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Meter stops on investigation

At nearly $100K, mayor's probe appears ended; Now council must decide what to do with it

October 30, 2013
JOHNS CREEK, Ga. – With an estimated $100,000 spent, the City Council's four-month probe into allegations against Mayor Mike Bodker is apparently over. The big question now is what will council do with it?

Apparently they are not sure. City Councilman Randall Johnson, who has been the council's point man on the investigation, said the City Council will have to meet on what to do next with investigator Robert Wilson and City Manager John Kachmar.

"Some of the questions are still open, and right now we are still waiting for the mayor, who has yet to turn over documents that were requested months ago," Johnson said.

"But we will look at our options. We have to decide whether to send [the report] to the district attorney's office, to state Attorney General Sam Olens or to the FBI," Johnson said. "All our options are on the table."

Bodker's attorney Michael Cross said the report is worthless as an investigation and that it is more likely any council action taken with it is only face-saving.

"If there were any actionable items of ethics violations in the report, and there are none, the statute of limitations have long run out. And the members of the council must know this," Cross said. "And as noted, it is an interim report. It has not been completed. There is nothing for any agency to act on."

As for the three main allegations the report singles out, none are serious enough for those agencies take up even if there were any proof.

Johnson alleges that the proof would have been forthcoming had Bodker turned over the phone records and his lease agreement with a developer as the investigator had demanded.

"This would have all been over in two months instead of four if the mayor had produced his phone records and the leases," Johnson said.

Asked if there was enough evidence for the district attorney or the attorney general to act on, Johnson said he did not know.

"But I do know that this is just the tip of the iceberg," he said. "If he would turn over those documents, then the investigation could move forward. He mentions the costs of the investigation just to deflect the real issue. He knows that using his personal phone for city business means that all of his records are subject to the Open Records Act. That would have texts [that would incriminate him].

"Then the next step would be to look at all of his emails. But Bodker has been stonewalling," Johnson said. "We have a dishonest mayor. That is the real issue."

Cross said if the mayor's phone records were so critical to the case, the investigator already had the remedy in his hands, which was the subpoena power granted to him by council.

"He could have brought us before a judge at any time to demand we produce those records, and that was the point. It was our opinion there was never any justification for these demands and we wanted the fair arbiter of a judge to decide if the investigator had a right to see them," Cross said.

"The fact that the investigator never served us a subpoena clearly shows that he came to the same conclusion we did. And that was that a judge would never agree [the records were needed]," Cross said.

In the report, it stated that the investigator amended his phone records requests to just certain dates, and to redact any personal information that was needed in the investigation, Cross said.

"That is a lie. If they had these allegations at the beginning, they should have made them. As it is, the report itself clears the mayor of 11 of the allegations," Cross said.

On the three major allegations the report "concluded" were actionable, none are, with or without phone records, he said. No action was ever taken to purchase the property.

Regarding the allegation that he spoke to the landowner about information contained in council's executive session, the property owner had already testified that the mayor did not. Any alleged phone record would not prove anything.

The allegation that he violated the ethics policy when he cast a vote for a developer on a minor zoning adjustment that was tainted because he once negotiated a lease with the man – a friend of 20 years – does not hold up, he said.

"It was a unanimous decision that carried unanimous approvals by staff and the Planning Commission. They say he failed to recuse himself. It might have been prudent, but was not necessary. To say it is an ethics violation is a reach," Cross said.

Most of the allegations revolve around accusations of Bodker having talked to people with council's permission. The charter as amended by council states the mayor shall only represent "the will of the council."

"They seem to think the mayor is subordinate to the council," he said. "I think that most people in the city believe that he is a member of the City Council. But the mayor still retains his First Amendment rights. The councilmembers think that they have a right to muzzle dissenting opinion. That's just plain nuts."

Executive Editor, Appen Media.
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Tags: Community & Outreach, Government & News & Crime

  1. report print email
    October 30, 2013 | 01:00 PM

    The assertions from Randall Johnson about the FBI, attorney general and DA are in my opinion propaganda. There is not evidence, only innuendo, in large part in the report. I have read it, and the disclaimers in small print throughout it. There is no way in my mind that any legitimate agency would give it any consideration. In fact, since the investigation itself appears to violate city charter, and possibly have other legal issues, the FBI might be more interested in investigating the investigation, and those behind it. You never know.

    Fedup citizen
  2. report print email
    October 30, 2013 | 02:30 PM

    This has looked so political to me. I will be voting for Bodker but against the Council next time around.

    A lot of he says.she says stuff.


    Not Fooled
    Johns Creek
  3. report print email
    October 30, 2013 | 05:34 PM

    The investigation report is a far-fetched stretch of an opinion and is not based on fact or evidence. If you paid me $100k I would have to look like I produced something noteworthy as well. Kachmar got tipped off someone was being investigated and after $100k, they got the wrong guy. The real guy that is being investigated by the FBI is not Bodker, it is another council member. Another waste of taxpayer money by the council and those supplying false information to make Bodker look bad right before an election. Let get on with the circus act and look for the interests of our citizens, not of the petty council (excluding Kelly Stewart).

    Johns Creek
  4. report print email
    Let us be thankful
    October 30, 2013 | 08:46 PM

    Let us be thankful that the city council turned off the investigation at $100,000. There will be an election on Tuesday and voters will be deciding if they prefer Bodker or Miller as mayor.

    An observer
    Johns Creek
  5. report print email
    I have an idea..
    October 30, 2013 | 09:56 PM

    Ask Randall if he'll invite the media to broadcast as he meets with the FBI to ask if they will investigate further based on his report. Remember Geraldo and Al Capones vault? Classic.

    Johns Creek
  6. report print email
    I'll be Voting for Bodker
    October 30, 2013 | 11:47 PM

    Amazing work by a bunch of power hungry council members (excepting Ms. Stewart). What a complete waste of taxpayer money.

    Bev Miller's attempt at capitalizing on the non-story is the peak of corrupt politics. She would fit in perfectly in Washington.

    And Bob Wilson made an easy $100,000. Incredible huh?

    No crime. Nothing. Just a bunch of innuendo.

    Concerned JC CItizen
    Johns Creek
  7. report print email
    Can we sue them?
    October 31, 2013 | 10:15 AM

    Can the citizens file a suit requiring Bev Miller and the city council to pay restitution equaling total cost of investigation, special meetings, and expenses associated with the election season probe into the Mayor? Mind you, Raffensperger, who isn't even running for re-election, has also sent, large mailers (pro miller, johnson, richardon) leveraging the unsustantiated information from the report. They are referring to the OPINION in the report as "conclusions". If I concluded the backers of the report were all liars and raiders of the public trust, would that conclusion be fact or opinion? Without actual evidence proving it, it's opinion.

    Johns Creek
  8. report print email
    Made my decision for me
    October 31, 2013 | 03:46 PM

    Given the questionable ethics of pursuing such an investigation (a witch hunt by any other name), I believe I will vote out all incumbents in Johns Creek save Bodker and Stewart, the rest need to go!

    Johns Creek
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