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Page 14 January 14, 2024 StarNews www.starnewsgaonline.com MALFEASANCE from front page This executive session, December 12th, was held just seven days after the Tuesday, December 5, 2023 Runoff Election in which Mayoral Candidate and past City Council Member McPherson came out the strong win ner against Incumbent Mayor Gil McDougal. McPherson received 66.55% of the vote; McDougal received 33.45%. McPherson had resigned as council member to mn for mayor. City Manager Tom Barber stated publicly in a letter dated November 21, 2023 and mailed to the homes in the Augusta Woods subdivision, that: “I have made it clear that if Mrs. McPherson wins next month’s runoff, I’ll have to look for another job. I simply have no inter est in working with someone who.... will be ineffective... “ McPherson won December 12th; was sworn in as mayor December 29, 2023 (a swearing-in ceremony was held Tuesday, January 9th). And as of the Tuesday, January 9th work ses sion and regular meeting, Tom Barber had not made good on his threat to quit and, in fact, was present, in his chair, at the council meeting (receiving pay). Malfeasance is defined as “an act that is ille gal and causes physical or monetary harm to another; an act that is intentional conduct, espe cially by officials or public employees”. The accusation of malfeasance, according to the Resolution, stemmed from an executive ses sion two full years ago on January 11, 2022. Although City Attorney David Mecklin was asked to read the Resolution at this meeting, he did not write nor was involved in any way with the creation of the Resolution. This is unusual, as a city’s attorney is already under contract for payment for services. The Resolution was pre sented at the meeting by Mayor Gil McDougal. A StarNews source shared said that McDougal was the one who drafted the resolu tion and did so by using a “template”. The Resolution states that then-Council Member McPherson “may have” disclosed information discussed in the January 11, 2022 Executive Session of the Mayor and Council regarding potential litigation, thereby violating the City Charter Code of Ethics. The motion for adoption of this Resolution on December 12th was made by Council Member Danny Carter, seconded by Council Member Anna McCoy, and approved unani mously by council including Council Members Matthew Momtahan and Shirley Marchman. Special Called Executive Session was held Monday, January 8,2024 Villa Rica City Council posted on Friday, January 5th, Special Called Executive (secret) Session 4:00 p.m., Monday, January 8th - the day before the Tuesday, January 9th council work session and regular meeting - for the pur pose of discussing the “Resolution to Investigate a Public Officer”. Meeting was held in council chambers, Holt Bishop Justice Center, 101 Main Street, Villa Rica. Present: council members Matthew Momtahan, Shirley Marchman, Danny Carter, and Stephanie Warmoth. Absent: Anna McCoy. Mayor McPherson gaveled the meeting to order. Approximately 25 people attended (not counting the ouncil, mayor, city personnel, and law enforcement who were present). City Attorney David Mecklin stated that council would be meeting in executive session for “the purpose of meeting with legal council to dis cuss pending threat of litigation under the attor ney (Mecklin) - client (city council) privilege”. McPherson recused herself from the secret session, stepped down from the mayor’s seat, and took a seat in the audience. The Resolution stated that city council has legislative and investigative power under the Georgia Code and the city charter to conduct inquiries regarding any department, office or agency of the City of Villa Rica, including the Hfili PEN TAG^N ^Use^ut-fTaxfRefuidll^tAi^iji^ ILLAGE Lt-214 Cash price of $60,156, down payment $6,000 and the monthly payment of $730 for 12 years plus lot rent. Lt-4 Cash Price $66,930, $8,000 down and monthly payment of $77113 yrs (estimated) plus lot rent. Cedar Village Manufactured Home Community 250 Cedar Heights Road, Carrollton 27 South, Walmart, TMC, HD, near elementary & middle schools www.PentagonHomes.biz*Office:770-834-4707* rhonda@roane.com pattiroane57@gmail.com text 770-853-0609*Espanol luz@roane.com text 404-604-9286 right to subpoena witnesses and/or evidence to determine whether the Code of Ethics applies. In executive session, Momtahan, Marchman, Warmoth and Carter, ,. _ _ . City Manager Tom Barber stated publicly in a letter... that: “I have made it clear that if Mrs. McPherson wins next month’s runoff, I’ll have to look for another job.” McPherson won December 12th.. .as of the Tuesday, January 9th... Tom Barber had not made good on his threat to quit... and were, to make a decision: to take action, as in steps to investigate McPherson; or, take no action. Mecklin and council went into the executive session room at 4:02 p.m. and returned at 5:35 p.m. Mecklin reported that “There was no action taken at the meeting other than the city attorney was directed to meet with the mayor to consult and attempt to reach a resolution on the pending matter that would potentially result in a recission [equitable remedy to cancel] the exisiting Resolution.” Mayor McPherson resumed her seat at the center of the council table. Public comments were next. Citizen Irene Carlo remarked on the confusion of the Resolution and asked for more transparency in the Villa Rica government. Citizen Doug Lang asked for more context and clarification on what the city attorney reported from the executive session. Mecklin responded to Lang’s request. This is unusual, as Public Comments are just that, a comment from a citi zen and then the citizen leaves the podium. Citizen Peg Taylor com mented she was glad that council took no action, as that will save taxpayer money. The Resolution had stated: “Council may hire attor neys, legal research assistants and/or third par ties.” Special Called Meeting was adjourned. At the next day’s (Jan. 9th) work session, mayor and council were present with the excep tion that Council Member Anna McCoy left early. During Public Comments, Citizen Doug Lang spoke, addressing the issue of the City Manager Tom Barber’s threat that he could not work with Mayor McPherson. Lang said the point of his public comment was to get some clarification and understanding of the “now infamous, so-called, Tom Barber See “BYE BYE BARBER” page 17 SPECIAL ELECTION from front page ment with the new boundary lines. Dugan immediately announced he would run for Georgia’s 3rd Congressional District currently held by Drew Ferguson who had announced he would not be seeking reelection. Georgia Secretary of State gave notice that a Special Election will be held Tuesday, February 13, 2024, in Carroll, Douglas, Haralson and Paulding counties. Run-off, if needed, will be held Tuesday, March 12, 2024. Qualifying was held at the Georgia Secretary of State’s Office at 2 MLK Jr. Drive, Suite 802, Floyd West Tower, Atlanta, on Monday, January 8, 2024, Tuesday, January 9, 2024, and Wednesday January 10th. Qualifying fee was $400.00. Advance in-person absentee voting will begin on Monday, January 22,2024. Candidates who qualified for the District 30 State Senate are: DEMOCRAT: Ashley Kecskes Godwin Occupation: Georgia Film Industry REPUBLICANS: Timothy J. Bearden Occupation: Government Affairs Renae Bell Occupation: Real Estate Broker Robert “Bob” Smith Occupation: Consultant Carroll Electric O © © O Membership Cooperative <770) 832-3552 Community Built. Community Builder. CilTTOllcttlC.COW wmm Scan the code with your smartphone camera! Ssife.
