T&G Asks "Who's The Boss"

From the Tribune and Georgian


Who's really in charge, Sears or the sheriff?
Should a commissioner vote on an agenda item if there is an obvious conflict of interest, a matter where even the dimmest person would say "whoa, that's just not right"?Of course not. There are legal boundaries that should prevent such a vote from taking place.
Taking it one step further, should a commissioner vote on an agenda item where there is even the appearance of impropriety? The legal waters may be muddy, but the ethical stream is running true and clear.Of course, there should be no vote.Newly installed county commissioner Charlene Sears is going to face one ethical question after another during her term until she takes a step back and declares her conflict of interest as an employee of the Camden County Sheriff's Office.Until she accepts and declares this conflict of interest openly and publicly, it's going to be hard for citizens to believe that her votes that have to do with the sheriff's office have not been influenced by her position there.

A compounding factor is that Sears' husband also works for the sheriff's office.Sears has declared that she will only abstain from votes that have a direct financial impact on her position in the sheriff's office. So she will not be voting on the county budget.This is a no-brainer, but it should be just the tip of the iceberg.Tuesday night, Sears voted to approve SPLOST funding, to the tune of $10 million, to renovate and expand the county jail. She may say that this vote was for the best of the citizens she was elected to represent, but it also happens to be the best thing for her daytime boss, Sheriff Bill Smith.Sears is an at-will employee of the sheriff's office. It would be very easy for the sheriff to hold her job over her head to guarantee the votes he needs for any sheriff's office-related project. We may hear vehement denials from Sears and Smith that this could never happen, but the reality is, it could, and since it is even a possibility, Sears should abstain from all votes that have to do with the sheriff's office.This is not to say that Sears can't be an advocate for sheriff's office projects that come before the commission. Indeed, it would be her duty to argue strongly and persuasively in front of the other commissioners to make her point and convince them of the value of a project. This is how she could serve her constituents and remain high above the ethical bar.There is little legal precedent for Sears' case as a sheriff's office employee serving as a county commissioner and there have been even fewer legal opinions coming forth to assist her. Jim Grubiac, general counsel for the Association County Commissioners of Georgia, declined to comment on the issue and Brent Green, Camden County attorney, also refused to take a stand on the issue.Of course, Green is also an at-will county employee who may have little incentive to take a stand, and plenty of incentive to keep his mouth shut.The question still stands: Who's the boss? Sears has influence over the sheriff's office budget. The sheriff controls whether Sears or her husband retain their jobs. The sheriff also contributed to Sears' campaign for commissioner. You do the math.Sears must abstain from all votes that have to do with the sheriff's office. The law may not require it, but ethics demands it. It's the only way those votes can be seen as untainted by favoritism.