DeKalb lawmakers will attend ethics town halls despite “cancellations”

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LOCAL NEWS  | Oct 7, 2019
By Tia Mitchell, The Atlanta Journal-Constitution

Georgia Sen. Emanuel Jones’ office announced this week the cancellation of two remaining town hall meetings intended to educate DeKalb County voters on the ethics referendum provision on the ballot.

Several lawmakers responded first with dismay about Jones’ decision, and later with defiance.

The meetings will go on, several legislators told The Atlanta Journal-Constitution, because they made promises to answer questions about the controversial proposal ahead of Election Day in November.

“We’ve made a commitment to constituents to be accessible over the next month, and I fully intend to fulfill that promise,” Rep. Matt Wilson, D-Brookhaven, said.

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Press Release: Community Leaders Lining Up Against the Fatally Flawed Ethics Act

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For Immediate Release

Community Leaders Lining Up Against the Fatally Flawed Ethics Act on DeKalb County’s Ballot for November 5, 2019

[DeKalb County, GA]—DeKalb County community leaders are lining up against the Revised Ethics Act that will be on DeKalb County’s ballot on November 5, 2019. 

Dr. Paul Wolpe, Director of the Emory Center for Ethics, an internationally renowned ethics expert and a DeKalb County citizen, has reviewed the proposed legislation. “The bottom line is that this bill is clearly meant to weaken and dilute the excellent policy passed in 2015, without any convincing reasons to weaken the bill,” Dr. Wolpe concluded. 

Leading members of the first Blueprint to Redefine DeKalb, including Ted Daniel, Brenda Pace, Robert Glover, Judge Patricia Killingsworth, and Dan Wright, have joined PRISM (Pride Rings In Stone Mountain), DeKalb Strong, and Concerned Citizens for Effective Government in taking issue with the proposed ethics board changes. 

“Requiring employees to go through Human Resources first will no doubt have a chilling effect on county employees reporting wrong-doing when they see it,” stated Judge Killingsworth, who is also a prior chair of the Board of Ethics, and who strongly disagrees with the proposed amendment. “By discouraging and indefinitely delaying the right of an employee to file a complaint with the ethics board, this bill could very well result in unethical acts going unpunished.” 

Further, a 2017 study of DeKalb’s Culture by the University of North Georgia’s BB&T Center for Ethical Leadership stated that “Due to below average scores on indicators such as leadership confidence, perceptions of the county’s leadership ability to articulate a clear future and vision, employees understanding of the county’s values, and overall communication we recommend remediation for the county government and its employees.” 

“Voters need to send a clear “no” to the county and legislature regarding this flawed revised ethics act,” stated Mary Hinkel, chair of the DeKalb Citizens Advocacy Council. “The only thing the Supreme Court struck down was the appointment of four of the seven members of the board who were selected by community groups. The simple fix of those four appointments can be made, and the board can be up and running by the end of March.” 

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For more information, visit www.dekalbcitizens.org/about-us. 

The DeKalb Citizens Advocacy Council (DeKalb Citizens) is registered as a nonprofit corporation in the state of Georgia and will be filing shortly an application for recognition of exemption under IRS Section 501(c)4. DeKalb Citizens Advocacy Council is a group of community members from throughout DeKalb County, Georgia, that has formed a ballot committee to defeat the revised ethics act, which is on the ballot for the November 5, 2019 general election. DeKalb Citizens’ mission is to educate the citizens of DeKalb County about county governance issues and to advocate for informed citizen engagement. The organization’s members research topics, including filing open records requests and seeking out best practices from other jurisdictions. The goal is for DeKalb County to model excellence in citizen engagement and county responsiveness to citizen concerns. 

www.dekalbcitizens.org

Media Contact:

Mary Hinkel                                    Martha Pacini
[email protected]                      [email protected]
(404) 312-8646                                           (404) 285-7042

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2019 Ethics Referendum FAQs

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Rather than having private community groups appoint board members, they could nominate candidates for the Board of Ethics. Elected officials would then appoint from the pool of nominees. This is a very simple change to the current ethics act. It doesn’t require a referendum.

