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10-19-1979 Special Called Meeting(Continuation of October 15, 1979 Meeting) Citizens Program fund. Another piano has already been purchased for the center. Jim Hawkins seconded the motion which carried by a 7-0 vote. Bids for the surplused piano will be opened at the next Council meeting. Jim Tolleson stated since some of his political foes had chosen to go to the press with the story concerning the removal of voter registration cards from City Hall, he felt that an explanation was in order. After discussion this allegation with an attorney, he understood that the removal of voter registration cards from a desig- nated area of the registrar's desk could be a violation of Georgia law. Mr. Tolleson's statement is as follows: "I did not remove the cards from the registrar's office, or her desk. Several weeks ago when I was at City Hall Annex sitting at the Mayor's temporary desk and where our mailboxes were kept, I noticed a large number of voter registration cards on the Mayor's desk. I assumed they were there for the purpose that I used them for. Since citizens from time to time ask you about getting registered and after explaining the procedure that you have to go to City Hall from 8:30 to 5:00 Monday through Friday, you usually get the same answer. That is, 'I work and I can't get to City Hall.' I am running unopposed so no matter how many people I registered, or didn't register, it wouldn't matter. I still don't know why the cards were on the Mayor's desk, if the law states it is the responsibility of the registrar to keep the cards in a designated area. So I want to say that I welcome an inquiry into the matter by an outside agency, as to why the cards were lying about and who other than Jim Tolleson removed the cards. I understand that the.removal of the cards has been a common practice for a number of years and I can produce at least two witnesses who were given the cards on other occasions, as well as absentee ballots." John Steely commented that he, too, was concerned and had aske& why the cards were left lying out. It -had been explained to him that Nora Proctor, Registrar, had put the cards on the front desk for the receptionist, who had removed the cards from the desk to put them in sequence. Mayor Johnson he came by City Hall at least twice a day and he had never seen the cards lying on top of the desk. Since there has been some discussion and,some allegations made, Mayor Johnson asked Mr. Steely, Mr. Coalson and Mr. Hawkins to serve on a committee to look into the matter. They are to meet with Mr. Tolleson to discuss it, and report back to the council with their findings. Jim Farley stated the Civil Defense vehicles and rescue squad needed to be re - licensed. Mr. Farley was asked to bring this up again after the budgets had been approved. John Steely stated the next Council meeting should be held in the City Hall Council Chambers. The renovation should be completed at that time. Mayor Johnson stated a suit had been filed against the City by J. F. Shaw, Jr., Jack E. Crowder, Harris B. Mosley, A. D. McGauhey, Jr., and Harvey L. Nix, due to the City's refusal to rezone property on South Cobb Drive. Elbert Coalson made a motion that Attorney Charles Camp be appointed to represent the City in this suit. Jerry Mills seconded the motion which carried by a 5-2 vote. Jerry Mills, Elbert Coalson, John Steely, Jack Shinall-and'Jim Hawkins voted for. Bill Darby and Jim Tolleson voted against. Mayor Johnson advised that Smyrna Cable TV wanted to start televising the Council meetings and if the building was finished, the first meeting in November probably would be televised. ` Announcements - The Jonquil Breakfast will be October 17th. The next Council meeting will be November 5, 1979. Meeting adjourned at 8:35 p.m. October 19, 1979 A special called meeting of Mayor and Council was held October 19, 1979 in the Court Room of the Smyrna Police Station. The meeting was called to order by presiding officer Mayor Frank Johnson, at 5:00 p.m. All Council members were present. Also present was City Clerk Willouise Spivey and Finance Director Gunter Newsom. Invocation was given by Councilman Elbert Coalson, followed by the pledge to the flag. (Continuation of October 19, 1979 Meeting) The meeting is being called in accordance with Section 2-21 of the Code of Ordi- nances, to consider a request from the Finance & Administration Committee that an investigation be conducted by the Chief of Police, City of Smyrna. Bill Darby, Chairman of the Finance & Administration Committee read the following letter from his committee: "We the undersigned members of the Finance & Administration Committee of the Smyrna City Council request that the Mayor and City Council of Smyrna empower the Chief of Police to investigate circumstances surrounding the unauthorized copying of City of Smyrna files. At the City Council meeting of October 15, 1979, Maurice Lefevre stated that he had in his possession a copy of a letter obtained from the City files in the possession of the City's Director of Finance & Administration. This file was stored in the desk of the Director of. Finance & Administration. We as members of the City Council Finance & Administration Committee would like to know how this unauthorized copy was made and how the copy came into the possession of Maurice Lefevre. We further request that the Chief of Police be empowered to utilize whatever sources of the City he deems necessary in this investigation and that adequate funding of this investigazion be made available. We also request that the Chief of Police be authorized to request the assistance of any other law enforcement agency and that he be granted the use of City Council subpoena powers to be utilized in this investigation." Bill Darby made a motion the Chief of Police be authorized to proceed with this investigation. Jerry Mills seconded the motion. Jim Hawkins asked an explanation as to what crime had been committed and what crime we were investigating. Jerry Mills stated he was not saying a crime had been committed, but he would like to know how Mr. Lefevre obtained a copy of a letter from Mr. Newsom's file, when copies had not been made by Mr. Newsom or any other' city employee. Mr. Lefevre stated, and is quoted in the minutes as saying that the copy of the letter in his possession was obtained from Mr. Newsom's file. Jim Hawkins stated that under the State law if a crime has been committed or a crime is suspected of being committed, the Chief of Police can conduct an investi- gation into anything that he wants to. This is nothing more than a kangaroo court which has been convened for political purposes. We do not have to have a special called meeting to empower the Chief of Police to investigate anything. John Steely replied that if it is possible for anyone to obtain copies such as this from anyone's desk in City Hall, then our security is in jeopardy. Jim Hawkins stated Council did not need the authority to empower the Chief of Police to proceed with this investigation, this meeting was being staged for the benefit of the newspaper. Mr. Coalson stated he had a key to City Hall and would welcome an investigation or lie detector test himself. Mr. Hawkins stated that he, too, would be happy to cooperate in any investigation. The point is, this meeting should have never been convened to empower the Police Chief to conduct an investigation. There is no need to have a special called meeting everytime a crime is committed in this city. Mayor Johnson replied this meeting was called, as he understood it, to identify to the Chief of Police that possibly there were certain infractions of the security in the City at stake. He was not aware of that, and was only made aware after Mr. Lefevre's statement that the information he held in his hand came from the Finance & Administration Director's desk. This meeting is to call attention to the Chief of Police that there had, in fact, been some breach of security. It is not a crime, but a breach of security. If it is detected later to be a crime, then it will be dealt.with later as such. In a case like this, the investigation would be a search for evidence and this meeting is to decide if, in fact, it should be done. Bill Darby stated he took offense with Mr. Hawkins saying this meeting was strictly for political reasons. Further, he has no political ax to grind. If the Council feels the investigation is unwarranted, then they should vote against it.