The story so far
A DeKalb County grand jury indicted CEO Burrell Ellis on 15 criminal counts on June 18, 14 of them felonies. The charges include theft, conspiracy and extortion mainly related to campaign donations sought from companies that do business with the county. Ellis has yet to enter a plea, but has publicly and strongly disputed the allegations.
State law requires the governor to name a three-person panel to review the charges whenever an official official is indicted while serving in office. The panel will hold a public hearing sometime in July. If it recommends suspension, Gov. Nathan Deal will have final say.
Today, we explore what could happen at that hearing.
Early next week Gov. Nathan Deal will name the panel that must help decide whether DeKalb County CEO Burrell Ellis can stay in charge of Georgia’s third-largest county while he fights 14 felony charges.
With the governor’s stated reluctance to step into local matters and the CEO’s muscular defense, the coming hearing looks to be Ellis’ first big public effort to fight back. The early impression of many that he would soon be out now seems less clear.
“We plan to call witnesses,” said J. Tom Morgan, the former DeKalb District Attorney who is one of Ellis’ four-man legal team. “We plan to fight.”
Ellis was indicted on charges of theft, extortion and conspiracy on June 18. Under state law, Deal must name Attorney General Sam Olens and two others to hold a hearing and review the charges specifically to see if they affect “the performance or activities” of the office of CEO.
At first blush, legal watchers figured the public corruption charges would certainly affect Ellis’ job.
As CEO, he is effectively the mayor, responsible for day-to-day operations in a community of 700,000 – larger than Atlanta – and with more vested power.
Morgan wouldn’t discuss strategy. But he and Ellis’ other lawyers, including former federal prosecutor Craig Gillen, could argue that those powers are separate from allegations that he shook down vendors for campaign cash in his re-election bid two years ago.
“There is no way to know what will happen next,” said Atlanta criminal defense attorney Steve Sadow, who is not involved in the case. “You’re going to see some strong arguments, though. We know that.”
There is also the simple argument voiced by several DeKalb residents this week: More than 60 percent of voters returned Ellis to office in 2012 against two unknown rivals. That counts for something, they said, despite the county’s battered image from Deal’s removal of the majority of school board members over threats to district accreditation, and the pending racketeering trial of former school superintendent Crawford Lewis.
“I’ve been through all the scandals in DeKalb County, but we elected him,” said Ed Dubose, a manufacturing supervisor from Stone Mountain. “I get they have evidence or they would not have indicted him, but they have to prove it. Until they do, leave him where he is.”
District Attorney Robert James has the right to present that case and call witnesses at the hearing, a spokesman for Olens’ office said. He also has the option of skipping the hearing altogether.
Through a spokesman, the DA declined to say if he or other prosecutors will attend the hearing, once a panel is named and it sets a date.
The panel will consist of Olens and two of Ellis’ “peers,” likely mayors from consolidated city-county governments such as Athens-Clarke or Columbus-Muscogee. If the committee finds the indictment will affect Ellis’ ability to do his job, Deal will decide whether to suspend him.
Deal has been loath to take on similar cases, despite intervening in the DeKalb school board. Earlier this year, the governor declined to review suspending Clayton County Sheriff Victor Hill, saying voters there put Hill in office well aware of the 32 felony charges against him.
More recently, he avoided having to remove Atlanta state Rep. Tyrone Brooks when a peer panel found the 30-count indictment alleging mail, tax and wire fraud does not affect Brooks’ ability to serve his district.
“We’ve made it very clear that the governor has shown his reticence in getting involved in local issues,” said Deal spokesman Brian Robinson.
If Ellis is suspended, the DeKalb County Commission’s presiding officer, Lee May, would take over as interim CEO as the case wends through court. Ellis, meanwhile, would continue to draw his $150,000 county salary and could return to office if he’s found innocent after a trial.
Ellis has vehemently denied any wrongdoing and vowed to fight for vindication. Last week at the groundbreaking of a new senior center in central DeKalb, Ellis made it clear he has no plans to leave office: He promised to return for the center’s ribbon-cutting - expected early next year.
“I look forward to joining you again, in a few short months,” Ellis said.
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