Two separate ethics boards
have met to organize their plans for looking into alleged
violations by city attorney Jim Webb and councilman Dan
Tennant.
Council members at their
last regular meeting Mar. 16 took turns drawing names
from a 10-member pool until two five-member groups were
selected. An organizational meeting was then set for
April 4, with attorney Andrew Whalen III of Griffin as
the advisor to both boards, but that was moved up to
Wednesday of this week..
Whalen is involved because
while city ordinances call for the city attorney to
normally advise the ethics board, the council determined
that would not be proper in either case since one
complaint involves the city attorney and other involves a
councilman. Whalen was appointed by the council at a rate
of $150 per hour.
Herman Pearson, Fred Brown,
John Dillahunt, Lynn Gray and Eileen Shaw were chosen to
investigate the Webb complaint. Steve Brown was excluded
from the pool because Webb has filed suit against him in
Fayette County Superior Court, and Jim Steinbach recused
himself from this case due to an unspecified conflict.
The Webb case stems from a
letter sent to city manager Jim Basinger by local
resident Mike Hyde, who alleged that Webb advised the
council concerning a proposed buffer ordinance three
years ago when a company he was involved in owned
property on Ga. Highway 54 that would be directly
impacted by the ordinance.
Pearson, Gray, Steinbach,
Brown and Tim Kaigler were selected for the Tennant case.
Tennant introduced an ordinance amendment at last week's
council meeting after circulating it by e-mail to other
council members for their input.
Fellow councilman Annie
McMenamin alleged that Tennant violated Georgia's
`sunshine laws,' which set guidelines for open meetings.
Brown was elected Wednesday
to chair the Webb group, while Steinbach was chosen to
chair the board looking into the Tennant case.
Brown and Gray were the
only members not in attendance Wednesday, and both of
them are serving on both boards. Brown is being contacted
and will be given an opportunity to decline the chair,
according to city clerk Nancy Faulkner.
Public hearings for both
cases are scheduled for Wednesday, April 12, at 6 p.m.
(Tennant case) and 7 p.m. (Webb case).
Tuesday, April 18, was
chosen as a backup date in case Brown and Gray cannot
attend the week before. All other board members said they
could be there, Faulkner said. The hearings can proceed
with a quorum, but the boards are wanting all members to
be in attendance if at all possible.
Other official action
Wednesday included approval of the service complaints for
both Webb and Tennant, which are simply formal documents
outlining what ordinance sections are being utilized in
the complaints and giving notification as to when the
public hearings are.
Tennant attended
Wednesday's hearing, but Webb did not, although he sent a
letter informing the board that he would be out of town
for a few days in the near future and he requested that
his hearing not be during that time. That was not a
problem, Faulkner said.
While the boards' primary
responsibility is to determine if the city's ethics
ordinance has been violated, there is a provision in the
ordinance that allows the boards to make recommendations
if they feel any changes or enhancements to the ordinance
are necessary.
The ethics ordinance will
also be discussed by the City Council at its upcoming
retreat, scheduled for April 7-8. Among the questions
that could be covered there, according to Faulkner, are
whether there should there be a statute of limitations,
if there is a provision for someone to withdraw a
complaint, and what happens if a conflict concerning a
board member is discovered after that person is named to
the board.
The board investigating the
Webb case asked for a copy of the tape from the 1997 City
Council meeting in which Webb made the comments that
brought about Hyde's complaint.
That portion of the tape
will be heard in public at the next meeting, Faulkner
said.







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