DEKALB COUNTY BOARD OF ETmCSclo Clerk of the Governing Authority

Manuel J. Maloof Center1300 Commerce DriveDecatur, Georgia 30030

COMPLAINT

RECEIVED

JUN 102014 ~

ETHICS BOARDThe Board of Ethics is authorized to receive and hear complaints of alleged violations of the matters set forth inSection 22A of the De~lb County Code of Ordinances, known as the Code of Ethics. Persons alleging a violationof the Code of Ethics should complete the following information, sign, and deliver in person, or by U.S. Mail, or byovernight delivery service to the Clerk at the above address. Complaints received by the Clerk at least ten (10) daysprior to a scheduled meeting will be considered at that meeting.

1.

Name:

Ad~ess: ~~~ __ ~~~~~~~~ _

Daytime phone number: v1o> 2 $Z; -()YJ ~3V'~:.'

Restore Public Trust Ethics Complaint - Amendment 1

Viola Davis909 Rays RoadStone Mountain, Ga. 30083

June 9,2014

DeKalb County Board of EthicsClark Harrison Building330 W. Ponce de Leon AvenueDecatur, Georgia 30030

Dear DeKalb County Board of Ethics:

RECEIVED ~pJUN 1Q tQ'~~

ETHICS SOARD

I, Viola Davis with Unhappy Taxpayer & Voter, submit this pt amendment to the ethicscomplaint to restore public trust against Kelyin Walton, former Director and Chief ProcurementOfficer of the Department of Purchasing and Contracting and Nina Hall, Former Assistant toCEOBurrell Ellis, and former Project Manager with the Watershed Department.

I presented evidence during an executive meeting of Restore DeKalb on Friday, May 29, 2014which included documentation from the graind jury case against former CEOBurrell Ellis. I havereceived the full support of Restore DeKalb ~o submit a Restore Public Trust Ethics Complaint -Amendment 1 against Kelvin Walton and Nita Hall concerning the public corruption caserelated to purchasing and contracts within \e Watershed Department.I submit an amendment to include sworn statements of both Kelvin Walton and Nina Hall fromthe grand jury report located in the documeht titled, "State vs. W. Burrell Ellis Supplement toSupplemental Motion to Suppress the Searc of Mr. Ellis' residence and Mr. Ellis' Office andSeizure of Evidence and Motion to Suppress Wire Communications and Text Messages". Thedocument has 170 pages.

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The documented evidence is placed in bullet points to highlight important testimony that willsupport the DeKalb County Board of Ethics removing Walton and Hall from the taxpayers'payroll. Kelvin Walton and Nina Hall need to be remove from the taxpayers' payroll forfollowing reasons:

Kelvin Walton wilfully lied multiple times during his May Special Purpose Grand JuryTestimony.

Kelvin Walton admitted under oath that he lied to the Grand Jury. Kelvin Walton refused to answer 343 questions for fear of self-incrimination.

http://www.wsbtv.com/news/ news/local/ dekal b-official-refuses-answer-343-guestions-fear-/nfDKt/

Kelvin Walton funneled cash from vendors to a county employee who served onapproximately fifteen selection committees for DeKalb County projects. Theemployees name is Nina Hall, formerly the executive assistant to CEOBurrell Ellis.

Kelvin Walton accepted agift/service from a vendor of cash value without paying forthe service.

Nina Hall first denied ever receiving gifts or cash from vendors under oath. However,she eventually confessed to receiving cash from Kelvin Walton and allegedly MichaelHightower.

In the document dated May 7, 2014, Attorney Arthur Leach stated there was no actual factualallegations against his client (Kelvin L.Walton) in our complaint. Leach also stated Kelvin L.Walton cannot engage in the process until he testifies in the pending case involving the formerCEOof DeKalb County. (See attachment)

The DeKalb County Board of Ethics must be made aware of the following facts concerningKelvin Walton and Nina Hall's testimonies within the grand jury document identified above toinclude:

I. Kelvin l. Walton Testimony:a. Kelvin Walton takes the oath and solemnly swears or affirms that the evidence

he gave the Grand Jury on his presentment shall be the truth, the whole truth,and nothing but the truth, so help him God. (Page 190 -- Defendant's exhibitD)

b. Juror Number 10 asked Kelvin Walton, "Does this leave the county open forlawsuits, I mean, liable for". Kelvin Walton said, "It does, ma'am". (Page 225)

c. Kelvin Walton said, "We are not in the business of paying anyone that's evenrelated to somebody that work for the County." Despite stating this fact, Waltonallowed Jeff Walker, brother of a county worker named John Walker, receivecontract payments from vendors. (Page 148)

d. Kelvin Walton claimed he was not aware Brown and Caldwell paid Jeff Walkerwhen they had the large mapping contract with the county. (Page IS0)

