An investigation has concluded that Hall County Commission Chairman Tom Oliver committed no crimes when he paid a consultant without the formal approval of the Hall County Board of Commissioners.
In a letter to Hall County District Attorney Lee Darragh dated Jan. 28, Charles C. Olson, general counsel for the Prosecuting Attorneys Council of Georgia, recommended that Darragh close the investigation.
“In light of the finding that ‘there is insufficient evidence which would support a conclusion that there is probable cause to believe that any crimes have been committed’ and that the Prosecuting Attorneys Council of Georgia recommends to me as District Attorney that ‘this investigation be closed,’ no further action will be taken by this office,” Darragh said.
The Prosecuting Attorneys Council — an association of district attorneys and solicitors general that occasionally provides legal counsel — reviewed a Georgia Bureau of Investigation probe of the payments to former Gainesville City Manager Carlyle Cox, the severance package paid to former commission clerk Michelle Smallwood and construction contracts at both the North Hall and Cool Springs parks.
The investigation found no wrongdoing in any of the three instances.
“I’m just glad the investigation is over,” Oliver said.
In March, Oliver admitted that he had been paying Cox as a consultant on wastewater issues without the approval of the board. Following complaints from a group of county residents, Sheriff Steve Cronic requested the GBI investigation and Darragh asked the council to investigate.
Olson wrote in his report to Darragh that during an interview with former County Administrator Jim Shuler, Shuler said he and two other commissioners knew about Oliver’s payments to Cox though they were never formally approved.
“It is clear that members of the board, the county administrator and others had a good faith belief that the chairman was authorized to approve these payments at the time they were made,” Olson wrote. “Although the procedures may not have been in strict compliance with county policies and procedures, based on the evidence available, there is insufficient evidence that this conduct violated the criminal laws of this state.”
Olson’s letter notes, however, that neither Cox nor Oliver agreed to be interviewed by the GBI during the investigation.
“In Georgia, there must be evidence that a crime has been committed before the District Attorney may invoke the subpoena powers of the grand jury,” Olson said.
Complaints were also made about the severance package of Smallwood, who was employed with the county from 2000 to 2007.
Smallwood’s initial employment contract, signed Oct. 9, 2000, included a provision that Smallwood would receive a “lump sum cash payment equal to three (3) months aggregate salary” plus benefits if terminated “before the expiration of the term of employment” other than for specified misconduct.
The contract was amended in 2002 and again in 2007. The last revision increased her severance pay to six months and eliminated the county’s obligation to pay her employee benefits.
Olson wrote that the GBI investigation did not uncover any evidence to support criminal investigation into Smallwood’s contract.
“I begin by noting that severance packages are a common feature of employment contracts and that the Georgia Court of Appeals has upheld the inclusion of severance provisions in local government employment contacts against arguments that such provisions were not properly approved by the local governing authority,” Olson said.
The final complaint alleged that county bid procedures were not followed when officials awarded the construction contract for work on the North Hall and Cool Springs parks.
“The GBI investigation did not discover evidence of criminal conduct that would warrant further investigation. In addition, no evidence of nepotism was uncovered by the GBI investigation in reference to the construction bid being awarded to Charles Black Construction over other companies because of alleged family business relationships between Charles Black Construction and County Commissioner Steve Gailey.”