Fact vs. Fiction: False Allegations of Conflict of Interests

Kevin Arocha has made erroneous allegations about purported conflicts of interests with regard to my candidacy for City of Mulberry Council Post 5.  

A few people have sincerely asked about Mr. Arocha’s Statement, wanting to understand if there is truly a conflict of interest with my candidacy.

It is for these individuals that I am writing.

Allegation: I am a representative of the government body that has filed lawsuits against the City of Mulberry.

The Truth: A representative is a person chosen or appointed to act or speak for another or others. I have no power or authority to speak or act on behalf of the Gwinnett County Government. Gwinnett County is represented by the Board of Commissioners of which I am not a member. I met Commissioner Holtkamp for the first and only time, on Thursday, October 10, and have never met any of the other members. It would greatly surprise me if they even know my name. My voice/opinion means no more to them than any other resident of Gwinnett County. They definitely did not seek my opinion or advice before deciding to file lawsuits against the city.

Allegation: My role as an ADA in Gwinnett County has a built-in conflict of interest such that I would be unable to engage in contract negotiations on behalf of Mulberry because the counterpart in these negotiations will inevitably be Gwinnett County.

The Truth: A conflict of interest usually occurs when an individual’s personal financial interests could compromise his or her judgment, decisions, or actions. There is no such financial interest involved here. As a public employee, unlike a private-sector employee, there would be no way for Gwinnett County to legally reward me financially (ie. salary increase or bonus) if I were to achieve more favorable terms for them in any contracts with the City of Mulberry.

Just as Gwinnett County cannot benefit me financially, they also cannot harm me financially if they are unhappy with any decisions I make as a Mulberry City Council Member. I work solely at the pleasure of Patsy Austin-Gatson, the District Attorney of Gwinnett County. She is the only person with the power to fire me. As an elected official she also cannot be fired by the county and does not have to worry about any possible retaliation.

Allegation: Because the City of Mulberry falls within the confines of Gwinnett County, I would have the power to prosecute my own constituents – fellow citizens of Mulberry.

The Truth: As an Assistant District Attorney, I cannot seek out people to prosecute.  I review cases after the police have already made arrests or taken out warrants against individuals.  If I find there is probable cause, I proceed to indictment and if I conclude that probable cause does not exist, I recommend dismissal.  Either way my decisions are reviewed.  Furthermore, the fact that a case might involve someone who is a fellow resident of the City of Mulberry is not an inherent conflict. If that were so I could not prosecute a defendant who is a resident of Gwinnett County. Indeed, a conflict of interest would only arise if I had a personal relationship with that person and in that instance, I would simply recuse myself. In fact, the District Attorney’s Office has a built-in procedure for recusal as does the City of Mulberry Charter.

I hope this addresses the concerns raised by Mr. Arocha. There are no inherent conflicts of interest that would prevent me from serving as a Council person in our newly formed City of Mulberry.  I am ready, willing and able to protect the interests of our city by serving as your representative in District 5.

I would be happy to answer any additional questions on Tuesday night at my Listening Tour event at 7pm at Old Fountain Tavern.