Lee, transparency concerns could influence Cobb SPLOST vote

30 years of close Cobb County SPLOST votes

1981: Failed. Yes 48 percent; No 52 percent

1985: Passed. Yes 63 percent; No 37 percent

1989: Failed. Yes 49.6 percent; No 49.9 percent

1990: Passed. Yes 52 percent; No 42 percent

1994: Passed. Yes 56 percent; No 44 percent

1998: Failed. Yes 41 percent; No 59 percent

2000: Failed. Yes 47 percent; No 53 percent

2005: Passed. Yes 49.7 percent; No 49.5 percent

2011: Passed. Yes 49.9 percent; No 49.7 percent

Source: Cobb Board of Election

30 years of close Cobb County SPLOST votes

1981: Failed. Yes 48 percent; No 52 percent

1985: Passed. Yes 63 percent; No 37 percent

1989: Failed. Yes 49.6 percent; No 49.9 percent

1990: Passed. Yes 52 percent; No 42 percent

1994: Passed. Yes 56 percent; No 44 percent

1998: Failed. Yes 41 percent; No 59 percent

2000: Failed. Yes 47 percent; No 53 percent

2005: Passed. Yes 49.7 percent; No 49.5 percent

2011: Passed. Yes 49.9 percent; No 49.7 percent

Source: Cobb Board of Election

30 years of close Cobb County SPLOST votes

1981: Failed. Yes 48 percent; No 52 percent

1985: Passed. Yes 63 percent; No 37 percent

1989: Failed. Yes 49.6 percent; No 49.9 percent

1990: Passed. Yes 52 percent; No 42 percent

1994: Passed. Yes 56 percent; No 44 percent

1998: Failed. Yes 41 percent; No 59 percent

2000: Failed. Yes 47 percent; No 53 percent

2005: Passed. Yes 49.7 percent; No 49.5 percent

2011: Passed. Yes 49.9 percent; No 49.7 percent

Source: Cobb Board of Election

Cobb County voters have historically been reluctant to give their sales tax pennies to county government, rejecting special purpose levies four out of nine times since 1981.

And two years ago, Cobb voters dealt the regional transportation sales tax one of its worst defeats in Metro Atlanta, casting 68 percent of the ballots against.

But this year’s proposed six-year, $750 million Special Purpose Local Option Sales Tax is challenged by more than just history.

The Nov. 4 referendum follows a Cobb Board of Ethics’ decision to proceed with a trial-like hearing into Commission Chairman Tim Lee’s recruitment of the Braves, and after a year marked of critics complaining time and again about a lack of transparency in the county’s stadium dealings.

And the SPLOST vote, in particular, became a lightning rod in June, when Lee told a joint meeting of the commission and city mayors that he wanted to replace a controversial $100 million line item from the SPLOST projects list with individual intersection improvement projects that would accomplish the same thing: help the county qualify for a $250 million federal grant for the so-called bus rapid transit line down Cobb Parkway.

The so-called BRT was one of the projects on the 2012 T-SPLOST that voters overwhelmingly rejected.

During a marathon July meeting of the commission in which the board approved placing the tax on ballots, Commissioner Lisa Cupid told Lee that voters shouldn’t have to “play detective” to understand the projects on the list.

“We are trying right now to overcome some concerns people have about how transparent we are,” Cupid said. “This is another example of us not being as transparent as we could and should be. …I feel like I’ve had to play detective.”

Concerns about transparency could be another reason for already skeptical Cobb voters to reject the tax plan, said David Shock, assistant chairman of Kennesaw State University’s Political Science and International Affairs Department, who has studied SPLOST initiatives statewide. He said Cobb voters are unusual in their distaste for sales tax. While that method of funding is typically embraced throughout Georgia, Cobb residents usually mount well-organized opposition that appeals to the county’s staunchly conservative voting base, he said.

Shock said the controversies surrounding Lee could have an impact, especially given the razor-thin margins of recent SPLOST votes. The two most recent initiatives approved were by an average of just 100 votes out of more than 40,000 ballots cast in each of the 2005 and 2011 elections.

“I actually think it will have an impact,” Shock said. “I guess the question is, how many Democrats will turn out? If there’s a high Democratic turnout, the odds of passage go up.”

The tax renewal will be used for a variety of projects, including funding 98 percent of the county transportation department’s project budget and 72 percent of its overall budget, along with buying public safety equipment, building libraries, improving parks, and funding initiatives for the county’s six cities.

If approved by voters, the county’s sales tax will remain at 6 percent — four percent for the state; one percent for the county education sales tax; and one percent for the county.

Justin O’Dell, co-chair of the pro-SPLOST group Secure Cobb’s Future, said he’s optimistic about passage and doesn’t think the Lee ethics controversy will cost them many votes, particularly considering corruption scandals uncovered in DeKalb and Gwinnett counties.

“I’m not going to be naive … (but) people in Cobb have a pretty good dose of perspective,” O’Dell said. “The biggest controversy from the (Braves deal) is that the chairman received some free legal advice.

“The average person responds by saying: I really don’t see the big deal.”

The Atlanta Journal-Constitution reported in October that unilaterally Lee hired an outside attorney to be the county’s bond and project counsel on the Braves stadium deal — about $4 million in legal work. The legal work was ultimately given to other firms after County Attorney Deborah Dance became involved in the process.

Lee has repeatedly denied hiring McRae because only the county attorney is permitted to hire outside legal counsel.

The ethics complaint — filed against Lee by West Cobb software salesman Tom Cheek — largely mirrors the AJC’s reporting on that issue, and also alleges that Lee did not respond to an open records request, and used his private email account and an account from the chamber of commerce to skirt the open records law. Earlier this week, the ethics board held a preliminary hearing on the matter and voted 5-1 that there was enough evidence to proceed to a full hearing.

Lee says he doesn’t think the sales tax vote will be a referendum on his actions.

“In spite of what’s going on around me, I think the citizens of Cobb County are pretty well informed,” Lee said in an interview. “They’re going to decide on the merits of the projects. This is what the community wants: a specific list (of projects) with a specific budget and a specific deadline.

“It’s out of our hands.”

Chip Lake, a political consultant whose company is not involved in this year’s SPLOST vote, said he doubts the Lee issue will have much impact.

“The energy right now and all of the attention in the election seems to be focused on the races at the top of the ticket … because that’s where all the money is,” Lake said. “If that’s all voters are seeing … it just doesn’t leave much space for other issues. I would be surprised if (the Lee controversy) has impact because, at this point, it seems like inside baseball.”

But it has resonated with some individuals.

Oliver Halle, an attorney who retired from the FBI after a 30-year career, said in an interview that he’s already voted against the SPLOST and his vote is directly tied to Lee. Halle writes a political blog for the Marietta Daily Journal.

“I think the vote on the SPLOST will be an indication of whether Lee continues to have the support of the citizens of Cobb County,” Halle wrote in a recent blog. “I am not alone in tying him to the SPLOST, and voting against it for that reason.”

East Cobb attorney Susan McCoy told Lee the same thing during the public comment portion of a commission meeting last month.

“I have a large vested interest in future of Cobb County, (but) I cannot willingly give my money to someone I don’t trust,” McCoy told Lee. “I have always voted for SPLOST. I even voted for T-SPLOST, and nobody voted for T-SPLOST.

“When I vote no, it’s not on me, chairman, it’s on you.”