No bid for FogFuels?
Before Lamar Willis sponsored and voted on legislation that would have paved the way for a no-bid city contract with FogFuels, he sought the opinion of the city’s ethics officer on whether he could do so.
Ethics officer Nina Hickson responded that she could find no policy against that, as Long as Willis had no personal or financial stake in the company and did not represent it as an attorney. Willis said he did not.
In Atlanta, sole-source contracts can be awarded without competition after a “good-faith due diligence review” by the city’s chief procurement officer determines that there is only one source for the required supply, service, construction item or service. Atlanta’s Procurement and Watershed Management departments both signed off on FogFuels’ request to be considered for a sole-source contract.
Atlanta’s ethics office has cleared City Councilman Lamar Willis of any wrongdoing in connection with legislation that could could lead to a no-bid contract for a grease-recycling company.
Willis had no personal financial stake in the company and did not stand to receive any personal benefit if the contract were to go through, according to a six-page report obtained by The Atlanta Journal-Constitution.
“There was no requirement for Mr. Willis to disclose a relationship that did not exist; nor was there a need for him to recuse himself from any vote related to this company,” wrote Nina Hickson, Atlanta’s ethics officer. “The complaint should be dismissed because there is no proof of any facts that would constitute a violation of the code of ethics.”
Willis said he was pleased the investigative report turned out the way it did.
“There’s clearly no ‘there’ there,” he said in an interview with the AJC. “What sparked this entire process was an email that I didn’t write. I am pleased that (the investigative report) came out. I wish it could have been done faster and sooner, but everything has to run its course.”
On Aug. 1, Willis had lunch at a Buckhead steakhouse, Chops, with FogFuels executive Paul Marshall. The meeting was to discuss the company’s technology and the possibility of setting up a facility in Atlanta, since FogFuels’ plans to set up a facility in Cobb County had stalled, according to the investigative report.
It was the first time the men had met, Willis said. A handwritten note on a receipt indicated Willis contributed $30 in cash towards the $67.24 lunch, which Marshall paid for with his credit card.
On Aug. 3, Marshall sent an email to employees introducing Willis as a “new team member.” About a month later, Willis introduced and voted for legislation that would have allowed the city to negotiate a “sole-source” contract with Atlanta-based FogFuels.
Marshall’s email — in which he told his staff that the “appointment” was private, confidential and “not for public consumption” — became the subject of an ethics complaint by Matthew Cardinale, editor of Atlanta Progressive News.
After the ethics complaint was filed, Willis denied any impropriety and said his only involvement with FogFuels was pushing for the grease-recycling plant to be built at no capital cost to the city. He had no reason not to vote, he said.
Marshall said Friday, “We had to stop the discussions with the city of Atlanta because of the ethics complaint. It had to be investigated thoroughly, which it was. We’re deep in discussions with the city of Atlanta right now. It’s a win-win for FogFuels and for the city. We’re asking for no capital from the taxpayers.” He had written in an email to the AJC, “FogFuels is very happy Councilmember Willis has been cleared as the claim was baseless.”
The ethics office said whether or not the city should grant a sole-source contract was outside the purview of its investigation.
In interviews with the AJC and with the city’s ethics investigators, Marshall and Willis said there was a misunderstanding based on a misreading of the internal email. They said Willis was not affiliated with FogFuels as an employee, consultant or in any other capacity, and no such relationship had been discussed.
Marshall told the AJC that the intention of his Aug. 3 email was to explain that Willis would consider sponsoring the legislation.
Atlanta City Council members are prohibited from voting on contracts for companies in which they have a stake. They are also supposed to disclose financial interests in outside companies.
A review of state and local campaign and personal finance disclosures by the AJC found no donations to Willis from people listing FogFuels as their employer. Willis filed a financial report with the state ethics commission on Oct. 31, according to state records.
On Friday, Cardinale questioned whether the ethics office was as diligent or aggressive as it should have been in the matter.
“I have doubts about the ethics office’s investigation,” Cardinale told the newspaper. “We know nothing about what questions were asked.”
