The Clayton County Board of Education on Monday night failed to find board member Trinia Garrett had violated its ethics code, effectively dismissing the matter after a lengthy and contentious debate.
Garrett was accused of downloading 400 pornographic pictures to her district-issued laptop. Monday, she faced the board in a special-called hearing on the allegations. Even though the board voted 5 to 2 that Garrett had violated the ethics code, policy requires a two-thirds vote (six) of the whole board of nine for the action to have carried, school district attorney Glenn Brock said. Garrett and board member Michael King recused themselves from the vote.
"I'm just happy it's over and we can get focused back on the children," Garrett said.
The two-hour meeting at times was contentious and confusing as the board, its attorney and Garrett's attorney sparred over procedures and whether a hearing officer should hear the case. Board member Jessie Goree expressed concern over the hearing officer's presence.
"We're blazing new ground here," said hearing officer Nathan Lee, an attorney with the Newnan law firm of Glover & Davis.
Meanwhile, Garrett's attorney, Robert Mack, argued that the proceedings were "inherently unfair" because the school board brought the complaint and now sat in judgment in the hearing.
"It simply defies all method of due process," he said.
Once the hearing was under way, the board heard from a forensic computer expert who said he discovered sexually explicit pictures on Garrett's computer while investigating another matter. Computers and cellphones also were checked. The investigation uncovered no wrongdoing in that case , Jim Persinger of PM Investigations Inc. said.
The search however zeroed in on Garrett's computer, which, Persinger said, had 400 pictures of pornography as well as rap music. He noted the data could not have been downloaded accidentally.
"These were intentional acts," Persinger said.
Garrett's attorney asked whether someone else could have used the computer if Garrett had logged on and left it unattended. Persinger said that was a possibility.
"You have no idea who downloaded the pornographic photographs?" Mack asked.
"No sir," Persinger replied.
Garrett denied she downloaded the pornography and recounted how she had had repeated problems with her laptop throughout last year and sent it into the district's information technology department to get it fixed. At one point, Garrett grew irate by Brock's line of questioning. She fired back, indicating that she had been called into a meeting late last year about the allegations and asked to resign.
Mack noted that Garrett is believed to be the first person to be charged under Georgia's new Model Code of Ethics and he admonished the board to give "serious thought" to the type of ethics codes they've adopted.
Goree said the board does not have adequate procedures in place.
"We need to improve upon parliamentary process," Goree said.
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