Ethics Complaint Filed Against Mayor
The resident who filed the complaint cited improper use of city equipment and a conflict of interest.
A local resident has filed an ethics complaint against Kennesaw Mayor Mark Mathews, alleging that the mayor uses city equipment for other business and that he has been facilitating meetings between his employer and the city manager.
David Ermutlu said he filed the complaint Tuesday with the city clerk's office. He said that Mathews' use of his city-provided iPhone and iPad to do business for MetroAtlanta Ambulance is a violation of the city's ordinances. According to Mathews' biography on the city's website, he serves as Manager of Government Relations for the ambulance service.
"It clearly states in two to three different places that you are expressly forbidden to use city property to conduct private business," Ermutlu said. "He should not be sending emails to other cities. He should not be inquiring about calls to the Kennesaw dispatch center."
Ermutlu also said that Mathews set up meetings with the president and vice president of MetroAtlanta Ambulance and City Manager Steve Kennedy to get information from the city's 911 Center, which serves Kennesaw and Acworth.
"You just can't do that," Ermutlu said. "That’s wrong. He's supposed to hold up his hand and say, 'I work for this company. I can't get involved.'"
According to Mathews' biography, his job responsibilities at the ambulance service include building relationships with elected and non-elected officials while keeping officials informed on EMS-related issues.
"There’s really not much too it," Mathews said. "If anybody does any digging on it, they’ll find there aren't any violations."
Mathews declined further comment, referring a reporter to a story in the Marietta Daily Journal. According to the newspaper's report, Mathews told a reporter on May 15 that he "messed up" when he sent a work email from his city email address.
"I don’t have anything to hide," Mathews told the newspaper. "I screwed up, and I sent one email from the wrong account. As soon as I saw it, I let everybody know. It wasn’t on purpose."
Ermutlu, who works part time for Georgia EMS, said that in March, a memo from MetroAtlanta management stated that effective immediately, MetroAtlanta would start running all EMS calls in Kennesaw. According to the Marietta Daily Journal, Georgia EMS had run all of Kennesaw's calls since 1998. When MetroAtlanta Ambulance was designated by the state to service the area in 2001, the city continued to allow Georgia EMS to run its calls.
"Of course, we were like, where did this come from?" Ermutlu said. "There had to be something behind the scenes that (made) this (happen)."
Ermutlu said an unknown person filed an Open Records request with the city of Kennesaw for any EMS-related documents. That file was delivered to Georgia EMS and included emails where Mathews "appeared" to be doing business for MetroAtlanta on his city-issued iPhone and iPad.
That's when the Kennesaw resident decided to move forward with his complaint, starting with the Cobb County District Attorney's Office, which he was told didn't handle complaints such as this. Ermutlu then contacted Governor Nathan Deal's office, where he was told he needed to start at the local level. So, Ermutlu filed his complaint with the city of Kennesaw for the Kennesaw Ethics Commission to hear.
"I’m not a legal expert," Ermutlu said. "I don’t know whether legally this is right or wrong. I think these things are violations, but I’m not a lawyer so I can’t say yes they are. But, I think they need to be investigated to see whether they are."
Ermutlu said he just wanted to find out what was going on.
"I know people are going to say, 'He works for Georgia EMS. He’s going after Mark because he works for Metro,'" Ermutlu said. "It isn’t a vengeance thing. I just happened to be in the right place at the right time."
Anonymous
11:31 am on Thursday, July 5, 2012
For all of the good things Mayor Mathews has done for our city, this sure seems like vengeance. Maybe Mr. Ermutlu needs to find better things to do with his time.
John Himot
5:43 pm on Friday, July 6, 2012
Even Hitler did good things so that is not a very good answer Anonymous. I hope a true investigation comes about so other things can be found out about Mark. Glad to see he has stopped his morning city meetings at a out of city restaurant. Just one of many violations that should be checked into.
John Himot
6:03 pm on Friday, July 6, 2012
Even Hitler did good things so that is not a very good answer Anonymous. I hope a true investigation comes about so other things can be found out about Mark. Glad to see he has stopped his morning city meetings at a out of city restaurant. Just one of many violations that should be checked into. $$$$$$$$$$$$$$$$$ $$$$$$$$$ $$$
D Kelley
12:39 pm on Thursday, July 5, 2012
Mayor Matthews is a snake in the grass and this will come to light if he is doing something unethical. I can tell you I'm not happy with him as a mayor. I have been a resident of Kennesaw since 2000 and the Mayor and others let a full size basketball court be built in a small townhome right next to mine. The noise level alone is like living next to a play ground and I was told this did not violate any codes well I can tell you I had to move out due to the noise and I can't sell the townhouse. It is also very hard to rent the house when prospect tenants see this huge basketball goal and court in such close proximity. So I hope they nail him and the rest of the so called city officials who are suppose to care and property owners and be public servants.
