This letter addresses a totally deceptive political ad which appeared in the June 7, 2006, edition of this newspaper. The ad was from the Eric Maxwell campaign.

Normally I would be more diplomatic, but since this ad refers to lawsuits and Mr. Maxwell is an attorney and a judge in Peachtree City, I must conclude that the deception was intentional.

He refers to five legal cases the county has litigated or is still litigating. He implies that I initiated and lost all five cases. He further states I spent over $500,000 in fiscal year 2006 and lost all those cases in that same year.

I am listing the five cases as cited by Mr. Maxwell in this ad and will provide the facts:

1. Chairman Greg Dunn vs. Sheriff Johnson (drug money). This case was filed in 2004. Sheriff Johnson sued the Board of Commissioners. The case involved several issues, including drug money, but that issue gets most of the press. Drug money accountability is only a small part of the case. The county won a preliminary injunction against the sheriff. When the county sought a temporary injunction it was only partially granted. The case has not been to trial yet. To say that I (or the county) lost the case before it has even gone to trial is intentionally deceitful.

2. Chairman Greg Dunn vs. Sheriff Johnson (Marshal’s Office). This case was filed by the Board of Commissioners against Sheriff Johnson in 2003 for violating state law. He refused to incarcerate an offender apprehended by the Marshal’s Office. The sheriff had always done so previously. This time he refused without warning or adequate explanation. The county won this case in Superior Court. The sheriff appealed it to the Supreme Court of Georgia. The Supreme Court sent the case back to Superior Court because they felt the judge should have considered two statements he did not admit. That case must now go to trial. Again, the case has not been tried and Mr. Maxwell claims that I lost it. Again, intentional deception.

3. Chairman Greg Dunn vs. Fayetteville (annexation). This was a 2003 case. The case was filed by the Board of Commissioners against the mayor and City Council to prevent the annexation of a large portion of the Pavilion Shopping Center because it would create an “island” surrounded by the city of Fayetteville. To avoid making an “island” the city created a 10-foot wide strip connecting sections of the unincorporated county. This violates another section of the law. The judge agreed that it was a violation but allowed it anyway to allow the annexation. The county did lose this case but the rationale of the judge was, in a word, fascinating.

4. Chairman Greg Dunn vs. Tyrone (sewer with Fairburn). This was a 2001 case. The county sued both Tyrone and Fairburn to prevent Fairburn from bringing Fulton County’s sewer system to Tyrone across the county line. Fairburn was trying to build a 300-acre septic system on our northern border at the headwaters of Line Creek, one of our main water sources. The county objected in behalf of all county citizens, including those in Tyrone. Countless citizens of Tyrone are in an uproar over the exorbitant sewer rates and the increased density spurred by the sewer which now will have to be permanently provided by the Fulton County Sewer Department because Fairburn is not able to build the facility. Hundreds of Tyrone citizens now feel the county was right to oppose it. The county did lose this case.

5. Chairman Greg Dunn vs. Eric Maxwell (political signs). The proper name of this case is Eric K. Maxwell vs. Fayette County, Ga. Eric Maxwell sued the county. The county sign ordinance allowed only one sign on residential properties. He deliberately violated the ordinance. I say deliberately because he received a 10-day warning ticket from our Marshal’s Office. He refused to comply within the 10-day period and was then cited. In court his attorney argued he needed an injunction to allow at least eight signs on his property in order to support multiple candidates in the Peachtree City election. Mr. Maxwell can’t vote in Peachtree City. However, he won the injunction and then put up only one sign for one candidate in the Fayetteville election. He could have done that under the existing ordinance.

Even worse, Mr. Maxwell knew prior to suing that the county had been in the process of changing our ordinance for almost a year. He had nothing to gain but a political issue. He wasted taxpayers’ money to achieve it and now vows, if elected, to eliminate the Marshal’s Office which cited him. This case has not yet come up in court, so again nobody has won or lost. The county offered some time ago to settle the case as we now have a new ordinance and we do not wish to waste taxpayers’ money defending an ordinance which no longer exists. Mr. Maxwell has not yet accepted the county’s offer.

Fayette County lost two of the cases and three, including the one filed by Mr. Maxwell, are still pending, having not yet gone to trial.

Neither Greg Dunn nor the county spent $500,000 in FY 2006 on legal fees. We are still in FY 2006. He is probably referring to the $502,000 spent in FY 2005 but that includes every bit of legal expenses for the county in all our departments, not just a few court cases.

The vast majority of the fees are spent defending the land use plan, handling Workers’ Comp cases, formulating contracts, defending lawsuits against the sheriff’s office from the public, etc.

I believe this intentional deception is simply politically based, is unfair to the entire Board of Commissioners but most importantly it deliberately misinforms our citizens. Unlike Mr. Maxwell, Greg Dunn cannot and has not sued anyone. The entire five-member board must do so. I represent only one vote. In those cases where the county initiated a lawsuit, I believe we were right to do so. I believe most of our citizens would have done the same if they knew the facts in question.

Please check these cases for yourself. They are all public record and available to anyone who inquires. You can also visit www.ElectGregDunn.org or call me at 770-631-9630 for more information on the ad and other issues.

Greg Dunn, chairman
Fayette County Board of Commissioners
Fayetteville, Ga.