Newspaper sues Pendergrass for open meetings, records

Wednesday, September 9. 2009

The Jackson Herald filed suit in Jackson County Superior Court Wednesday morning asking that all future meetings of the Pendergrass City Council be held according to the law. In addition, the newspaper asked the court to order the city to make available documents requested in August under the state’s open records law that have not been forthcoming.

“This is not an action we wanted to take,” said Herald editor Mike Buffington. “But it’s clear that the mayor and other city officials do not intend to follow the law regarding open meetings or open records. The Mayor said as much last week when he said he’d do ‘what the hell I want to do’ regarding Pendergrass’ government. In light of such open defiance of the law, we have no choice but to pursue a legal remedy in the courts.”

The suit is filed against the city and against the mayor and individual city council members.

The Herald is represented by the Mike Bowers' lawfirm of Balch & Bingham of Atlanta.

For the complete story, see the Sept. 9 issue of The Jackson Herald.

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#1 Ley on 09/09/09 at 03:08 PM [Reply]

Finally! Thanks, Mike for having the guts to do what no one else has done yet. Garner, Katherine and Scott did what they could, thanks for stepping up and carrying it through a little farther!

#1.1 Are you kidding? on 09/09/09 at 10:42 PM [Reply]

You have absolutely have to be kidding!! Garner and Rogers have been "breaking it off in peoples" a_ _ es from the day they were hired. The only thing they wish to obtain from their suit is to continue pillaging the travelling public. Whether or not the paper decides to print their opinion, the last thing Pendergrass needs is the two stooges being able to do exactly what they have tried and hoped to do, which is see how many tickets they can write in a 24 hour period.

#1.1.1 Unbelievable on 09/10/09 at 07:54 AM [Reply]

Obviously you don't have any respect for the law. Garner and Roger's wrote tickets to people who were breaking the law! As the parent of a law enforcement officer I am appalled by your comments. Walk a day in their shoes before you so easily pass judgement.

#1.1.1.1 No, I believe it on 09/10/09 at 04:29 PM [Reply]

I hope your kid doesn't make a living writing tickets for window tint violations, and that he or she instead investigates real crimes or takes drunk drivers off the road.

#1.1.1.1.1 Yeah, Yeah, Yeah on 09/10/09 at 09:28 PM [Reply]

We can argue all day long on here about how big of an issue window tinting is...it seems to me, the stooges are the officers that didn't come forward, like these two did, to try and clean the "trash" out of Pendergrass. The big issue here is the fact that the entire government in Pendergrass is screwing it's citizens over and at this point barely even making an attempt to pretend that they're not. Anyway...like it's not obivious that "Are you kidding" is part of the Family?!?!?!

#1.1.1.1.2 Unbelievable on 09/11/09 at 10:23 AM [Reply]

My kid writes tickets for any and every law that is broken! That's his job!! That's the oath of office he took!! Do you think only some of the laws should be upheld?? Every law on the books in the state of Georgia is there for a purpose. Maybe if your kid risked his life every day you'd feel differently about it. I thank GOD that we still have law enforcement officers who do their jobs and don't make up the rules as they go! He takes plenty of drunks off the roads, recovers drugs, drug money, people with outstanding warrants,etc. and yes , even window tint violations!!!!!!!

#1.1.1.1.2.1 Rob Short on 09/13/09 at 07:00 PM [Reply]

I think it's fantastic that your kid is taking drunks off the road and putting people in jail for drugs etc., I pray to God that he never does get hurt for doing his job protecting people. However, if he is honestly writing out a ticket for each and every single law on the books in GA, that is ridiculous. Have you ever heard of discretion, there is a reason that officers are allowed to issue warnings versus citations for every stop, I would hope your kid is able to make those judgement calls appropriately. I do have respect for the officers that are out there protecting us, God Bless them.

