‘Adam M, Sparks Direct No. (404) 835-6067 sparks @khlanfirm com KREVOLIN | HORST tic www.khlawfirm.com April 13, 2018 VIA ELECTRONIC MAIL AND HAND DELIVERY Mr. Mark Massey Clerk, City of South Fulton 5440 Fulton Industrial Blvd, 8.W. South Fulton, GA 34303 $0336. T: 470.809.7712 Mark Massey @cityofsouthfultonga.gov Re: Verified Ethics Complaint against Councilwoman Jackson Dear Mr. Massey: Pursuant to City of South Fulton Code of Ordinances, Title 1, Chapter 5 (the “Ethies Code"), Section 1-5007, Georgia Childcare Services, LLC (“GCS”) a bona fide resident of the City of South Fulton (the “City”), by and through undersigned counsel, hereby files the enclosed ‘Verified Ethics Complaint against The Honorable Rosie Jackson, City Councilwoman representing District 5 (“COUNCIL WOMAN JACKSON”). GCS files this Complaint with your office in your capacity as City Clerk. A hard copy will follow via overnight statutory delivery service. In brief, GCS complains of COUNCILWOMAN JACKSON’s conduct at an April 3, 2018 City Zoning Commission meeting. There, she attempted to influence Zoning ‘Commissioners and to speak on pending matters before the Board, specifically Zoning Application No. 218-002, which seeks re-zoning of two properties at the intersection of Flat Shoals Road and Buffington Road (the “Application”). Her public conduct, clearly signifying her disapproval of the Application during the Zoning Commission mecting, violated the City Ethics Code, specifically, Section 1-5004(b) (“no City official may independently direct the activities of staff or other appointed City Officials to coerce actions in violation of policy directives of the City governing authority”). Whether COUNCILWOMAN JACKSON’s conduct is motivated by financial, business, political, or other interests, and to what extent those motivations conflict with the Ethies Code, is unknown, See Ethics Code, §§ 1-5004(b), (d), (9. ‘Though your website asserts that the City currently has a Board of Ethics," I understand that this Board is not yet fully constituted or operational. Accordingly, I also serve a copy of this ‘complaint on the Elections Division of the Georgia Secretary of State and on the Georgia Government Transparency and Campaign Finance Commission. www citvofsouthfultonga.gov/2230/BoardsCommissions (ast visited April 11, 2018). ki452667.00¢x3 ‘Owe Amaze Covren | 1201 Wis Peacarase Snare, NW | Sure 3250 | Arta, Guoncin 30309 | Puose 404.888.9700 | Fux 404 888.9577Mr. Mark Massey April 13, 2018 Page 2 of 2 Please serve a copy of this letter, the enclosed Complaint, and supporting affidavits and documents on COUNCILWOMAN JACKSON, Mayor Edwards, members of the City Council, and any other parties you deem necessary and proper within seven (7) calendar days of the date of this letter. nave sent courtesy copies by overnight statutory delivery service to the City Manager and City Attorney. This letter shall also serve as a demand that COUNCILWOMAN JACKSON immediately recuse herself from any pending or future business before the City Council relating to or concerning the Application until such time as the Board of Ethies or its lawful designee has fully investigated and has issued a final ruling or order concerning the Complaint. See O.C.G.A. §§ 36-30-6, 36-67A-2; Ethies Code, §§ 1-3003(h), 1-3005(a). On behalf of GCS, please send me notice in writing of whether COUNCILWOMAN JACKSON will so recuse herself within seven (7) calendar days of the date of this letter. Please contact me by email or telephone should you have any questions. Sincerely, ea ‘Adam M. Sparks Attorney for Georgia Childcare Services, LLC Enclosures CC: Elections Division, Office of the Georgia Secretary of State (via Fedex) Georgia Government Transparency and Campaign Finance Commission (via Fedex) Mr. Odie Donald, City Manager, (via Fedex) Ms, Emilia Walker, Esq,, City Attorney (via Fedex) ky482867.00¢K 3 2IN THE CITY OF SOUTH FULTON STATE OF GEORGIA GEORGIA CHILDCARE SERVICES, LLC, CASE NO. Complainant, v ROSIE JACKSON, Respondent, VERIFIED ETHICS COMPLAINT COMES NOW Complainant Georgia Childcare Services, LLC (“GCS” or “COMPLAINANT"), by and through undersigned counsel, and files this Verified Ethies ‘Complaint against Respondent Rosie Jackson, Councilwoman for District 5 of the City of South Pulton (“JACKSON”), and in support