Indicted Gwinnett commissioner steps aside

By Patrick Fox and David Wickert

The Atlanta Journal-Constitution

Beleaguered Gwinnett County Commissioner Kevin Kenerly stepped aside Tuesday in the wake of allegations he agreed to accept $1 million in bribes related to county land purchases.

Attorneys for Kenerly notified Gov. Sonny Perdue early in the day that he would voluntarily suspend himself from office, effective immediately. The governor's order suspending Kenerly was issued after noon.

Under Georgia law, the suspension will last until the charges have been resolved or until Kenerly's term ends at the end of December.

A special-purpose grand jury in October indicted Kenerly on charges that he “directly or indirectly" accepted or agreed to accept 20 payments of $50,000 -- totaling $1 million -- as bribes for arranging for the County Commission to buy a piece of unnamed real estate.

Kenerly also was indicted on two misdemeanor charges that he failed to disclose a partnership with D.G. Jenkins Development Corp., which successfully sought county rezoning on two properties.

If convicted of all counts, Kenerly faces up to 22 years in prison.

The grand jury conducted its 10-month probe following an investigation into land purchases by The Atlanta Journal-Constitution. It also considered a perjury charge against County Commission Chairman Charles Bannister but elected not to pursue it when he offered to resign. Bannister resigned Oct. 8.

It is not clear whether Kenerly will be entitled to continue drawing his $31,263 salary.

The county's Code of Ethics lists a number of penalties officials may be subject to if found in violation, but it does not address pay for elected officials on suspension. A spokesman said Tuesday evening that salary questions would be resolved in the coming days.

“Though Commissioner Kenerly’s first instinct was to continue to work to represent the citizens of District 4 until the end of his term, Kevin came to realize that this matter has become an unnecessary distraction for the county staff, his fellow commissioners and the citizens of Gwinnett County,” attorney Pat McDonough said.

Kenerly, the county's longest-serving commissioner, was elected in 1994 and represents north Gwinnett, including the cities of Braselton, Buford, Lawrenceville and Sugar Hill.

“By voluntarily suspending himself, the Gwinnett County Commission can move forward and finish the rest of this year without any more distractions," McDonough said. "In turn, Kevin can focus all of his energies on taking care of his family and responding to the pending charges.”

District Attorney Danny Porter, who launched the grand jury investigation, said he had no opinion on Kenerly's decision to step aside.

"He has the option to do that," Porter said. "It's not considered any kind of admission."

The grand jury opened its investigation, which Porter said was focused on land deals, after a number of AJC articles explored several county parkland purchases based on questionable appraisals. The newspaper reported that taxpayers might have paid millions of dollars more than the properties were worth.

Kenerly did not attend any of three County Commission meetings scheduled for Tuesday at the Gwinnett Justice and Administration Center in Lawrenceville.

A small band of protesters had formed outside the courthouse by late afternoon after news had spread that Kenerly had suspended himself.

"That's what he needed to do," said Steve Ramey of the Founding Fathers Tea Party Patriots. "He should have done it a long time ago."

James Bell,  co-founder of the Georgia Taxpayers Alliance, said Kenerly's presence on the commission was a distraction.

"I can't say I'm happy, but I'm pleased," he said. "Kenerly did the right thing in stepping down."

Fellow alliance member Ron Williams agreed.

"I think it was a little late," he said, "but it was the right thing to do."