Citizen group says Henry County needs better ethics code

By Ralph Ellis

The Atlanta Journal-Constitution

Questions of ethics are not always cut and dried.

That's why a citizens' group wants the Henry County government to adopt a detailed ethics ordinance. The Third District Community Coalition has drawn up a 32-page document and will offer it as a model to the county commission.

“When it comes to ethics, everybody has their own definition,” said Charles Downey, a founding member of 3DCC. “We hope our code will do away with some of this gray stuff.”

Under 3DCC's proposal, complaints would be heard by five-member board, comprised of one member appointed by the county commission and two each by the county Republican and Democratic parties. Elected officials and county employees who negotiate contracts would be required to file annual financial disclosures. A range of punishments would be offered.

County Commission Chairwoman Elizabeth “B.J.” Mathis is interested but said the county is already covered by the state ethics code as well as a Henry County ordinance on conflict of interest. Complaints usually go to the state ethics commission.

“We’re already paying taxes to have that in place,” Mathis said. “To reinvent the wheel is not always the best idea.”

Third District Commissioner Randy Stamey also said he’s open to the idea but concerned about duplication.

“If you do that, are you creating another level of government?” he said.

Brenda Padovani, a founding member of 3DCC, said the group formed five years ago and has about 50 members. It spun off  from another group called NOPE, the Neighbors Opposed to Parker Road Development.

“Over the last five years there have been several instances of what have appeared to be unethical behavior,” Padovani said. “Therefore, 3DCC is making an attempt to help the citizens of Henry County as well as the government have a better system in place to deal with such occurrences.”

Several 3DCC members said a 2005 controversy involving Stamey shows the necessity of an improved ethics code. He voted in favor of a large residential and commercial development near McDonough, even though he worked for a company owned by the developer and took a $2,000 campaign contribution from the developer.

Stamey said there was no conflict of interest because he’s an independent contractor and wouldn’t directly profit from the development. The commission vote was 5-0.

Nobody filed an ethics complaint, but some citizens filed a lawsuit after the rezoning, saying Stamey and then-Chairman Jason Harper should have recused themselves. Harper also took contributions from the developer. A Superior Court judge dismissed the suit, saying the complainants didn't live in the immediate vicinity of the property.

Padovani said a local ethics board could have settled the question about whether a conflict existed.

"If these ethics rules had been in place, he would have had a place to check and see," she said. "It would have eliminated a lot of problems."

Tom Plank of the state ethics commission said few complaints had been filed against Henry commissioners. In 2007, Plank dismissed a complaint alleging the commission created a DVD that urged citizens to support a special local option sales tax referendum. That was the last one filed.

Members of 3DCC will meet with Mathis to discuss their proposal and will formally present it to the county commission next month.