thereof, states as follows: 1, This is a Complaint concerning the unethical conduet of Councilwoman JACKSON, who for reasons presently unknown to COMPLAINANT has sought to influence an application to rezone two properties for different commercial use. JACKSON’s actions, however intentioned, clearly violate Title I, Chapter 5 of the City of South Fulton Code of Ordinances (the “Bthics Code”). COMPLAINANT requests investigation of these allegations; sanctions, if appropriate; and an immediate recusal of Councilwoman JACKSON from pending and future business concerning the subjects of this Complaint during its pendency before the City of South Fulton Board of Ethies or its lawful designee. PARTIES AND RELATED PERSONS 2. COMPLAINANT Georgia Childcare Services, LLC is a domestic limited liability company and a property owner whose property is one of the subjects of Zoning Application No. kha82867,000x3 1218-002 concerning the re-zoning of property at the intersection of Flat Shoals Road and Buffington Road (the “Application”). See Ex. 1 to Affidavit of Jit Vaitha (Exhibit A), 3. GCS is a bona fide resident of the City of South Fulton (“City”), as evidenced by its corporate registration with the Georgia Secretary of State at 3740 Flat Shoals Road, an address located within the corporate limits of the City since its founding; its payment of property taxes on property located at this address; and its payment of a business license fee to the City each year. See O.C.G.A. §§ 50-5-121(2) (defining “Georgia resident business” as “any business that regularly maintains a place from which business is physically conducted in Georgia for at least one year prior to any bid or proposal to the state or a new business that is domiciled in Georgia and which regularly maintains a place from which business is physically conducted in Georgia”), 13-10-3(a) (same). 4. JACKSON represents District 5 on the City Council, with responsibility for representing her constituents in matters concerning, inter alia, the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City. City Charter, Art. III, § 3.100). 5. Non-party Nadine Nance (“NANCE”) is a property owner whose property also is a subject of the Application, FACTS 6. GCS supports Zoning Application No. 18-002 concerning the re-zoning of property at the intersection of Flat Shoals Road and Buffington Road (the “Application”) 7. GCS owns property at 3725 Flat Shoals Road, one of the properties that is the subject of the Application 8. Staff for the City Zoning Commission (“Commission”) approved the Application. i1482867.000x3 29. On April 3, 2018, JACKSON, NANCE, and Jit Vaitha, managing member of GCS (“VAITHA”) attended a regularly scheduled meeting of the Commission, at which the Application was scheduled for public comment, discussion, and a Commission vote. Vaitha Aff, 118-12, 10. On information and belief, this Commission meeting was recorded on videotape or on digital recording devices owned or controlled by the City. 11, COMPLAINANT does not have possession, custody, or control of this recording or recordings. Accordingly, COMPLAINANT is filing contemporaneously with this Complaint aan open records request with the City seeking copies of this recording or recordings for copying and inspection. 12. On several occasions, JACKSON approached at least one citizen-speaker opposed to the Application and the City Attomey and appeared to speak about her opposition to the Application in front of zoning staff and the Zoning Commissioners. fd, 19. 13, During the period of the Commission meeting allotted for speech opposing the Application, JACKSON signaled that she wished to speak. Her request was refused. Jd, 410. 14, JACKSON knew or should have known that she was not permitted to comment, on business pending before the Commission during a Commission meeting, 15, JACKSON openly and notoriously approached NANCE during the Commission meeting and stated that NANCE should back out of the land deal connected to the Application, because JACKSON knew of other buyers willing to buy NANCE’s property, Je, 11 16. JACKSON also gave NANCE her telephone number and ordered her to call JACKSON to discuss her proposal further, as JACKSON would not vote in favor of the Application ky482867.00¢x 3 317. JACKSON attempted to influence business pending before the Commission by approaching City officials during the April 3 Commission meeting, by verbalizing her opposition to the Application before Commissioners charged with voting on the Application, and by otherwise openly and notoriously signaling her disapproval of the Application during the meeting 18. The Commission approved the Application. /d., 12. 