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
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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
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