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e. Walton claimed he was not aware that Brown and Caldwell was forced to addHadi Haeri to their mapping contract until he met with Francis Kung'u and TedRhinehart. (Page 151)

f. During Walton's first testimony to the Grand Jury, he claimed that he neverhad anyone perform services at his home. (Page 151)

g. Kelvin Walton said, "We want to make sure that they (staff) are not, you know,going to lunch with vendors, you know, the perception is what we tell them.But, no, we don't have no policy." (Page 152)

h. There's one occasion in particular in September 27th, 2009 where there areincoming calls to Paul Champion's number from Kelvin Walton's cell phonenumber. ..the calls from 7:41 in the afternoon, until 10:20 at night. (Page 156)

i. Kelvin Walton claimed that he did not know why he was calling Paul Champion atsuch a late time of the evening. (Page 156)

j. Walton stated, "I mean all of them (Commissioners) have told me -Commissioner Watson. All of them have said, Kelvin so-and-so is trying to reachyou. They said they can't reach you. And I'll just return their call." (Page 159)

k. Kelvin Walton was asked what source of income did he have outside of his jobwith DeKalb County and Walton said "none". (Page 161)

I. Kelvin Walton told Mr. Champion that his "contract was overspent and that wecould not pay him. And he said, well, you know, Kelvin, I have purchase ordernumbers". Kelvin Walton immediately knew then that a user department staffmember had given him (Champion) the numbers, not the actual hard copies ofthe purchase order. (Page 166)

m. Mr. Nix asked Walton did he ever personally solicit Paul Champion to do anywork for him in any capacity for a favor, a friend, or a family member. KelvinWalton answered, "No sir." (Page 168)

II. Kelvin Walton's Second Appearance before the Grand Jury:a. Kelvin Walton takes the oath and signed the written oath. (Page 104)b. Kelvin Walton admits there was something that he was not truthful about with

the Grand Jury previously. (Page 105)c. Walton said, "First of all, I want to apologize to the Grand Jury. I was not, you

know, as truthful as I should have been the time that I was here."d. Walton said, "As it relates to the matter with Paul Champion, I did meet him in

the parking lot at Walmart, but I did not solicit any funds from him. PaulChampion did cut down trees for me and I believe that he was trying to hold thatagainst me because the County was not paying him for the bill that the Countyowed him (Champion) for the trees that he said that he cut down." (Page 106)

e. Walton claimed Paul Champion offered him cash and he said that he (Walton)did not operate like that. (Page 107)

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f. Kelvin Walton said, "But again, I want to apologize. I was not truthful. I wasnervous. I had never done this before. Again, I've been in the business 20years and never faced this type of situation and I lied and I apologize for that."(Page 108)

g. Walton said, "That's not my nature to, you know, take money or anything fromany contractor. Like I said, he (Champion) pulled out the money and if Walmarthad that tape from whatever year it was -I think '08, '09-you would see Iwasstanding out there talking to this man". (Page 109) Comment: Kelvin Waltonfailed to tell the Grand Jury about the money he claimed fell to the ground.

h. Kelvin Walton admitted Paul Champion cut down some trees for him and thatChampion would use this as leverage. Walton also admitted he did not payChampion (for cutting the trees at his home). (Page 112)

i. Jeff and John Walker introduced Kelvin Walton to Paul Champion. (Page 118)j. Walton said, "He went over to my house. I showed him the tree, the one tree

that I wanted cut down. Then I told him I had a friend that needed some treescut down as well." (Page 119)

k. A Juror asked Walton, "Why did you feel you needed to meet in a parking lot"?Juror Chambers said, "You're a pretty high official, I mean ...do you know howthat looks." Kelvin Walton answered, "Yeah that looks bad." (Page 122)

I. Kelvin Walton acknowledged Jeff and John Walker were friends with CEO(Vernon Jones). (Pages 127-130)

m. Kelvin Walton stated he attends New Birth Church and sometimes Victory LifeChurch. He heard that the CEO(Vernon Jones) also attended New Birth. (Page130)

n. The phone records of Paul Champion show Kelvin Walton called Championfirst. The Grand Jury make it clear that Walton's testimony concerning thephone calls does not "comport with the only written record of the event".Walton appears to be still untruthful in the second testimony to the GrandJury. (Page 131-137)

o. Kelvin Walton states Paul Champion dropped the money on the ground and ranto his car. (Page 138) Walton said that he did not know what happened to themoney that was dropped on the ground because he got in his car and left. (Page139)

p. Kelvin Walton claims he never had a relationship with Mr. Walker -- John or JeffWalker. (Page 142)

q. Walton was afraid of being blackmailed by Champion and either "go to the DA orto the CEO's office or something like that". (Page 143)

r. Kelvin Walton admits Champion cut down a really tall pine tree and he(Walton) did not pay him. (Page 144)

