Snellville rift deepens
$31,377 issue: Councilwoman publicly calls for probe into unauthorized check as mayor stands by his word.


The Atlanta Journal-Constitution
Published on: 04/30/08

Snellville Councilwoman Kelly Kautz has publicly called for an investigation into an unauthorized $31,000-plus city check written without the board's consent.

The money ended up in legitimate hands and not in someone's pocket. It went to the Gwinnett Municipal Association, a consortium of cities that provides public services.

The problem is that, worthy cause or not, the council didn't approve the expense in what was a tight budget year.

So who's to blame?

During Monday's City Council meeting, which stretched out until 11 p.m., Mayor Jerry Oberholtzer read a statement saying he hadn't authorized the check and blamed former interim City Manager Jim Brooks.

When three City Council members tried to ask follow-up questions, Oberholtzer quickly cut them off, saying the matter was not open for discussion.

Kautz, an attorney, was outraged. "It's too bad the priest has left because I think the mayor needs to go to confession," Kautz said, referring to the mayor's Catholic priest who had been in the audience earlier for a church rezoning issue.

The questionable $31,377 check, issued on Oct. 11, 2007, did have the stamped signatures of City Clerk Sharon Lowery and the mayor, according to a copy of the check —- which Lowery says are automatically placed on all checks.

Lowery, the city's chief financial officer, acknowledges writing the check. But she said this week that while Brooks was interim city manager, he told her in October 2007 the mayor wanted the expense paid.

"The mayor did not tell me to pay it. He did not," Lowery said during a telephone interview Monday.

"It's my understanding the mayor asked Mr. Brooks: 'Has the invoice been paid?' on a couple of occasions.

"So I approved the invoice and paid the invoice."

Since then, Oberholtzer and Brooks have engaged in a crossfire of blame.

"I did not authorize that check. Jim Brooks did," the mayor said Monday.

Reached Tuesday, Brooks said he stands by his two-page memo on Feb. 8 to Mayor pro tem Warren Auld detailing his version of events, including a conversation he had with Lowery.

"She said that the mayor told her to pay the invoice and that the city of Snellville was the only city that had not paid. He [Oberholtzer] stated it was embarrassing to him and to the city," Brooks wrote in the memo, a copy which was provided to the AJC Gwinnett News.

The money Snellville gave to the Gwinnett Municipal Association was to help hire an executive director, who is still not in place.

At the time Snellville paid its share, which is based on population, the cities of Norcross, Berkeley Lake and Dacula had not yet paid their portions, according to GMA records.

Auld said it's important to discover who is responsible for spending city money without City Council approval.

"There was never a vote authorizing the spending of the money," Auld said.

He asked Lowery about the expenditure during a council member briefing session months ago with the city manager. Auld claims: "She told me she was instructed by the mayor to write it."

Council member Tod Warner said it could have been a misunderstanding. He said that during a November meeting, the mayor seemed surprised to learn that the check had been written and Brooks seemed baffled that the mayor didn't already know about the check.

Council member Robert Jenkins said something is amiss "and we intend to get to the bottom of this."

VOICES AT THE HEART OF THE CONTROVERSY

Opposing perspectives on the Snellville check payment incident

"I did not authorize that check. Jim Brooks did."

JERRY OBERHOLTZER

Snellville mayor

"The mayor did not tell me to pay it. He did not."

SHARON LOWERY

City clerk

"... I think the mayor needs to go to confession."

KELLY KAUTZ

Snellville City Council

"[The city clerk] said that the mayor told her to pay the invoice."

JIM BROOKS

Former city manager

Vote for this story!



AJC Breaking News Updates

Kudzu Services » Find the right people for the job