Code of Ethics Issue

The DeKalb County Board of Commissioners faces an important issue at their business meeting on Tuesday, March 13, 2001. They will be asked to act upon an item that could put them in violation of the Code of Ethics in the County's Organizational Act. After that meeting the citizens of DeKalb County will know whether a "fresh start" is really underway or whether it is "business as usual" in DeKalb County.

An item on the agenda for board approval at next Tuesday's meeting is Consent to Assignment of a lease. Post Travel, Inc., wants to transfer its lease/land option to build a hangar on 3.24 acres of airport land to Peachtree Aviation, Inc., and needs the commissioners' approval.

The attorney who represented Post Travel in this request is Jonathan Weintraub, former County Attorney, who left county employment late last year. In a January 16, 2001, letter to Airport Director Lee Remmel, Mr. Weintraub asked him to "expedite approval of this assignment".

The County's Organizational Act covers this situation in its section on Code of Ethics. It states in Section 22A(g), "DeKalb County shall not enter into any contract with, or take any official act or action favorably affecting, any person, or business represented by such person, who has been within the preceding twelve-month period a member of the governing authority." Mr. Weintraub meets the definition: "Member of governing authority or member means the chief executive or any commissioner of DeKalb County, any member of a board appointed by the governing authority, or any elected or appointed officer or employee of DeKalb County who is not covered by the current or any future merit system of DeKalb County" in Section 22A(b)(8).

The request for the Consent first appeared at the February 14, 2001, Airport Advisory Board meeting as a last-minute item in violation of the board's procedural rules. These rules call for all items up for vote to be given to board members at least three days prior to allow time for review. The board voted to defer a recommendation until it had more information. Since airport staff had the letter from Mr. Weintraub a month earlier the question is, why wait until the last minute to bring it up?

Commissioners deferred a vote on this item at the March 13 meeting and requested more information about Peachtree Aviation, Inc. At their March 27 meeting the commissioners voted to approve the consent. Commissioners Hank Johnson and Judy Yates voted to deny the consent. Mr. Weintraub has withdrawn as counsel regarding this matter.

The Community Journal covered this story in two informative, well-written articles in their March 8, 2001, and March 15, 2001, editions.