E-mail was rookie mistake, says O'Brien Milton city officials inadvertently strayed afoul of Georgia law when they had a city employee send out e-mails about a fundraiser for two city councilmen.The e-mail, sent March 28, reminded local media of the event, which was slated for the next night at the Atlanta National Golf Club. The fundraiser is to pay off the campaign debt of councilmen Bill Lusk and Neil O'Brien.It was signed by City Clerk Janette Marchiafava and includes the city's logo, e-mail signature and contact numbers.
State Ethics Commission Executive Director Rick Thompson said sending an e-mail or any other in-kind work for an elected official or candidate is contrary to the Georgia Code."The law states no public agency shall directly or indirectly promote a candidate or elected official. So speaking hypothetically, if the city of Atlanta sent out e-mails telling about a fundraiser for an elected official, that would be wrong," Thompson said.Both Milton Communications Director Bill Doughty and City Manager Aaron Bovos said the purpose of the e-mail was simply to announce a possible City Council quorum (a majority of the City Council) at the event, which technically makes it a council meeting. They also said it in no way was meant to endorse Lusk or O'Brien or aid in their fundraising efforts."Our goal [with this e-mail] was just to make sure we are overly compliant with the media when quorums are present," said Bovos.
The e-mails went out to news outlets only.However, the e-mail makes no mention of any council members being at the fundraiser other than O'Brien and Lusk. It also fails to mention that any possible quorum could take place. Mayor Joe Lockwood was more contrite."It appears this was a mistake, said Milton mayor Joe Lockwood. "If it was a mistake, it was unintentional and not a willing mistake. That's the bottom line"In defense of their position, both Doughty and Bovos recalled an earlier e-mail sent to media outlets announcing a fundraiser for the Greater North Fulton Chamber of Commerce Gala event at the Georgia Aquarium. In that case, notice was also given by staff to the media about a possible quorum since council members were sure to be in attendance.
However, that event raised no money for political campaigns.O'Brien said he believes the e-mail was worded in such as way as to provide for some confusion. He also said that as a new body, it appears as though the city might have erred on the side of caution by trying to announce a quorum at the event at which Lockwood is a host."But there is no intention to discuss any city business there," he said.Bovos said a problem could have surfaced for the city if it had not mentioned the event officially."The flip side of this is that we get someone who says, 'I went to this event and there were no staff members, but six city council members were there and they talked about Birmingham Park,'" he said. "Then we're liable for that notice."Milton's commitment to ethical, open government has been an important issue to staff and council. The city previously adopted Sandy Springs' ethics ordinance and has its own ethics board. In addition, it adopted the Georgia Municipal Association's five ethics principles in order to be named a "Certified City of Ethics."Lusk could not be reached for a comment by press time.
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