Previous articles
* City of Cumming called before federal grand jury.
* Cumming seeks state AG’s review of impeachment case.
* Cumming’s response sends state AG to sidelines.
* Panel questions officials in impeachment case.
* Insurance flap draws attention of FBI.
Timeline
The following is a timeline of the city of Cumming’s impeachment and insurance controversy:
Dec 19 — The Forsyth County News reports that Cumming Councilman Rupert Sexton could be facing impeachment after a list of city employees’ insurance information appeared on social media. The list purportedly shows that City Attorney Dana Miles and Mayor H. Ford Gravitt’s girlfriend, Angie Mullinax, are receiving insurance.
Dec. 22 — At a special called meeting, the city council votes 4-1, with Sexton opposed, to move forward with the impeachment process. It appoints an investigatory panel consisting of City Attorney Dana Miles, Steve Page and former Forsyth County Commissioner Patrick Bell.
Dec. 24 — Georgia Assistant Attorney General Kelly Campanella sends a letter to Miles asking him to respond to allegations from Sexton that an illegal city meeting had occurred Dec. 16.
Jan. 8 — City Administrator Gerald Blackburn confirms that he and Phil Higgins, the city’s personnel director, and had been interviewed by an agent with the Federal Bureau of Investigation regarding the insurance situation of Miles and Mullinax.
Jan. 13 — At a meeting of the investigatory panel, Gravitt, Higgins and Councilmen Ralph Perry and Lewis Ledbetter are questioned. Higgins said he provided the insurance list to Sexton. The mayor and councilmen said they received a copy, but hadn’t distributed it.
Jan. 18 — In a letter to Sexton, Campanella said the attorney general’s office would no longer be looking into the possible meeting violation, due to a “a scenario of dueling factual accounts” between Sexton and Miles, who reported that an illegal meeting never happened.
Jan. 20 — With protests going on outside City Hall, the investigatory panel presents its findings to the Cumming City Council. The panel’s recommendation is to ask the Attorney General’s office to weigh in on the city’s impeachment process and whether the released information was in violation of the law.
Jan. 22 — The FCN reports that a federal grand jury has issued three subpoenas asking for information about Miles, Mullinax and Gravitt to Higgins, who was called to testify before the panel on Feb. 10 in Atlanta.
-- Kelly Whitmire
CUMMING — The Georgia Attorney General’s Office has decided against getting involved in the impeachment investigation of a long-serving Cumming official.
In a letter to City Attorney Dana Miles, Attorney General Sam Olens said his office was “unable to provide the requested review” sought by Miles and the other two members of the panel charged with exploring any possible wrongdoing by Councilman Rupert Sexton.
“This is necessarily a matter of only local concern that requires familiarity not only with local laws, but with specific facts to which this office is not privy,” Olens wrote.
“In addition, given the political nature of this question and the likelihood of litigation that will ultimately result from any impeachment proceedings, it would be inappropriate for my office to weigh in on this matter at this time.”
With the attorney general’s decision, the impeachment proceedings would seem to have come full circle. And it’s not immediately clear what will happen next.
Cumming Mayor H. Ford Gravitt said Tuesday he had not had any discussion with legal counsel on the matter and therefore couldn’t give a definitive answer. Miles was not able to be reached for comment.
Meanwhile, Cumming Human Resources Manager Phil Higgins was scheduled to testify Tuesday before a federal grand jury investigating the city of Cumming’s insurance situation.
Last month, the U.S. District Court for the Northern District of Georgia, issued three subpoenas to the city seeking information on Mayor H. Ford Gravitt, Miles and Gravitt’s longtime girlfriend Angie Mullinax.
As Cumming’s impeachment probe against Sexton has centered on a list of city employees’ personal insurance and financial information, the subpoenas requested several insurance-related documents, among other items.
The mayor has accused Sexton, alongside whom he has served since 1971, of releasing the information in retaliation for not being able to secure lifetime city health benefits for his wife.
The city’s position is that the list should not have been released. Sexton has denied leaking it, but maintains the information was a matter of public record and not as personal as others have portrayed it.
The list, which surfaced on social media in December, reportedly shows that Miles, who is not an employee, and Mullinax, whose employment is disputed, receive insurance coverage through the city.
For his part, Miles has said his official role as city attorney qualifies him for coverage under the Georgia Municipal Association, or GMA.
During a special called meeting Jan. 20, Miles presented the findings of the panel, which also included Steve Page and former Forsyth County Commissioner Patrick Bell.
The group ultimately recommended the city ask the attorney general to review the city’s impeachment process and determine whether it was a violation of state law to release employees’ insurance information.
In his response, Olens also stated that his office would be unable to say whether the information allegedly leaked by Sexton would violate the state’s Open Records Act or HIPAA due to the need for more information. He also cited the ongoing federal investigation.
“It is clear that any attempt to answer the questions posed would necessitate a specific factual review of the circumstances surrounding the type of information collected and mandated by the city, the reason for doing so, the specific information that was released and the circumstances surrounding that release,” Olens wrote.
“It is also clear from various press accounts that there is an ongoing federal investigation directly related to that information. It would thus be inadvisable for this office to weigh in without having the benefit of all the facts and while there are other investigations pending.”
In a report signed by all three members, the panel determined that there was evidence for the charges against Sexton. However, the report also noted that Sexton and others who did not attend the panel’s hearing may have information that could change that finding if they were questioned.
“Based upon the witnesses who did appear and the relevant documents, the panel finds that there is evidence to support the charges.”
Before being asked to look into the impeachment/insurance matter, Olens was already locked in an ongoing legal battle with Cumming over an April 2012 open meetings case.
In that matter, a senior Superior Court judge ordered the mayor and city to pay $12,000 in penalties plus attorney fees for violating the Georgia Open Meetings Act. The city has appealed that ruling.