Public
disclosure, again: I live on Peachtree City's west side.
My residential lot abuts the unfinished - and
uniquely unbuffered - parkway that will serve the
as-yet unannexed West Village. And remember that Webb and
firm are suing me and the paper for running letters to
the editor about some of the stuff that follows. Keep
that in mind.
They must think we're all
stupid, those three members of the Peachtree City Council
who voted last week to appoint Rick Lindsey, the law firm
partner of Jim Webb, to serve as city attorney.
Mayor Bob Lenox,
attributing the controversy over Webb's reappointment to
politics and personal animosities, nevertheless made a
perfunctory concession to public opinion by nominating
Webb's law firm partner - but not Webb - to
serve out this year's term.
Lenox and council members
Bob Brooks and Carol Fritz made a distinction without a
difference, apparently assuming that Peachtree City folks
would accept the deception and - in those famous
words - "move on." I guess that their city
attorney didn't explain to council members that, for
purposes of liability and attributions of any conflicts
of interest, even the State Bar of Georgia considers the
employment of one member of a law firm as the employment
of the entire firm.
So, for legal and financial
purposes, the council voted 3-to-1 to reappoint the
entire firm - Webb included.
Lenox said that possible
conflicts of interest involving Webb were merely
"allegations" that didn't rise to the level of
fact.
Well, excuse me, but
wouldn't council's proper response to such
"allegations" be to inquire into their
substance by questioning their "independent
contractor" publicly and requiring Webb and firm to
respond publicly to the "allegations"?
No, not for this bunch.
They instead ignore the "allegations" -
some of which were reviewed in this column last week
- gloss over the controversy by attributing it to
"politics" and "personal
animosities," and blithely reappoint the same firm.
It would be real simple for
council members sincerely interested in the truth:
Mr. Webb, while you were
city attorney in 1997, did you have a financial interest
in property affected by a proposed city buffer?
Mr. Webb, did you take part
in discussions about the expanded buffer?
Mr. Webb, did you make
recommendations to council during this discussion?
Mr. Webb, did you make a
public disclosure - either written or verbal -
at any time during those discussions that your personal
financial interests were involved?
Mr. Webb, why not?
And most to the point, Mr.
Webb, why did you not do the right thing and step aside
and recuse yourself from ANY discussions about the buffer
since you knew - but the public did not - that
you had a personal financial stake in the outcome?
And this, for the benefit
of the public:
Mr. Webb, when you began
discussions about becoming a start-up investor in a new
bank during the past couple of years, why did you not
consider it at least politically improper for the city
attorney to enter into a for-profit business relationship
with two major Peachtree City developers, both of whom
have sued the city in the recent past and one of whom is
suing the city currently?
Mr. Webb, did you ever
consider how the public might look at your business deal?
Doesn't Canon 9 of your ethics code require you to
consider whether your actions might be seen as improper?
And, again, for the benefit
of the public:
Mr. Lindsey, are you not in
fact in a for-profit business and professional
relationship with Mr. Webb, the senior partner in the law
firm in which you are also a partner?
Mr. Lindsey, as city
attorney, will you not make use of the resources of the
law firm of Webb, Stuckey and Lindsey, including possibly
other attorneys and paraprofessionals?
Mr. Lindsey, what is your
official legal opinion as to whether, for legal and
public perception purposes, this city council has
appointed just you and you alone - and not Jim Webb
and his law firm - to be city attorney?
Mr. Lindsey, do you think
that this "distinction" tends to increase or
decrease public confidence in its public servants? Or do
you think that this "distinction" serves merely
to dupe the public?
Voting against the
reappointment was Councilman Dan Tennant. Councilwoman
Annie McMenamin abstained because her daughter works for
Webb, Stuckey and Lindsey.
Meanwhile, Mayor Lenox
presses forward to get the West Village annexed into
Peachtree City for the benefit of some big-bucks
developers, one of whom is Webb's fellow bank start-up
investor and board member.
The other bank board
developer and his business associates have already sued
the city within the past two years - while Webb and
firm were city attorney - and won. That developer's
victory is giving the west side 399 new apartments and
some 200 prefab cluster homes, some of them abutting
railroad tracks.
The big annexation sought
into Peachtree City at least another 3,000 to 4,000
residents instead of a third or a fourth that many if the
land remains in the county.
The losers in that
high-density annexation will be the ordinary residents of
Peachtree City, many of whom live on the already
traffic-choked west side, far away from Lenox's posh east
side estate.
But, hey, despite the
stench arising from Peachtree City Hall, despite the
big-money interests overriding ordinary citizens' quality
of life concerns, let's get over this conflict of
interest stuff and this ethics stuff and this annexation
opposition stuff and let's just move on.
Indeed, let's just move on.
At least three members of the Peachtree City Council have
done just that.
The numbers game = big
bucks.
The mayor is willing to let
the developers build at least 1,450 single family homes
in the proposed West Village, according to his city
website presentation.
Let's see: How much money
would that be?
At a conservative average
sales price of $175,000 per home, that would weigh in at
a staggering $253 million worth of residential
development alone, to say nothing of the 100-bed care
home and the 30 acres of commercial construction.
That's more than the Big
Game lottery pool last week. There's a lot more involved
with this annexation than just aesthetics and traffic
tie-ups.
Please note: My column last
week contained an error. I stated that Webb and firm were
currently defending the city against the Pathway suit
involving the traffic impact ordinance.
Not so, says city
spokesperson Betsy Tyler. Instead, the city is currently
being defended in that suit by an Atlanta lawyer selected
However, I have in my hands
a copy of the city's "Defenses and Answer" to
the Pathway suit, filed with the clerk of superior court.
The date is Dec. 3, 1999, and the lawyers signing it on
behalf of the city are none other than the Atlanta
attorney and - da-dum - Richard P. Lindsey for
the law firm of Webb, Stuckey and Lindsey. Apparently,
the operative word is not "is," but
"currently."
But also note that Pathway
is still the driving force behind the push to get 900
acres annexed into the city for the West Village. Webb
apparently is still in a for-profit banking business
relationship with the CEO of Pathway. And Lindsey and the
Webb firm are still the city attorney and are still
giving the council legal advice about annexation and
development-related issues.
Has anything really
changed?






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