DeKalb oversight member can’t be removed, says Attorney General Olens

Georgia Attorney General Sam Olens has concluded that a state senator lacked the authority to remove a member of DeKalb's new government oversight committee, a finding that allows the panel to resume its work.

Olens wrote in a legal opinion Friday that Harmel Codi's appointment to the DeKalb Audit Oversight Committee can't be rescinded by Sen. Gloria Butler, who tried to remove Codi because of her opposition to Interim DeKalb CEO Lee May and concerns about whether she possessed the required professional experience.

State lawmakers created the committee to monitor the troubled county's operations, but the panel stopped doing business after just two meetings because of the dispute over its membership. Butler appointed Codi to the committee Sept. 23 and rescinded that decision Dec. 28.

The committee's main responsibility will be to hire an independent watchdog to find fraud, reduce inefficiencies and expose waste.

Codi, a former financial officer in DeKalb's Community Development Department, said Butler's attempt to oust her was a politically motivated move to interfere with a panel meant to bring greater accountability.

“There’s a job to be done, and the earlier we get it done and get DeKalb County on the course of reform, the better it will be for the constituency of DeKalb County,” Codi said.

Olens weighed in on the dispute following requests from Butler, D-Stone Mountain, and two other senators representing DeKalb — Sen. Elena Parent, D-Atlanta; and Sen. JaNice Van Ness, R-Conyers.

Butler said she wants the committee to move forward, though she will also seek further clarity about the appointment process.

“I don’t want to keep holding up the work of the audit committee,” Butler said. “I don’t want to be the one to stall it. If they have work to do, they need to get about doing the work.”

Olens, citing state law, found that Butler’s appointment was completed after Codi accepted the appointment, and it couldn’t be rescinded. Olens said committee members could only be removed for reasons detailed by House Bill 599, such as loss of DeKalb residency or conviction of a felony involving moral turpitude.

“It is my opinion that the appointment in question … may not be rescinded,” Olens wrote. “The incumbent may be removed from the position only through compliance with the established statutory procedures.”

Parent and Van Ness said Olens’ decision should resolve the issue.

“I am very hopeful that the committee will promptly resume work on this important initiative of hiring an independent auditor for DeKalb County,” Parent said.

Van Ness said Olens’ opinion verified that the committee should be free from outside influence.

“An independent committee needs to be just that,” she said.

When the Audit Oversight Committee holds its next meeting, tentatively planned for later this month, Codi plans to take her seat among the panel’s five citizen members.

Committee Chairman Harold Smith said Olens’ legal opinion was an important step.