Dekalb County Executive Order

Office of Interim Chief Executive Officer
DeKalb County, Georgia
Lee N. May
Interim CEO

Executive Order No. 2015-1
Appointment of Special Investigators
WHEREAS, it is necessary and appropriate that DeKalb County Government model the highest
standards of integrity; and
WHEREAS, as Chief Executive Officer of DeKalb County, Georgia, I am committed to, and
have established as one of my highest priorities, the restoration of the public’s trust in our county
government; and
WHEREAS, Pursuant to subsections 13 (a), (d), (g), and (h) of the Organizational Act of
DeKalb county, the Chief Executive has the authority to appoint Special Investigators to
investigate the affairs, records, expenditures of employees and departments under the authority
of the Chief Executive Officer; and
WHEREAS, it is my firm belief that the Special Investigators will assist in restoring public
confidence and trust in DeKalb County Government, and set high standards of integrity; and
NOW, THEREFORE, I, Lee N. May, Chief Executive Officer of DeKalb County, Georgia, in
consideration of the aforementioned, do hereby appoint Michael J. Bowers and Richard L. Hyde
as Special Investigators to provide a thorough systematic review of DeKalb County Government
policies and procedures to identify any conflicts of interest, corruption or malfeasance and make
specific recommendations in an effort to improve county operations, restore our image and the
public’s trust in county government and order as follows:
1. The Special Investigators shall be independent and shall be appointed for a term, not less
than 120 days, subject to extensions by the Chief Executive Officer necessitated by the
findings of the Special Investigators. The Special Investigators shall be assisted by the
law firm of Balch & Bingham, LLP or others they deem necessary to carry out their
duties as Special Investigators. The Special Investigators shall be provided funding
determined by the Chief Executive Officer for the performance of their functions. Also,
the Special Investigators are authorized to retain, at the county’s expense, a certified
public accounting firm, if necessary, to assist in performing a forensic audit of any unit of
DeKalb County government under the authority of the Chief Executive Officer.
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2. The Special Investigator shall:
a. Evaluate the need to establish an Inspector General office or a similar government
position;
b. Review internal investigation protocols;
c. Review the County’s internal controls (Enterprise Risk Management);
d. Review personnel policies and procedures to ensure proper hiring practices;
e. Review the County’s financial controls to ensure the Finance and Budget
Departments are achieving their objectives;
f. Review the DeKalb County Ethics Code and other existing county oversight
mechanisms to ensure that the county is operating with the highest ethical
standards;
g. Review past and current procurement policies and procedures to determine if
employees or officials participate in bid rigging, kickbacks or interfere with the
selection of vendors;
h. Receive, initiate and investigate complaints concerning allegations of corruption,
fraud, criminal activity, conflicts of interest or abuse in DeKalb County
Government by any current official or employee under the direction of the Chief
Executive Officer;
i. Determine, with respect to allegations of corruption, fraud, criminal activity,
conflicts of interest or abuse in DeKalb County Government, whether referral for
disciplinary action, civil or criminal prosecution, or further investigation by an
appropriate federal, state or local agency is warranted;
j. Operate a telephone hotline to receive confidential calls about the work of the
Special Investigator from county officials, employees and the public;
k. Perform any other functions as authorized by the Chief Executive Officer that are
necessary or appropriate to fulfill the duties and responsibilities of this position;
l. Review the County’s motor vehicle take-home policy.

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3. The Special Investigators shall be given full access to employees and records of the
County, including, but not limited to, pending investigations, except those conducted by
the District Attorney, the Federal Bureau of Investigations, the Unites States Attorney
and other law enforcement agencies;
4. Responsibilities of current officials and employees under the authority of the Chief
Executive Officer:
a. In addition to any other reporting obligations, promptly report to the Special
Investigators any information concerning corruption, fraud, criminal activity,
conflicts of interest or of other allegations of misconduct in DeKalb County
government;
b. Interference with, obstruction of or dishonesty with the Special Investigators, or
their designees, by an official or employee of DeKalb County Government under
the direction of the Chief Executive Officer may constitute cause for disciplinary
action, up to and including removal from office or employment or other
appropriate penalty;
c. Prior to any such questioning, the official or employee, upon request, shall be
afforded a reasonable period of time to obtain legal representation at his or her
own cost;
d. No official or employee who complies with this directive shall be subject to
retaliatory dismissal, discipline or other adverse personnel action, based upon a
truthful report.
5. Additionally, the Special Investigators or their designee shall have the power to:
a. Require the production of any documents or other such material reasonably likely
to lead to the discovery of evidence relevant to any investigation, examination or
review unless the Chief Executive Officer would not otherwise be entitled to
review the documents or other such material. This power does not include
documents or other such material related to Shoenthal, et al v. Shoenthal, et al,
DeKalb County Superior Court, Civil Action No. 14-CV-8263-10;
b. Require any current official or employee under the direction of the Chief
Executive Officer to answer questions concerning any matter related to the
performance of his or her official duties, consistent with contractual, statutory and
constitutional protections. The refusal of any official or employee to answer
questions or to fully cooperate with the Special Investigators may be cause for
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disciplinary action, up to and including removal from office or employment or
other appropriate penalty.
6. The Special Investigators may make interim reports, at their discretion, to the Chief
Executive Officer, DeKalb County District Attorney, or other appropriate entities, any
evidence of misconduct that is discovered.
7. The Special Investigators shall prepare a report for the Chief Executive Officer and the
public concerning the operations of DeKalb County government. Those findings shall be
the opinions of the Special Investigators and may include the following:
a. Recommend programs and controls to improve county practices;
b. Recommend new or enhanced controls for county departments under the direction
of the Chief Executive Officer;
c. Recommend additional practices and resources (personnel, equipment, etc.)
necessary to implement, carry out and monitor these recommendations;
d. Recommend enforcement and accountability guidelines;
e. Recommend internal investigation protocols if needed;
f. Recommend disclosure protocols if needed;
g. Report to the DeKalb County District Attorney, or other appropriate entities, any
evidence of misconduct that is discovered.
8. Fees
a. The Special Investigators shall be paid for this investigation as follows: Mr. Bowers
and all attorneys will bill at a flat rate of $400 per hour; Mr. Hyde and all
investigators, at a flat rate of $300 per hour. Paralegals will bill at $150 per hour.
The Special Investigators will submit a monthly report to the Chief Executive
Officer detailing the hours worked by individual and by task; this report shall
include all expenses of the investigation incurred to date.
9. Distribution of Executive Order
a. This Executive Order is to be distributed to each appointed official, manager, and
employee under the supervision of the Chief Executive.

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10. Effective Date
a. This Executive Order shall take effect immediately upon signature and
publication.

SO ORDERED this

OF

, 2015.

LEE N. MAY
Interim Chief Executive Officer

ATTEST:

BARBARA H. SANDERS, CCC
Clerk to the Chief Executive Officer
and Board of Commissioners

This Executive Order shall remain in the custody of the County Clerk. Certified copies are
available upon request.

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