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Ga. Supt. Kathy Cox named in E-SPLOST ethics complaintTue, 09/30/2008 - 3:49pm
By: Ben Nelms
Peachtree City resident David Cree filed a complaint Monday with the Georgia State Ethics Commission, charging that state School Superintendent Kathy Cox violated state ethics statutes during an Aug. 18 visit to Minter Elementary School in Fayette County by openly lobbying for the upcoming 1 cent sales tax (ESPLOST) vote and explaining to those present in the cafeteria how a political action committee could be formed on behalf of the initiative. Cree maintains the ethics violation occurred while Cox was on a publicized official visit to Minter Elementary and two other county schools. A press release for the Minter visit said Cox would be visiting teachers and students, playing math games with third-graders and reading to second-graders after lunch. Cox lives in Fayette County and taught for years at McIntosh High School. Prior to filing the ethics complaint, communications with Cree have come by way of Georgia Department of Education Communications and Marketing Director Matt Cordoza rather than from Cox as Cree had requested. “While at lunch (at Minter Elementary) with school staff and members of the school’s PTO, Mrs. Cox did indeed tell those present that the upcoming ESPLOST (Educational Special Purpose Local Option Sales Tax) on the November ballot must be passed and then proceeded to tell them this is what you need to do to get it done,” Cree said, also referencing a previous conversation with Cordoza. Cree’s Sept. 15 email followed an Aug. 25 request to speak to Cox about the issue. “Your statement to me when we spoke Aug. 25, is that Mrs. Cox did indeed talk about the ESPLOST to those present at Sarah Harp Minter, but that she did it as a private citizen and resident of Fayette County.” Cree in his Aug. 26 letter said that statements by Cox supporting the ballot initiative amounted to a conflict of interest. “Your (Cardoza) reply to me was that, yes, she did speak to them about the SPLOST, but that she did it as a private citizen of Fayette County. I voiced a vehement objection that this was an ethics violation as she cannot do what she did as state superintendent of schools while on official state business visiting that school,” Cree said. “What she did was a conflict of interest, totally inappropriate and again, most unethical. Her job as state superintendent of schools is to remain neutral in such matters and especially so while on state official business.” Cree has yet to hear from Cox, but did receive a Sept. 18 email from Cordoza. In his letter, Cordoza reiterated the position held by Cox, that she believes she is within her right to offer an opinion on the SPLOST initiative, adding that DOE attorneys upheld her position. “Yes, Superintendent Cox is still holding to her position of supporting SPLOST in school systems. As I mentioned on the phone, she is a Fayette resident and believes SPLOST is a good way for school boards to raise money since out of county visitors end up paying a large portion of a SPLOST, rather than 100 percent of the burden on the property owners,” Cordoza said. “She has given her support to other school system SPLOST efforts around the state, too. She believes that as an elected official she is permitted to give her opinion about a public concern and there was nothing our lawyers were able to find that prevents her from expressing her opinion.” Cree believes the actions by Cox likely violate Georgia Ethics in Government codes. Cree said in a Sept. 28 letter to Georgia Ethics Commission that using her governmental authority to advocate in favor of a school SPLOST in a school setting such as the one at Minter Elementary is an inappropriate and unethical use of government influence and funds in promoting the passage of such a ballot initiative. “There is no doubt (Cox) was making those statements in her official governmental capacity. Her lobbying on the SPLOST went as far as to include a specific strategy for gaining voter approval by suggesting the PTO members in attendance create a political action committee,” Cree said. “There is no doubt she was making those statements in her official capacity. (Cox) utilized state travel and was accompanied by a member of her department staff. In addition, the appearance at our school was part of an official publicized tour of schools in several counties that particular day. Our own Fayette County Board of Education members cannot lobby for the passage of the SPLOST in their official capacities, so I have to wonder how Superintendent Cox feels as though she is exempt from those same laws within Georgia’s Ethics in Government Act.” Cree requested that Cox be allowed to issue an apology for her lobbying efforts in the local newspapers in lieu of paying a fine if the ethics commission finds in his favor. There has been no response from the state Ethics Commission since the complaint was just filed Monday afternoon. login to post comments
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