Fresh Loaf

In addition to the e-mail Mayor Shirley Franklin sent us responding to my Metropolis column on the nontransparency of her travel records, she has posted another response at http://www.atlantaga.gov/media/medadv_msfethics_092707.aspx.

It reads:

Mayor Franklin provided travel information and a written response to Creative Loafing columnist John Sugg, nearly three weeks ago. While the Mayor responded openly and quickly to Mr. Sugg his column did not reflect that so an updated response is provided here.

“I have requested the City of Atlanta Ethics Officer provide an opinion on the issue. My request was made in writing via email three weeks ago after Ms. Looney and I exchanged emails prior to the Creative Loafing column but following a Creative Loafing Open Records Requests made to Janice Davis, Chief Financial Officer for my travel records. There is ambiguity in the Ethics Code according to written communication I have received from Looney. At her suggestion I requested a formal review and opinion. I await her and the Board’s finding , recommendation and possibly changes to the Code to reflect the clarity that is missing now. Creative Loafing knows all this and received my statement three weeks ago.

I haven’t read the Creative Loafing column and I may not but I suspect Mr. Sugg didn’t like my answer. As someone who has promoted transparency and strong ethical practices for myself and city government I am no stranger to the debate that surrounds developing best practices. Like any other person Mr. Anderson has a right to object or complain. I retain my right to express my opinion as well. It is much easier to complain than to develop and implement progressive, fair and transparent policies than it is to complain. Given the specific circumstances in this case I am not sure Mr. Anderson’s complaint is well founded but instead seems to be a political move since he knows that I have previously requested clarification or recommendations from the Ethics Officer.”

Shirley Franklin

Mayor

I’ll leave it to readers to decipher the message. Did she read my column or not? This missive says she didn’t. The one we received implies she did.

The reference to a “Mr. Anderson” — I don’t think she’s referring to the Keanu Reeves character in The Matrix — may be George Anderson, an activist who frequently files ethics complaints against politicians. He filed two complaints against Franklin earlier this year targeting her family’s business relationships at the airport, an advertisement the airport purchased in Georgia Trend touting the mayor, and the unresolved mystery of who used credit cards issued to the mayor’s office for personal expenses. What that has to do with Mayor Franklin’s travel expenses isn’t clear.

Franklin has made the statement that I was aware that she had requested a clarification to the city’s ethics code. I don’t see that in her e-mails, other than her statement that she demanded a “written accounting” of the ethics officer’s remarks to me. However, one of Franklin’s aides, who asked for anonymity, on Sept. 15 and 17 did mention a possible clarification but gave no details as to the process. That aide wrote: “At some point the Ethics Board will rule on this and we’ll have clarity.” Subsequent requests for information on the mayor’s travel, prohibited sources, etc. received no responses from the mayor or her spokeswoman. The aide who did respond asserted that groups such as the Metro Atlanta Chamber of Commerce “are not prohibited sources,” despite the chamber employing registered lobbyists — there is no gray area in the city code that would allow the chamber to escape the prohibited designation if the group employs lobbyists.

The first specific announcement that the mayor had sought a clarification regarding prohibited sources was contained in an agenda for the Sept. 27 meeting of the city’s ethics board. That agenda was sent out Sept. 26, after the Metropolis column went to print.

Here are Mayor Franklin’s substantive e-mails during the period when I was reporting on her travel:

Aug. 24

John,
I was traveling by car when I responded earlier. Now I have time to respond to the specific questions.

The Department of Finance keeps the official financial records of the city and you correctly requested records from them. I have requested the CFO to address the questions about the files, cost, unrelated documents and the state of the documents you received. I cannot explain any of this as I am not familiar with the records management system used to maintain files, the reasons for the unrelated documents, etc. Additionally, the Department of Finance manages and processes all City expenditures including my travel in my official capacity as Mayor with the exception of the situations I have described in previous communication. I have never requested a per diem payment and have requested reimbursements for very few out of pocket expenses instead paying most out of pocket miscellaneous expenses personally. The hotel charges would have been made on the city issued credit card and paid as part of the city’s master credit card bill possibly accounting for why those records were not in my file. The total expenditure is a matter of record in the budget under the appropriate account, though all travel expenses, mine and staff, would be included in the total budget calculations kept again in the Department of Finance. As for the purposes, accomplishments, agenda/schedule of each of my trips and follow up to my knowledge there is no central file to provide this information on a trip by trip basis.

With regard to any comments the Ethics Officer made to you, I have requested a written accounting of Ms. Looney’s comments to you. In the meantime, I will reserve my response to your questions until I have received this accounting except to say that no private individual, for profit company or “prohibited source” as defined by the Code has ever covered the cost of my travel either in my official capacity as Mayor or as a private citizen since I assumed office in January 2002.

I appreciate your pointing out the personal information you received, I assume inadvertently. As a result of this disclosure I have been forced to request new credit cards to protect myself.

The Ethics Officer has the obligation to promulgate polices, to investigate alleged violations and to strengthen the city’s implementation of the Code. I trust she will do so after seeking the advice of counsel and her board.
Shirley

Earlier on Aug. 24

I am responding to your media inquiry about my travel expenses from 2005-2007.

Since 2003 to date, I routinely travel to meet with congressional leaders, public officials and others to strengthen international, business and cultural partnerships that promote the City of Atlanta.

In reference to your specific inquiry for the years 2005-2007, it is my recollection that my out of town trips were for city business and the expenses were covered by the City of Atlanta or the sponsoring non-profit organization. Some of the organizations during that specific time period include, the United States Conference of Mayors; the Atlanta Regional Commission; the Georgia Municipal Association; Atlanta Development Authority; Initiative for a Competitive Inner City; the Metro Atlanta Chamber of Commerce; the Rockefeller Foundation; the Milano School for Public Policy; International Center for the Training of Leaders and Authorities (CIFAL), United Nations Institute for Training and Research (UNITAR), and CARE USA. In 2005 when I was recognized by the prestigious Kennedy Library in Boston with the Profile in Courage award for my role as mayor of Atlanta I personally paid for those travel expenses.

In response to some specific examples that you mentioned, my travel to Vancouver, Canada was an Atlanta Regional Commission Link trip in which my expenses were paid for by the City of Atlanta. Travel to China, Japan and Korea were paid for by the Metro Atlanta Chamber of Commerce and CARE, USA paid my travel expenses to South Africa. All of these trips were widely reported in local and national media as well.

In each of the examples above and other business trips for not-for-profit, trade, civic or community organizations, I participated in my official capacity as Mayor. None of these essential and invaluable partners have missions that include pursuing business with the City.

I account for every gift that is given to me as Mayor and the gifts are stored or displayed in City Hall. Since 2003 I have submitted the gift log to the City of Atlanta Ethics Office.

I am not aware of any Ethics Office forms, process or procedures that I have not complied with.

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