2007-11-15 JOHNS CREEK HERALD
Should Johns Creek Councilman Johnson sit out MPCS vote?
by Caron Cooper	write the author
(CARON COOPER/www.northfulton.com) Stephanie Johnson, right side, fourth row, second from the left, wife of Johns Creek Councilman Randall Johnson, is seated between Chris Cupit and Alan Hamby at the Planning Commission meeting. Both Cupit and Hamby spoke in favor of the Mount Pisgah school at the public hearing. Her involvement in the case has raised concern of a possible conflict of interest. (click for larger version) November 21, 2007 Residents from the Brumbelow Road corridor and the Newtown community, now joined as the "Concerned Members of the Brumbelow Road Community," have been questioning a possible conflict of interest on the City Council. Their concern centers on the Mount Pisgah Christian School land petition to double the development of their recreational complex to 33 acres. Councilman Randall Johnson's wife, Stephanie, has been an advocate for the Mount Pisgah side of the case, so much so that residents who want to restrict the expansion wonder aloud if Councilman Johnson should recuse himself from the Nov. 26 vote. "I don't know why I would," said Johnson. "My wife has attended some Mount Pisgah meetings and she was at the Planning Commission, but that's been the extent of it." RELATED ARTICLES 2007-Nov-15 Johns Creek City Council sheds some light on Mt. Pisgah's ball fields 2007-Nov-15 Recreation serious business for Johns Creek According to City Attorney Bill Riley, a recusal is a matter of financial involvement. "The legal definition is if you have a pecuniary interest [then you should sit the vote]. But I think that many people, in an abundance of caution, take a broader view of the appearance of impropriety," he said. Riley used Mayor Mike Bodker's recusal from the Johns Creek Walk Phase II rezoning as an example. Bodker is a member of the Standard Club, the neighborhood adjacent to that parcel. The club was also selling a portion of the property to applicant. "Even though it is a stretch to imagine that any action he took would impact him financially, in an abundance of caution he said, 'I will not make any decision on that,'" said Riley. Riley thought the mayor went beyond what was required for ethical. But it is never too cautious to take the most prudent course of action instead and disclose some tangential potential, he said. "[The mayor] took the broader view that there could be an appearance of impropriety," said Riley. As for Johnson's wife's involvement, Riley said anybody is entitled to express an opinion, even one's wife. "You certainly can't prohibit a third party from having a view," he said. Riley could neither confirm nor deny whether there has been internal city discussion on the subject of Johnson recusing himself from Mount Pisgah. With regard to Johnson and his family being members of the church, Riley could not say whether that would make a difference. "I don't know the facts and circumstances that would give me an opportunity to give you an opinion," he said. Rick Thompson, executive secretary and head of the Ga. State Ethics Commission, said this type of case would not fall under the commission's jurisdiction. "The only jurisdiction we would have is if she had some kind of fiduciary position of business interest. He would have to disclose that on his personal financial disclosure. And if he didn't [disclose a financial relationship], then we would have jurisdiction under the Ethics in Government Act. It's all about disclosure," he said. Every government official, elected or employed, has to file with the city clerk on a yearly basis a personal financial disclosure that lists all the businesses and properties owned within the immediate family. Thompson said conflicts of interest would fall under the attorney general's jurisdiction. There does not appear to be any financial connection between the Johnsons and Mount Pisgah. Records do indicate a $500 campaign contribution from Johns Creek resident and developer Alan Hamby. Hamby, who sat with Mrs. Johnson and Chris Cupit at the Planning Commission meeting, spoke on behalf of the school during the public hearing. So did Cupit. Residents say her involvement gives the appearance of impropriety and fear that Johnson has already made up his mind regarding Mount Pisgah. But Johnson was clear – he says there is no conflict of interest. He has discussed these concerns with the city attorney and is confident in his decision not to recuse himself. "We are members of the Mount Pisgah Church, that's it," said Johnson. "Our son does not attend Mount Pisgah school, we have not donated a dollar to Mount Pisgah School. We've donated to the church and we have attended the church since 2003." Johnson, a resident of the Chartwell subdivision, attended his Homeowner's Association meeting last week, and Pisgah was a topic of conversation. "I cannot state my opinion on it, because I don't have all the information and I won't get my packet until a week before. I cannot comment publicly on it until the 26th," he told meeting attendees. Even though Johnson cannot comment on the case, council members did receive the case information in their Nov. 13 packets for the rezoning first reads, which included staff and Planning Commission recommendations. "When people ask me about Mount Pisgah, I refer them to the Johns Creek Web site to read the staff report and form their own opinion." Johnson conveyed that the three-week time period between the commission and council meetings allow council members to request further information from staff. "There are questions about the lights. I know I asked staff to give me research on lights, the type of lights and things like that," he said. "We are fact finding." Johnson said city staff told him another council member had requested similar information. He also said the Public Works staff was also looking at the traffic data again, due to community claims to see if something was missed. - www.northfulton.com

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