Attorney’s letter alleges outside ‘improper influence’ on city operations

Published 2:10 pm Wednesday, June 13, 2018

THOMASVILLE — Albany attorneys representing residents concerned about Thomasville city government want communications between Thomasville City Council members and a private citizen, along with communications involving the possible termination and replacement of the Thomasville police chief.

“We maintain significant concerns that certain individuals have obtained an improper influence in the public process and that many actions outside of the current dispute are being ‘influenced’ by a select few,” stated a letter from Christopher S. Cohilas, a lawyer in the law firm of Watson Spence. “This has been evident in matters involving the Payroll Development Authority as well as with the city police department.”

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Attorneys have obtained credible information that acts of Mayor Greg Hobbs and city council member David Hufstetler have — on multiple occasions — improperly shed their roles as policymakers and directly inserted themselves into city government operations, according to the letter emailed Tuesday to city attorney Tim Sanders.

The letter continues that Thomasville has a city manager form of government that prohibits council members from inserting themselves into city operations.

“The purpose of this distinction is important. It prevents too much power being vested with one or two individuals, and thus prevents corruption of the public process,” the document states.

“To this end, we know that (Mayor) Hobbs and (Councilman) Hufstetler have outside of any public meeting worked to directly influence the development of the Falcon plan,” the letter states. “This most certainly explains why the City of Thomasville does not possess a copy of the plan that (Mayor) Hobbs and (Councilman) Hufstetler secretly addressed.”

Read the full letter below: 

The letter continues that improper and secretly-coordinated actions have been persistent and pervasive on multiple fronts.

Originally, the Falcon engineering firm designed a South Pinetree Boulevard plan for Thomas County commissioners, who later signed over the Falcon plan and rights-of-way on the stretch to the city.

The letter demands that an open and transparent ethics investigation be conducted by the city to address actions relative to:

• All non-public communications relative to the Falcon plan and its adoption.

• The veracity of allegations that Hobbs has directly inserted himself into management decisions relative to the Thomasville police chief, that he has ordered Thomasville Police Department employees to provide false and/or defamatory information relative to Police Chief Troy Rich, and he has been personally and secretly interviewed candidate(s) to replace Rich.

• All communications between Hobbs, Hufstetler and Monty Lewis relative to city matters.

“Additionally, any and all personal and financial relationships between these parties should be, in our opinion, a subject of this inquiry,” the letter states.

The law firm requests written communications, emails and text messages between and/or from Rich and/or police command staff and/or the sheriff’s office, city council/city staff or Thomasville-based Senior Assistant District Attorney Ray Auman that relates to interviews being conducted for the position of police chief and/or discussion that relates “in any way possible” to the possible termination and/or replacement of Rich.

The request applies to between April 12 and June 12, 2018.

Lawyers want all expense accounts information, expense account expense/reports and credit card statements related to or incurred by all city council members between Jan. 1 and June 12, 2018, along with written communications, emails, text messages between to or from any member of city council and/or Monty Lewis.

An earlier letter to city officials from the Albany law firm was in regard to the council’s surprise vote on three-laning South Pinetree.

The subject, which was not on the meeting agenda, was voted on at the end of a May council meeting, passing in a 3-2 vote. There was no vote to add the item to the agenda.

The Wednesday letter says the city attorney’s interpretation of an exception when such action can be taken “suggests that so long as a majority of city council members subjectively believe something is necessary to address, then they may simply avoid the notice requirements of the Open Meetings Act.”

Prior to the council action, no council member had been publicly presented with the Falcon plan, the letter states, and the only way for the city to “conveniently and spontaneously” conclude the Falcon plan was necessary to address was for a majority of individual council members to “privately collude” outside a public meeting to have the matter approved without advance public notice, according to the document.

The letter includes the following requirements of Georgia’s Open Meetings Act and Open Records Act:

• Notice must be posted at least one week in advance of regular meetings. Post it at the place of the meeting and on your website and let the press know.

• Special meetings usually require at least 24 hours notice, though there are are special situations where less than 24 hours notice is permitted if circumstances demand it. Immediately give notice to the legal organ for meetings that are not regular meetings.

• Agendas for meetings should be specific enough to advise the public of the matters expected to come before the agency. Matters outside the agenda can be addressed if they were not anticipated before the meetings. 

Senior reporter Patti Dozier can be reached at (229) 226-2400, ext. 1820