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DeKatb County Board of Ethics

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Chair
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Vice- Caair

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September 19, 2016

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VIA CERTIFIED

MAIL-

RETURN RECEIPT REQUE5TED

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Fnbar! F. Ta:rnt, J,.

Mr. Stan Watson


4299 Shenrood Oaks Dr.
Decatur, GA 30034

Mr. Watson,
Pursuant to the DeKalb county
Board of Ethics Rules 4.4
(Probabre cause Report),
{lnitiation of complaints) and 5.6
the encrose1l.l..b,:
as presented to you
the new aregations
as notice of
r
the
eorrJorii'hics
add to the compraint Rhea
Johnson against Stan Watson
dated Oecember 14, 2015.

ili;h ., d;;;ins

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Pursuant to Rule 5'6 of the


Ethics Board, you have fourteen
days from receipt of this
file a response stating the
report to
facts .nilrrr", on which you
dis.agree
with this report. rf you do
file a response with the eoardwiih'"]orn.en
not
days, you wi[ have waived
the Board on these amended
your right to address
allegations at a probabi"
..rr" hearing. After the goard receives
your response, the Board
wir set ihi, ,rtt", do*n ro, p.ou"bre
cause hearing.
Please feel free to contact
me to discuss this
the attorney send a letter
tonnttningli,

Cari?r

"

matter. rf you have hired an attorney,


ptease have
o. her represeniriion in your
caseThank you.

Sincerely,

Ethics Officer, DeKalb Board


of Ethics

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Enc.

330 W. ponce de Leon Ave,,4*


Floor, Decatur, 6A 30030,

'

Probable Cause Report

- Stan Watson

September 19, ZOL6

This Probable cause report is being provided


by stacey Kalberman, Ethics officer of DeKalb
county, in
response to the investigation of the complaint
of Rhea iohnson against stan watson.
Rhea Johnson filed a complaint against
stan

watson received by the Ethics Board on December


15,
2015' The complaint alleged that Mr. watson
had violated the Ethics code by creating
the
appearance
of irnpropriety through the use of the DeKalb chamber
of commerce as a private fiscal agent for raisinp
funds for DeKalb county events- Notice
of the complaint was sent to stan wa6on on April
t4,2ot6
shortly after I began my position as Ethics officer.
The notice requested that Mr, watson
respond to the
complaint within 30 days, but the Ethics Board
has not received a_ _response
__rv,ri!
.t v[r Mr.
from
rvrr. watson as of this

datg.

on May 27

'vic Hartman was appointed as outside investigator to the Board in this matter. since June
of this year' vic Hartman and I have been investlgating
the watson complaint. Three subpoenas
have
been issued in this matter; one to cornerstone
Bank which held the chamber bank
account
receiving
and distributing the funds for the charnber
of comrnerce. A second was sent to the
chamber of
commerce and a third was issued to Mr. watson.
The chamber of commerce and the Bank
have
responded to the subpena requests, however
Mr. watson has not. After numerous interviews
with
the chamber of commerce, cornerstone
Bank as well as DeKarb county employees
and review of
numerous documents, it is my opinion that
there is probable cause to amend the complaint
filed by Mr.
Johnson by adding the following three
allegations to the complaint against Mr.
watson:

r)

violation of 522A(c)(71 of the Ethics


code (Engaging in an activity prohibited
by taw) by
removing all files and records from
his om."'rpliiirelinqrirr,ing his post
as the Districr 7
commissioner' The removal of all the
files ind records-from Mr. watrcn,s
office is in
violation of the following Georgia sratutes:
a) Farlure to property preserve government
records in violation of the Georgia Records
aa O.Ce.a. g#fa-gO; b| O.C.G.A. g 45-E-7.
officer must deliver books, etc., to successor
(when .ny offi.. is vacated, it is
the duty of
the incumbent, when requested, to detiver
a[ books, prp"rr, and other office property to
his qualified successor.); cl O.C.G.A. g45-6-14.
Ofncerc detaining books, etc., from
successo6 (After the expiration of his
term, if any officer shall willfulty and
unlawfully
withhold or detain from his successor
the books, papers, orother office property
belonging
to his office or if he shall mutilate, destroy,
take away, or othenvise prevent the complete
possession by his successor ofsuch
books, papers, or other office property,
then he shall be
guirty of a misdemeanor); dl o.c-6.A.
945-11-1. Stearing, artering, etc., of pubric
docurnents {b} {whosoever, without
authority and with ihe intention of convertinB
to his
own or anothe/s use, ..-. or wiilfufiy removes
any book, document, record, or other propert!
from any such office shall be guilty of
steating sr.r, p.ope.ty; (e) violation
of the De*arb
County Record Retention
AcL

z)

violation of g22A{c}{7) of the Ethics code (Engaging in


an activity prohibited by 1aw}

by use
of county resources including ernployee time, computers, printers, outside
vendors and
services from other DeKalb agencies in order to benefit
his political campaign in violation of
o'c'G'A' $21-5-30.2 of the State Ethics code. Upon review of
documentation and

interviews with DeKalb employees, there is probable cause


to betieve that Mr. watson used
the time of the employees of his office and the resources
and equipment of DeKalb county
in order to plan, publicize and conduct events that rdised money
for .,Friends of Stan
watson" his political campaign committee and generally under
other organizational names
in order to raise funds for his political campaigns as
commissioner of DeKalb county.

3) violation of s22A (cXzl($ of the Ethics code by directly

requesting and

for county events from county contractors, vendors and suppliers. soliciting donations
such solicitation of

donations from county contrastors, vendors and suppliers


when commissioner watson was
regularly involved in official acts which directly affe,cted
or could affect the county vendor,
contractor or supplier is in direct violation of the above
subsection of the Ethics code. After
review of documentation inctuding letter solicitations, phone
calt logs and emaits, there is
probable cause to believe that Mr. warson
is in violation of the 521(cf{z}(A} of the Ethics

Code-

Pursuant to the DeKalb county Board of Ethics Rules


5.6, this probable cause Report is presented to the
Respondent as both notice of the new allegations
brought under the complaint Rhea Johnson against
stan watson dated December 14, 2015 and to give Mr.
watson 14 days to respond to the Board of
Ethics stating the faas and issues upon which the
Respondent disagrees. Atter such time, the Board will
set this matter down for a probable cause hearing.

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