Fisher challenges ethics complaint

Thu, 08/27/2009 - 4:02pm
By: Ben Nelms

Senoia Councilman Jeffrey Fisher on Wednesday went on the record with his response to a ethics complaint filed by Heritage Pointe resident Don Rehman. The ethics hearing will be conducted Sept. 3 by the committee established by the City Council last week.

Rehman in the 33-page complaint reported last week in The Citizen alleged a number of grievances, including the manner of Fisher’s comments to him at the July 20 council meeting when Rehman spoke with council about sight distance problems at Rockaway Road and one of the exits for the Heritage Pointe subdivision.

Yet according to The Citizen’s notes of the meeting, Fisher suggested to Rehman that if he wanted to “expedite” resolution of the problem, it would help him to have a show of public support.

In the ethics complaint Rehman also questions Fisher’s use of his city email address to communicate “two abusive, offensive and devastatingly harmful e-mails” which were written “in the hopes of humiliating and shaming me in the neighborhood in which I live.”

Weighing in on the ethics complaint, Fisher on Wednesday offered a frank statement that addressed his position on the issues.

“I believe all of the accusations that Mr. Rehman has made in his 33-page ethics complaint are grossly inaccurate, and his statements reflect a reckless disregard for the truth,” Fisher said. “Further, his citation of the City of Senoia Ethics Ordinance in support of these claims is artful and disingenuous. Although there are 33 pages of text in the filed ethics complaint, there stands no formal charge made. Simply put, this is nothing more than a dramatized grievance made public. These complaints are without merit and are a mockery of the government process and procedures.”

Fisher also had his say on the emails cited in the Rehman complaint.

“The very purpose for being issued an email account from the city is to converse with city officials and citizens alike,” Fisher said. “When you have a multitude of complaints about someone in an unofficial capacity representing a community you start asking questions. Especially, when that someone harasses and intimidates residents that disagree with him.”

Commenting on the sight distance problems on Rockaway Road, Fisher said the city has already taken many steps to improve the safety of the intersection cited in Mr. Rehman's complaints, and “we continue to work with the residents of Heritage Pointe on traffic safety in that area.”

The Senoia Ethics Committee will hear the complaint Sept. 3 at 7 p.m. at city hall. Committee members include Mendi McDowell, Bill Wood, Paul Ferguson, Debra Mello and Steve Ireland.

In an issue related to the ethics hearing, Rehman on Aug. 24 filed an addendum to the complaint stating that the selection of Debra Mello and Mendi McDowell was inappropriate. Mello is Fisher’s next door neighbor and McDowell lives one street over from Rehman, the addendum said.          

Asked about the addendum, City Administrator Richard Ferry said Thursday that the selection of the committee occurred at a public meeting where the names from drawn at random and that the selection process conforms to the city ordinance governing the matter. Ferry said it is his belief that the ethics hearing will proceed as scheduled.

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Submitted by goldminer7759 on Fri, 08/28/2009 - 5:45pm.

Having read the 33 page complaint and the 11 page addendum I must agree with Mr. Fisher except in stronger terms; it is a load of what comes out the backside of a male bovine! Mr. Rehman has way to much time on his hands. He has a history of striking out at any one who dares to challenge him or disagree with his version of the "facts". Do not take my word for it ask the officers of the Morningside or Ivy Ridge HOA's. Get the facts!

Submitted by re0046 on Sat, 08/29/2009 - 7:26am.

goldminer7759: You have apparently been digging for gold but came up unfortunately only with a "load of what comes out of the backside of a male bovine!" You possibly made a mistake which is interesting. You said you read the Complaint and its Amendment. I wonder if Councilman Fisher let you read his copy or you went to the Senoia City Clerk's office to read those documents there. In any event, your having read the Complaint you would have known that Councilman Fisher alleged that residents of 3 subdivisions: Morningside, Twin Lakes, and Ivy Ridge were supposedly intimidated and harassed by Rehman -- yet in your posting you omit mentioning Twin Lakes -- the subdivision where Councilman Fisher lives and for years was President of that HOA. Perhaps your omission of mentioning Twin Lakes in your posting is because that is where you live and maybe you don't want to say that you and Councilman Fisher have been discussing the case together!

