Peachtree City Councilman Dan
Tennant has demanded that the city dismiss City Attorney Rick Lindsey
because of Tennant's charge that members of Lindsey's law firm have improperly
handled allegations against him.
Questions about whether Tennant
had sexually harassed a city employee were investigated by Lindsey, but
the investigation was handled as an administrative matter and not pursued
further. Tennant says he believes information about the matter improperly
leaked from Lindsey's firm to a law firm representing Tennant's wife in
the couple's divorce case.
The councilman also has filed
a complaint against Lindsey and Susan Brown, a member of his law firm,
with the State Bar of Georgia.
In a letter to Mayor Bob Lenox
Oct. 16, Tennant's attorney, Peter Wynkoop, accused Brown, a lawyer working
for Webb, Stuckey and Lindsey, of a "sordid and very unethical attempt
to unjustly portray Mr. Tennant as a sexual predator."
Brown is the daughter of City
Councilwoman Annie McMenamin, who has had frequent strong disagreements
with Tennant over city policy, including the appointment of Webb, Stuckey
and Lindsey as the city attorneys.
Brown and McMenamin also are
close friends of Nancy Faulkner, city clerk.
Faulkner was deposed Aug. 18
representing Tennant's wife, Kris, in the couple's divorce proceedings.
Wade is married to John Wade, who also is an attorney for Webb, Stuckey
and Lindsey. The Tennant's divorce since has become final.
Questions in the deposition
revolved around a variety of conversations between Faulkner and Tennant.
As city attorney, Lindsey attended
the Aug. 18 deposition because he was concerned that the questioning might
relate to Faulkner's duties at the city, he said in a memorandum filed
with the city.
Part of the questioning focused
on a conversation that took place as Tennant was helping Faulkner put
some books into a city supply closet early this year. Faulkner said Tennant
had asked if she had ever fooled around in a supply closet and, when she
answered no, joked, "wouldn't you like to."
She also testified that she
took the remark as a joke and did not consider it sexual harassment.
Faulkner also testified that
Susan Brown had later asked her to voluntarily testify against Tennant
in his divorce case after she told Brown in casual discussions about the
supply closet incident.
To Tennant, that's the key
to his complaint. "Why would Susan Brown, Annie McMenamin's daughter,
have any interest in asking any person to testify against me in my divorce?"
Tennant asked in a letter to The Citizen.
Following the deposition, Lindsey,
City Manager Jim Basinger and Mayor Bob Lenox asked Tennant about the
remark, and he said he remembered the conversation differently. "Mr.
Tennant, who was in attendance at Nancy's deposition, denied that he had
made any comments concerning 'sex in the supply closet' to Nancy and had
no recollection of ever having made such statements or similar statements
to Nancy at any time," said Lindsey.
According to Lindsey, Tennant
later sent him a memo stating that the conversation in question happened
during the time that sexual harassment allegations resulted in the dismissal
of Mike Bryant as city manager of Fayetteville this past spring. Tennant
said he jokingly told Faulkner, "I'll bet Mike Bryant would manage
to get himself into trouble in a situation like this," to which Faulkner
replied something like, "Fortunately, I've never been in that situation."
Lindsey told The Citizen this
week that he is the only person in his firm that represents the city of
Peachtree City, and "I didn't know a thing [about the entire matter]
until I was given a 'heads up' that Ms. Faulkner was being subpoenaed."
Even as city attorney, Lindsey
said, he does not represent Tennant or any council member as individuals.
"I represent the city," he said, adding that Brown and McMenamin
have agreed not to talk about city business.
Brown has denied calling Faulkner
and asking her to testify against Tennant, he added. "Susan... did
not make those calls to anybody, period," he said.
In Faulkner's sworn deposition,
she stated that Brown contacted her. "We had had a conversation and
then she [Brown] called and asked me if I would be willing to testify
about the conversation we had had a few days earlier or weeks. I don't
really recall," Faulkner testified, according to the transcript of
the deposition.
Faulkner also testified that
she had mentioned the supply closet incident to Brown's mother, Councilwoman
Annie McMenamin. McMenamin earlier this year had filed and later withdrawn
an unrelated ethics complaint against Tennant.
Tennant's attorney Wynkoop
said it's a matter of appearances. "Lawyers are supposed to avoid
even the appearance of impropriety," he said. Tennant and Wynkoop
charge that Tennant is being persecuted because he has stood up against
special interests in his actions on City Council.
As for Lindsey's assertion
that he represents the city, not individual council members, Wynkoop said
confidences still should be kept. "It's no different than if a law
firm represents a corporate board of directors and finds out something
about a member of the board of directors and gives that information to
another member to use in a political way," he said.
"Mr. Tennant will not
accept the continued employment by the city of Peachtree City of this
man or any person from his ethically challenged law firm," Wynkoop
said in his letter to Mayor Lenox.
"Pending resolution of
these complaints, Mr. Tennant requests that Mr. Lindsey be suspended as
the city attorney for Peachtree City. Failing this action, I request to
be informed of the date and time of any public hearing on any action to
continue the employment of Mr. Lindsey or any other attorney of the firm
of Webb, Stuckey & Lindsey, L.L.P.," the letter stated.
An investigation by Lindsey
into the supply closet incident was closed Sept. 20 after the city clerk
refused to be interviewed by him about the alleged Tennant remark.
"On Monday, Sept. 18,
2000, I received an e-mail message from [City Clerk] Nancy [Faulkner]
that she did not wish to be interviewed by me, that she did not feel that
she was sexually harassed by Mr. Tennant, and that being interviewed by
me would be a harassment in and of itself," Lindsey wrote in his
concluding memo to Lenox, Basinger and council members.
Lindsey in his report said
he had conducted a "thorough investigation" into the incident
and determined that "since Nancy Faulkner has continuously stated
that she does not feel that she was sexually harassed by Dan Tennant and
since both Nancy and Dan remember this event differently, it is my recommendation
that no further action take place."
The "investigation"
apparently began after Lindsey met privately with Basinger, Lenox and
Tennant Aug. 21 at City Hall, according to Lindsey's report.







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