Lamberton Files Ethics Complaint Against Cupid
Local taxpayer activist, Lance Lamberton, announced today that he has filed an ethics complaint with Cobb County’s Ethics Board against Cobb Board of Commissioners Chairwoman, Lisa Cupid, alleging that she is running an advocacy campaign to promote the passage of the Mobility SPLOST, using tax money for that purpose, when state law specifically prohibits public funds being used for that purpose.
The ethics complaint and a signed and notarized affidavit (copies below) were delivered in person by Lamberton today to Pamela Mabry’s office, who serves as Clerk for the Cobb County Board of Commissioners.
Lamberton’s interest in this filing is related to his campaign to defeat the Mobility SPLOST, of which his organization, the Cobb Taxpayers Association, is spearheading. The coalition behind this campaign also includes the local chapter of the Association of Mature American Citizens, the Franklin Roundtable (formerly the Georgia Tea Party) and the Cobb County GOP. In addition, prominent local business and elected leaders have joined the effort to defeat this tax, including former Chamber president John Loud of Loud Security Systems, and state representatives Ginny Erhardt, Ed Setzler, John Carson and John Albers.
“It is hoped that the Ethics Board will recognize this clear breach of ethics by the Chairwoman, and will use its authority to take corrective action to ensure that no one is above the law when it comes to ethical and lawful conduct by our elected officials,” Lamberton said.
October 12, 2024
To: Pamela L. Mabry, Clerk for the Cobb County Board of Commissioners
From: Lance Lamberton
Subject: Ethics Complaint before the Ethics Board of Cobb County
Pursuant to Section 2-45 of the code of ethics of the Ethics Board of Cobb County, I am presenting the following complaint to the Clerk for the Cobb County Board of Commissioners, who is required to transmit said complaint to the Chair of the Ethics Board upon receipt thereof.
Nature of Complaint
Under “Compliance with applicable law”, Section 2-45 of the Ethics Board, “No officer shall engage in any activity or transaction that is prohibited by law, now existing or hereafter enacted, which is applicable to the officer by virtue of that person’s office.”
Under this provision, the complainant, Lance Lamberton, maintains that Lisa Cupid, in her role as the Chairwoman of the Cobb County Board of Commissioners, is in ethical violation of the aforementioned section of the County’s ethics code, and is seeking injunctive relief in the form of censure and reprimand by the Ethics Board.
Evidence of Violation
Ms. Cupid currently serves as the Chairwoman of the Cobb County Board of Commissioners. In that role she is sworn to uphold “the laws of the state” as per Sec. 2-45. Specifically, Georgia law strictly prohibits governmental agencies from expending public funds to support any campaign committee, political action committee, or other political organization for any purpose [O.C.G.A. 21-5-30.2(b)].
More importantly, the board of commissioners…are further prohibited from spending public funds for advertisements, flyers, mailings or any other direct promotion in support of passage of the SPLOST [Harrison v. Rainey, 227 Ga. 240 (1971); McKinney v. Brown, 242 Ga. 456 (1978)].
On the other hand, local officials may use county or municipal funds to prepare descriptions of the SPLOST proposal and the impact of the SPLOST projects on the county and its citizens.
It is critical, however, that such descriptions not express an opinion regarding the SPLOST proposal or advocate which way a person should vote.
However, in the information provided by the county about the Mobility SPLOST proposal on the ballot, which is paid for with taxpayer funds, there is an obvious bias in support of the Mobility SPLOST. There can be no doubt that the content of the videos and printed material clearly and indisputably advocate in favor of the M-SPLOST’s passage
.
One such video and printed flyer states:
“this initiative seeks to improve the county’s transit infrastructure with a focus on safety, flexibility, and reliability tailored to meet the specific needs of our growing community and local economy.” Moreover, county staff, including the county manager and the director of the DOT, among others, are enlisted to make these advocacy statements in the videos.
Other exclamatory statements on the videos include the following language:
“M-SPLOST can make transit faster, more frequent and more reliable with 73 miles of BRT. It helps you by-pass traffic like when you are on a train.”
“The Cobb transit plan could transform bus stops and transfer points, creating a safer and welcoming accessible experience.” And finally:
“Check this out! Discover how transit is connecting our community with opportunities and find out how Cobb’s MSPLOST referendum could expand transit services in our county.”
Clearly the language of these statements express opinions in favor the SPLOST proposal, and as the highest elected official in County government, it is incumbent upon the Chairwoman to refrain from temptation to do so, and to prohibit county staff from doing so, as is proscribed under state law, cited above. In short, those who make the laws should not break the laws.
Therefore, I petition the Ethics Board to consider my complaint in an expeditious manner, so that it may consider a redress for my grievance.