DEKALB COUNTY BOARD OF ETmCS

cloClerk of theGoverning Authority
Manuel J.Maloof Center
1300 Commerce Drive
Decatur, Georgia30030
COMPLAINT
RECEIVED
J U N 1 0 2 0 1 4 ~
ETHICS BOARD
The Board of Ethics is authorized to receive and hear complaints of alleged violations of the matters set forth in
Section 22A of the De~lb County Code of Ordinances, known as the Code of Ethics. Persons alleging aviolation
of the Code of Ethics should complete the following information, sign, and deliver inperson, or by U.S. Mail, or by
overnight delivery service to the Clerk at theabove address. Complaints received by the Clerk at least ten (10) days
prior to ascheduled meeting will beconsidered at that meeting.
1.
Name:
Ad~ess: ~~~ __ ~~~~~~~~ _
Daytime phone number: v 1 o > 2$Z; -()YJ ~3V
'~:.'<Evening phone number: ( ) _
- - -
E- mail address: (L VI k a ( J f ; / /(f!i(kU i/.AA @ 3 V ! l c U i c . o W1
2. Identify the member of the governing authority against whom the complaint is being filed:
Name: J ! e l t u : r A U / a J / r n r a d c d Mvt Ci J ia u
Position/Department/Board; Ii e V a ll::J Cmu f y b 0 7tRdn Wu j
3. Identify the section of the Code of Ethics you allege is being violated. State with specificity the acts
o 0 issions you allege COnstijtutethe violation. (A h diti nal}?ageF as ecessary)
'J-' . I
. 'J / '}- 71
I he r e by r e qu e st t ha t t he Bo a r d o f Et hi c s c o n si d e r t hi s c o mpl a i n t . I c e r t i f y t ha t t he a bo ve i n f o r ma t i o n
i s t r u e a n d c o "~)o t he be st " k n o w/ e d ge a n d be l i e f .
Signature: ~ ,~~ Da t e : / r 2f La . e . 2
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Received by: , Clerk Date: _
Restore Public Trust Ethics Complaint - Amendment 1
Viola Davis
909Rays Road
Stone Mountain, Ga. 30083
June 9,2014
DeKalb County Board of Ethics
Clark Harrison Building
330W. Ponce de Leon Avenue
Decatur, Georgia 30030
Dear DeKalb County Board of Ethics:
RECEIVED ~p
J U N 1Q tQ'~~
ETHICS SOARD
I, Viola Davis with Unhappy Taxpayer & Voter, submit this pt amendment to the ethics
complaint to restore public trust against Kelyin Walton, former Director and Chief Procurement
Officer of the Department of Purchasing and Contracting and Nina Hall, Former Assistant to
CEOBurrell Ellis, and former Project Manager with the Watershed Department.
I presented evidence during an executive meeting of Restore DeKalb on Friday, May 29, 2014
which included documentation from the graindjury case against former CEOBurrell Ellis. I have
received the full support of Restore DeKalb ~osubmit a Restore Public Trust Ethics Complaint -
Amendment 1 against Kelvin Walton and Nita Hall concerning the public corruption case
related to purchasing and contracts within \ eWatershed Department.
I submit an amendment to include sworn statements of both Kelvin Walton and Nina Hall from
the grand jury report located in the documeht titled, "State vs. W. Burrell Ellis Supplement to
Supplemental Motion to Suppress the Searc of Mr. Ellis' residence and Mr. Ellis' Office and
Seizure of Evidence and Motion to Suppress Wire Communications and Text Messages". The
document has 170pages.
1
The documented evidence is placed in bullet points to highlight important testimony that will
support 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 for
following reasons:
• Kelvin Walton wilfully lied multiple times during his May Special Purpose Grand Jury
Testimony.
• 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 on
approximately fifteen selection committees for DeKalb County projects. The
employees name is Nina Hall, formerly the executive assistant to CEOBurrell Ellis.
• Kelvin Walton accepted agift/service from a vendor of cash value without paying for
the 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 Michael
Hightower.
