An ethics complaint filed against a Statesboro city councilwoman was dismissed by the mayor before even being investigated, a move in conflict with the city’s ethics ordinance.
The complaint arose after a vote during Tuesday’s city council meeting. Council members voted unanimously to approve a Memorandum of Understanding with Habitat for Humanity and Agape Worship Center for residential real estate development. The agenda packet cites an advantage in obtaining grant funds if the city has the MOU in place.
On the Georgia Secretary of State’s website, Agape Worship Center for All People lists Donald Chavers Jr. as the CEO. Similarly, the Agape Worship Center website lists him as the pastor. Donald Chavers Jr. is the brother of Councilwoman Paulette Chavers.
Councilwoman Chavers voted YEA on the MOU during tonight’s city council meeting.
Section 2-123 of the City Ordinances defines “Immediate family” as “spouse, mother, father, brother, sister, son, or daughter of any city official.” It also says defines “substantial interest” as “a known interest, either directly or through a member of the immediate family,” if the person or immediate family member earned more than $5,000 in the previous 12 months (via salary, commissions, gifts, services, or anything else) OR more than 10% of their income from the entity.
Section 2-124(b) says “No city official, in any matter before the council, in which he has a substantial interest, shall fail to disclose for the common good for the record such interest prior to any discussion or vote.”
Section 2-125 says “A city official may not participate in a vote or decision on a matter affecting a person, entity, or property in which the official has a substantial interest.”
At the root of the complaint filed against Chavers was her failure to disclose her “substantial interest,” established via her brother, and cast a vote despite the city ordinance prohibiting her from doing so.
The complaint, filed with Mayor Jonathan McCollar in accordance with the city’s ethics ordinance, outlined the alleged bad act and the corresponding ethics ordinance subsections.
McCollar replied to the complainant Thursday, saying:
“Thank you for your email. We caught this error after the meeting and have since taken corrective action. Councilwoman Chavers withdrew her vote via email and the record will reflect this at the next council meeting along with an acknowledgement form.”
The city can attach an addendum to the meeting minutes, but cannot amend them as minutes reflect what occurred during the actual meeting.
More notably, according to the city’s ordinance, McCollar has no authority to dismiss the complaint.
Section 2-128(a) of the Statesboro ethics ordinance states that, upon receipt of the complaint in writing, “the mayor shall notify the accused of the complaint. The accused official shall provide a written response to the mayor concerning the allegation within three days.” (emphasis added)
The ordinance requires:
- the accused official to be notified upon receipt of the complaint
- a response by the accused, requires answer
- an appointment by the mayor of an investigating committee
- evaluation of the complaint and any relevant evidence by the committee
- a determination by the committee as to whether or not the complaint should be heard by the full council
The city ordinance does not allow for a complaint to be dismissed by the mayor due to corrective action occurring after the ordinance was violated. Should the committee determine the complaint should be heard by the full council, council could consider Chavers’ actions if they considered a punishment for the violation. Otherwise, the post-vote remedy is irrelevant to the ethics complaint.
Elected officials are educated on conflicts of interests at their state-mandated training put on by the Georgia Municipal Association. Chavers is the President for the 12th District Board of Directors for the Georgia Municipal Association.
