DeKalb County Board of Ethics Meeting - May 22, 2026

This meeting of the DeKalb County Board of Ethics took place on May 22, 2026 (per official record; the transcript notes the Chair corrected the date from April 16 to May 21 during the meeting). The board addressed routine administrative items, received the Ethics Officer's monthly report, dismissed a preliminary case for lack of jurisdiction, and conducted a final evidentiary hearing regarding two former parks and recreation employees accused of time theft. After hearing testimony, the board found violations, imposed sanctions, and referred the matter for potential prosecution.

Consent Calendar

• Approval of Agenda: Motion by George Frank, seconded by Tom Clements. Approved unanimously.
• Approval of Minutes (April 16, 2026 meeting): Motion by Shakita Wright, seconded by Scott Matthews. Approved unanimously.
• Executive Session Affidavit: Approved with a motion and second.

Ethics Officer Monthly Report

• Training: 471 new employees trained to date.
• Ethics Forum: Scheduled for June 5, 2026, featuring speakers Madam Lorraine Cochran Johnson and retired Senator Elena Perrin. The event is at capacity.
• Hotline Calls: Three court-related issues (service of process, non-employee matter, criminal/TRO), one sanitation department abuse of company time (referred to COO and director), and one report of a rude officer with insufficient information (no name provided).
• Open Records Requests: Zero.
• Email Blasts: Invitations sent to VIPs one month prior, save-the-date two months prior, and a full-capacity notice on May 12, 2026.

Preliminary Case – Dismissal

• Case A: Donna Trake Jenkins v. Javon Murray (Case 2026-5): Ethics Officer Elisa Murphy recommended dismissal due to lack of jurisdiction and expiration of the 4-year statute of limitations. The alleged incident occurred approximately 10 years ago, neither party currently works for DeKalb County, and the respondent indicated the complaint was in retaliation related to an ongoing court case involving the complainant. The board voted to dismiss.

Public Comments & Testimony

• Stephen Benny (1083 Seville Drive, Clarkston, GA): Praised the board’s work. Suggested posting reprimands in the county’s official newspaper (The Champion). Noted that the amount stolen could be estimated using the hourly rate ($17.68) and hours worked. Questioned whether Ms. Washington was coerced and suggested a lower fine for her to reflect cooperation.

Discussion Items

• Final Evidentiary Hearing – Diane C. Moore v. Johnny Mitchell (Case 2025-8) and Diane C. Moore v. Kimberly K. Washington (Case 2025-16): The two cases were heard jointly due to common facts. Both respondents were former part-time employees at Sugar Creek Golf and Tennis Center. Allegations: Mitchell was scheduled to work on 16 dates in 2025 (May through August) but failed to report; Washington clocked him in on those days. An investigation by Parks and Recreation found misconduct; both resigned in lieu of involuntary termination. The Ethics Officer presented two witnesses:
  • Kevin L. Buford (Deputy Director of Recreation, Parks & Cultural Affairs): Testified that video surveillance (limited to a 30-day retention window) showed Washington clocking in Mitchell on days he was absent. Mitchell showed no remorse; Washington was remorseful and admitted to the conduct. No restitution was sought. Total compensation not calculated because the department director chose to accept resignations. Hourly rate of Mitchell was $17.68.
  • William Lamar Cooper Jr. (Payroll Personnel Supervisor): Confirmed time card audit trails and HR records showing both employees were processed as “involuntary termination (resigned in lieu).” No repayment occurred.
• Evidence Admitted: Exhibit 1 (time card audit trail for Mitchell, 33 pages), Exhibit 2 (HR report showing termination status for three employees including Mitchell and Washington), Exhibit 3 (letter from Buford summarizing findings), Exhibit 4 (probable cause report). No objections.
• Ethics Officer Recommendation: For each respondent, an administrative sanction of $1,000 (the maximum), a public reprimand by the Board of Ethics, and referral of evidence to the DeKalb County Solicitor’s Office for potential prosecution (which could impose fines up to $1,000 per violation and up to six months imprisonment per Georgia law).
• Board Deliberations:
  • Questions arose about the limited video evidence (30 days) and lack of restitution calculation. Board members expressed concern that the $1,000 sanction might be insufficient and wanted the solicitor to investigate the exact dollar amount for the proven days.
  • A motion was made to accept the recommendation and include a request for prosecution (not just investigation) with specific dates and amounts. The motion passed for Mitchell.
  • A separate identical motion for Washington also passed, though one board member noted Washington’s initial deception and recommended that the prosecutor consider her broader role.
  • Concern was raised about conflicting HR terminology (“involuntary termination” vs. “resigned in lieu”) potentially affecting unemployment benefits.

Key Outcomes

• Case 2025-8 (Johnny Mitchell): Motion to adopt the Ethics Officer’s recommendation (public reprimand, $1,000 fine, referral to solicitor) with added direction to include specific dates and dollar amounts for prosecution. Passed unanimously (all ayes, no nays).
• Case 2025-16 (Kimberly Washington): Same motion passed (with one abstention noted as “I was reading”; no formal opposing votes).
• Preliminary Case Dismissal: Motion to dismiss Case 2026-5 carried unanimously.
• Upcoming Meeting: Next regular board meeting scheduled for June 18, 2026. The Ethics Forum will occur on June 5, 2026.