DAWSONVILLE, Ga. – Post 4 City Councilman Mark French said during a preliminary hearing before the Dawsonville Ethics Board Friday the complaint filed against him by fellow members of the city council is politically motivated.

In a six-page written statement presented to the Board, French said, “It is based solely upon on political motives and not on any alleged improper action on my part. The Council is well aware of my support for another candidate in the recent Mayoral election. In my opinion, the complaint is both frivolous and patently unfounded.”

Mayor Mike Eason defeated Durant Wright in the November election.

The meeting, which lasted just 51 minutes including a 30-minute executive session, gave French an opportunity to present a formal response to the Board. Neither he nor the city was represented by an attorney Friday as both will be during formal hearing which could be held later next month.

French  argued in his written statement, “the complaint against me should, in the first place, be dismissed for failure to comply with the rules.”

Sec. 2-82 of the City’s Code of Ethics requires that a city official charged with a complaint must be notified within seven calendar days after the City Clerk receives the complaint. French said he was not notified until nine days later on Dec. 4.

Attorney Ab Hayes, who will represent the city during the formal hearing, told the Board he would contact French’s lawyer, Steven Leibel, in an effort to resolve the issue.

After reading French’s statement, the Board dismissed three of the nine alleged violations.

Those dismissed are as follows:

Sec. 2-77 (12) A city official shall not directly or indirectly make use of, or permit others to make use of, official information not made available to the general public for the purpose of furthering a private interest;

Sec. 2-77 (14) A city official shall not order any goods or service for the city without prior authorization for such expenditure. No city official shall attempt to obligate the city or give the impression of obligating the city without proper prior authorization;

Sec 2-78(a) A city official may not participate in a vote or decision on any matter affecting an immediate family or any person, entity or property in which the official has a substantial interest.

The alleged violations the Board agreed to consider during the formal hearing are as follows:

Sec. 2-77 (1) No city official shall use such position to secure special privileges or exemptions for himself or herself or others, or to secure confidential information for any purpose other than official duties on behalf of the city;

Sec. 2-77 (2) No city official, in any matter before the council or other city body, relating to a person or entity in which the official has a substantial interest, shall fail to disclose for the records such interest prior to any discussion or vote or fail to recuse himself or herself from such discussion or vote as applicable;

Sec. 2-77 (6) All public funds shall be used for the general welfare of the people and not for personal gain;

Sec. 2-77 (10) No city official shall use city facilities, personnel, equipment or supplies for private purposes except to the extent such are lawfully available to the public;

Sec. 2-77 (11) No city official shall grant or make available to any person any consideration, treatment, advantage, or favor, beyond that which it is the general practice to grant or make available to the public at large;

Sec. 2-78 (C) A city official may not participate in a vote or decision on a matter in a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair his independence of judgement or action in the performance of his official duties.

 

 

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