Other local governments affected by the State Supreme Court decision (such as City of Atlanta) have already adopted this simple change.

The Charter Review Commission is not yet formed. We don’t know when it will be formed. However, it is our viewpoint that, if and when the commission is formed, we could have those well-qualified people discuss any additional “fixes” to improve the Board of Ethics and strengthen the Code of Ethics.

In the meantime, the DeKalb legislative delegation should stay focused on the immediate issue at hand: revising the appointment process in a timely manner so the Board of Ethics can get back up and running.

That just isn’t the case.

The process works like this:
(1) The ethics officer investigates the complaint to determine if the Board of Ethics has jurisdiction over the matter and if there is sufficient evidence to proceed.
(2) If so, then the person filing the complaint prosecutes the complaint.
(3) The Board of Ethics hears the matter, reviews the evidence, and makes a decision. This unified process assures that the board’s decision-making is informed and swift. Any decision can be easily appealed to Superior Court if desired by the parties involved.

To emphasize: There is no single person or board that is a judge, jury, and executioner. The current rules assure that the process is well considered, balanced, can be appealed, and is fair.

In Georgia, a county’s code of ethics covers all employees and the elected officials NOT mandated in the state’s constitution. Constitutional offices include: superior and state judges, the district attorney, the solicitor of state court, magistrates, judges of lower courts, the sheriff, AND their respective staffs. Constitutional positions are NOT covered by a county code of ethics because, in theory, ethical issues involving these positions are dealt with by professional, state-level organizations.

In the DeKalb Code of Ethics, any person elected or appointed to or employed or retained by DeKalb County or any agency [not including the constitutional offices mentioned above], whether paid or unpaid and whether part time or full time is covered by the code. Also, retired employees or former county employees are covered if and when they are later employed or retained by the county or a county agency.

In order for the county to be properly governed and for citizens to have public confidence in that government, it is essential that the county’s officials and employees are, and give the appearance of being, independent and impartial and that they do not use public office for private gain. The Code of Ethics establishes the proscribed conduct that officials and employees SHOULD NOT engage in. The ethics office provides education and training for county officials and employees on awareness of ethical issues and compliance with the code. The ethics office also provides advisory opinions to all officials and employees who seek advice on ethical issues.

The ethics office is the smallest division in DeKalb County government. The yearly budget of the Board of Ethics and officers is $500,000, which includes all expenses, including two legal officers who:

  • Determine jurisdiction;
  • Determine whether a preponderance of evidence is present to pass the threshold for an ethics claim;
  • Manage the complaint process, including the Hotline;
  • Provide ethics education to DeKalb employees and officials; and
  • Provide necessary legal advice to the Board, which relies on the ethics officers’ expertise in this area.
  • If the Board were to use outside legal counsel for these services, we, the citizens, would be paying much more and the operations of the Board of Ethics would not be as efficient and cost-effective.

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Conversation Guide

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 What to talk about when you’re talking about ethics. 

A conversation guide. 

The situation with the revised ethics act is complex. It is easy to get lost in the nuances, line-by-line details, and politics of the revised act. But the bottom line is this: Vote NO on November 5, 2019. Don’t be fooled by the harmless language that is used for ballot. Remember that 92% of DeKalb voters previously passed a law that set up an INDEPENDENT ethics board. We currently have active ethics laws, an ethics officer, and 3 approved members of a 7-member board. 

Conversation Starter. First, introduce yourself. Then, try these questions to start the conversation: 

  • Did you know that there is a revision to the ethics act on the ballot on November 5? 
  • What do you know about the revision to the ethics act that is on the ballot on November 5? 
  • Do you think it is important for all of our elected and appointed officials, as well as county employees, to abide by a consistent set of ethical guidelines? 

Listen to the answers. If they don’t know about the ethics act, then it is an opportunity to educate them. 

