Channel 2 this evening, reported that Tom Hart is resigning his post as councilman for district 2 so that he can qualify to run for Mayor. I’d heard rumors a few weeks ago that he was considering this move. While this means that the gang of 3 will not be able to re-fire the police chief in the council meeting (since one of them will no longer be on the council), it does mean that there is some fair possibility that Hart could eke out a victory in the mayoral race in a run-off, the same way he won his current council seat.

Here’s the report from Channel 2 Action News:

The November election is fast approaching. Yesterday evening, I received the following press release from Bob Roche announcing that he has qualified for the District 2 race.

Doraville is ready for a fresh, clean start with sensible, level-headed leadership. So at your urging I filed qualification papers to run for Doraville City Council District #2 this afternoon.

Despite the current turmoil, I’m very optimistic about Doraville’s future. I am convinced the vast majority of citizens want a city government that works together to solve problems and guide our future.

With your support and the help of our neighbors and friends, we can make a new, functioning city government a reality. Please visit the website below and request a yard sign, make a contribution, or send in a comment.

Doraville’s future is at stake. Please join us!

Respectfully,

Bob Roche
(404) 226-1565
www.BobRocheforDoraville.org

Ever since the 2am meeting where Hart, Spangler and Lowe attempted to fire Chief King, people in Doraville have been talking recall. Finally, it appears the ball on this effort is moving forward, led by Karen Pachuta and Brian Bates. Download the full Press Release or read its text here:

August 30, 2007 – Doraville, Georgia – As a result of recent attempts to fire Doraville Chief of Police John King and repeated failure by Councilmen Hart and Spangler to provide credible reasons for the termination or any substantiated documentation, citizens of the City of Doraville have made application for recall for both.

Citing four (4) specific charges against Councilman Bob Spangler and six (6) specific charges against Tom Hart in their application for recall, residents Karen Pachuta and Brian Bates have called a 1:30 p.m. press conference for Friday, August 31, 2007, on the steps of Doraville City Hall to officially announce the recall and release the details of the charges.

The charges and supporting evidence and backup will be made available to the public and media at the press conference. In addition to discussing the Recall effort, Karen Pachuta and Brian Bates will address numerous false and misleading statements that Bob Spangler, Tom Hart and Ed Lowe disseminated to the media and public on August 21, 2007.

Specific to the recall process, separate committees have been created: Committee to Recall Bob Spangler, chaired by Karen Pachuta and Committee to Recall Tom Hart, chaired by Brian Bates. The committees have been registered with State Ethics Commission and bank accounts along with other campaign specific items such as website, e-mail addresses and phone contact numbers have also been established.

“This has gone too far and something needs to be done,” stated Brian Bates. He continued, “Residents have provided Councilmen Spangler and Hart with numerous opportunities and repeated requests to provide substantive documentation to justify the termination and they have stalled and remained silent at every front. We can only surmise that the attempt to fire our police chief is based upon personal and petty reasons and not sound evidence.”

Karen added, “This is about the citizen’s voice being heard. If they don’t hear us in council chambers then perhaps they will hear us at the ballot box. This is not about one or two citizens being unhappy, there are hundreds of residents who are angry and embarrassed at the actions of our City Council. Doraville citizens are demanding that something be done.”

Maybe someone can attend Friday’s 1:30pm press conference & let us know how it went.

Update: A website for the recall movement has been set up at http://www.doraville-recall.com/

I’ve been told that Tom Hart is claiming that Marlene Hadden, Ray Jenkins and John King have been conspiring him. According to my source (and several other Hart supporters who have been posting on the message boards), Hart is claiming that there was a secret telephone meeting where Mayor Jenkins and Councilwoman Hadden called up the other council members and demanded that they sign off on the Super H-Mart.

This didn’t really make a lot of sense to me. As far as I knew Super H-Mart had changed their plans so that it included more parking spaces and less building, and did not need to go back to the council. I also did not think that any kind of “telephone vote” would be legal.

