BOA issues letter in response to commissioners

Dear Mr. Dove and Ms. Cox:

I am writing in response to the Notice of Intent to Remove from Office pursuant to OCGA section 48-5-295 (b), dated April 7, 2009 (the “notice”), which Mr. Dove mailed to me on April 8, 2009. I dispute the grounds for my removal as a member of the Madison County Board of Tax Assessors, set forth in the Notice, and wish to contest these grounds. I will appear at the hearing before the Madison County Board of Commissioners, currently scheduled for April 21, 2009, beginning at 6 o’clock p.m.

I also hereby invoke my right to a hearing before the Superior Court of Madison County, Georgia, and contend that I cannot be removed involuntarily from the Madison County Board of Tax Assessors without first being afforded such a hearing. My participation at the hearing before the Madison County Board of Commissioners shall not be construed as a waiver of my right to have the issue of my removal from the Madison County Board of Tax Assessors decided by a Judge of the Superior Court, and I hereby expressly reserve any and all such rights.

Pursuant to O.C.G.A. 45-9-21 and applicable policies of Madison County, I also hereby request that the Madison County Board of Commissioners employ Robert F. Leverett to represent me in connection with the removal proceedings, and pay the reasonable fees of Mr. Leverett and all reasonable costs, expenses and other compensation associated with such representation. The county attorney, Michael C. Pruett, clearly has a conflict of interest which ethically prevents him from representing both the Madison County Board of Commissioners and me in this matter. As a result, the appointment of Mr. Leverett is required.

I also felt that the statements at the end of the Notice required a response.

In that portion of the Notice, you urged me “to remember the good of the county, and to consider resigning,” and stated that resigning would be choosing the “high road.” You essentially implied that my contesting or disagreeing with your grounds for removal would somehow be an irresponsible and selfish course of action. I could not disagree with you more. With all due respect, I feel that the action of the board of commissioners in seeking to remove me and other members of the board of tax assessors is another step in the repeated and improper attempts of the board of commissioners to control and interfere with the independence of the board of tax assessors. My removal, and the removal of my colleagues on the board of tax assessors, would set a precedent that would further the commissioners’ attempts to dominate and control the board of tax assessors. In my opinion, contesting the removal would further independence of the board of tax assessors and would thus serve the best interests of the people of Madison County.