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s. Walton said, "\ heard that Jeff Walker and Vernon and them were very goodfriends and that to keep Vernon happy, you need to be friends with Jeff Walkerand them". (Pages 150-151)

t. Kelvin Walton proclaimed, "Jeff Walker, John Walker, or Roy Barnes wereVernon's folks -- people, as staff would say". (Page 151-152)

u. Jeff Walker's lying or Kelvin Walton is Iying ...or there's a combination of both-was the question. Walton's answer, "I want to be straight with this groupbecause I'm back in front of you a second time". (Page 155)

v. Jeff Walker, from Global Business Development, "submitted to Brown andCaldwell because he's (Jeff Walker) being paid by Brown and Caldwell as apolitical consultant" ...(Page 159)

w. Jeff Walker claims "on two different receipts for lunches, he's claiming you(Kelvin Walton) specifically were with him ..."Ann Kimbrough, Ms. Brewer, andRudy Chen - close alliance with either the Walkers, with contractors, and/or withCEOJones". (Page 160)

x. Kelvin Walton said, "As early as today, one of my colleagues told me that Dr.Taylor and Jeff Walker is calling people saying where can you throw - who canyou turn in to the DA's office because they know that they're the ones that hasbeen in bed with all of these contractors." (Page 162)

y. Walton said, "This morning I was walking into the office and Mr. Morris Williams,who is the Chief of Staff to the Board of Commissioners, told me that DwightThomas, who's the CEO's (Jones) lawyer, called him and said, why are all of y'allthrowing the CEOunder the bus". (Pages 162-163)

III. Kelvin Walton's testimony dealt with contractors under investigation andcontroversial events within DeKalb County government to include:a. Kelvin Walton said, "Then Neville Anderson, whoever he is from some

company, called Morris Williams this weekend and said that Jeff Walker andDr. Taylor called him and said, did Morris ever ask you for any money, we needto lead the DA to somebody else. And the young man said, I don't know whatyou're talking about". (Page 163) ..."Tony Taylor used to work for a companycalled Parsons." (Page 163-165)

b. Walton discusses a bogus company on page 17l.c. Kelvin Walton said that the last time he spoke with CEOJones was right after he

got out of office. He saw him at the Arizona Restaurant in Lithonia. (Page 182)d. Kelvin Walton and Vernon Jones are in the same fraternity. Walton met David

Gallemore in Morris William's office during the Jones Administration. David is afraternity brother as well. (Page 183-184)

e. Morris Williams said, "I heard that they asked David Gallemore about a letter,Kelvin, and I said what letter. ..He said, you know, they were bad mouthing mycompany, telling - they were going around telling other companies don't utilizeG4Enterprise". (Page 185-186)

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f. Kelvin Walton acknowledged Mr. Gallemore had an inappropriate relationshipwith Jeff Walker's wife. Walton went on to confirm that the inappropriaterelationship was a sexual relationship. (Page 187)

g. Walton said the following concerning Richard Stogner, "Richard Stogner andSamit Roy, who is the owner of Scicom, went to see former Governor RoyBarnes the other day. They had a meeting with him because I guess he's goingto represent them as this thing develops. And they wanted me to come, youknow because they - that I was going to need representation as well. And Itold them, no, I'm Okay. And I've got things to do on the job anyway. Youknow, I'm going to tell the truth. I just don't feel that I need a lawyer rightnow." (Page 187-188)

h. Walton went on to say, "They said, okay, you're sure? So they went and RoyBarnes told them - According to Richard after they got back - said formerGovernor Roy Barnes said that they didn't have anything to worry about becausebased on what they told him, he didn't see anything wrong with him usingfederal contracts splitting them at $49,000, and stuff like that. He just didn't see. the issue that he was going to call DA James and talk to him about the situation,to let him know that this is - it's really nothing. So, in other words, just trying toget him out of it." (Page 188)

i. Kelvin Walton explained how he and Richard Stogner broke contracts down to$49,000 (Pages 188-190). And he (Richard Stogner) knows that Samit Roy-Scicom is a good company, they do good work. And- but other companies havecomplained about never getting some of the IT work. (Page 188-191)