19. The Application is scheduled for a final vote before the City Council on April 24, 2018. 20. Asa City resident and citizen, COMPLAINANT has an actual and immediate fear that JACKSON will undertake further unethical conduct in opposition to the Application, including without limitation making false statements about the nature of the Application, about the existence and nature of competing offers, and about her intentions after voting upon the Application, or voting on the Application without full and lawful disclosure of any property and financial interests connected to the Application, the subject properties of the Application, and parties opposing the Application. 21. NANCE submitted an ethics complaint against JACKSON for conduct substantially similar to that alleged in this Complaint. See Ethics Complaint of Nadine Nance (April 11, 2018) (Exhibit B), t3482867.000x3 4APPLICABLE LAW 22. Title I, Chapter 5 of the City of South Fulton Code of Ordinances constitutes the City Ethies Code, which applies to all City Officials as defined therein. Ethics Code, § 1-5002@) 23, A member of the City Council is a City Official for purposes of the Ethics Code, Ad., § 1-5003(a). 24, “[NJo City official may independently direct the activities of staff or other appointed City Officials to coerce actions in violation of policy directives of the City governing authority.” Jd., § 1-5004(b). 25. The Ethics Code forbids a City Official from using her position “to secure confidential information for any purpose other than official duties on behalf of the City.” J, § 1-5004(6) 26. The Ethies Code forbids a City Official from failing “to disclose for the record such interest prior to any discussion or vote or fail to recuse himself/herself from such discussion or vote” on a matter before the City Council where that Official has a substantial interest in the matter. Jd., § 1-5004(4); Charter, City of South Fulton, § 3.15(a). 27. A City Official shall not “directly or indirectly receive, or agree to receive, any compensation, gift, reward, or gratuity in any matter or proceeding connected with, or related to, the duties of his office” unless otherwise provided by applicable law. Ethics Code, § 1-5004(f). 28. A City Official shall not “participate in a vote or decision on a matter affecting ... a person, entity, or property in which the official has a substantial interest.” Id. § 1-5005(a). 29. The Board of Ethics has the power and duty to collect evidence and information. concerning this Complaint, to conduct an investigation, to collect evidence, to hold hearings on ki452887,000x3 5the allegations raised herein, and to refer its finding to the City Couneil for further action. Ja, § 1-5007(¢). PRAYER FOR RELIEF 30. Ata minimum, Councilwoman JACKSON influenced, encouraged, or otherwise attempted to direct the activities of Commissioners for the purpose of coereing official actions concerning the Application, 31. Such coercive purpose and conduet by a City Official is a prima facie violation of Section 1-5004(b) of the Ethics Code. 32. COMPLAINANT requests that the Board of Ethies or its lawful designee investigate and rule upon COMPLAINANT’s allegations at the eatliest opportunity permitted by law. 33. COMPLAINANT requests a hearing within sixty (60) calendar days of the filing of this Complaint. 34. On information and belief, Councilwoman JACKSON’s conduct violates Ethics Code Sections 1-5004(c), (d), or (), and compels her recusal from or public disclosure prior to any discussion or vote relating to the Application, 38, COMPLAINANT therefore requests that Councilwoman JACKSON immediately recuse herself from any pending or future business before the City Council relating to or concerning the Application until such time as the Board of Ethics or its lawful designec has fully investigated and has issued a final ruling or order concerning the Complaint. See 0.C.G.A. §§ 36-30-6, 36-67-2; Ethics Code, § 1-5003(h), 1-5005(a). 