Even if Twin Lakes is not where you live, it looks to me like you may be the type of person that if you were serving on a Civil Case Jury, as soon as the lawyers finshed their opening statements to the jury, you would yell out: "Judge, I have heard enough, I am ready to vote on this case right now, because the Plaintiff needs to stop wasting my time!"

So goldminer7759 if you know all about Rehman's Complaint, and the facts of the case, why don't you share with all of us exactly how and when Rehman supposedy intimidated and harassed Morningside and Ivy Ridge residents?

Submitted by goldminer7759 on Sat, 08/29/2009 - 8:25am.

DELETED for violation of terms of use -- "outing an anonymous poster"

WARNED -- further violations will result in banning from site

Submitted by jevank on Sat, 08/29/2009 - 9:41am.

Nice, goldminer. You have decided you want this guy to shut up and let the politicians do what they want. Regardless of whether you like him or not, he has a right to due process.

How about telling us who you are instead of outing the bloggers here.

Submitted by goldminer7759 on Sat, 08/29/2009 - 10:41am.

DELETED for violating terms of service -- "outing an anonymous poster"

WARNED -- further violations will result in being banned from use of the site

Submitted by 12bTrue on Sat, 08/29/2009 - 7:55am.

I too have read the 44 sheets of toilet paper. Are you checking the register every day, down at City Hall to see who has read the complaint? Who cares where we read the complaint it still says the same crap.

Mr. Rehman, I do believe you have lost your mind. Your rambling is getting old. You need to find a part time job or volunteer somewhere. I hear the Senoia Welcome Center is looking for volunteers.

Submitted by re0046 on Tue, 09/01/2009 - 7:18am.

12btrue: Yesterday, Monday, August 31st, 18 sheets of what you refer to as "toilet paper" were filed at Senoia City Hall as an Additional Addendum. We can hardly wait to see your analysis of that - besides just referring to it as "toilet paper".

Based upon your prior posted comments, it is clear to us that you have an extraordinary talent of being able to read Complaints and to judge that they are worthless, before any hearings take place on them. Thus, if you would consider sharing your talent with all the Civil Case Courts in Georgia, you could read all Plaintiff Complaints and tell the Judges which Complaints to throw out/Dismiss without any hearings -- because you can tell when a Complaint has been written on "toilet Paper". What a facinating ability that needs to be shared throughout all of the State of Georgia. Think of all the time and money to be saved by denying due process to thousands of Georgia Citizens. Fantastic, Great, Stupendous! Or, maybe not such a good idea after all!

Submitted by re0046 on Sat, 08/29/2009 - 9:45am.

12bTrue & goldminer7759: I want to thank you both for being so impartial in this matter and for expressing your thoughts with such clarity, forcefulness, and such "open-mindedness". You both don't waste any time or words. There is a saying that "It is not over until the pleasingly robust lady sings", but according to your posts here -- you are already declaring that she must have already sung [even before the September 3, 2009 Ethics Board hearing commences]! Actually it seems to me that you must be finding immense fault with your Senoia City Government, because collectively they are trying to fulfill the City's obligations under the Senoia Ethics Ordnance and are trying to give all citizens a fair opportunity to have Ethics Complaints reviewed and decided upon. Calling a citizen's Complaint and Addendum the equivalent of "toilet paper" is not an effective way to resolve issues that have been raised in a manner prescribed by the Senoia Ethics Ordinance. Allow the process to go fairly to completion before you use verbage like toilet paper and the like.

Submitted by 12bTrue on Sun, 08/30/2009 - 11:45am.

Impartial? Please provide me with your definition of impartial when I have taken the time to read and analyzed the complaint. Could it be that impartial to you simply refers to not taking your side on the issue? Jury members are suppossed to be non biased and impartial but at sometime they must determine what is right and wrong, then render a verdict (becoming partial). After analyzing everything in the complaint I made my "verdict". I am sorry that you seem to have taken my disagreement with you personally. It was not my intent to do so.

Submitted by re0046 on Wed, 09/02/2009 - 7:12am.

