The Tri-County Journal
& Chattahoochee Chronicle
PO Box 850,
71 Webb Lane
Buena Vista, GA 31803
229-649-6397
tjournal@windstream.net
effort to recall Commissioner
By RICHARD HARRIS
(From the March 14, 2007 issue)
Superior Court Judge Ben Miller has not only granted Marion County Commissioner Frank Powell’s request to dismiss the recall effort against him, but wrote that the Coalition for the Betterment of Marion County’s application for a recall petition was “very close to an abuse of judicial process.”
Judge Miller issued his ruling on March 7 after listening to testimony in the Marion County Courtroom during a
The judge concluded that the application for a recall petition and the testimony given in the hearing failed to show probable cause that Powell committed malfeasance in office, or violated his oath of office, or failed to perform his duties as prescribed by law. So he dismissed the application and ruled that the Marion County election supervisor is enjoined from proceeding further on the petition and from holding a recall election.
“Finally,” wrote Judge Miller near the end of his ruling, “the Court notes that the filing of this petition against Commissioner Powell without one single piece of evidence of any wrongdoing on his part is very close to an abuse of judicial process.”
He also ordered the coalition to pay for the costs of the legal action. Commissioner Powell actually represented himself in court, so neither he nor the County Commission paid for an attorney for the hearing, but the judge is making the coalition pay the fees for the court reporter.
Commissioner Powell said he is glad to put the recall effort behind him and he is appreciative of the support he received from many members of the public.
“I feel the judicial process worked the way it is designed to work,” he said. “We followed the steps of the law and as far as I’m concerned it’s over with.”
Judge Miller’s ruling responded directly to six allegations made by the coalition. His remarks are summarized below.
1. Access and response to constituents: The judge noted that four of the eight witnesses testified that they were entirely satisfied with the response and help provided by Commissioner Powell when they called on him as one of their local elected officials, and that only one witness who actually contacted Powell stated dissatisfaction.
2. Misconduct in the solid waste matter: The judge simply noted that the County Commission was within its legal rights when it voted to start a new method of garbage collection and that Powell’s involvement in the process was not improper.
3. Movement of the front-end loader (witnesses had stated their opinion that allowing this piece of equipment to be driven on the highway was mismanagement): The judge said such equipment may be lawfully driven on highways and that there was also no evidence that Powell supervised how the front-end loader was moved.
4. Equipment stolen from EMS: Powell was not accused of stealing the equipment and the judge said the relevancy of this issue was questionable, but since witnesses discussed it he wrote in his ruling that there is no evidence Powell stole the equipment or conspired with others to do so. The judge also wrote, “The EMS is not a part of the government of Marion County and there is no evidence the County Commission exercises any control over the EMS.”
5. Stamps vs. postage meter (it was alleged that the use of stamps over a postage meter was mismanagement): The judge wrote that stamps are a legal way to utilize the U.S. Postal Service and that “discretionary performance of a lawful act or a prescribed duty shall not constitute a ground for recall of an elected public official.”
6. Participation in a meeting in violation of the Open Meetings Act: There were three separate allegations reviewed by the judge in his ruling and he dismissed all of them as being without merit.
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Below are headlines of articles that only appeared
in this week's print edition of the newspaper.
• MCHS wins Academic Decathlon State Championship (click for photo)
• Ellaville, Schley voters to decide on mayor, tax
• Chattahoochee High baseball team wins 2-of-4 games
• Buena Vista has to postpone project to wait on audits
• Schley County High No. 2 ranked baseball team off to great start
• ‘Celebrate Life’ Dinner to honor cancer survivors
• Eagle baseball team just misses elusive 1st win of the season
• New SCHS coach strives to help students earn diplomas
• Help fight cancer & maybe win a quilt, too
• Jernigan honored for contributions at Sumter EMC Board Chairman
• Schley County Republican Party to have big day on March 24
• Pancake Breakfast set for March 24 in Tazewell
• Schley County Public Library awarded grant by Sumter EMC
• Bows on sale to promote Marion Relay for Life
• McMillion completes basic training in Air Force
• SCHS’ Devereaux signs baseball scholarship with Darton College
• Russell shoots hole-in-one
• Chicken Dinners on sale for March 24 ACS fundraiser
• Doyle VFD plans Yard Sale
• Youth Apprenticeship Program valuable to Marion students & businesses
• FFA Club wants to help tornado victims
• MMS falls to Schley in recent baseball action
• Schley Concerned Citizens selling BBQ
• Bray makes Honor List at ABAC
• Fiddler’s BBQ plans fundraiser for CCHS baseball team
• Marion 4-H Club hosts ‘MilkMake’ Contest
• SCHS Principal’s Report
• SGTC releases President’s List
• Beware Busy Carpenter Bees
• Pre-K & Kindergarten registration in Marion County
• Stewart Commission taps 7 citizens to lead committees
• Archery practice cancelled for Marion County 4-H
• Behavioral Health Care Board to meet March 15
Plus:
SCHS & CCHS BASEBALL TEAM HIGHLIGHTS
OBITUARIES
Georgia Kay Waters, Charles L. McMath,
Clinton Smith, Bruce Logue Sr., Wanda Luvine O’Quinn
OPINION COLUMNS
• An Inconvenient fraud
• Material & Spiritual of Family Life
• Coping with age & time as years go by
* PLUS church news, advertisements, and a sale flyer
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