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Local Carrollton Georgia News

Attorney Daley Fails to Read the Law on Burgess Agreement

April 9th, 2009

This past week Chairman Bill Chappell fired long-serving and highly regarded County Prison Warden Tom Burgess. While no public reason has been given regarding the sudden and unexpected termination, Chappell and Burgess signed a "Severance Agreement and General Release" on April 3rd, 2009.

But is the agreement legal?
According to the law, something our elected officials are supposed to care about, the chairman can authorize contracts up to $12,500 and he has the authority to authorize "contracts of employment." The severance agreement in this matter agrees to pay Burgess a total of $33,150.40 an amount much greater than the chairman's authority allows. And given Burgess was terminated last week, the contract is definitely not a "contract of employment."

What does the County Attorney think?
A telephone call to current Carroll County Attorney Cynthia Daley, a named partner with Atlanta law firm Daley, Koster & LaVallee, LLC, provided answers to several pressing questions relating to the Tom Burgess' contract.

Question: Is the board going to vote on Tom Burgess' "Severance Agreement and General Release"? The contract is paying him well over $12,500.
Cynthia Daley: "No."

Question: Did you write this agreement?
Cynthia Daley: "Yes I did."

Question: So, you believe Chairman Chappell has the authority to approve this agreement?
Cynthia Daley: "Yes I do."

Question: Why is that?
Cynthia Daley: "Because it relates to matters of personnel."

Question: But the law does not say the chairman has authority over agreements "relating to matters of personnel," it says the chairman has authority on "contracts of employment." That is not the same thing is it?
Cynthia Daley: "What are you reading to find this?"

Question: That would be the law. Under Related Laws, page 9, paragraph 22 and it says, "contracts of employment." The Tom Burgess severance agreement is not a "contract of employment" is it?
Cynthia Daley: "It could be part of an employment agreement."

Question: So Tom Burgess had an employment agreement with the county?
Cynthia Daley: "No. I tell you what, you ask questions and I will answer them."

Question: So you believe Chairman Chappell has the authority to commit to this agreement?
Cynthia Daley: "Yes I do?"

Question: And you believe this because the agreement is "related to employment" even though it is in no way a "contract of employment"?
Cynthia Daley: Yes.

What are we to conclude?
Carroll County Attorney Cynthia Daley has either failed to read the law or has chosen to ignore the law as it relates to the chairman's authority in the Burgess affair. Her failure has resulted in the production of an illegal contract.

This isn't the first time the chairman has exceeded his authority.

Tommy Greer also ignored the law
During February of 2008, while attorney Tommy Greer was acting as Carroll County Attorney, Chappell signed a contract with Mayor Wayne Garner's business partner, fellow lobbyist Charlie Watts, paying him $12,000. However, the contract Chappell signed on behalf of the county was for $100,000.

Chappell Gives $12,000 SPLOST Funds to Mayor Garner's Partner (10/10/2008)

For the record, the law says the board is to "authorize all contracts ... involving the expenditure of county funds in excess of $12,500." The law does not authorize the chairman to write as many checks as he chooses to write on a contract as long as each of them are not more than $12,500.

During July 2008, Chappell agreed to pay Brett Neal of Walkie Talkie Communications a total of $25,000. Chappell, under attorney Tommy Greer's watch, paid two payments of $12,500 to Neal, but the verbal, unwritten contract was for $25,000.

Un-Written Web Site Contract Confuses Carroll County Staff (2/2/2009)

Liquor Store Identified in Anonymous Chappell Informant Probe (10/31/2008)

Chairman Chappell Notified of Illegal SPLOST Payment (9/22/2008)

Again, the law says the board is to "authorize all contracts ... involving the expenditure of county funds in excess of $12,500." The law does not authorize the chairman to write as many checks as he chooses to write on a contract as long as each of them are not more than $12,500.

Both of these illegal transactions were featured by Atlanta reporter Richard Belcher during November 2009.

WSB-TV Channel 2 - Carroll County Secret Check Investigation (11/25/2008)

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You may also read the following related stories:

District Commissioners Publicly Defy Chairman Bill Chappell (2/28/2009)

Carroll Board Votes to Reduce Frequency of Their Meetings (2/12/2009)

City Warehouse Made Ready for County Office Space (2/8/2009)

Why is Carroll County Demolishing Courtyard Square? (2/7/2009)

Chappell No Longer Allows Citizen Questions at Meetings (2/4/2009)

Were the $70K SPLOST Payments for Consulting or for Settlement? (1/27/2009)

Bunch, Basil Secure Court Order against Chappell, Carroll County (11/19/2008)

County Officials Ignore Attorney General's Instructions (11/15/2008)

Chappell Blunders Secret County Email Deal (11/2/2008)

There is No SPLOST Account For Internet Use (10/24/2008)

Attorney General's Office Probes County Attorney for Answers (10/20/2008)

A Forensic Audit of Chairman Chappell's Year in Office (10/15/2008)

Staff Capitulates, BOC Quiet, Chairman Crosses Another Line (10/5/2008)

Chairman Not Worried About His Gas, County's Money (10/3/2008)

Attorney Greer Notified of Executive Session Illegality, Chairman Retreats (9/19/2008)