In the document dated May 7, 2014, Attorney Arthur Leach stated there was no actual factual
allegations 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 former
CEOof DeKalb County. (Seeattachment)
The DeKalb County Board of Ethics must be made aware of the following facts concerning
Kelvin Walton and Nina Hall's testimonies within the grand jury document identified above to
include:
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 exhibit
D)
b. Juror Number 10 asked Kelvin Walton, "Does this leave the county open for
lawsuits, 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 even
related to somebody that work for the County." Despite stating this fact, Walton
allowed Jeff Walker, brother of a county worker named John Walker, receive
contract payments from vendors. (Page 148)
d. Kelvin Walton claimed he was not aware Brown and Caldwell paid Jeff Walker
when they had the large mapping contract with the county. (Page IS0)
2
e. Walton claimed he was not aware that Brown and Caldwell was forced to add
Hadi Haeri to their mapping contract until he met with Francis Kung'u and Ted
Rhinehart. (Page 151)
f. During Walton's first testimony to the Grand Jury, he claimed that he never
had 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 27
th
, 2009 where there are
incoming calls to Paul Champion's number from Kelvin Walton's cell phone
number. ..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 at
such 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 reach
you. 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 job
with DeKalb County and Walton said "none". (Page 161)
I. Kelvin Walton told Mr. Champion that his "contract was overspent and that we
could not pay him. And he said, well, you know, Kelvin, I have purchase order
numbers". Kelvin Walton immediately knew then that a user department staff
member had given him (Champion) the numbers, not the actual hard copies of
the purchase order. (Page 166)
m. Mr. Nix asked Walton did he ever personally solicit Paul Champion to do any
work for him in any capacity for a favor, a friend, or a family member. Kelvin
Walton 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. Paul
Champion did cut down trees for me and I believe that he was trying to hold that
against me because the County was not paying him for the bill that the County
owed 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)
3
f. Kelvin Walton said, "But again, I want to apologize. I was not truthful. I was
nervous. I had never done this before. Again, I've been in the business 20
years and never faced this type of situation and I lied and I apologize for that."
(Page 108)
g. Walton said, "Tha t 's not my nature to, you know, take money or anything from
any contractor. Like I said, he (Champion) pulled out the money and if Walmart
had that tape from whatever year it was -I think '08, '09-you would see I was
standing out there talking to this man". (Page 109) Comment: Kelvin Walton
failed 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 that
Champion would use this as leverage. Walton also admitted he did not pay
Champion (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 trees
cut 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 how
that 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 Life
Church. He heard that the CEO(Vernon Jones) also attended New Birth. (Page
130)
n. The phone records of Paul Champion show Kelvin Walton called Champion
first. The Grand Jury make it clear that Walton's testimony concerning the
phone calls does not "comport with the only written record of the event".
Walton appears to be still untruthful in the second testimony to the Grand
Jury. (Page 131-137)
o. Kelvin Walton states Paul Champion dropped the money on the ground and ran
to his car. (Page 138) Walton said that he did not know what happened to the
money that was dropped on the ground because he got in his car and left. (Page
139)
p. Kelvin Walton claims he never had a relationship with Mr. Walker --John or Jeff
Walker. (Page 142)
q. Walton was afraid of being blackmailed by Champion and either "go to the DA or
to the CEO'soffice 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)
4
s. Walton said, "\ heard that Jeff Walker and Vernon and them were very good
friends and that to keep Vernon happy, you need to be friends with Jeff Walker
and them". (Pages 150- 151)
t. Kelvin Walton proclaimed, "Jeff Walker, John Walker, or Roy Barnes were
Vernon'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 group
because I'm back in front of you a second time". (Page 155)
v. Jeff Walker, from Global Business Development, "submitted to Brown and
Caldwell because he's (Jeff Walker) being paid by Brown and Caldwell as a
political 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, and
Rudy Chen -close alliance with either the Walkers, with contractors, and/or with
CEOJones". (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 can
you turn in to the DA's office because they know that they're the ones that has
been 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 Dwight
Thomas, who's the CEO's (Jones) lawyer, called him and said, why are all of y'all
throwing the CEOunder the bus". (Pages 162- 163)
III. Kelvin Walton's testimony dealt with contractors under investigation and
controversial 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 and
Dr. Taylor called him and said, did Morris ever ask you for any money, we need
to lead the DA to somebody else. And the young man said, I don't know what
