A Superior Court judge has ruled against the citizen’s effort to recall Pendergrass Mayor Monk Tolbert.
A day-long hearing was held two weeks ago in Jackson County Superior Court with visiting judge John Ott presiding. Ott ruled Monday that the petition had insufficient evidence to support a recall of the mayor.
“The court finds that there were no fact or facts attached to each ground to support each ground as required by statute,” Judge Ott ruled. “…The court finds that the application for recall is insufficient in that it does not state with sufficient clarity specific facts on each ground with reasonable particularity to alert both the mayor and the citizens of the particular violations associated with the ground for which the mayor is sought to be recalled.”
Since the judge ruled that the petition was insufficient, he did not have to rule on each allegation. However, Ott did review each allegation and find them all to be unfounded.
“Even though the court has ruled that the application for recall is insufficient for the failure to specifically tie any alleged fact to a ground for recall as required by law, in an abundance of caution, the court will analyze the alleged facts to see whether the petition chairperson carried his burden of proof of probable cause as to each alleged fact,” the judge stated.
The first allegation was that the mayor allowed an illegal alien to drive a city vehicle and approved the use of city funds to pay a fine for the employee.
“The testimony at trial showed that the mayor never knowingly allowed any illegal alien to drive without a license, and once he became aware that Mr. Martinez-Olvera was an illegal alien, the mayor terminated his employment with the city,” the judge wrote in his ruling. “…There was no showing in the present case of criminal intent so there can be no crime.”
Judge rules against Pendergrass recall
The second allegation in the petition dealt with the alleged misuse of special purpose local option sales tax revenue. Judge Ott found that the citizens failed to show that “there is anything wrong with using equipment purchased by SPLOST money for other city purposes if unneeded for the original SPLOST purpose.”
The next allegations are that the mayor did not provide credit card records for 2007 and 2008. The judge said that the mayor authorized the recovery copies of the receipts from the credit card companies and they have not been obtained.
In the earlier hearing, the judge also ruled against the effort to recall the council members on the same grounds.
The next allegations are that the mayor did not provide credit card records for 2007 and 2008. The judge said that the mayor authorized the recovery copies of the receipts from the credit card companies and they have not been obtained.
In the earlier hearing, the judge also ruled against the effort to recall the council members on the same grounds.
interviewed on TV,the mayor said he knew the city employee had no drivers license.
Mrs. ValPreda picked up the case after the paperwork had already been filed by the citizens. As one would suspect, it was already doomed from the beginning. Not through any fault of the citizens or Mrs ValPreda...the citizens just didn't know how to properly file the papers...anyone not an attorney would have done the same thing.
Lets also pay particular attention to the fact that the judge didn't say that "nothing happened," he simply stated that there were not any facts in the RECALL PETITION to support the accusations. This does not mean that there are not facts to support the accusations...they just were not in the petition.
So all you "family members" who want to come on here and boast to your victory... pour it on thick, because Im thinking its not going to last for long. Eventually the citizens will have the opportunity to elect new members to replace the ones currently running the place.
Maybe then the citizens can elect members who openly admitted on the stand to only do what the Mayor and "Rob" tell them to do and really don't provide ANY oversight.... Really OMG!!