Main Points. Here are the three primary reasons to vote against the ethics act: 

It guts the ethics board’s independence. The bill undermines the independence of the ethics board by giving the DeKalb County CEO and Commission the power to interfere in ethics board governance through policies, procedures and appointments. 

It sets up roadblocks for reporting ethics violations. The bill sets up roadblocks for employees to submit their concerns to the ethics board by forcing them to go through Human Resources. 

It eliminates the professionalism of the ethics office. The bill downgrades the ethics officer position to that of an “administrator” with no requirement for work experience or legal or ethics training. 

Answers to Questions/Concerns. People hear things, and they aren’t always correct. Here are the top three questions you may be asked: 

Why is this on the ballot? The state supreme court threw out the nomination process for the board members, which included four positions appointed by community groups rather than elected officials. This ruling affected not only DeKalb, but all other boards with sanctioning authority that used community groups. That is the only thing that needs to be changed. Those four members who were formerly appointed by community groups should now be appointed by elected officials who are not under the purview of the ethics board, such as a state court judge or the legislative delegation. That is the only thing that needs to change, and that change does not require a referendum. We must have a referendum now because we have changed the duties of the CEO and Commission by involving them in the appointments and the review and approval of processes & procedures. 

But, we won’t have an ethics board unless we vote for this. The DeKalb County delegation simply has to change the appointment process by having those four members previously appointed by the community groups be appointed by the delegation or judges. A simple change to the appointment process does not require a referendum, and the ethics board could be at a quorum in March. Be clear—this revision that is on the ballot is bad enough that we are better off without an ethics board until one without conflicts of interest can be appointed. 

Why are we still paying for an ethics office? The State Supreme Court ruling only affects the appointment process, not the rest of the duties of the ethics function in DeKalb. The office still does training for all county employees, provides advisory opinions, reviews all tips that come in on the hotline, does investigations, etc. Cases being heard by the ethics board is what cannot happen until there is a quorum on the board. 

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DeKalb County Legislators Defend Ethics Bill as Criticism Mounts

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NEWS  | Sept 18, 2019
By Tia Mitchell, The Atlanta Journal-Constitution
Members of the DeKalb County Legislative Delegation said the ethics reform bill they approved earlier this year was the result of weeks of collaboration, not a watering down of previous reforms as critics describe it.

Lawmakers on Monday held the first of four town hall meetings to discuss the contents of the ethics bill, which requires voters’ approval in order to become law. That referendum will be on the ballot countywide in November, and delegation members say misinformation is clouding the debate.

“It’s just not true to say that this bill is weak on ethics,” Rep. Renitta Shannon, D-Decatur, said. “And we would not have voted for it if it was weak on ethics.”

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Press Release: Ethics Experts Lining Up Against the Fatally Flawed Ethics Act

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Embargoed Release Until September 16, 2019 

Ethics Experts Lining Up Against the Fatally Flawed Ethics Act on DeKalb County’s Ballot for November 5, 2019

Ethics experts and other leaders in the county are lining up against the Revised Ethics Act that will be on DeKalb County’s ballot on November 5, 2019. 

Dr. Paul Wolpe, Director of the Emory Center for Ethics, an internationally renowned ethics expert and a DeKalb County citizen, has reviewed the proposed legislation. “The bottom line is that this bill is clearly meant to weaken and dilute the excellent policy passed in 2015, without any convincing reasons to weaken the bill,” Dr. Wolpe concluded. 

Former ethics board members, Susan Nugent, Teri Thompson, Scott Bonder, and Isaac Blythers, as well as Judge Patricia Killingsworth who is a member of DeKalb Citizens, have also reviewed the proposed changes and taken issue with them. 

“By forcing employees to go through Human Resources, this bill will have a chilling effect on county employees’ ability to report wrong-doing when they see it,” stated Judge Killingsworth. “Human Resources could delay an employee’s right to go to the ethics board indefinitely, which is not acceptable.” 

