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Dawsonville ethics board dismisses complaints against three council members
Summary
The Dawsonville Ethics Board voted unanimously March 9 to dismiss three ethics complaints against Council members Phillips, Ilk and Sawyer, finding the reported conduct did not match a specific violation in the city's written ethics code; board members noted the concerns might fall outside the board's enforcement authority.
The Dawsonville Ethics Board voted on March 9 to dismiss three ethics complaints filed against Council members Mr. Phillips, Mr. Ilk and Miss Sawyer, ending the matter in open session after a brief executive session.
The board's decision, approved by raised hands and recorded in the transcript as a unanimous 4-0 vote, followed a legal and factual discussion that centered on the scope of the city's ethics code. A committee member who explained the rationale said the conduct described in the complaints "was inconsistent with the oath of office and the standards that we should expect from our elected officials," but added the board's duty is limited to enforcing the written provisions of the ethics code and that the code does not treat an oath violation alone as an enforceable ethics violation.
Board members opened the meeting at 5:30 p.m., called roll and briefly recessed to an executive session under the personnel exception of the Open Meetings Act to discuss possible disciplinary action involving a city officer. On returning to open session, the city attorney and clerk confirmed the purpose for the closed session for the minutes.
During open deliberations a member urged that while the facts raised serious questions about compliance with city ordinances and the oath of office, the board must apply the ethics code as written. "Because we must apply the ethics code as it currently exists, I do not believe that there's sufficient basis to sustain an ethics charge in this case," the committee member said.
Following that explanation, a board member moved to dismiss the three complaints as unjustified; the motion was seconded and the board voted to dismiss the matters against Mr. Phillips, Mr. Ilk and Miss Sawyer. No further penalties or follow-up hearings were scheduled during the meeting.
The meeting concluded after the board voted to adjourn. The record shows the board considered whether other legal or governmental processes might address alleged oath or statutory breaches that fall outside the Ethics Board's jurisdiction.
