An ethics complaint filed against four Cobb County commissioners claims they violated their oaths of office by approving various aspects of a deal to build a new Atlanta Braves stadium that run contrary to the state Constitution.
The March 7 complaint was filed with the Cobb County Board of Ethics by Larry Savage, a persistent critic of the commission who has twice run unsuccessfully for the commission chairmanship.
The four commissioners named in the complaint — Chairman Tim Lee along with district commissioners Bob Ott, Helen Goreham and JoAnn Birrell — have 30 days from the filing date to provide the ethics board with a written response.
Commissioner Lisa Cupid is not named because she voted against the Memorandum of Understanding with the Braves, and against the creation of a special taxing district in the Cumberland area that will pay about half of the county’s annual $17.9 million in debt service payments.
The Cobb ethics board will hold a preliminary hearing in May to determine whether the complaint should be dismissed, or proceed to a full hearing at which they will take testimony and accept evidence. The board will only consider the complaint and commissioners’ responses at the May hearing.
Savage said he filed the ethics complaint rather than a lawsuit because of its “lower level of complication.”
“If I were to go into court, I would be at a huge disadvantage … and would have to hire a lawyer,” Savage said. “I don’t think I have to do that with the Ethics Commission. I’ve never done this before, and didn’t want to do it this time, but somebody had to do something.”
Commissioners say they acted ethically.
“My attorney has said I was well within my rights,” Commissioner Bob Ott said, referring to his personal attorney. “It just seems like an odd claim to make. How is voting for something unethical?”
Commissioner Helen Goreham said she will likely consult with the county attorney’s office for legal advice.
“I feel that the majority of the board that supported the Braves proposal all acted in compliance with the law and in compliance with our oath,” Goreham said.
The complaint says that commissioners acted unethically by:
- Committing tax revenue to pay for revenue bonds on the project. The complaint says revenue bonds must be paid off with funds "derived from the project."
- Creating a new taxing district that basically overlays the state-created Community Improvement District, which the complaint says "foreclosed the county's authority to do so."
- Undertaking bond debt without seeking approval of voters.
- Assessing taxes to pay for a professional sports stadium.
“No officer shall engage in any activity or transaction that is prohibited by law … which is applicable to him by virtue of his office,” the complaint says.
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