you're talking about". (Page 163) ..."Tony Taylor used to work for a company
called 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 a
fraternity 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 my
company, telling -they were going around telling other companies don't utilize
G4Enterprise". (Page 185- 186)
5
f. Kelvin Walton acknowledged Mr. Gallemore had an inappropriate relationship
with Jeff Walker's wife. Walton went on to confirm that the inappropriate
relationship was a sexual relationship. (Page 187)
g. Walton said the following concerning Richard Stogner, "Richard Stogner and
Samit Roy, who is the owner of Scicom, went to see former Governor Roy
Barnes the other day. They had a meeting with him because I guess he's going
to represent them as this thing develops. And they wanted me to come, you
know because they -that I was going to need representation as well. And I
told them, no, I'm Okay. And I've got things to do on the job anyway. You
know, I'm going to tell the truth. I just don't feel that I need a lawyer right
now." (Page 187-188)
h. Walton went on to say, "They said, okay, you're sure? Sothey went and Roy
Barnes told them -According to Richard after they got back -said former
Governor Roy Barnes said that they didn't have anything to worry about because
based on what they told him, he didn't see anything wrong with him using
federal contracts splitting them at $49,000, and stuff like that. Hejust 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 to
get 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 have
complained 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 ayear and a half -he was a county
commissioner. (Page 152)
c. Hall stated that she "served on committees with the community development
group in terms of the grant process in the county, giving out grants to nonprofit
organizations. And I have served on selection committees". (Page 154)
d. Hall served on committees related to the procurement process for about two
years. (Page 154)
e. Kelvin Walton presented Hall the opportunity to serve on some select
committees. (Page 155)
f. Hall stated she knew Walton for six years and that they were friends. (Page 156)
6
g. Hall went out to dinner with vendors. She went to dinner with Kelvin Walton
and Barry Bennett, where Bennett paid for the dinner. (Page 233)
h. Hall initially stated that she was "not aware of any vendor or a vendor
representative indirectly giving a gift, be it, a physical gift or a monetary gift to
any county emplo yee, starting with the CEO,and a ll the way down". (Page 234)
i. Nina Hall said, "Well, I mean my friend Kelvin, he gave me some money to help
me out with something and he did say that he got it from some of his -some of
his friends. Hall acknowledges that she received money from Kelvin Walton
and a vendor friend allegedly Michael Hightower. (Page 235)
j. Hall stated that she could not remember how much money she received from
Walton 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 Walton
money to give to her (Hall) then Michael Hightower was telling the truth when
he (Hightower) said that". (Page 245)
We remind the public of our initial action plan agreed upon that strives to restore public trust in
DeKalb County to include:
A. Demand Kelvin Walton and Nina Hall be suspended without payor terminated from
employment with DeKalb County after evidence is presented of alleged wrongdoing and
request afull 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 of
criminal activity and systematic charges of thievery.
C. Demand the GBI or FBI lead the investigation as an external neutral third party due to the
fact that two-three independent Constitutional officers have made serious accusations against
one 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 permanently
removing Kelvin Walton from the Purchasing and Contract Compliance Department.
7
D. Demand a federal investigation into DeKalb County's Purchasing and Contracting and
Contract 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 our
evidence that we have submitted and render an opinion and/or board action to the necessary
elected officials and department heads (local, state, and federal) to complete this Restore
Public Trust Ethics Complaint:
1. Vendor 1- Hopie Strickland with Strickland and Sons Construction
a. Unhappy Taxpayer & Voter filed a federal complaint with the Recovery Accountability and
Transparency 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 GS Construction
a. Link to WSBTV story on Alessandro Salvo's complaint
b. Link to Video of FBI investigation of Watershed Extortion case (Documentation will be
provided at request of Ethics Board)
3. Private Citizen -Disabled Veteran complaint concerning tree removal demonstrates
systematic problems and/or corruption that unfairly targets private citizens and lack of
executive 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 complaint
amendment to restore public trust.
Sincerely,
~()~
Viola Davis
Community Missionary
SeeAttachment
8
ARTHUR W. LEACH
ATTORNEY AT LAW
\
\
5780 WINDWARD PARKWAY
SUITE 225
ALPHARETTA, GEORGIA 30005
(404) 786- 6443
FAX(678) 624-9852
E-MAIL: ART@ARTHURWLEACH.COM
MAy 7, 2014
Mr. Gene Chapman
Counsel, Board of Ethics
Sent Via Email To: gchapman@gslaw.pro
(This address retrieved fromthe 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 isto advise you that while we would like to participate intheprocess of the Board of
Ethics, Mr. Walton cannot engage inthis process until he testifies inthepending case involving
the former CEO ofDeKalb County.