The definition of impartial that you asked me for is:

not partial biased : treating or affecting all equally

Free from bias in judgment:
disinterested, dispassionate, equitable, fair, fair-minded, indifferent, just, nonpartisan, objective, square, unbiased, unprejudiced. Idioms: fair and square. Not inclining toward or actively taking either side in a matter under dispute: neuter, neutral, nonaligned, nonpartisan, unbiased, uncommitted, uninvolved, unprejudiced. Idioms: on the fence. See fair/unfair.

Sir or Madam: I believe that you are mistaken that jurors go from impartial to partial. After hearing all the evidence in the case, unlike you have done here, jurors reach determinations or decide and render their opinion on the evidence/testimony they have heard and seen during trial. It does not mean that they are then for or against a Plaintiff or Defendant -- or Prosecutor or Defendant. Just because you live in the same subdivision as the Accused,and personally know him, you made a decision in the matter solely upon the Complaint Documents. Just imagine, if Jurors in a criminal complaint made up their mind about innocence or guilt solely based upon the Prosecutor's filed Complaint, no citizen would get a fair trial or conversely the guilty would go free! You published your pronouncement of "innocence" in this forum, before you heard the case at the Ethics Board Hearing and therefore your judgment in this matter is fully "tainted" with bias and disregard for what may be the truth. I hope this answers your question of what "impartial" is all about.

Submitted by 12bTrue on Wed, 09/02/2009 - 4:34pm.

Not certain if I have the correct person but, do you have any recollection of the following:

House Bill 557 Florida Vexatious Litigant Law and Senate Bill 154 Florida Vexatious Litigant Law

American Homeowner's Resource Center (AHRC)

ECC INTERNATIONAL CORP.

Longwood area

Submitted by re0046 on Wed, 09/02/2009 - 8:56pm.

Sure, go ahead and change the subject 12bTrue -- Looks like you have now started down some sort of "witch" hunting mud slinging path. Maybe you can find out for us who was the kindergarden teacher of the guy who filed an ethics complaint against your Subdivision's Councilman, and if she is still alive - fly her into the area tomorrow and have her testify at the Ethics Hearing whether the Complainant was a good or not so good kindergarden student. Additionally, do all you can to "slay the Ethics Complaint messenger" and attempt to divert people's attention away from the issue before the City of Senoia -- that will surely help your neighbor! Wow -- due process is surely at work in the 12bTrue "Courtroom".

Submitted by 12bTrue on Thu, 09/03/2009 - 8:25am.

I'll assume the answer is "yes". I will also assume that you're familiar with Bill H-135. Who paid all of the attorneys fees and why?

If I read correctly, under this Bill it states, "In any action brought under this statue, the relief must include payment of reasonable costs, including attorney's fees to a substantially prevailing employee, or to the prevailing employer if the employee filed a frivolous action in bad faith."

IMHO, there appears to be a connection between past and present actions. I hope that the more respectable parties are still reading this blog.

Submitted by goldminer7759 on Sat, 08/29/2009 - 11:03am.

I do have a problem with the city elected officials! We should be able to trust thier judgement not to waste tax dollars. Now what we have is money being wasted on an issue that has no merrit. The only justification for this is Mr. Fisher should be allowed to defend himself. You have corrupted the ethics issue into "he hurt my feelings".
Please, I challenge everyone to read the 44 pages. If you do then please enlighten me if you find any basis for this. If you do not read it how can you speak to it? People wake up this is not a joke.

Submitted by re0046 on Tue, 09/01/2009 - 7:46am.

If you had read the Senoia Ethics Ordinance, you would have seen that the only grounds for "tossing out" an Ethics Complaint that has been sworn to before a Notary Public, or other official authorized by law to administer oaths, then filed with the Senoia City Clerk, is a Complaint that was filed for political advantage, or which does not in some way comply with the Senoia Ethics Ordinance. So what you are urging, is that the Senoia City Government throw out the Complaint and thereby violate a law which was enacted to ensure that the Citizens of Senoia will all have "due process" rights for their Ethics Complaints. So, you apparently don't want to live in a City where Citizens have any "due process" rights, you don't want to live in a City where the Government meets high ethical standards, and you want "goldminer7759" philosophy to prevail.

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