Let’s just say that I was generally confused by all these statements. Since Tom Hart’s people have been having their say, I figured I’d ask Marlene for her side of the story. Here is her response:

The Mayor phoned councilmembers and asked us how we felt about Peachtree Pavillion as it had met all of its requirements according to law. Apparently, Entsminger is afraid to do his job and foisted off on the Mayor, and Council, to get their opinions, as we are inline to be sued if we keep procrastinating on issuing, not a building permit, but some type of site permit, but definitely not a building permit was what I was told. It was NOT a vote. Remember, Ray is often not capable of making a decision or seeing Entsminger does his job and he lets Hart run a good bit of City business.

I was not in the Mayor’s office when he called Ed or Donna or Tom and was in my car when he called me. I later stopped by City Hall to pick-up my mail and ask Entsminger a question on another property-illegal construction, and said hello to Ray.

When I got there, Ray was on the speaker phone w/Spangler, Entsminger came into the room, too, and Ray let Spangler know I was there. It was near the end of their conversation and then Entsminger and Bob were speaking about the shopping center and small BS talk. There was no vote for anything, no secret anything. That’s it. Entsminger went to his office, I went and checked my mail and left.

It should be noted, there is no illegality in any two council people talking. It does not constitute a meeting nor does 3, me, Mayor, Spangler even tho’ I did not speak to Spangler and he did not speak to me. It takes at least four (4) to make a legal or illegal meeting depending on the circumstances.

Spangler, Hart, Pittman and Lowe (4) did have an illegal meeting at Bob Sinclair’s home attempting to get Mr. Sinclair to play along with touting as a “concerned citizen” that there was “corruption in the Police Dept.” but Mr. Sinclair told them they didn’t know what “corruption” was. I think he said it sounded like petty personal problems with the PD.

Four (4) councilmembers meeting like that is illegal. They are supposed to notify all council and there are some other requirements under the Open Meetings law. Neither Ray nor I were ever notified. Mr. Sinclair lives in Oakcliff and has told many people about this meeting.

Is this the whole truth? I don’t know. It does make a lot more sense than the story about the council holding a secret telephone meeting with the sole purpose of towing the line for Korean developers, though. It also opens up some other questions that have yet to be asked.

Update: I spoke with Donna Pittman earlier today about the portion of Marlene’s e-mail regarding the meeting Marlene claimed she had with Mr. Sinclair. According to Pittman, this allegation is false. She said that she did briefly meet with Spangler and Sinclair, but it was in passing on the street, and the conversation was less than 5 minutes. No other council members besides herself and Spangler were present. Spangler was trying to get her to vote for Sinclair as a replacement for Jason Anavitarte, but Donna did not think he was knowledgeable enough about the city to be an adequate replacement. As always, there are two (and often many more) sides to every story.

Another Update — This time another e-mail from Marlene Hadden:

Dear Joseph,

I have no reason to make-up and sign my name to something that was reported to me. I reported it to the Police since it concerned supposed corruption in their Dept. Whether Mr. Sinclair denies it or not, he did tell me the four did come to his home and met with him, etc.

More importantly, Donna and I have had a good discussion as a result of these postings on your website. She and I have reached an understanding that suits us.

Those of you who regularly attend Council meetings know we have not had any problems working on the City’s business together anyway and I feel that she and I are better able to communicate with each other now and to help our City because of your website postings. That is the bottomline over any past misunderstandings or he said/she said commiserations. We are moving forward.

I thank you for your efforts to promote government in the sunshine with your website. I thank you, too, because it is giving me and Donna the opportunity to get to know each other better.