IV. Nina Hall Testimony:a. Sworn testimony began on page 152.b. Nina Hall stated she was the assistant to DeKalb CEOBurrell Ellis and worked for

Ellis four years in his capacity as the CEO,and a year and a half - he was a countycommissioner. (Page 152)

c. Hall stated that she "served on committees with the community developmentgroup in terms of the grant process in the county, giving out grants to nonprofitorganizations. And I have served on selection committees". (Page 154)

d. Hall served on committees related to the procurement process for about twoyears. (Page 154)

e. Kelvin Walton presented Hall the opportunity to serve on some selectcommittees. (Page 155)

f. Hall stated she knew Walton for six years and that they were friends. (Page 156)

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g. Hall went out to dinner with vendors. She went to dinner with Kelvin Waltonand Barry Bennett, where Bennett paid for the dinner. (Page 233)

h. Hall initially stated that she was "not aware of any vendor or a vendorrepresentative indirectly giving a gift, be it, a physical gift or a monetary gift toany county employee, starting with the CEO,and all the way down". (Page 234)

i. Nina Hall said, "Well, I mean my friend Kelvin, he gave me some money to helpme out with something and he did say that he got it from some of his -some ofhis friends. Hall acknowledges that she received money from Kelvin Waltonand a vendor friend allegedly Michael Hightower. (Page 235)

j. Hall stated that she could not remember how much money she received fromWalton and Hightower. However, she received the money in 2011. (Page 236-237)

k. Nina Hall made a salary of $72,000. (Page 241)I. Hall knew CEOBurrell Ellis for twenty years, and they went to the same church.

However, she did not go to Ellis for financial help. (Page 242)m. Hall stated Kelvin Walton asked some other vendors for money. She said that

the people that Walton talks about the most would be Michael Hightower,Barry Bennett, and AI Edwards. (Page 243)

n. Nina Hall stated that "if Michael Hightower testified he gave Kelvin Waltonmoney to give to her (Hall) then Michael Hightower was telling the truth whenhe (Hightower) said that". (Page 245)

We remind the public of our initial action plan agreed upon that strives to restore public trust inDeKalb County to include:

A. Demand Kelvin Walton and Nina Hall be suspended without payor terminated fromemployment with DeKalb County after evidence is presented of alleged wrongdoing andrequest a full criminal investigation and forensic audit of the Watershed Department.

B. Demand a forensic audit of the Watershed Department due to a long history of complaints ofcriminal activity and systematic charges of thievery.

C. Demand the GBI or FBI lead the investigation as an external neutral third party due to thefact that two-three independent Constitutional officers have made serious accusations againstone another to include:1. CEOBurrell Ellis charges against DA Robert James and Interim CEOLee May.2. District Attorney Robert James charges under the RICOstatue.

3. Interim CEOLee May's statement of a need for additional evidence before permanentlyremoving Kelvin Walton from the Purchasing and Contract Compliance Department.

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D. Demand a federal investigation into DeKalb County's Purchasing and Contracting andContract Compliance departments and prosecution of people who have violated the local,state, and federal laws.

If we are to restore public trust, we request that the DeKalb County Ethics Board examine ourevidence that we have submitted and render an opinion and/or board action to the necessaryelected officials and department heads (local, state, and federal) to complete this RestorePublic Trust Ethics Complaint:

1. Vendor 1 - Hopie Strickland with Strickland and Sons Constructiona. Unhappy Taxpayer & Voter filed a federal complaint with the Recovery Accountability andTransparency Board, September 2013 concerning a complaint by Hopie Strickland of bid rigging,kickbacks, and false documentation, etc. (See Documentation)b. Video titled, "DeKalb Corruption against LSBEVendors" featuring Hopie Strickland.

2. Vendor 2 - Alessandro Salvo with GSConstructiona. Link to WSBTV story on Alessandro Salvo's complaintb. Link to Video of FBI investigation of Watershed Extortion case (Documentation will beprovided at request of Ethics Board)

3. Private Citizen - Disabled Veteran complaint concerning tree removal demonstratessystematic problems and/or corruption that unfairly targets private citizens and lack ofexecutive oversight.

4. DeKalb County Special Purpose Grand Jury Report 2012-2013 ... Civil Case #12CV1000.

In the name of transparency, ethics, and accountability, we submit this ethics complaintamendment to restore public trust.

