensic audit of Purchasing and Contracting, Public Works, IT and Watershed, we respectfully request that the FBI, GBI and Inspector General exercise its given power to expand its investigation to include these department as well as Kelvin Walton and Nina Hall, based on our presentments to the Board of Ethics, such as:
Restore Public Trust Ethics Complaint – Original
Restore Public Trust Ethics Complaint – 1st Complaint
1st amendment – Restore Public Trust Ethics Complaint
Restore Public Trust Ethics Complaint – Original/Initial Complaint
2nd amendment – Restore Public Trust Ethics Complaint
1st Amendment – Restore Public Trust Ethics Complaint
We strive to present enough documentation and evidence to have this case classified as a RICO case.
Respectfully submitted,
Viola Davis
Community Missionary
Convicted Commissioner wants her pension
Convicted Commissioner wants her pension
By Catie Beck, WXIA-TV
October 16, 2014
DEKALB COUNTY, Ga. (WXIA) – She admittedly stole thousands of taxpayer dollars, and now she’s hitting them up for more money.
Former DeKalb County Commissioner Elaine Boyer has applied to get her full pension from the county – and has been approved.
“It’s outrageous,” said Restore DeKalb member Joel Edwards. “It just doesn’t make any sense at all.”
Edwards says the county watchdog group is needed now more than ever
.
“It’s disbelief,” he said. “They can’t believe it.”
Edwards and other members of the group are outraged to learn that after Boyer admitted to stealing money from the county, she’s now asking for more of it in the form of a pension.
“A lot of people have come to me and voiced their concerns about the elected leaders in this county in disbelief,” Edwards said.
Link for the video and article:
Please read the AJC article by Johnny Edwards below:
Ex-DeKalb commissioner Boyer will get full pension benefits
By Johnny Edwards
The Atlanta Journal-Constitution
October 15, 2014
After apologizing to DeKalb County taxpayers for fleecing them through fraud schemes, ex-commissioner Elaine Boyer hit them up for more money.
Boyer has applied for her county retirement payments, and DeKalb’s pension board will grant her full benefits. That means the crooked former politician, who is 58, will collect tens of thousands of dollars a year for the rest of her life. The county could even be paying her while she’s in prison.
Under Georgia law, public officials and employees convicted of crimes related to their duties should have their benefits reduced by three times the economic impact of their misdeeds, which would have Boyer giving up nearly $300,000. But DeKalb’s attorneys determined she falls in a legal loophole.
So Boyer will get about $23,000 per year, starting with a check early next month for more than $3,800 to cover October and November….
Taxpayers are losing big on the deal, said Viola Davis, a south DeKalb resident who leads the DeKalb Unhappy Taxpayer and Voter group. Even if Boyer pays restitution, it would likely cover only the purchasing card and kickback schemes uncovered by the FBI, not what might turn up in an exhaustive audit of the past decade of Boyer’s spending.
Also vexing, Davis said, is that taxpayers might be making pension payments to former employees implicated, but not charged, in the investigation that led to suspended CEO Burrell Ellis’ prosecution. A jury is deliberating whether he illegally strong-armed vendors into giving him campaign donations. Former purchasing chief Kelvin Walton, the star witness against Ellis and an admitted liar, is reportedly under federal investigation on allegations of receiving cash payments from a sewer contractor.
“Believe me, I’ve run into people who are just totally disgusted with the whole way this process is working out,” Davis said. “I mean, we’re going to be paying them, despite all the wrong they’ve done.”
Read the entire article at the following link:
http://www.ajc.com/news/news/crime-law/ex-dekalb-commissioner-boyer-will-get-full-pension/nhj2k/
Restore Public Trust Ethics Complaint: Amendment II with Exhibits A, B, C, D, E and F
Restore Public Trust Ethics Complaint: Amendment II with Exhibits A, B, C, D, E and F
By Viola Davis RN BSN
October 13, 2014
The ten reasons DeKalb County vendors/contractors demand Kelvin Walton and Nina Hall be fired
I, Viola Davis, with Unhappy Taxpayer & Voter, submit this 2nd amendment to the ethics complaint to restore public trust against Kelvin Walton, former Director and Chief Procurement Officer of the Department of Purchasing and Contracting and Nina Hall, former Executive Assistant/Secretary to CEO Burrell Ellis, and former Project Manager in the Watershed Department.
With the support of Restore DeKalb, we presented evidenced in a Restore Public Trust Ethics Complaint, Amendment I, that provided evidence and testimony of sworn statements by both Kelvin Walton and Nina Hall of lying to a special grand jury, taking money and/or service for personal gain, and engaging in alleged public corruption in purchasing and contracting within a DeKalb County government department. To date, we have submitted over 350 pages of written documentation to justify Kelvin Walton and Nina Hall’s removal from the taxpayers and voters payroll.
DeKalb County has recently reorganized the Purchasing and Contracting Department that has allegedly caused ten people, thus far, to lose their jobs. Yet, the taxpayers and voters continue to finance the salaries of Kelvin Walton and Nina Hall. Why?
