The Fayette Citizen-Opinion Page
Wednesday, March 15, 2000
PTC libel case: I am afraid for all of us

By AMY RILEY
One Citizen's Perspective

We've got T-R-O-U-B-L-E, right here in Fayette County, with a capital “T” and that rhymes with “G” and that stands for Government. This is how I see it, “one citizen's perspective.”

We've got one, two, three, four, five — five votes in the city, and that means that we, with a capital FREE, should be paying attention.

All parody aside, we have some critical issues at hand. As citizens, we had better give voice to some collective outrage regarding the lawsuit brought against Steve Brown, Fayette Publishing, Inc., and Cal Beverly by Peachtree City's appointed attorneys, Webb, Stuckey, and Lindsey.

The fact that I feel compelled to issue a disclaimer on my comments, to point out that these are my opinions, supports the claim made by Mr. Beverly that this lawsuit threatens to “shut off the voice of dissent and debate in this community.”

The Peachtree City Code of Ethics declares as policy that the citizens have confidence in the integrity of their government. The Code goes on to assert that this confidence is “impaired whenever there exists in fact, or appears to exist, a conflict between the private interests and public responsibilities of city officials and employees,” though it has not yet been determined if the law firm representing Peachtree City is subject to the Code of Ethics as it applies to the mayor, council, officials and employees.

What concerns me far more than the answer to that legal question, or even the question of whether or not there exists a potential conflict of interest on the part of Mr. Webb, is the question of a citizen's right to raise issues in the public realm about his perceptions of the potential for impropriety in a government appointment.

I would love to see a poll on who in this county has confidence in the integrity of their government now. I would also like to see a poll on who in this county thinks it doesn't seem right for an attorney to continue to represent the city in light of the fact that he also sits on a board of directors of a local bank with someone his firm must defend the city against.

In my mind, an ethics code doesn't exist solely to give “cause” to accusations of violations in fact, but also to guard the people against the appearance of a violation.

I've read over and over the letters in question, and I don't see that Mr. Brown accuses Mr. Webb of any specific misdeed. I see a citizen with some genuine rationalizations for questioning this reappointment.

When elected officials abstain from a vote, they are not conceding conflict, but rather acting on a desire to insure against the appearance of one.

I don't think Brown was accusing Webb of a violation. Brown clearly says, “there is a chance that the behavior may be legal, but it is most certainly not ethical.” I construe that to mean “not ethical” in the court of public opinion. The Supreme Court has already declared that a “rule compelling the critic of official conduct to guarantee the truth of all his factual assertions would deter protected speech.” New York Times Co. v. Sullivan.

The factual truth here appears to be that Mr. Brown believed that city interests might be in conflict with Webb's position on the bank board.

I am scared for Steve Brown. I am afraid for all of us.

I make no claims for anyone else in this town, but I know how I feel as a citizen. I am disgusted by what I perceive to be a gross abuse of the public trust. I am fearful that our right to legitimately question and scrutinize those that govern is being trampled.

I am appalled that an individual citizen is being sued for expressing his opinions on politics, and that he must now monetarily pay the price to uphold a freedom that was already bought and paid for over 200 years ago. Are we now a city that strikes fear in its citizenry?

For Peachtree City, this a public relations nightmare of epic proportions. Mr. Rick Lindsey, partner of Mr. Webb, states that [Brown's] “libelous remarks have done a great disservice... to the reputation of our town.” I wonder how many people think the greater disservice is being done by this firm.

This all reminds me of the story, “The Emperor's New Clothes.” It seems to me that most everyone recognizes the far-reaching tentacles of the sphere of influence that is the power structure in this town. We dress it up with beautiful scenery, ornamentation, and flowery language, but no one is willing tell the emperor that what he is really wearing is raw, naked power.

Maybe the overreaction is really raw, naked fear that the dike may have sprung a leak.

Government derives its power from the people. Our local government is lording that power over its people by standing stoically silent, with the exception of Dan Tennant, who seems to have the public interest at heart.

This reeks. If this doesn't stir some folks out of complacency, then we do have T-R-O-U-B-L-E.

(You may contact Amy Riley via her e-mail address: ARiley3003@aol.com)


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