'Slapp' suit strike at very heart of our constitutional process

Opinion
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'Slapp' suit strike at very heart of our constitutional process

Opinion
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In California, "It

seems that developer George Argyros, who wants to build a

Wal-Mart store in Huntington Beach, invested about

$100,000 in Pacific Liberty [bank] earlier this year,

when the tiny bank was just starting. The investment came

shortly after the city of Huntington Beach gave his

Wal-Mart project the green light. One of the bank's

founding members is City Councilman Dave Garofalo, the

incoming mayor, who invested about $50,000 in the

bank" (LA Times, Dec 3, 1999).

What? A new local bank

founded by a city official and a local developer making a

large deposit after gaining city approval for his big box

development. Has this scenario come up somewhere before?

The major question is was the Huntington Beach city

attorney also involved in the new local bank?

You will all be glad to

know that the city attorney, Gail Hutton, did the right

thing. "Hutton said she declined repeated

invitations to invest in Pacific Liberty because of her

concern that it might appear to compromise her own

independence. `I was approached by Pacific Liberty Bank,

and I declined to [invest],' Hutton said. The reason she

explained, had to do with her experience more than a

decade ago in the now-defunct Huntington National Bank.

`Among other things, I had previously invested in a bank

that was promoted in Huntington Beach, and I felt that

this created a lot of difficulties for me to function as

city attorney because once in a while, they have a matter

coming before the council, and if I have any investment

over $1,000, it is necessary for me to abstain and recuse

myself. That costs the city money' (OC Weekly, Nov.

26-Dec. 2, 1999).

Let us not forget our very

own ethics hero - Wright Lipford. In 1985, Lipford

was the attorney for the Peachtree City Development

Authority. He was offered a substantial stake in a new

bank named Peachtree National Bank. Simultaneously, the

bank was asking for $1.2 million in development bonds

from the Development Authority. Would Lipford's dual role

of bank partner and Development Authority attorney be a

conflict of interest?

Later in October of 1985,

it was announced that Wright Lipford had released himself

of all interest in the bank. Lipford's period of

circumspection resulted in an ethically stable

environment untainted by even the appearance of a

conflict of interest.

Upon dropping the SLAPP

style lawsuit against me, the statement released by Webb,

Stuckey and Lindsey said, "... the publication of

Mr. Brown's letters in The Citizen was politically

motivated" (The Citizen, June 28).

I was truly motivated to

clean up the mire of what still appears today to be a

prospective conflict of interest in our political

process. Public disclosure leading to public debate is

what makes democracy a wonderful thing. City attorney

Rick Lindsey's phrase of "both lengthy and

expensive" which initiated the lawsuit smacks of

intimidation and that is what drags democracy down to the

murky depths of political favoritism.

The single most powerful

development corporation in our city presents a voting

member of the Atlanta Regional Commission, chairman of

the Chamber of Commerce, active member of the Development

Authority, lawsuits against both Peachtree City and

Fayette County, a request for the most controversial high

density annexation in Peachtree City's history and a

request for substantial zoning changes. When combined

with the fact that the Webb, Stuckey and Lindsey firm

presents an active business relationship with the CEO of

the aforementioned institution, I truly worry for

everyone in Peachtree City.

I still cannot help but

raise the question yet again, why did the city select

such a firm, the highest bidder no less, to represent us

as our city attorney? Of course, Webb, Stuckey and

Lindsey's statement dropping the lawsuit acts merely as a

deflection device from the true crux of the issue at

hand, and that is, are their actions worthy of our

respect and will the public be the one receiving

the utmost benefit in this clouded environment?

I did not expect to be sued

for commenting on issues that effect the vitality and

quality of life of Peachtree City and Fayette County. I

also did not expect to be publicly lambasted by a public

servant and then have yet another public servant angrily

yell "no" and "this is my meeting"

upon my request to reply.

Never in my wildest dreams

did I think that I would have to be considering taking

out a second mortgage on my home to defend my family and

myself against a local government official. You can

imagine my fear upon researching SLAPP actions and

discovering that some individuals were spending up to

$50,000 to defend themselves against their local

government official's wrath upon being criticized or

critiqued.

My saving grace was my

faith in God and the incredible expressions of love from

my neighbors all over Fayette County. Many people

contacted me and said that they were praying for me and

lawsuit filed against me has been dropped.

Total strangers were

sending me cards, letters and money to help me get by

during the stressful time. I want you all to know that

your encouragement helped my wife and me to keep a smile

on our face and realize that we were going to make it.

It now appears that I will

have to file a countersuit in order to pay back those who

gave of themselves financially to help keep me afloat.

On behalf of my family and

me, we love you all and we thank you for working to make

Peachtree City such a great place to live. Never stop

fighting for your community!

Steve Brown

[email protected]

Peachtree City

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