Cobb County ethics board dismisses complaint alleging chair advocated for SPLOST materials
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Summary
At a specially called investigatory review, the Cobb County Board of Ethics dismissed a complaint that alleged County Commission Chairwoman Lisa Cupid allowed county materials advocating for the SPLOST referendum; the board said the complaint lacked specific factual allegations showing prohibited use of public funds or an action by the chairwoman.
The Cobb County Board of Ethics on a specially called investigatory review dismissed a complaint by Lance Lamberton that alleged Commission Chairwoman Lisa Cupid permitted county-produced materials to advocate for the county's SPLOST referendum.
The board concluded the written complaint did not present "specific substantiated evidence from a credible source" that would support a reasonable belief that the chairwoman engaged in a transaction or activity prohibited by law. After presentations from the complainant and counsel for Chairwoman Cupid, the board voted to dismiss the matter by voice vote.
Lamberton told the board that county videos and printed materials about the SPLOST referendum crossed from neutral explanation into advocacy, and he said taxpayer funds were used for those materials. "To take $187,000 of our money to advocate for the passage of the mobility SPLOST is, I don't know ... that's just wrong," he said while urging censure or injunctive relief.
Counsel for Chairwoman Cupid asked the board to dismiss the complaint, arguing the filing did not allege that the chairwoman herself took part in any prohibited transaction or that county funds were transferred to a campaign or political committee as the relevant state statute defines a "contribution." "In the end, members of the board, we respectfully ask you to dismiss the complaint," counsel said, citing statutory definitions and court precedents and noting the absence of "magic words" of express advocacy in the materials shown.
Board members questioned whether the ethics board is the appropriate forum to resolve the constitutional and statutory issues raised, and several members said the complaint, on its face, alleged inaction by the chair rather than a concrete prohibited act. Chair Carlos Rodriguez emphasized the board's task is to apply the county code's standard on whether the complaint presents sufficient, substantiated evidence to proceed, not to act as a court.
After deliberation the board approved a motion "to find no specific substantiated evidence from a credible source existing to support a reasonable belief that Chairwoman Cupid violated the alleged code of ethics" and dismissed the complaint. Chair Rodriguez then announced, "The matter is dismissed." The board did not schedule a date for a formal evidentiary hearing and indicated the next meeting date would be announced later.
Votes at a glance: The board approved the motion to dismiss by voice vote (motion made by Leilani Plendall, seconded by Cynthia Smith); no roll-call tally was recorded on the record. A subsequent motion to adjourn was made, seconded and approved by voice vote.
The investigatory review was conducted in public. Board members and counsel cited Cobb County's Code of Ethics and state statutory definitions in arguing whether the materials at issue constituted prohibited spending or merely informational content. The board's written opinion or minutes will record the motion and dismissal.