Sincerely,

~()~Viola DavisCommunity Missionary

See Attachment

8

ARTHUR W. LEACHATTORNEY AT LAW

\

\

5780 WINDWARD PARKWAYSUITE 225ALPHARETTA, GEORGIA 30005

(404) 786-6443FAX(678) 624-9852

E-MAIL: ART@ARTHURWLEACH.COM

MAy 7, 2014

Mr. Gene ChapmanCounsel, Board of EthicsSent Via Email To: gchapman@gslaw.pro(This address retrieved from the State Bar of Georgia)

Dear Mr. Chapman:

Tonight I received your letter of April 18, 2014 directed to my client, Kelvin L. Walton.This letter is to advise you that while we would like to participate in the process of the Board ofEthics, Mr. Walton cannot engage in this process until he testifies in the pending case involvingthe former CEO ofDeKalb County.

I have briefly reviewed the package and since there are no actual factual allegationsagainst my client we intend to deny all aspects and allegations of the package which wasattached to your letter. Since I received your letter on such short notice and in the event youwant a more formal denial. I would be happy to prepare such a denial in whatever form youmight choose. I do not have access to your rules so if you would direct me to the rules I will domy best to comply.

While your letter indicates that my client should not hesitate to contact you - there is nophone number or email address provided and due to the fact that I have been informed that theboard is meeting tomorrow I am sending this letter to the email address you have provided to theState Bar of Georgia. Please call me so we can advance this process. My number and emailaddress are provided above. Thank you.

Sincerely,

/s/ ~ 1fI. 4eac4Arthur W. Leach

DeKalb County Board ofCommissioners

Board of Commissioners

Elaine Boyer, District 1Jeff Rader, District 2

Larry L. Johnson, District 3Sbaron Bames Sutton, District 4

Distriet SKathie Gannon, District 6Stan Watson, District 7

Larry JohnsonPresiding Officer

Department of the County Clerk

May 13,2014

Ms. Viola DavisUnhappy Taxpayer & VotersStone Mountain, Georgia

Dear Ms. Davis:

Thank you for your Open Records Request dated May 9,2014 in which you requested all files, records, andother documents presented during the May 8, 2014 meeting of the DeKalb County Board of Ethics pertaining toKelvin Walton, Nina Hall, Bob Lundsten and Commissioner Elaine Boyer.

In response to your request, I have enclosed all pertinent documents that have been submitted to my office fromthat meeting. There are 52 pages at $.10 per page or $5.20 for this request.

You may forward a check in the amount of$5.20 to my office. This check should be made out to DeKalbCounty Government.

S~.t1C~Y' .// . i. I ~

/. WrM/6 ~Barbara H. Sanders, CCCClerk to the Board of Commissioners andChief Executive Officer

BHS:bs

Cc: Members, Board of CommissionersMorris E. Williams, Ill, Chief of Staff - BOC

Clerk To The Board of Commissioners and Chief Executive OfficerThe Manuel.J. MaloofCeDter 0 1300 Commerce Drive, 5Th Floor Decatur, GA30030 0 (404)371-28860 Fax (404) 371-7004

www.co.dekalb.ga.us

RECEIPT ?iIfT12-

DEKAlB COUNTY GEORGIA RECEIPT 272DATE: MAY 13, 2014

Department of the County ClerkTo The CEO & Commission1300 Commerce Drive6th FloorDecatur, GA 30030(404) 371-2162

Clerk's Office Miscellaneous Receipt

RECEIVED Viola DavisOF

Official Receipt Only When Validated ByRevenue Collector Or Signed By Authorized

County EmpIOY~

Signature

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TOTAL I $5.20

THANK YOU fOR YOUR BUSINESS!. ',.-' . ..... "... . -.. '" ',~ -

RESTORE DEKALB11 '

Restore DeKalb.org

Restore DeKalb is a coalition of private citizens with a mission to hold electedofficials accountable and restore public trust. We join private citizens that stepout on the frontline to ensure transparency, ethics, and accountability.

We join together as a coalition to submit an amendment to the ethics complaintagainst Sharon Barnes Sutton and Judy Brownlee. We also submit an amendmentto the ethics complaint against Kelvin Walton and Nina Hall. We have a missionto restore public trust. We strive to hold elected officials accountable.

Viola Davis - Unhappy Taxpayer and Voter & Restore DeKalb

J el Edwards - Restore DeKalb, King Ridge Homeowners Association, &WORC

Willie Pringle - Restore DeKalb, WORC, and a Southwest DeKalb High

School paren:, !0~ _1~-W~ ~~J2,,-:::: ~_

Coalition of Concerned Citizens - Add in an Amendment after Petition