It’s time for us to come to the reality that our local government has been in a crisis for far too long. As a watchdog group, we have complained for years about a “cloud of corruption” that gives DeKalb County a bad reputation as well as a black eye hindering economic development and decreasing public trust.
Now we are faced with the serious issue of having local politicians indicted for illegal activity and violation of their oaths of office. Yet, a few politicians continue with the same excuses that interfere with the quality of life our community deserves. Our county employees, police and firemen have gone over five years without raises or even a cost of living increase until this last budget year. When will the crisis end? When will a high quality of life and increased public trust begin?
The title of an article, “Ten Reasons DeKalb Vendors Demand Kelvin Walton and Nina Hall Be Fired”, was written to educate the public on facts they may not be aware of and to apply “heat” to Interim Chief Executive Officer Lee May to take action and fire two employees who have clearly engaged in alleged criminal activity. The reasons stated in the article to fire Kelvin Walton and Nina Hall include:
1. Kelvin Walton funneled cash from vendors to a county employee who served on approximately fifteen selection committees for DeKalb County projects. The employee’s name is Nina Hall, formerly the executive assistant/secretary to CEO Burrell Ellis.
2. Kelvin Walton headed a department that practiced out-of-control nepotism and cronyism that fueled alleged criminal activity. Kelvin Walton and Nina Hall violated their job descriptions. Yet, Interim CEO Lee May suspended Kelvin Walton and Nina Hall with pay at a combined taxpayers’ payroll cost of approximately $228,800.
Kelvin Walton’s job description violations include:
One – Reviews procurement activities/documents for compliance with establishing purchasing procedures, federal, state, and local laws. Kelvin Walton violated the established policy and procedure of Purchasing and Contracting and placed the taxpayers and voters of DeKalb County at risk for litigation.
Two – Develops and maintains good business relationships with vendors’ personnel through professional, impartial, and objective dealings with all suppliers, including problem resolution. Hopie Strickland and Alessandro Salvo were denied a fair hearing to resolve their problems that identified alleged criminal activity.
Three – Directs the Contract Compliance division to ensure efforts are being made to foster economic growth of M/WBE/LSBEs by developing First Tier and Second Tier purchasing opportunities. The alleged criminal activity adversely affected the minority companies and forced many to engage in activity that violated the policy, procedure, and LSBE ordinance.
Four – Manages the Invitation to Bid and Request for Proposal process for the county. Kelvin Walton’s alleged criminal activity made a mockery of the bid process.
Five – Mediates disputes between end users and supplies, when necessary. Hopie Strickland and Alessandro Salvo were refused fair mediation.
Nina Hall’s job description violations include:
One – Plans and organizes special events, public hearings, and meetings. Nina Hall refused to plan a meeting between Hopie Strickland and CEO Burrell Ellis because she allegedly knew that Strickland made claims of bid-rigging, kickbacks, false checks, etc. Hall was not hired to serve on the selection committees which allegedly enabled Hall to carry out the will of Kelvin Walton in return for “kickback” funding.
Two – Responds to request for information from CEO and BOC and prepares reports containing findings and recommendation. Reports on problems within the Purchasing and Contracting Department were withheld from CEO Burrell Ellis.
Three – Drafts correspondence for approval of superiors (CEO, Executive Assistant/COO, BOC, etc.) necessary for responding to citizens inquires. Hopie Strickland, a DeKalb County vendor, went years with his complaints being ignored.
Four – Acts as liaison to citizen groups and special teams created to review special projects. Hopie Strickland was denied a meeting with CEO Burrell Ellis because of the close relationship and alleged criminal activity Kelvin Walton and Nina Hall managed to operate undetected.
3. Kelvin Walton and Nina Hall engaged in acts of alleged criminal activity that produced conflicts of interest.
Please view the following videos:
(1) DeKalb County News Sewer Project Corruption:
(2) Whistleblower against DeKalb employees believes he was targeted:
http://www.wsbtv.com/news/news/local/whistleblower-against-dekalb-employees-believes-he/nYyxx/
(3) DeKalb special grand jury recommends 12 for criminal investigation:
http://www.wsbtv.com/news/news/local/breaking-grand-jury-report-documents-alleged-corru/nZYYD/
(4) DeKalb Corruption witness discusses experience:
http://www.ajc.com/news/news/local/dekalb-corruption-witness-discusses-experience/nbdsZ/
http://www.ajc.com/videos/news/key-dekalb-county-corruption-witness-breaks/vCHKrz/
(5) DeKalb Corruption against LSBE Vendors:
4. Kelvin Walton, under oath, willfully lied multiple times during his May Special Purpose Grand Jury Testimony and Walton admitted under oath that he lied to the Grand Jury.
http://www.scribd.com/doc/229056323/State-vs-W-Burrell-Ellis-Supplement-to-Supplemental-Motion
5. Kelvin Walton and Nina Hall both refused to answer questions and pleaded the fifth, citing the self-incrimination rule. Kelvin Walton refused to answer 343 questions for fear of self-incrimination. Nina Hall refused to answer 30 questions for fear of self-incrimination.
http://www.wsbtv.com/news/news/local/dekalb-official-refuses-answer-343-questions-fear-/nfDKt/
http://link.brightcove.com/services/player/bcpid836881587001?bckey=AQ~~,AAAAFIvhljk~,Nz7UFI321EYoDFWhcIAZKj2ZX6ZuGWU-&bclid=1138058770001&bctid=3799988018001
http://www.ajc.com/news/news/government-employees-testify-against-dekalb-ceo-el/nhRtX/
6. Kelvin Walton assisted elected officials and high staff officials in engaging in alleged criminal activity causing an investigation which involves the FBI, US Attorney General, Department of Revenue and the Inspector General.