Further, a 2017 study of DeKalb’s Culture by the University of North Georgia’s BB&T Center for Ethical Leadership stated that “Due to below average scores on indicators such as leadership confidence, perceptions of the county’s leadership ability to articulate a clear future and vision, employees understanding of the county’s values, and overall communication we recommend remediation for the county government and its employees.” 

“Voters need to send a clear “no” to the county and legislature regarding this flawed revised ethics act,” stated Mary Hinkel, chair of the DeKalb Citizens Advocacy Council. “The ballot language sounds good, but what lies beneath it in the actual act is rotten to the core.” 

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For more information, visit www.dekalbcitizens.org/about-us. 

The DeKalb Citizens Advocacy Council (DeKalb Citizens) is registered as a nonprofit corporation in the state of Georgia and will be filing shortly an application for recognition of exemption under IRS Section 501(c)4. DeKalb Citizens Advocacy Council is a group of community members from throughout DeKalb County, Georgia, that has formed a ballot committee to defeat the revised ethics act, which is on the ballot for the November 5, 2019 general election. DeKalb Citizens’ mission is to educate the citizens of DeKalb County about county governance issues and to advocate for informed citizen engagement. The organization’s members research topics, including filing open records requests and seeking out best practices from other jurisdictions. The goal is for DeKalb County to model excellence in citizen engagement and county responsiveness to citizen concerns. 

www.dekalbcitizens.org

Media Contact:

Mary Hinkel
[email protected]
(404) 312-8646

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Press Release: DeKalb Citizens Advocacy Council Forms Ballot Committee to Defeat Revised Ethics Act

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For Immediate Release

DeKalb Citizens Advocacy Council Forms Ballot Committee to Defeat Revised Ethics Act

 [DeKalb County, GA]—A group of concerned DeKalb community members have formed a ballot committee to educate DeKalb County citizens on the fatal flaws contained in the revised Ethics Act to be voted on in the November 5, 2019 general election. The DeKalb Citizens Advocacy Council (DeKalb Citizens) includes residents from throughout DeKalb County who are committed to ethical governance, citizen engagement and transparency in county leadership and operations. 

“No legislation is better than bad legislation,” explains Mary Hinkel, chair of DeKalb Citizens. “The revised ethics act guts the independence of the ethics board, compromises the professionalism and efficiency of the board and staff, and puts up roadblocks for reporting ethics concerns. I encourage every DeKalb County citizen to review the revised act and vote “NO” on November 5.” 

DeKalb Citizens has identified three primary flaws with the proposed ethics act: 

Independence. The bill undermines the independence of the ethics board by giving the DeKalb County CEO and Commission review and approval of ethics boards policies and procedures. In addition, the CEO will now appoint one of the members of the ethics board. No other independent board is required to compromise its integrity by having those under the purview of the board involved in its governance. 

Roadblocks. The bill requires employees to go through Human Resources rather than reporting their concerns to the ethics board. Flying in the face of whistle blower protections, this requirement puts the decision of whether or not something is an ethics violation into the hands of a department that is unqualified to make that decision. In addition, Human Resources could subvert any investigation and delay indefinitely an employee’s ability to go to the ethics board. This requirement will doubtless have a chilling effect on employees reporting ethics violations. 

Lack of professionalism. The bill downgrades the ethics officer position to that of an “administrator” with no requirement for work experience or legal or ethics training. The legislation calls for a significantly less skilled individual, who will be unqualified to provide employee training, offer informal advice for those with questions, or have the responsibility to report criminal activity to law enforcement. It is considered standard for an ethics officer to have a law degree, but not so for an administrator. 

DeKalb Citizens is partnering with multiple groups in DeKalb County, including DeKalb Strong and PRISM (Pride Rings in Stone Mountain), to educate voters throughout the County about the defective nature of the bill. 

For more information, visit our website: www.dekalbcitizens.org

Media Contact:

Mary Hinkel                                    Martha Pacini
[email protected]                      [email protected]
(404) 312-8646                                           (404) 285-7042

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