#1.1.1.1.2.1.1 Unbelievable on 09/14/09 at 08:47 AM [Reply]

Rob - Thank you for your support of our law enforcement officers. My son does use discretion in writing tickets - I was just stating that some of the "lesser" violations are written by other agencies as well as Pendergrass. Many, many criminals are taken off of the streets each day by officers who make stops based on "minor" violations. Individuals driving without licenses, outstanding warrants and yes even drugs and concealed weapons are arrested because of these type of stops. Everytime a law enforcement officer approaches a vehicle they are risking their lives. Now if that window is tinted beyond the legal limit, how can they tell if the person inside that vehicle has a gun pointed at them or not? I surely wouldn't want to approach that car - would you?

#1.1.1.1.2.1.1.1 JB on 09/18/09 at 08:10 PM [Reply]

Garner and Rogers are still peons. Small town police departments should not be able to make more than 25 to 30% of budget from traffic offenses.

#1.1.2 White Knight on 09/10/09 at 10:17 PM [Reply]

Why is it that the front line Police Officers, always get the blame? For doing what their superiors tell them to do? In case you aren't aware Pendergrass has a Mayor, and a Police Chief! They seem to have No Problem FIRING the Garner & Rogers officers? When they refuse to do follow their ORDERS and be the Pendergrass Nazi Squad! Just watch! Unless POST or the GBI step in, IT WILL BE BUSINESS AS USUAL at Pendergrass! Without Garner or Rogers!!!!

#1.1.3 Are you kidding? on 09/14/09 at 06:44 AM [Reply]

Please note that the previous post does not represent the views of the TRUE "Are you kidding?" its subsidiaries or parent companies. Are you kidding enterprises requests that you find a new more suitable screen name that does not include “Are”, “you”, or “kidding” as this constitutes an infringement of Are you kidding Inc.

Thank you for your assistance with this matter
AYK

#2 JAUTRY on 09/09/09 at 03:58 PM [Reply]

It's unfortunate that some people decide that they are so far above the law, and the rest of the common people for that matter, that they can do whatever the want with no remorse or fear of retribution. I am sorry that the Herald had to go to such extremes because of one gathering of idiots, but it unfolded that way. Now I hope the pressure on Tolbert and his clan is brutal and relentless. You pay for a show, you might as well get one. I suspect the trail left by Tim Madison is still warm, so they should have no trouble finding their way to where they need to go!

#3 Sick and tired on 09/10/09 at 02:49 PM [Reply]

Bravo!!!!

#4 LLOYD O'DENNIS CLAY on 09/11/09 at 01:25 PM [Reply]

well when you write tickets the same for everyone than that is one thing. I am 50yrs old and I have not heard of anyone getting a ticket for a load muffler since I was in high school.
But in Pendergrass, Ga one of my drivers did and he had mufflers on the truck and has had the truck for 8 years and has driver thru Pendergrass, Ga to and from work over the past 5 years and no one ever said a word about it. I sit in my office hear behind the QT warehouse and hear the dump trucks go up and down 129 and raddled the windows in my office and I have yet to see Pendergrass stop them for load muffler or even worse no muffler at all. Also they do not seem to care that the motorcycles that run up and down 129 have no mufflers cause I have seen them pass the Pendergrass PD and they did not stop them. For someone to work for a dept that is as crooked as Pendergrass makes the as wrong as the so called superiors because they knew that what they were doing was wrong and now one was holding a gun on them to make them do what they did. The only reason they even work for Pendergrass is because they are not qualified to work at a reputable dept. (Broader patrol is begging for help if you qualify for the job and you will not have to put up with the type of underhanded superiors like in Pendergrass, Ga) You know putting his life on the line for others is what he signed up for and if he likes it and he does his job in a respectful manner than I applaud him and hope he is always safe in his job. But I drove a truck for over 30 years and even saved a life or two and that is not what I signed up for but I did it because it was the write thing to do not because I was getting paid to do it. But you know what just one dumb ass truck driver makes it hard on all of us who try to do the right thing. And the same goes for the police. You know not ever law that is broke needs to be written a ticket some time tell someone that their window tint is to dark or mufflers are to loud will get the items fixed but when you use this to fund a city that that is wrong and I bet you could count on one hand how many people that did not get a ticket in Pendergrass when stopped just because they officer was not concerned with making money for the town. Police officers are brave people and I am glad we have the most of them but there are a lot that we need to get out of uniform. Next time you see your son ask him if he drive the speed limit in his police car and if not than what gives him the wright to speed if he is going to write me up for the same thing.(And before you puff up I am not talking about when he is on a call or making a stop).