7. Nina Hall first denied ever receiving gifts or cash from vendors under oath. However, she eventually confessed to receiving cash from Kelvin Walton that allegedly came from Michael Hightower.
8. Kelvin Walton accepted a gift/service from a vendor of cash value without paying for the service.
9. Vendors and employees’ complaints that identified waste, mismanagement, alleged illegal activity by contractors and Kelvin Walton were ignored.
10. Board of Commissioners and DeKalb County staff members’ conflicts of interest that were a cause of action for major media investigations were incorrectly based on information and advice given by Kelvin Walton.
We are asking the Board of Ethics to send a message that we want the madness to end. The local government should focus on the needs of the public, provide a high quality of life, and restore public trust.
We are depending on the Board of Ethics to act and fire Kelvin Walton and Nina Hall if Interim CEO Lee May refuses to do his job by terminating them immediately from the taxpayers’ payroll.
How can DeKalb County reorganize and cause ten people to lose their job while forcing the taxpayers and voters to continue to pay two employees that have clearly engaged in alleged illegal activity? Why has Interim CEO Lee May continued to keep Kelvin Walton and Nina Hall suspended “with pay” after such conclusive evidence and written documentation exists?
We need a full forensic audit to expose the “true” financial picture and shortfalls of Watershed and Public Works Department. We need a full forensic audit of the Purchasing and Contracting Department. We need an answer to the question, “Is there any criminal activity that should be prosecuted”? Vendors and Contractors have requested a full criminal investigation by the Federal Bureau of Investigation into alleged criminal activity to include:
Bid-rigging (See Exhibit A)
False Documentation (evidenced of fraudulent checks – See Exhibit B, Part 1, Part 2, and Part 3)
Violation of the False Claims Act – (See Exhibit C)
https://www.scribd.com/doc/242750407/Restore-Public-Trust-Ethics-Complaint-Amendment-II-Exhibit-C-D-E-and-F?secret_password=Es5GX59EJUy1wVKrzELZ
Fraud – (See Exhibit D)
Kickback, Up-Charging and over-billing – (See Exhibit E)
Tax Fraud – (See Exhibit F)
Until we place restoring public trust as a top priority, taxpayers, property owners, homeowners and business owners will have increased lack of trust in our local government. We are asking that the Board of Ethics recommend the Board of Commissioners, those that remain, to immediately demonstrate the value they place in restoring public trust in our local government by enacting the following changes:
• Establish and fund an Internal Auditor.
• Creation of a new anti-corruption unit within the DeKalb Police Department, in concert with the FBI and GBI.
• Support the Board of Ethics and maintain its independence.
We are asking our Board of Ethics to demonstrate the value they place in restoring public trust in our local government by firing Kelvin Walton and Nina Hall if Interim CEO Lee May refuses to immediately do so as we have requested.
There are many DeKalb County taxpayers and voters that value restoring public trust and removing this “Cloud of Corruption”. We need the Board of Ethics to take immediate action to restore public thrust by removing this “cloud of corruption”.
Should CEO Lee May continue to employ Kelvin Walton and Nina Hall with pay, we respectfully request that the Board of Ethics exercise its given power to terminate Kelvin Walton and Nina Hall based on our presentments to the Board of Ethics, such as:
Restore Public Trust Ethics Complaint – Original
1st amendment – Restore Public Trust Ethics Complaint
2nd amendment – Restore Public Trust Ethics Complaint
Respectfully submitted,
Viola Davis
Community Missionary
Kelvin Walton Resigned and Nina Hall was Fired: We were Victorious!
Kelvin Walton Resigned and Nina Hall was Fired. We were Victorious!
We were victorious! We are proud to announce that Kelvin Walton has resigned and Nina Hall was fired.
We delivered a demand letter on behalf of vendors and contractors who had filed complaints 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. Due to prior complaints, sworn testimony, and evidence of alleged criminal activities, Vendors and Contractors registered with DeKalb County Purchasing and Contracting Department demanded Kelvin Walton and Nina Hall be fired.
DeKalb Purchasing Director Kelvin Walton, who secretly recorded conversions with Ellis, also is now the target of a federal investigation, according to Channel 2 Action News. Walton allegedly received several $1000 payments from a company called Metals and Materials Engineers (MME), which has received millions of dollars in DeKalb County Contracts, according to Channel 2 Action News. Read the entire article at http://www.ajc.com/news/news/dekalb-employees-depart-in-wake-of-ellis-trial/nhdgm/
The local government should focus on the needs of the public, provide a high quality of life, and restore public trust.
Please view: