Board of Ethics Minutes
Law Enforcement Center Training Room
December 5, 2005
I. Meeting Call to Order at 6:36 p.m. by Chair Xernia Fortson.
Present: Chair Xernia Fortson, Catherine Maddox, Joel Tucker and Michael
McDade
Absent: Roosevelt Winfrey
II. Review/Change/Approved Minutes (October 10, 2005 & November 21, 2005)
Changes to October 10, 2005 Minutes
Chair Fortson had a change on page 1, Section IV, first line of paragraph 2, to
read, “Chair Fortson stated that the board could not meet this Sunday, October
16th due to scheduling conflict.” Chair Fortson also asked for the 4th sentence
“She stated that the timing….” to start as a new paragraph beginning with “Chair
Fortson stated that the timing…”. Chair Fortson asked for page numbers to be
inserted into the minutes.
Joel Tucker moved to accept the corrected minutes and second by Chair
Fortson. Motion carried.
Changes to November 21, 2005
Catherine Maddox asked for corrections to her name from “Katherine” to
“Catherine”. Michael McDade had an addition to Section VIII, paragraph 3, 5th
sentence to read “ Michael McDade stated that in respect to the evidence he finds
it difficult to tie the evidence to the type of ordinance that was violated, because
the complainant did not label the exhibits properly or as advised.”
Michael McDade made a motion to accept the November 21, 2005 minutes as
corrected. Motion second by Joel Tucker. Motion carried.
Chair Fortson asked to take item 4 of the agenda first.
III. Finalize Preliminary Reports – (Complaint against Council Members
McClure, Brewster, and Pittman filed by Council Member Rhodes)
Chair Fortson handed members the draft of the preliminary reports on the
complaints against Council Members McClure, Brewster and Pittman as filed by
council Member Rhodes and asked members to review and make changes. Chair
Fortson stated that on paragraph 2 of Council Member Rhodes complaint where it
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reads “…also serves as a violation of Georgia Constitution Article 3 Section 6
Paragraph 6(a) need to check the cite on the Georgia Constitution to make sure is
correct. Joel Tucker asked what would happen when there is a complaint on
someone who is now deceased. Chair Fortson answered that the board should still
provide an opinion and that the board should submit that question to the City
Attorney. Michael McDade stated that based on the current ordinance the board
would have to complete the process of the complaint and submit the board’s
opinion. Members discussed and questioned the process after the Ethics Board
rules out their final reports to Council. Chair Fortson stated that if there is a
question in regards to any offense or charges then the Ethics Board should seek
council from the City Attorney’s office.
Chair Fortson made some changes to the preliminary report. She first thanked
Joel Tucker for doing a good job and for taking the time in completing the report.
Chair Fortson stated to delete the first line under background that says “ On
November 28, 2005…” to “ The board…” The next change is to delete “newly
active” on the last line in that same paragraph. Also change on the 4th paragraph
“ay donations” to “any donations”. Chair Fortson stated that she will make any
grammar changes to the report. On the last paragraph change “Rhodes content
that the legal department” to “Rhodes content that the City legal council advise
council that the donation was not proper.” Chair Fortson asked that the city code
ordinance citation be change on the preliminary report and to add the current
board members to the report.
Joel Tucker made a motion to accept the Preliminary Report of the complaint
against Council Member Pittman with the changes that have been noted.
Seconded by Michael McDade. Motion carried.
Joel Tucker made a request for the board to seek legal advice from the city
attorney on the meaning of Section 2-4022 of the Ethics policy. Chair Fortson
stated that the complaint does not alleged Council Member Pittman engaged in
criminal activity. Chair Fortson explained that stealing something is to go in
without anyone knowledge or understanding, and that misappropriating funds is
different from stealing because Council Member Pittman has been allowed to use
the funds and was reimbursed. Chair Fortson stated that there is no allegation
that Council Member Pittman stole something. There is an allegation that she
misappropriated funds and there has not been a complaint that alleges a crime
occurred.
Chair Fortson asked members to review the report for any changes. Chair Fortson
made a change to delete Marcel Reed name from the report and add Catherine
Maddox. Joel Tucker asked to delete “that the board will refer the complaint to
the Georgia Attorney General’s Office for criminal investigation and
prosecution”. Chair Fortson stated that the board is bound to cite the Ethics
Ordinance. Michael McDade stated that Council created a Review Panel and
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they make the decisions on the actions. Members discussed whether a city
official could be reprimanded.
The board requested for the City Clerk’s Office to provide information on the
procedure and the penalties Council can implement once the Ethic Board finds
that a violation to the Ethics Ordinance has been made. Chair Fortson requested
for the information to be email to the members. Catherine Maddox recommended
that when the board finds that an alleged complaint has been found that a
violation has been violated that instead of using the word “reprimand” when
making the recommendations to use the word “actions’ when submitting the
reports to Council. Chair Fortson stated that she agreed but that she would like to
see the listings of actions and she agrees that the board makes their
recommendations as strong as possible.
Chair Fortson stated that she would email the preliminary reports to the board
members with the final changes.
IV.
Continue Review (Complaint against Council Member Ernestine Pittman
filed by Council Member Douglas)
Chair Fortson stated that all of the council members are given a $10,000 budget
and not all expenditures go to City Council because they are line items that do not
require Council approval, pursuant to her discussion with Brenda James, City
Clerk. One of the concerns is that the City Council is using the money the wrong
way, but the City is allowing constant reimbursement. The board read the East
Point City code Section 2-2005 on Budget policies.
Chair Fortson stated that she has not found a contract in the complaint that shows
that Council Member Pittman executed a contract on behalf of the city. Catherine
Maddox stated that her concern is the catering invoice that has the City of East
Point’s name. Michael McDade stated that what he saw in the exhibits is an
invoice not a contract with the City of East Point’s name.
Michael McDade made a motion that the board found unsubstantial evidence for
section 2-4014 (e) of the Ethics Ordinance that Council Member Pittman violated
laws or that she acted illegally to execute certain contracts on behalf of the City of
East Point. Motion seconded by Chair Fortson. Motion carried.
Catherine Maddox read section 2-4014 (b) and stated that she believes that
Council Member Pittman violated this code. Catherine Maddox made a motion
for the Board to find Council Member Pittman in violation of Section 2-4001 (b).
Michael McDade asked for discussion and questioned Mrs. Maddox to what
substantial evidence exist in respect to the exhibits that points to a violation.
Catherine Maddox stated that due to the invoice that has the City of East Point
name on it. McDade stated that he wants to make sure that there is substantial
evidence in order to find a violation. Catherine Maddox read the codes that she
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feels Council Member Pittman violated along with reading the newsletter that
mentions the dinner party and she expressed her concerns that this dinner party
was done as a private function. Michael McDade stated that Council did indeed
give permission for the dinner to be publicized. Chair Fortson asked for a motion
to be called. Catherine Maddox made a motion that Section 2-4001 (b) was
violated when Council Member Pittman executed the invoice for Down Catering.
Motion second by Chair Fortson. Michael McDade voted no as well as Chair
Fortson. Motion failed.
V. Adjourn
Chair Fortson made a motion to adjourn the meeting until next Monday,
December 12th at 6:30 to finalize the reports and completing the complaint for
the Complaint against Council Member Ernestine Pittman filed by Council
Member Douglas. Motion second by Michael McDade. Motion Carried.
Meeting Adjourned at 8:50p.m.
_________________________________
Agnes Beltran, Administrative Assistant
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