John Himot
5:46 pm on Friday, July 6, 2012
Kelley it is against the city code unless you know the right people , just look at where the mayor lives and all the benefits that area is rec. because he is the mayor.
John Himot
8:45 pm on Saturday, July 7, 2012
Jenny B. while no law or ordinance may be broken, I am sure it would req. a permit to build such a court. The other problem being noise which the city does have a ordinance against. The city itself had courts in the city parks located in many of the neighborhoods which where taken down due to SAFTY issues with gangs and youths just causing trouble. The city has ball fields soccer fields tennis courts and even a skate park. If a Basketball court is needed let it be built at one of these larger parks where people already gather for that type of thing. Once again if a dog barking can get you ticketed why not young people making to much noise as well. As one of the long term residents of 50 plus years I am here to say not all of us are happy with Mark Matthews and the way he has run the city. Next election I will be working to get out a larger vote so all of Kennesaw has a say as to who is running the city.$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
Jenny B.
3:28 pm on Thursday, July 5, 2012
Ummmmm, Dori Kelley, if there are no laws, codes or ordinances preventing a basketball court from being placed in your neighborhood, exactly what did you expect the Mayor or any other City Official to do? Should Mr Matthews stand out there and personally prevent the kids from playing? I'm sure a lot of youth and their parents in your neighborhood are happy to have a safe place to get to some exercise. Mot of us long term residents are quite happy here in Kennesaw and with the current leadership we have elected.
John Himot
5:48 pm on Friday, July 6, 2012
Sorry Jenny you are incorrect many long time residents are not happy with the mayor or the direction the city is going. Sad to say we are stuck with Mark for almost 4 more years. Sad indeed.
John Himot
8:44 pm on Saturday, July 7, 2012
Jenny B. while no law or ordinance may be broken, I am sure it would req. a permit to build such a court. The other problem being noise which the city does have a ordinance against. The city itself had courts in the city parks located in many of the neighborhoods which where taken down due to SAFTY issues with gangs and youths just causing trouble. The city has ball fields soccer fields tennis courts and even a skate park. If a Basketball court is needed let it be built at one of these larger parks where people already gather for that type of thing. Once again if a dog barking can get you ticketed why not young people making to much noise as well. As one of the long term residents of 50 plus years I am here to say not all of us are happy with Mark Matthews and the way he has run the city. Next election I will be working to get out a larger vote so all of Kennesaw has a say as to who is running the city.
The View From Here
3:31 pm on Thursday, July 5, 2012
Both of these comments sound like "sour grapes" complaints. So Dori, you want the Mayor to make an exception for you when there are no covenants regarding Basketball Courts? Instead of complaining why didn't you volunteer to be an active member if your HOA and change the covenants? What makes you so special over your neighbors, or anyone else in the neighborhood? That is the problem with people,they want to play the blame game instead of getting involved and working to make positive changes! This is all so petty!
John Himot
5:51 pm on Friday, July 6, 2012
Most city courts have been removed due to the many problems they caused with the youth. We have codes in place to take care of problems like this court. I would think the noise ordinance alone would solve many of the issues . If they can call the police about a dog barking they can call the police about young people making to much noise as well. Noise is noise.
D Kelley
7:35 pm on Thursday, July 5, 2012
As for Jenny B and The view from Here I will respond to your emails that there are codes for decibel level noise and every time I called the police like I was told to they would not come out with the device to check the noise level. Also we do not have an HOA for this community it was dissolved many years ago. I have since moved to Marietta where I am a Board member for my HOA and I will make sure that a basketball court does not get built in such close proximity. We are talking about a townhouse people not a house with land. If this had happened to one of you I'm sure your emails would be singing a different tune. I reached the codes and there is a grey area that the city of Kennesaw did not want to validate. I can tell you this if I hired an attorney I could have fought it and I can still fight it but I don't have the money, or the time so I moved out of the house. I welcome both you to come by one day to hear the noise and see the basketball court. Also, there is in the codes which they did not want to recognize "set back " rules and water run off. I now have serious erosion under my fence from these neighbors because there whole yard is concrete with no where for the water to go. This is not petty when I had to move out of my home of 12 years.
John Himot
5:58 pm on Friday, July 6, 2012
Sad you had to move Kelley, I do not know who in the police dept told you they could not come out and take a noise sample but that is pure bull. I have seen police being called out for little dogs barking and the owner given a citation for breaking the noise code. You can find the city codes on line. If they can come to your house and measure your grass to see if it breaks code they can come out and see if the noise codes being broken as well. Next election Mark will not be the Mayor of Kennesaw. I do hate you had to move to a HOA neighborhood. We have enough laws and rules on the book to take care of most problems without telling you what type of grass to grow what type of flower or bush you can plant and what color you can paint your home.
