Councilwoman Adrian Bonser Fires Back

Councilwoman Adrian Bonser - accused of leaking privileged city information -  filed an ethics complaint this week alleging that Mayor Mike Davis and her fellow council members called an "unlawful" executive session and failed to call a required meeting when they signed an ethics complaint against her.

Bonser also names City Manager Warren Hutmacher and former City Attorney Brian Anderson in regard to the unlawful executive sessions. Anderson resigned under pressure for his role in the alleged leak of city information.

For the council's executive sessions held Jan. 23 and Feb. 3, Bonser's complaint states, "the Executive Session law in effect at the time, only allowed an Executive Session to be held on the topic of 'future acquisition of real estate,' not disposition of real estate."

Bonser's complaint comes several weeks after the city council released the conclusions of an independent investigation by former DeKalb District Attorney Bob Wilson, who named Bonser and Anderson as leakers of privileged information.

Bonser is alleged to have talked and written e-mails about the city's discussions surrounding a development deal of the 'PVC Farm.' The city recently approved a deal with John Wieland Homes and Neighborhoods to begin development of the PVC Farm and a 19-acre parcel the city has an option to purchase that is the former site of an Emory Hospital.

The sessions discussing the PVC Farm were held Jan. 23 and Feb. 3 - and authorized by the now-deposed Anderson. Wilson writes in his report that the city met lawfully in private session because the land deal was a "complex" property swap that included both the sale and purchase of property, the latter of which is always allowed in executive session.

Bonser also states in her complaint that a May 29 ethics complaint filed against her required the council to meet as a quorum, but a meeting was never called - a violation of the state's open meeting laws.

"(Georgia law) requires public notice and a prior published agenda when a quorum of the Mayor and council meet, and requires a public Vote (following  proper notice) on any business conducted by the quorum.

"As reflected by the City Clerk’s single May 29, 2012 Notary stamp on the Ethics Complaint dated May 29, 2012, a quorum of the Mayor and Council met on May 29, 2012, Without proper notice, prior publishing of its agenda, and conducted business without a public vote."

Bonser also asks for a list of public records from the city related to the complaint against her, including the employment contract of Hutmacher and records that reflect the "vote and engagement" of Wilson to investigate the leaks.

In addition, Bonser requested an attorney to represent her in her ethics complaint filed by the city. She notes that close to $50,000 was paid to Wilson's law firm for the investigation it was contracted to conduct. She also noted that Brian Anderson received two month's compensation in a separation package from the city, which tallied to more than $29,000.

"Clearly, it would not be just and appropriate to spend $100,000.00 or more in City funds on one side of an ethics complaint, and then expect an elected official to spend personal funds to respond to the allegations concerning the elected  work as a City Council member."