An affront to the public interest: The Fayette County Board of Commissioners’ actions on animal issues and the broader implications:
The Fayette County Board of Commissioners’ July 13 decision to halt the long in-progress rewrite of the county’s animal control and shelter ordinances may have been perceived as a one-time lapse in judgment by the commissioners, but their second vote on this issue reveals systemic problems with our county government.
After “listening” to constituents, all Fayette citizens and animal advocates at the Aug. 10 meeting voice their concerns for three hours, Commissioner Brown motioned to reverse the halt of the ordinances. Neither Chairman Maxwell, nor Commissioners Oddo, Ognio, or Rousseau seconded the motion, causing it to fail.
The lack of regard for public interest on the part of these elected officials should be troubling to anyone who cares about accountable government.
Not only did the commissioners ignore those who elected them but they chose an option potentially harmful to vulnerable animals in our county. These ordinances required no additional funds from the county budget, had absolutely nothing to do with shelter expansion, and would have established a Citizen Animal Shelter Advisory Board, a vital component of modernizing and improving our current system.
Animal Shelter Director Jerry Collins even stated his opposition to an advisory board as he worried they would tell him how to act, even though the commission would ultimately control the advisory board. So what is the real reason Collins is opposing citizen involvement?
I originally expressed some of these very sentiments at the Aug. 10 meeting and could continue on the merits of these ordinances, but the board’s actions herald much graver implications.
Commissioner Ognio has stated time and time again that Steve Brown’s actions, working with county staff and attorneys to redraft animal ordinances, violated commission procedure.
Ognio stated to Fox 5 Atlanta, after the July 27 meeting, that “all we’re asking is that the commissioner that wants this ordinance to go forward is to come to the board and ask for that approval, and he’s not asking for it.”
Ognio broadened his comments during the meeting on Aug. 10, saying: “It was an ordinance created outside and brought in and required attorney review — well, that takes an action of the board to get the attorney to review it, and that action never happened.”
Similarly, Commissioner Oddo stated in the Citizen, published Aug. 2: “In my four plus years serving on the Board of Commissioners I am not aware of any ordinance that has been initiated outside the Board of Commissioners, nor legal expenses incurred without commissioners’ knowledge, consent, and input.”
Ironically, when Gregory and Brenda Moody petitioned to the Board on Feb. 28, 2013, to rezone 2.49 acres of land from A-R: Agricultural-Residential to A-R (LNS): Agricultural-Residential (Legal Nonconforming Status) to bring said property into zoning compliance, the board had no choice but to deny their petition due to the existing county ordinances. After this decision was handed down, Commissioners Ognio and Oddo both worked to change the zoning ordinances, without board approval.
I raised this point on Aug. 10 and Ognio had a response: “On the Moody situation — me and Commissioner Oddo worked on — I think if you go back and review the minutes the night we had to give them the devastating news that we had to turn them down because an ordinance that had been created was going to destroy our zoning completely. The board that was here at the time made a commitment that we would do whatever it took to create an ordinance and then everybody agreed and that’s in the minutes.” This is categorically false.
I painstakingly searched all the minutes for the 2013 board meetings. On Feb. 28, no motion was made by any member of the board to redraft ordinances. From Page 4 of the minutes: “Commissioner Ognio agreed with Commissioner Oddo. He said the entire board felt for the Moodys and have been in similar situations where something went wrong. He said if the board could vote with their heart they would vote one way, but there were legalities and other issues. He hoped the Moodys would hang in there and see if a solution could be found.”
This section continues briefly and no motion or agreement is made regarding this issue. However, about seven months later (a very similar time-period to the six months the proposed animal ordinances took to write) an ordinance change was added to the Sept. 26 agenda. Oddo and Ognio had proceeded without board approval and used staff and attorney time to draft these ordinances outside of the commission.
From the agenda request: “On April 11, 2013, Commissioners Oddo and Ognio requested the Planning Commission to review potential changes for variances for improved illegal lots and for the Planning Commission to work with the County Attorney.” Note that two commissioners is not a quorum, and that if three were present it would violate Georgia Code 50-14-1. Steve Brown is the subject of a double-standard.
Lastly, and possibly the most grievous offense, is criticizing Commissioner Brown and private citizens for not involving the commissioners in the process of rewriting these ordinances.
Ognio: “Commissioner Brown knows it takes three commissioners to pass anything, yet no other commissioner was invited to the meeting to discuss the proposed ordinance.” (The Citizen).
On April 27, 2017, an email from private attorney Tamara Feliciano (paid by an activist, not the county) regarding these ordinances was sent to all five commissioners. The following statement was included: “At this point, I believe it would be productive to meet with the commission to further discuss the proposed code updates. I would be happy to consult with the commission regarding these outstanding policy issues.”
Steve Brown acted by the book, and yet Randy’s rules prevailed.
Dunnchadn Strnad
Peachtree City, Ga.
