The top Democrats in two neighboring counties, along with the Republican who held the top post in Cobb, will decide whether DeKalb County CEO Burrell Ellis should stay in office as he fights 14 felony charges.
Gov. Nathan Deal on Monday named Rockdale CEO Richard Oden and the Clayton Commission Chairman Jeffrey Turner to the three-member panel that also includes Attorney General Sam Olens, Cobb’s former commission chairman. All three have worked with Ellis, a Democrat, on local government issues.
Oden, who is in his second term as chairman/CEO of Rockdale’s commission, declined to comment Monday. Turner, a former Clayton police officer and chief who has been chairman since December, could not be reached.
“The approach the governor is taking is, ‘I’m doing only what I am legally required to do, and there is no way the Republican party can be accused of having a bias on this,’” said Steve Anthony, a political science professor at Georgia State University.
Olens’ office will coordinate schedules to set a public hearing for the three to decide if the charges of theft, extortion and conspiracy against Ellis interfere with his ability to run daily operations in Georgia’s third-largest county.
A spokeswoman for Olens said that a date has not yet determined for the hearing, which will be public, and following deliberations, which will be done privately.
Ellis has referred comments to his attorneys, who were unavailable Monday afternoon.
However, last week one of his attorneys told the Atlanta Journal-Constitution that Ellis’ team will bring witnesses to yet-scheduled hearing to make the case for the CEO remain in office.
“We plan to fight,” attorney J. Tom Morgan said.
DeKalb District Attorney Robert James, who brought the indictment against Ellis, also has the right to present his case at the hearing. Through a spokesman, he declined to say whether he would attend or comment on the panel.
Monday’s announcement was the second time in two months that Deal has had to appoint a committee to review an indicted elected official.
The peer panel found last month that the 30-count indictment alleging mail, tax and wire fraud does not affect state Rep. Tyrone Brooks’ ability to serve his district.
That avoided sending the question of suspension to the governor. The same will happen if the new review panel finds Ellis can stay on the job.
Legal watchers have expressed skepticism the panel will, though, given the charges directly relate to his functions in office. Ellis is accused of ordering county staff to compile a list of vendors he allegedly hit up for cash in his re-election campaign, and threatening to punish firms that did not contribute.
The panel must submit a written report to Deal by July 22. If it recommends removal, final say on Ellis’ fate will rest with the governor.
If suspended, Ellis will continue to draw his $150,000 salary. He would be able to return to the CEO’s post if he is not convicted.
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