For Bob Sinclair’s take on this, check out his statement in the comments section

STATEMENT BY CHIEF JOHN KING

AND HIS ATTORNEY, J. TOM MORGAN,

REGARDING THE ALLEGATIONS BY

THREE MEMBERS OF THE

DORAVILLE CITY COUNCIL

This morning Chief King received for the first time a written document from the three members of the Doraville City Council stating their alleged reasons for his termination as Chief of Police at the August 6 council meeting. The allegations are an attempt to justify in hindsight their illegal termination of Chief King at that meeting. It should be noted that most of these allegations were never even mentioned during that 8 ½ hour meeting.

We will address these allegations in the order they were presented to us.

  1. It is obvious that these council members have no understanding of law enforcement asset/forfeiture accounts. Every district attorney and every local police department have what are called asset/forfeiture accounts. These accounts, established by federal and state law, are comprised of monies seized from drug raids, gambling raids, and other criminal activity. The police departments retain 90% of the monies seized and the district attorney keeps 10%.

    This money, by law, cannot be under the control and direction of the local government. It is under the direct control of the head of the law enforcement agency or the district attorney.

    As required by law, Chief King established the three accounts-federal, state, and pending forfeiture-and, as required by law, had these three accounts audited by professional auditors every year. These audits are available for public inspection and were provided to the council members every year-they must just have forgotten this fact.

  2. The expenditures from these accounts, including the capital expenditures, are not subject to the control or the policies and procedures of the local governing body. The expenditures are controlled by state and federal law and Chief King followed the established compliance procedures for these expenditures. If the council members want to change the way these monies are handled they need to go to the state legislature and United States Congress.
  3. Currently, 911 cell phone calls within the City of Doraville are handled by DeKalb County. This has caused delay and some confusion, but the lack of response is due to a failure by DeKalb County. Chief King is working to establish Doraville’s own 911 system which will be paid for from asset/forfeiture funds.
  4. The turnover rate for the Doraville Police Department is on par with the other police departments in the metro area.
  5. Chief King has never falsified any public documents. Falsifying documents is a felony under Georgia law. This allegation is blatantly untrue and is libel and slanderous. Further, Chief King’s law enforcement certification has never been revoked by P.O.S.T. In fact, Chief King is a member in good standing with P.O.S.T.
  6. Chief King and his department follow state laws regarding retention of all public documents and emails. Spam is routinely deleted from the server to make room for official business.
  7. Councilman Spangler made an Open Record request that would cost the every day citizen over $20,000. Just because he is a councilman does not entitle him to free services of the Doraville Police Department.
  8. Doraville, like other police departments throughout the country, is trying to compete for the best and most qualified police officers. Unfortunately, the City Council will have to raise salaries and benefits to make Doraville competitive with other police departments. This is a responsibility of the Council.
  9. Chief King’s philosophy is to make Doraville safe for its citizens. He utilizes his officers in a professional manner. The statement that his officers are writing tickets and not on the streets is untrue and not supported by documentation that is easily obtainable by council members.

Finally, Chief King wants to thank the mayor, the other council members, and most of all, the citizens of Doraville for their outpouring of support since the council meeting of Aug. 6th. Politicians need to stay out of running police departments. This is why we hire police chiefs.

__________________________

CHIEF JOHN KING

___________________________

J. TOM MORGAN,

ATTORNEY FOR CHIEF KING

Spangler, Lowe & Hart finally got around to issuing their statement. According to the AJC:

In a four-page statement, City Council members Bob Spangler, Ed Lowe and Tom Hart said there were three to four Police Department bank accounts that were “outside the city’s normal financial controls,” with more than $460,000 in unapproved expenditures.

The council members provided no documentation of their allegations and did not accuse King of anything illegal. But they said that because of the problems “we are convinced that Chief King should no longer manage the Doraville

Their spokesman makes a big deal about how there are no allegations of impropriety being made here, and the whole thing smells like the councilmen are grasping at straws. Especially when I read this:

Some of the issues outlined in the statement came to light only after the council members ousted King, according to their attorney, Wendell Willard. Willard told The Atlanta Journal-Constitution that the council members didn’t raise the financial and management concerns themselves. Willard said he discovered it by probing bank account statements and through a conversation with the city auditor.