#4.1 What the Heck on 09/11/09 at 03:27 PM [Reply]

I don't understand what any of this has to do with anything that's going on. These whistleblowers came forward because they found that the city leaders in Pendergrass were corrupt. Now - if the officers in Pendergrass write tickets for window tint violations and loud mufflers I guess they're doing it because those are the laws that are to be adhered to in Georgia. Everybody needs to quit whining and crying about getting tickets for these things. Pull the tint off the window, replace the mufflers and get on with it. None of the tickets written for these violations are illegal. If you know Pendergrass writes tickets for this stuff then stay out of the city or drive a vehicle that adhears to the law. I guess members of the "family" are just trying to shift the blame here. Tolbert, Russell and the City Council are the ones who are corrupt. When the officers in Pendergrass were told by their superiors to perform illegally - they blew the whistle and they have evidence of it on tape (this was played on the Fox 5 report). Let's put the blame where it belongs! Oh and Yes - my son is a cop too and he does drive the speed limit as well as obeying all other state and federal laws!

#4.1.1 Annoying on 09/13/09 at 06:47 PM [Reply]

If you really want any crediblity you should stop defending the petty tickets. I mean get real, I'm not gonna suddenly pull the window tint of my car and check my muffler on a daily basis because these departments in nowhere GA have nothing better to do than stop people for this crap. I will agree with you that the individuals in office are abusing their power, that they are arrogant jerks that need to be removed from their positions, and that everyone in Pendergrass should demand better from the people they pay to represent themselves. Really what you should be saying is that these officers serve a much more important role in the community than just writing petty tickets and that people should recognize that. You should mention that these officers have INTEGRITY..they came forward and spoke out for what was right!!!

#4.2 catina nix on 09/11/09 at 05:10 PM [Reply]

I THINK IT IS VERY UPSETTING HOW ALL THE CITIZENS OF PENDERGRASS
& MR. BUFFINGTON IS BASHING PENDERGRASS AND THE TOLBERTS.
FIRST OF ALL YES I'VE HAD TICKETS FROM PENDERGRASS BUT
UPON GOING TO COURT, THEY ARE THE ONLY COURT SYSTEM THAT
WOULD ALLOW A CITIZEN TO HAVE CORRECTED THE PROBLEM,OR
HAVE AN OFFICER GO OUT AND CHECK THE VEHICLE. TO PROVE
THE OFFICER WAS WRONG FOR WRITING THE TICKET TO BEGIN WITH.
SCOTT TOLBERT GAVE ALL CITIZENS A CHANCE TO PROVE THE
OFFICER WAS WRONG BEFORE THE WERE FINED.. NO OTHER COURT
SYSTEM GIVES CITIZENS BENEFIT OF DOUGHT, YOU JUST GET THE FINE .. SO THANKYOU TOLBERTS FOR BEING TRUE I DONT FEEL YOU'VE DONE ANYMORE WRONG THAN ANY OTHER OF THE SMALL TOWNS
HAVE DONE JUST BEEN ALITTLE MORE FAIR..

#4.2.1 Leslie Myers on 09/13/09 at 06:51 PM [Reply]

Ummm..they have been recorded on tape admitting they have done wrong. It isn't okay to put DUI offenders back on the road because they happen to know someone influential in town.

#4.2.1.1 Ummmm is an idiot on 09/15/09 at 08:16 PM [Reply]

Ummm--where did you get that they let someone off of a dui charge because they knew someone? That was not recorded on tape. What happenned was some offender's were charged with reckless driving, instead of dui. It happens everywhere, yes even Gwinnett County. They offender's hire attorneys and make the case extend as long as possible, hoping to tire the judicial process into letting them plead to reckless driving (four points on license and same fine). This is due to mostly if the offender refuses to submit to a breath/blood/urine test and there isn't sufficient video of the offender showing they were drunk. The ones that pled guilty to reckless driving instead of dui were ones that refused a breath test and the officer didn't observe them driving erraticaly, ie. tinted windows, muffler, etc. You should get your facts straight before commenting and portray a poster as an idiot.

