Cobb County Board of Ethics reaffirms dismissal of untimely complaint against three commissioners

The Cobb County Board of Ethics voted to reaffirm its prior dismissal of a complaint filed by Larry Savage against Cobb County Commissioners Lisa Cupid, Jerica Richardson and Monique Sheffield, concluding the complaint was not filed within the six-month window required by the county code of ethics.

The board met in a specially called public session that was broadcast on TV23 to reconsider whether the complaint, filed with the county clerk in December 2024, should be reinstated. Lynn Rainey, board counsel and recording secretary, told the board: "The code states, 'the Board of Ethics shall dismiss a complaint which is untimely filed.'" The board limited its review to whether the complaint was timely and told Savage it would not consider new testimony or materials not already filed.

The complaint alleges violations tied to the county commissioners' adoption of a home-rule redistricting resolution enacted Oct. 25, 2022. Complainant Larry Savage argued the conduct constituted a continuing violation because the October 2022 resolution remained on the books and related litigation continued through 2023 and 2024. "The violation continues," Savage said during his remarks, describing a sequence of court rulings and appeals that, in his view, left the original resolution effectively in force.

Board members disagreed on whether the county code allows tolling of the six-month filing deadline while related litigation is pending. Chair Carlos Rodriguez, presiding over the meeting, summarized the board's reading of the code and moved to dismiss Savage's complaint as untimely. The motion was seconded and carried after the chair called for the ayes and heard none opposed. The board did not record individual roll-call votes.

The board followed the county code language cited by counsel: a complaint must be filed within six months of the date the alleged violation is said to have occurred, with a single statutory exception for concealment or nondisclosure and discovery after due diligence. Members said no provision of the code expressly tolls the deadline for the pendency of related court proceedings or for a continuing failure to repeal a prior resolution.

After the vote the chair thanked Savage for his participation and reiterated the board's obligation to apply the code as written. The board noted it will meet again May 28 at 3:30 p.m. (statutory meetings are required in May and October), and may call special sessions if required by future complaints.

Votes at a glance

- Motion to dismiss Larry Savage's complaint filed 12/19/2024 against Chair Lisa Cupid, Commissioner Jerica Richardson and Commissioner Monique Sheffield as untimely filed — Motion made from the chair; second not specified; outcome: dismissed. The board did not record individual roll-call votes; the chair called for ayes and none opposed.