The Cobb County commission held the first of two public hearings on changes to county ordinances that include removing language from the ethics ordinance that says commissioners should “avoid the appearance of impropriety.”
The action comes just months after the Cobb Board of Ethics seized on that phrase in a complaint against Cobb Commission Chairman Tim Lee over the chairman’s hiring of a private attorney to conduct secret negotiations with the Atlanta Braves.
The complaint was ultimately dropped by West Cobb resident Tom Cheek after Lee apologized, but not before the ethics board voted that there was enough evidence to proceed to a trial-like hearing.
There will be a second public hearing July 28 before the proposed changes are voted upon by all five commissioners, including Lee.
Cheek said it would be “highly inappropriate for this board to vote to loosen the ethical guidelines on its own members.”
“The ethics code address two types of activity: illegal activities and improper activities,” Cheek told commissioners at the meeting. “The ethics board last year stated that illegal activities are not actionable items for them. If you eliminate the impropriety section … you’d be removing the requirements of this board to act in a proper manner.”
The other proposed change would grant the ethics board subpoena power.
Lee refused to answer questions from The Atlanta Journal-Constitution after the meeting. But his spokeswoman said the change was suggested by the board of ethics.
“Chairman Lee is in favor of any effort to strengthen the Cobb County’s Code of Ethics,” the spokeswoman said.
Lynn Rainey, attorney for the ethics board, said the complaint against Lee led to the board’s suggested changes.The suggested change removes the phrase saying commissioners “should avoid the appearance of impropriety” but adds that they “shall” not create the impression that they can be influenced by others.
“I think it’s stronger,” Rainey said.
Cheek’s complaint against Lee was based largely on AJC reporting that found Dan McRae, a partner with the Seyfarth Shaw firm, negotiated a preliminary agreement with the Braves for months without charging the county. The newspaper then found an email, sent by an executive with the Cobb Chamber of Commerce on Lee’s behalf, that promised McRae significant legal work on subsequent Braves contracts in exchange for negotiating the preliminary agreement.
Only the county attorney, who had no knowledge of the negotiations or the side agreement between Lee and McRae, has the authority to hire outside legal counsel.
In other county business Tuesday:
The commission approved issuing $10 million in bonds on behalf of the South Cobb Redevelopment agency, for infrastructure improvements and redevelopment in the Six Flags area. The vote was split, 3-2, with Bob Ott and JoAnn Birrell voting against the measure.
Ott said after the meeting that he voted against the deal because county taxpayers are on the hook for the annual payments if a special tax to fund the redevelopment comes up short.
Commissioner Lisa Cupid, who represents the area, said the bonds were appropriate because South Cobb doesn’t have the benefit of a community improvement district to help fund improvements, like many other areas of the county.
“This project allows us to finally put money in this area,” Cupid said. “This area needs to come into parity with other areas in the county. Investment is a sign of commitment.”
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