A west Cobb resident filed an ethics complaint Tuesday against Cobb Commission Chairman Tim Lee, alleging he committed three ethical breaches that were outlined in stories published by The Atlanta Journal-Constitution on Aug. 17-18.
Tom Cheek, a 54-year-old software salesman and lifelong county resident, alleges in the complaint that Lee unilaterally hired an outside attorney last year to begin negotiating a deal to build a new stadium for the Atlanta Braves — without telling the county attorney or his fellow commissioners.
Unlike a strong mayor or commission CEO, Lee does not have the authority to unilaterally hire outside legal counsel for the county.
The complaint also says Lee was not responsive to open records requests for drafts of the agreement, even though the chairman knew of the drafts’ existence; and that he used a private email address with which to conduct county business, thereby skirting the Open Records law.
The AJC reported Lee’s hiring of attorney Dan McRae in an Aug. 17 story. Lee did not require that McRae sign a contract before instructing him to negotiate with $400 million in public money. McRae did not bill the county for his months of work negotiating with the Braves. But the newspaper found that McRae’s law firm, Seyfarth Shaw, was named bond and project counsel for the county in a draft of the contract.
Those jobs would have paid more than $4 million. The firm was subsequently removed from the document by County Attorney Deborah Dance.
“I have no personal grudge against anyone,” Cheek said in an email. “I just want elected officials to follow rules, procedures, code and laws. Period.
“I want elected officials to behave ethically.”
The newspaper reported Aug. 18 that drafts of the preliminary agreement were not given to the newspaper until months after the request was made. Those drafts were retained by McRae, but Lee and other county officials knew of their existence.
Cheek presented as evidence a recorded interview between Lee and an AJC reporter and editor. The complaint alleges that Lee didn’t have the authority to hire an outside attorney on behalf of the county.
“The fact that McRae was not paid a direct salary is not relevant,” the complaint says. “The chairman does not have the authority to hire an attorney for the county, regardless of pay.”
Lee could not immediately be reached for comment. He will have 30 days to respond to the complaint.
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