They didn’t even know about this until after they tried to fire the chief?!? I didn’t think they could make this whole situation smell even more like BS, but somehow the Doraville 3 managed it.

Here’s a video from Channel 11 about the council members’ statements and the chief’s response

The three councilmembers are NOT releasing a statement today. Why? According to their attorney, they still need to verify accusations and perform due diligence in backing up their “evidence” and “charges” against the Chief!!!!

So, they did not verify any allegations or perform due diligence before deciding to terminate Chief King??? And we are supposed to have faith in our council? Bob, Tom, and Ed attacked the Chief, the police department, and this community without evidence?

How hard is it to list their “reasons” in a statement? (Which was supposed to be public). Have they been going down the “no comment” road for TWO WEEKS because they can’t substantiate their “secret charges”?? It looks more and more like his absence while fighting our country was in fact their primary reasons – as Mr. Hart has said Chief’s absence was his “biggest concern” and they have yet to truly identify and explain any other valid reasons.

Absolutely unbelievable. See the related AJC article:

It’s been well known for quite a while that Councilwoman Marlene Hadden is running for mayor this year. She has a website at marleneformayor.com. It’s refreshing to have a candidate for mayor who actually knows what the Internet is. Hopefully we’ll see some details on the site soon about her plans if she becomes mayor.

There are two great new articles on Chief King. Last week, via the Open Records Act, the AJC requested Chief King’s personnel records with the City of Doraville. As this article relates, there are no negative notes, comments, or reviews in the Chief’s file! In fact, his file is stuffed with postive letters, reviews and awards. When asked to comment on the Chief’s termination, Ed Lowe stated that the “problems” would not be found in the personnel file…but then again refused to comment on what those problems could possibly be…why are they trying to keep us in the dark? I suspect it’s because they will be embarassed and humilated when it’s revealed that they had no real, substantive reason for their decision.

The second article is from a Fox 5 reporter who spent time with the 48th Brigade in Iraq. The narrative on his time with the then Lt. Col. King exemplifies why Doraville is extremely lucky to have a Chief of such high caliber.

The articles can be found at the following links:

AJC: Fired Doraville police chief had spotless personnel record

Fox 5: Why is this soldier smiling?

Oakcliff resident, Karen Pachuta (who was the first one to break the story about the attempted coup by Tom Hart, Bob Spangler and Ed Lowe) has filed a complaint against the City. A PDF copy of the full complaint can be found here.

Karen is asking that the court make the following decisions:

a. Declare that a committee member is not a “public officer” as defined under the Open Meetings Act;

b. Declare that any discussions regarding members of the City’s ethics or planning commission held in a closed executive session were in violation of the Open Meetings Act;

c. Declare that any votes cast in a closed executive session were in violation of the Open Meetings Act;

d. Declare that the receipt of any testimony, evidence, or argument regarding the potential discipline or dismissal of a public officer or employee during a closed executive session was in violation of the Open Meetings Act;

e. Declare that any action taken as the result of an improper closed executive session is non-binding and void;

f. Declare that the City Council’s actions in closing portions of the meeting, which was contrary to the legal advice from its attorney, was without substantial justification;

g. Enjoin the City of Doraville from removing Mr. Alan Malcolm from the City’s ethics committee unless and until proper procedures are followed;

h. Enjoin the City of Doraville from enforcing its reprimand against members of the City’s planning commission unless and until proper procedures are followed;

i. Enjoin the City of Doraville from removing John F. King as its Chief of Police unless and until proper procedures are followed;

j. Award Plaintiff her costs and reasonable attorneys’ fees in having to bring this action;

k. Award any and all other Relief this Court deems just and proper.

Karen tells me that it will probably be a few days before the Sheriff’s office officially serves the city.