Another alleges illegally attending a partisan event on business trip
The Waycross Ethics Board continues to consider action on a citizen complaint against City Commissioner Katrena Felder after nearly four hours of testimony during a hearing Friday, November 15.
The five-person board heard allegations of misuse of a city issued credit card and attendance at a partisan event while on a city business trip.
Examinations of witnesses by attorneys representing complainant Clayton Nelson and Felder were conducted in City Hall.
Nelson was among the six who testified. Felder, however, was not called by her attorney, Adam Craft, who motioned for dismissal. It was denied by a 3-2 margin and the board voted to continue deliberations.
The hearing will reconvene at 5 p.m., Thursday, November 21 in City Hall.
Interim City Attorney Huey Spearman said the board will have five days to reach a decision. If no decision is rendered, the process will be extended another five days. Spearman said the board’s decision will come in written form to the city commission and be announced at a public meeting.
The Ethics Board met September 3 after a complaint by Nelson was filed questioning the validity of items on Felder’s past expense reports while on city business. Felder represents District 3.
The complaint also alleges Felder attended a partisan event while on city business. Friday’s hearing followed three earlier meetings by the board to gather information from Nelson and city officials, including Commissioners Sheinita Bennett and Alvin Nelson.
Nelson, the District 5 Commissioner, was among the six who testified Friday while Bennett was on Felder’s witness list, but not called. Others called were City Manager Ulysses “Duke” Rayford and Finance Director Greg Smith for the complainant.
Former Commissioner Marian Solomon-Gaines and current District 4 Commissioner Diane Hopkins were called by Craft. Mayor Michael-Angelo James, City Administrative Assistant Robin Brookins and Bennett, were also on Craft’s witness list.
In her opening statement, attorney Cynthia Copeland, who represents Clayton Nelson, contended the complaint showed Felder “recklessly abused” her city-issued credit card. She said the complaint provides enough documentation to show abuse, especially for someone having undergone ethics training related to her position as a commissioner.
Felder
Craft said there was nothing offered in the complaint presenting abuse or any pattern of it.
Copeland introduced two dozen items from the complaint representing alleged misuse of the credit card by Felder including purchases from Atlanta, Cordele, Hazelhurst and Waycross.
Central to charges in Atlanta were those from the Red Phone Booth, Amalfia Pizza and Cutz steakhouse. Among charges questioned in Waycross were those from Hog ‘n’ Bones, Applebee’s and Dairy Queen.
The Red Phone Booth is a cigar bar with a Prohibition- era “speakeasy” theme.
Board member Martin Gray, during an earlier meeting, said he discovered the Red Phone Booth and Amalfi are one business entity. Purchases from Amalfi are listed as Red Phone Booth on the receipt of the pizza restaraunt.
Copeland also questioned Clayton Nelson about documents which appear to show Felder going over budget for travel and training.
Craft challenged Nelson on his understanding of the difference between annual and fiscal budgeting and his knowledge of appropriate use of a city credit card.
Nelson asserted the limit for a commissioner’s travel and training is $5,000. The actual allotted amount is $10,000.
Rayford and Smith were called to testify after Nelson. They were questioned on the process of handling city expense reports, a commissioner’s budget and what they viewed as allowable use of the credit card.
Commissioner Alvin Nelson was questioned on use of the card, including wether or not it could be used for a partisan event. He said he always followed a strict interpretation on the use of the card and if there was any question, he sought clarification in advance.
Copeland then concluded with her witnesses and Craft made his motion for dismissal saying, the complaint may have raised conjecture about Felder’s handling of expense, “but they have to prove it beyond a doubt.”
“They’ve raised this aura which maybe she did,” Craft said, “but they haven’t proved it.”
The board retired to executive session to discuss the request for dismissal and returned 52 minutes later deciding to continue.
Members Albert Bussey, Lorene Regulus and Chairperson Shawn Taylor voted to continue while Felicia Brown and Gray voted for dismissal.
Craft and Copleland questioned Solomon-Gaines and Hopkins about their understanding of the use of the credit card.
Solomon-Gaines, who held the District 3 seat for nearly 17 years before retiring, said she had often used her card for events in the city with authorization from another city official such as the mayor. Hopkins, who’s been in office for 21 years, said she did the same.
On the question of purchasing snacks or beverages in advance of training in Atlanta either in Waycross or at a stop along the way, like Cordele, both said they certainly would do that in an effort to save money.
Hopkins answered Copeland stating she’d stopped in Tifton many times for a bottle of water at $1.25 instead of waiting to get to the hotel in Atlanta where it’s $10 during a training trip.
Craft, who chose to rest his defense after those two examinations, then reiterated much of the motion to dismiss in his closing statement.
“At the end of day, they haven't proven she has misused anything,” Craft said. “I ask you all to determine she hasn't violated a code of ethics. But if you do, the most minimal reprimand would be the only thing that would be appropriate.”
Copeland said the complainant’s charge was to prove the misuse by a preponderance of evidence without a shadow of a doubt.
“Looking at the receipts shows violations” she said.
The attorney said another important issue to consider was regardless of how minute someone may think an instance is, it’s still misuse.
“She has done it time after time,” Copeland said.