Integrity
8:41 am on Friday, July 6, 2012
Integrity:The quality of possessing and steadfastly adhering to high moral principles or professional standard. Mayor Matthews lack all of these qualities. I'm a former employee of the City, who chose to leave to work in the private sector. There are several lawsuits and personal gain going around the City. If nothing is done, the City will fall. Bad decisions are being made and I feel sorry for the employees. Yes, Mark has done some exceptional things but it's time for him to step down. The employees see more than the public eye and it's time.
John Himot
6:00 pm on Friday, July 6, 2012
I hope more city workers come forward and speak up. Ga. has a whistle blower law to protect those that speak up about any local and state Govt issue.
D Kelley
9:31 am on Friday, July 6, 2012
Integrity - thank you for your post. It just confirms what I already know about the City officials. I was not treated fairly when I had a meeting with them about the codes on decibel levels and a full size basketball court in a town home community. They wanted to brush the subject under the rug because they were afraid that my neighbors would raise a stink. They didn't care about my issue with it, There are codes on the books but there are grey areas and I guess they like the path of least resistance. I disliked the politics of Kennesaw so much that I moved to Marietta and I have many friends that feel the same way and would love to move but can't because of the housing market.
John Himot
6:02 pm on Friday, July 6, 2012
Kelly what neighborhood was it you lived in , some of us could go and look into it and force the city to answer up about it.
Bill
7:42 pm on Saturday, July 7, 2012
July 7, 7:50 PM
I thought it must be a mistake to read that Metro was taking over the Kennesaw ambulance dispatches starting Sunday at midnight so I phoned the KPD 770 429-4535 and asked if it were true.
It is.
With at least one and perhaps more ethics complaints filed against the Mayor on this topic it seems amazingly foolish to go ahead with the change now.
There was not much to the accidental use of a City email account, there was 'some' substance to perhaps wanting to change to Metro (where he is a senior employee) but by now making the change to Metro, well that seems to confirm that there is an ethics lapse that needs to be looked at ASAP.
I assume that the City Council and in particular Chris Eton, will be having things to say about the matter. I understand that CBS TV is running the story this weekend.
John Himot
8:50 pm on Saturday, July 7, 2012
That is what Mark is all about, his way or no way. Keep an eye on his subdivision as well and see all of the special treatment it is getting over others. Starting with the Red Light on Jiles while the neighboring subdivision across the street which is older is only allowed to make a right turn out or a left turn in from Jiles. So many other things that he has done that are wrong . I hope CBS does a good job on getting a good story about his ethics and how sloppy they are.
Jim Jimgg
9:49 pm on Saturday, July 7, 2012
I expect that the Ethics folks will be looking at the Mathews issue with the below in mind:
MALFEASANCE - wrongdoing or improper or dishonest conduct, especially by a person who holds public office or a position of trust.
and
MISFEASANCE - Improper and unlawful execution of an act that in itself is lawful and proper.
John Himot
5:11 pm on Sunday, July 8, 2012
Mark Matthews is just like Malware and will do the city much harm if he is not stopped.
Bill
7:43 am on Monday, July 9, 2012
We know that the 5 person Ethics Board meets the 3rd Tuesday of October and is appointed by the Mayor and Council, but it is an 'advisory board'.
Who is it that they advise?
Will they 'advise' the Mayor to quit, not do it again or go sit in the corner for ten minutes? Who are these 5 people?
What happens next?
Some reporter will hopefully find out the answers to these questions and put them in print.
John Himot
11:46 am on Tuesday, July 10, 2012
Knowing Mark the way I do he most likely will have the board meet at Whistle Stop Cafe and buy them a breakfast. They will advise him to leave a 10% tip and leave it at that.
D Kelley
5:47 pm on Monday, July 9, 2012
John Himot - Thank you for standing up for what you believe in and for what is right ! I have a town home on Sand Wedge Circle off Wade Green/McCollum Rd. I would love for you to come over and see what I have to deal with. I am currently trying to rent out the town home but as soon as someone sees the full size basketball court and they hear all the noise they are quick to say never mind its not for me. Now those same neighbors who couldn't afford a new fence when the old one fell in my yard went and got a dog that barks all the time. I had to pay my handyman to put up a new fence because these low life's didn't want to pay for a fence or split the cost. They also constantly walk through my driveway to get to a neighbors house. I don't know about you but I was taught not to walk on someone's property. Just common sense but what am I saying these people don't have any. Kennesaw used to be since back in 2000 when I purchased my home now I can't stand it. Again, thanks John Himot !
John Himot
4:01 pm on Tuesday, July 10, 2012
I will ride by soon as I normaly go out that direction a few times a month. What can be done is to support those who think the same as we do when it comes to these types issues. Support who ever is running against Mark and for who ever supports him on the city council.