I have briefly reviewed the package and since there are no actual factual allegations
against my client we intend to deny all aspects and allegations of thepackage which was
attached to your letter. Since I received your letter on such short notice and inthe event you
want amore formal denial. I would behappy to prepare such adenial inwhatever formyou
might choose. I do not have access to your rules so if you would direct meto the rules I will do
my best to comply.
While your letter indicates that my client should not hesitate to contact you - there is no
phone number or email address provided and due to the fact that I havebeen informed that the
board is meeting tomorrow I amsending this letter to the email address you have provided to the
State Bar of Georgia. Please call me so we can advance this process. My number and email
address are provided above. Thank you.
Sincerely,
/s/ ~ 1 fI. 4e a c 4
Arthur W. Leach
DeKalb County Board of
Commissioners
Board of Commissioners
Elaine Boyer, District 1
Jeff Rader, District 2
Larry L. Johnson, District 3
Sbaron Bames Sutton, District 4
Distriet S
Kathie Gannon, District 6
Stan Watson, District 7
Larry Johnson
Presiding Officer
De pa r t me n t o f t he Co u n t y Cl e r k
May 13,2014
Ms. Viola Davis
Unhappy Taxpayer &Voters
Stone Mountain, Georgia
Dear Ms. Davis:
Thank you for your Open Records Request dated May 9,2014 in which you requested all files, records, and
other documents presented during the May 8, 2014 meeting of the DeKalb County Board of Ethics pertaining to
Kelvin 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 from
that meeting. There are 52pages at $.10per page or $5.20 for this request.
You may forward acheck in the amount of$5.20 to my office. This check should be made out to DeKalb
County Government.
S~.t1C~Y' .
// . i
. I ~
/ . Wr M/ 6 ~
Barbara H. Sanders, CCC
Clerk to the Board of Commissioners and
Chief Executive Officer
BHS:bs
Cc: Members, Board of Commissioners
Morris E. Williams, Ill, Chief of Staff - BOC
§
Clerk To The Board of Commissioners and Chief Executive Officer
The Manuel.J. MaloofCeDter 0 1300Commerce Drive, 5
Th
Floor ••Decatur, GA30030 0 (404)371- 28860 Fax (404)371- 7004
www.co.dekalb.ga.us
RECEIPT ?iIfT
£12-
DEKAlB COUNTY GEORGIA
RECEIPT 272
DATE: MAY 13, 2014
Department of the County Clerk
To The CEO&Commission
1300 Commerce Drive
6
th
Floor
Decatur, GA 30030
(404) 371- 2162
Clerk's Office Miscellaneous Receipt
RECEIVED Viola Davis
OF
Official Receipt Only When Validated By
Revenue Collector Or Signed By Authorized
County EmpIOY~
Signature
1 p_ A_ y_ M_ EN_ T_ ' M_ Er;...c.' '-'..H_ O_ D_ ' - - - '- - - - 4! r- " '- - " ---'e:-_ ~E-:.C_ K_ N_ O_ - _ --'-"-~_ I
[ - = = Q = T Y = _ - -_ _ + I D E _ S _ C m _ _ PT_ '_ ON ~ - L l - N - E - T O- T _ A _ L ~ I !
! 1 : Open Records Request $5.20
I I
i I
I I
I I
'I}
~ ) V>L
~ \')b~
~,
----~II- _
TOTAL I $5.20
THANK YOU fOR YOUR BUSINESS!
. ',.-' . ..... "... . - .. '" ',~ -
RESTORE DEK AL B
11 '
Restore DeKalb.org
Restore DeKalb is a coalition of private citizens with a mission to hold elected
officials accountable and restore public trust. We join private citizens that step
out on the frontline to ensure transparency, ethics, and accountability.
We join together as a coalition to submit an amendment to the ethics complaint
against Sharon Barnes Sutton and Judy Brownlee. We also submit an amendment
to the ethics complaint against Kelvin Walton and Nina Hall. We have a mission
to 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~ ~~J 2,,-: : : : ~_
Coalition of Concerned Citizens -Add in an Amendment after Petition

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