Judge weighs Tolbert recall; councilmembers petitions tossed

A Superior Jourt judge tossed out a petition on Friday calling for the recall of Pendergrass council members, but didn’t issue a ruling on Mayor Monk Tolbert.

Visiting Superior Court Judge John Ott made the ruling on four members of the Pendergrass City Council — John Pethel, Hilda Gee, Tom Marlowe and Judy Stowe — after a lengthy hearing in a crowed courtroom at the Jackson County Courthouse Friday.

However, the judge said he needs additional evidence on state law concerning using Special Purpose Local Option Sales Tax (SPLOST) funds to loan city employees money before making a decision on Pendergrass Mayor Tolbert in the recall petition. A decision is expected possibly during the last week of October.

A group of Pendergrass citizens claims the mayor and city council misused city funds and violated other laws and petitioned for a recall. Friday's hearing was a "sufficiency " hearing to see if the citizens' allegations rise to the legal level to move forward.

Judge Ott said their petition was problematic because it didn’t clearly outline the facts and the grounds for recall that all citizens could understand. There was also insufficient evidence presented during the more than six-hour hearing that any city council member committed one of the allegations, he said.

As for the mayor, the judge asked the two attorneys to submit briefs on the question of the city loaning money to an employee. A city worker who is an illegal immigrant was caught driving a city vehicle without a valid driver's license by Jackson County. The city paid his fine with Tolbert's approval and the employee reimbursed the city over time.

The legal point appears to be whether or not Tolbert allowed the city to make an illegal loan to the employee. One of the citizen's key complaints in their recall petition was that the city knowingly hired an illegal worker.

Attorney for the citizens' group, Nancy Val Preda, asked Tolbert why the city paid an employee’s court fine. Tolbert said Pendergrass city administrator/police chief Rob Russell said the city could pay the fine, if it was paid back.

“In a small town, you do not operate as a you do in a big town,” Tolbert said on the witness stand.

Val Preda questioned Tolbert if the loan to Martinez meant the mayor was “acting like a bank.”

“I have the authority to handle the affairs of the town as I feel fit,” he responded.

Former Pendergrass police officer Bill Garner testified that when he approached city administrator/police chief Rob Russell about Martinez and his use of a city vehicle, Russell told Garner to ignore the issue or he would be fired.

Garner also said he and other employees, along with Val Preda, approached Mayor Tolbert about the claims.

Judge Ott asked Garner if he — as a sworn police officer — knew someone was violating the law, why did he bow to political pressure to keep his job. Garner said he followed his chain of command by reporting the allegations to the chief and mayor.