Three state senators are asking Georgia Attorney General Sam Olens to weigh in on whether a legislator acted legally when she replaced her appointee to a committee charged with hiring an independent auditor to oversee DeKalb's government.
Sen. Gloria Butler appointed Harmel Codi to DeKalb's new Audit Oversight Committee in October but rescinded that selection in December. Butler said Monday that other members of the committee were having issues with Codi and that Codi was pursuing a personal agenda.
But Codi has argued that her removal undermines the independence of the panel. At least one of the state senators asking for Olens' legal opinion agrees.
Olens’ interpretation of state law would help determine whether Butler was allowed to remove Codi.
“I hope it will resolve the issue, and I hope it’s in my favor,” said Butler, D-Stone Mountain. “I thought I could rescind a nomination since they didn’t take office until January.”
Olens’ office had little to say about the matter Monday because it hadn’t confirmed whether formal requests for legal opinions had been received, said spokesman Nick Genesi.
Sen. JaNice Van Ness, R-Conyers, said she asked Olens to intervene because Butler’s action didn’t appear to be legal.
“It’s certainly troubling when you can’t get transparency on what’s supposed to be an independent committee,” Van Ness said. “It’s a travesty in DeKalb County that we don’t focus on good government.”
Georgia legislators created the DeKalb Audit Oversight Committee last year as a way to improve supervision of the county's government, which has seen numerous corruption investigations and criminal prosecutions in recent years.
The panel will recommend candidates to serve as an outside auditor charged with finding fraud, reducing inefficiencies and exposing waste, according to House Bill 599. The auditor will then report to the committee as a way to maintain the position’s independence from the rest of the DeKalb’s government.
Codi, a former financial officer in DeKalb’s Department of Community Development, has been an outspoken critic of the county, and she has called for Interim DeKalb CEO Lee May’s resignation.
“I’m not going to step down because I believe it’s illegal,” Codi said last week. “It just gives you an idea how things are done in DeKalb.”
The legislation forming the committee doesn't specifically say when its members began serving their terms. They had to be appointed by Oct. 31, and when their five-year terms expire, their successors will take office on Jan. 1 in the year after their appointments, according to HB599.
The committee met twice before Jan. 1 and took several actions, said Harold Smith Jr., the committee’s acting chairman. He said the committee set job specifications for the independent auditor, suggested a budget and proposed bylaws.
The third senator seeking Olens’ legal opinion is Sen. Elena Parent, D-Atlanta, who said she hopes his interpretation of state law will resolve the matter.
Butler replaced Codi with Natasha Smith, a certified public accountant who Butler said is more qualified.
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