A Fayette County magistrate
ruled Friday there wasn't enough evidence to suspect Peachtree City Mayor
Steve Brown of stealing city services.
The ruling came after a hearing
which featured ex-mayor Bob Lenox accusing Brown of illegally having city
employees babysit his children and keep his personal schedule.
After the ruling, Brown and
Lenox shook hands in a gesture of goodwill as Lenox said: "If you
won't attack my credibility, I won't attack yours."
Brown later said of Lenox's
overture: "That's all right. It's a start."
In announcing his ruling, Magistrate
Joe Tinsley said the evidence at the hearing didn't show Brown's conduct
had any "willfulness or desire." He added that the city's ethics
complaint process would be a better way to resolve the matter.
Lenox testified during the
hearing but Brown didn't. Lenox also called City Manager Jim Basinger
and secretary Gloria Reid as witnesses.
Reid said she volunteered to
take Brown's oldest daughter to golf camp on one occasion when the mayor
had a conflict with an important meeting.
"I said, 'Why don't you
bring her in and I'll run her over there?'" Reid said. "He said
okay and I didn't think a thing about it."
Reid estimated the trip to
the Braelinn Golf Club took her away from her city duties for about a
half-hour.
Lenox pointed out that arrangement
was made several days in advance and Brown could have made other arrangements
to get his daughter to the golf camp.
On another occasion, when the
mayor was late to a meeting and brought his children to City Hall, Reid
said she kept an eye on the mayor's two children, but again, the mayor
did not ask her to.
Reid said she attended to the
children for approximately 10 to 15 minutes total during the estimated
two and a half hours the mayor was in meetings.
"They got hungry and they
were thirsty and they had to go to the bathroom, so naturally, I looked
after them," Reid said of the girls.
As Lenox questioned him, Basinger
acknowledged that Brown had offered to pay the city for Reid's time, but
he had not done so before the hearing.
Basinger said while other council
members have brought their children to the office in the past, he couldn't
recall them being left in the care of city employees.
In his testimony, Lenox said
he didn't remember who originally informed him of one of the incidents
Lenox used to base his three criminal complaints against Brown.
"I do not recall who told
me about it probably someone at City Hall," Lenox said.
In his opening statement, Lenox
said he didn't bring the action against Brown for political purposes.
"Since 1958 Peachtree City has had a reputation for governmental
integrity and honesty," Lenox said, indicating Brown had recently
put that reputation "in jeopardy."
As the hearing began, Lenox
said he had no interest in seeing Brown jailed, or handcuffed for that
matter. After it was over, Lenox said he simply "wanted the public
to know."
In his closing, Lenox drew
parallels to the recent criminal case against former DeKalb County sheriff
Sidney Dorsey, who had staffers perform personal duties for him. But Tinsley
later said the level of Dorsey's corruption couldn't be compared to this
case.
Brown's attorney, Brenda Joy
Bernstein of Atlanta, argued in her closing that there was no evidence
that Brown intended to defraud the city. "To say this reached a criminal
level ... is preposterous," Bernstein said.
After the hearing, Brown said
he is paying for Bernstein's services himself, but he might ask the city
to foot the bill through its indemnification resolution, which allows
for city officials to have city-funded attorneys appointed for them in
a number of circumstances.
Brown wouldn't reveal how much
he had paid Bernstein, but if the city picked up the tab it would become
a matter of public record, he noted.
Brown previously cited himself
for allowing a city secretary to take his daughter to golf practice while
he attended a meeting in Fayetteville. He has also offered to pay the
city back for the employee's time, but has not yet done so, according
to the testimony of City Manager Jim Basinger.
Thursday night, the City Council
initiated the ethics board process for Brown's self-complaint by selecting
a five-person panel to take up the issue.
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