#4.2.1.1.1 No, you're the Idiot on 09/16/09 at 08:20 PM [Reply]

They have put some DUI offenders back on the road, people that blew high numbers on a breathalizer...people related to the "family" --and yes they have blatantly admitted to wrong doing on tape. I could continue on and on about what these people have done wrong but it wouldn't matter to you since you are obviously part of their "family"

#5 Tired of the "I got a ticket" crowd, on 09/11/09 at 03:34 PM [Reply]

Mr. Clay,

First of all,
WHAT DOES "ONE OF MY DRIVERS GOT A TICKET" HAVE TO DO WITH OPEN MEETINGS AND OPEN RECORDS REQUESTS!?!?

Secondly,
What's your point? That no one should receive a ticket for their exhaust just because you haven't received one since high school? And I'm CERTAIN that Garner stops motorcycles mostly for that very reason...as a matter of fact, I have a friend that got one!

Heres the bottom line...

If you got a ticket:
1)Did you do it?
-If so, pay it and don't do it again if you didn't like paying for it. And if you do it again, you should expect what's coming.

- If you did not do it, (and being mad just because you got a ticket, or that you didn't know it was illegal does not mean that you didn't do it) Take it to court, win, and then move on.

If you aren't the one that got the ticket...then why are we even talking about it...

My point is that there is something much larger here which has to do with city officials not obeying the law as it demands and we are being side-tracked by those who want to get on here and complain because they were stopped an given a ticket.

That's exactly what Russell and Tolbert want. They would rather everyone get on here and bash Garner and Rogers for doing their jobs than for us all to be hot on their heels.

It dosen't matter where you are. The Police enforce the laws and their pens write just as well in Savannah as they do in Jackson County. If you don't want a ticket then don't break the law. And if you don't like the law(s) then do something about it by contacting your state representative and have the law abolished or changed.

Now can we please get back to the topic at hand which if I am correct is about how it has come to lawsuits in Pendergrass to force compliance?

P.S. what qualifications would you consider an officer have in order to work in law enforcement?
1- "They shall not enforce any laws which you personally deem to be as not socially acceptable?"

I'd LOVE to HEAR back from you.

#5.1 I agree on 09/13/09 at 07:01 PM [Reply]

Well Said.

#5.2 confused on 09/14/09 at 07:14 AM [Reply]

what year is it in jackson county now? the reason everyone is mad at pendergrass for writing tickets is simple, jackson co. doesnt write any. any given weekend EVERY city dept in the county will get at least two d.u.i s and the sheriffs office only does three to four a month. so no the reason you work in pendergrass is because your tired of stan evans crawling your a** and telling you to work somewhere else. most of the officers that go to pendergrass or anywhere else for that matter left there last jobs because of the politics. thats what all this is about. all these little po-dunk towns get a patrol car then a bypass then a big budget, how? speeding is one thing but if you write to many speeding tickets it can get investigated, so you write everything else. look at banks county now. 5 yrs ago the only cop working was nowhere to be found. now there driving chargers on 441. when the powers that be see the cash flow that becomes available to municipalities its like a drug. people are losing there homes, not paying taxes and the mill is going up but it still wont cover it. they have to find it other ways. is it right? depends on which side of the check your on. look at jackson county as a whole. FOX5 has done several shows on jackson county goverment. so what makes you think pendergrass is special? until the residents get rid of the "stan evans" in this goverment it wont end. so change it or accept it.

#5.3 JB on 09/18/09 at 08:21 PM [Reply]

To Tired:

The reason is the police department in Pendergrass was formed to both provide revenue and enforcement of the Tolberts little feudal system. The ticket writing is just another symptom of the problem. And yes all the cops that work there are pimples on the ass of society. And yes I have I loud muffler. I even know exactly what the GA statute says in case the bafoons stop me.

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Newspaper sues Pendergrass for open meetings, records

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