36. Should Councilwoman JACKSON refuse to recuse herself, COMPLAINANT requests that the Board of Ethics or its lawful designee enjoin her from participating in or 1482857.000% 3 6commenting on pending or future business before the City Council relating to or concerning the Application until the matters raised in this Complaint are finally resolved, WHEREFORE, Complainant Georgia Childcare Services, LLC respectfully requests that this Board investigate the foregoing allegations and grant it the relief requested herein without delay, Respectfully submitted, this 13th day of April 2018, (s/ Adam M. Sparks ‘Adam M. Sparks Georgia Bar No. 341578 sparks@kblavefirm,com Attorney for Complainant Georgia Childcare Services, LLC KREVOLIN & HORST, LLC 1201 W. Peachtree St, NW Suite 3250, One Atlantic Center Atlanta, GA. 30309 (404) 888-9700 (404) 888-9577 Facsimile H982867.000K 3 7IN THE CITY OF SOUTH FULTON STATE OF GEORGIA GEORGIA CHILDCARE SERVICES, ae CASE NO. ‘Complainant, ¥ ROSIE JACKSON, Respondent. VERIFICATION OF COMPLAINANT Personally appeared before me, the undersigned officer, duly authorized by law to administer oaths, came GEORGIA CHILDCARE SERVICES, LLC, Complainant, and who on oath, does depose and say that it has reviewed the foregoing Verified Ethics Complaint with regard to the facts contained therein, and that the facts set forth therein are true where derived from its own knowledge or from documents that are maintained in the course of government or business and are believed to be true where derived from the knowledge of others ot from documents that are maintained in the course of goverment or business. ‘Complainant further declares under oath its residency in the City of South Fulton, having the following business address and telephone number: 3740 Flat Shoals Road Union City, GA 30291 T: 706.633.0633 ‘This __ day of April 2018. Sworn to, apes subscribed before me ‘This £9 lay of April 2018, a Mee Notary Public. My Commission Expires: a 49286700012Exhibit A IN THE BOARD OF ETHICS OF THE CITY OF SOUTH FULTON STATE OF GEORGIA GEORGIA CHILDCARE SERVICES, LLC, CASE NO. __ Complainant, ROSIE JACKSON, Respondent, ABEIDAVIT OF JIT VAITHA Personally appeared before me, the undersigned subscribing officer duly authorized to administer oaths, Sit Vaitha, who, having first been duly sworn, deposed and stated the following: 1 My name is Jit Vaitha, I am over 18 years of'age, suffer from no civil disabilities, and am competent to testify to the matters set forth herein. 2 ‘This affidavit is given based on my personal knowledge of the facts set forth herein and is given in connection with the Verified Ethics Complaint filed by Georgia Childcare Services, LLC (“GCS”) against Councilwoman Rosie Jackson (“JACKSON”) in the above-captioned matter. 3, 1am the managing member of GCS, an afliliate of Leapfrog Early Leaming Academy (“Leapfrog”), which operates an early childliood education facility at the intersection of Flat Shoals Road and Buffington Road ta82867,0003 1Exhibit A 4, GCS has its corporate registration with the Georgia Secretary of State at 3740 Flat Shoals Road, an address located within the corporate limits of the City since its founding. GCS has paid Property taxes on property located at this address and a business license fee to the City since its founding. At all times relevant to the Complaint, GCS owned one of the subject properties of the application for re-zoning of property at the intersection of Flat Shoals Road and Buffington Road (the “Application”). A true and correct copy of the Application, redacted for personal information, is attached hereto as Exhibit 1. 6 Along with Nadine Nance, the owner of the other property subject of the Application, 1 caused GCS to enter a contract to sell this GCS property to a willing buyer, subject to that buyer's approval of the Application (the “Contract”. 1. GCS has lost money every month on the subject property since GCS purchased it. It is my opinion that both Leapfrog and GCS will suffer continuing and significant financial harm uniess the Application is approved and the Contract is fully executed 8 On April 3, 2018, I attended a regularly scheduled meeting of the City of South Fulton Zoning Commission (“Commission”), at which the Application was scheduled for public comment, discussion, and a Commission vote, wki82867.000%3 2