2019 City of South Fulton, Georgia Impeachment HearingJust as most residential homes are purchased with loans from banks, large-scale commercial real estate deals are often financed through bonds. Whoever issues these bonds can make millions. In the case of a warehouse expansion and apartment complex in the new City of South Fulton, the issuing Development Authority could make over $10 million in revenues.
So how did a commercial real estate deal that could have been done by the City's Development Authority end up in the hands of Fulton County? How long did South Fulton Mayor William "Bill" Edwards, Councilwoman Helen Z. Willis and Economic Development Director Christopher Pike keep the rest of the city in the dark about this multimillion-dollar land deal? |
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CITY DEVELOPMENT AUTHORITY
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What Is a Usufruct?
A Usufruct [pronounced YEW-suh-fruckt] is a temporary (years/decades) legal right to derive profits from property owned by others, provided that the property is not damaged. While practiced few places in America outside of Louisiana and Georgia, it is a common and important investment vehicle in Islamic finance (which forbids speculation the charging or payment of interest).
Example: A Farmer may have a Usufruct of an Owner's land. What is grown on that land (the profit from the land) belong to the Farmer, while the land remain the property of the Owner. To learn more, watch South Fulton's City Attorney give a more in-depth explanation and read an article about Useufructs below.
Example: A Farmer may have a Usufruct of an Owner's land. What is grown on that land (the profit from the land) belong to the Farmer, while the land remain the property of the Owner. To learn more, watch South Fulton's City Attorney give a more in-depth explanation and read an article about Useufructs below.
Timeline of Events
APRIL 2019
April 23 — City creates a City Development Authority. Councilwoman Willis (District 3, Welcome All Park) seconds the Resolution creating the Authority, which includes the names of the Authority's Board Members. |
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SEPTEMBER 2019
September 10 -- City Council approves Resolution 2019-043 (left), authored by Councilwoman Naeema Gilyard (District 4, Cedar Grove), which calls on Fulton County to obtain consent from the new City Development Authority, before going forward with any real estate development with South Fulton's new city limits. Willis is vociferous in her opposition, stating her desire to take "her" deals where she feels comfortable. Willis votes against the Resolution. 42 days later, Willis will announce the first of two development deals done in her area through the County's Development Authority instead of the city's (see video above). Neither Willis, Pike or Mayor Edwards tell Al Nash or County Authority about the Resolution. |
OCTOBER 2019
October 8 — Councilwoman Willis attempts to add members to the City Authority selected by herself and others. When the attempt fails, she begins to question the competency of the City Authority.
October 22 -- Councilman khalid (District 6, Old National) calls for an investigation into Willis's activities to steer the bond financing a $27 million Halperns' Seafood Warehouse expansion project in Willis' district away from the City Development Authority to the County Development Authority. According to the City of South Fulton's Financial Advisor, Ed Wall, the city could have generated $.7.6 million in service fees (over 20 years) if the deal had been done through the City Development Authority.
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October 24 — While under investigation, Willis holds an Economic Development Town Hall with the City's Economic Development Director, Christopher Pike (also implicated in the investigation) and the Director of the County Development Authority, Al Nash.
The three announce that a second deal, this time for the renovation of an apartment complex. Nether the City Council nor City Development Authority were aware of the second deal. |
NOVEMBER 2019 November 26 — At a Special Called Meeting for a mixed-used development on Old National Highway being overseen by the City Development Authority, it is revealed that Mayor Edwards and City Economic Development Director Christopher Pike are working on a third secret deal. |
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DECEMBER 2019
December 10 — First Removal Hearing Dismissed without Hearing any evidence by the Hearing Officer, a former Fulton County Judge. Judge bases ruling on City Clerk's failure to get either the Mayor or City Attorney to sign the Public Notice of the meeting. Present for less than an hour, the Judge charged the City over $7400 for her time. A new Hearing is immediately rescheduled for December 30.
December 16 — City Council calls Special Meeting to plan December Hearing. A decision is made to select a new Hearing Officer from outside of Fulton County, Councilman khalid challenges defendants to clear their name by testifying under oath.
South Fulton Mayor William "Bill" Edwards pledges to testify under oath. "I will swear on a stack of Bibles. I will swear on my mama's grave." he says. |
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After pledging to testify under oath, Mayor Edwards refuses to sign the Notice of Hearing. The following week, Mayor Edwards attempts to Veto the selection of a new Hearing Officer. He has Process Server delivering a subpoena for him detained by City of South Fulton Police. He then attempts to stop the December 30 Hearing entirely by suing the City of South Fulton in Fulton County Superior Court.
The lawsuit to stop the hearing is denied by Superior Court. The Mayor's veto is declared invalid, throwing into question several of the Mayor's vetos — including the City of South Fulton's name.
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SOUTH FULTON 101
Established in 2017, Atlanta’s new twin city — South Fulton, GA — is 100 square miles with 100,000 residents and a $100 million budget. South Fulton’s African-American population is 89.7 percent, making it Blackest Big City in America. This new, international Black mecca boasts an average median income higher than Atlanta or Chicago.
Learn more about the new City of South Fulton at our 101 page.
Learn more about the new City of South Fulton at our 101 page.
Key Players in the City Impeachment Investigation
Many of the individuals here have been subpoenaed to testify at the December 30 Investigative Hearing.
More info coming soon.
More info coming soon.
The Mayor's Veto
In December 2019, Mayor Edwards attempted to veto a Contract between the City Council and the City Attorney, and Resolution written by City Council calling for an Investigation about a real estate development deal. After examining the Mayor's veto, the City Attorney found that the Mayor's attempted vetos exceeding his veto powers detailed in our City Charter.
City Council voted to declare his vetos invalid. Because South Fulton's Mayor does not have the power to veto Resolutions or votes of Council, many of Mayor Edwards' previous vetos have not been called into question.
City Council voted to declare his vetos invalid. Because South Fulton's Mayor does not have the power to veto Resolutions or votes of Council, many of Mayor Edwards' previous vetos have not been called into question.
Every level of government in the United States — federal, state, county, city/town — has 3 branches of government: the Executive Branch, the Legislative Branch, and the Judicial Branch. The Executive and Legislative branches can both make laws, and the Judicial Branch makes the final decision on how those laws can be applied.
In city government, the Mayor makes up the Executive Branch. Like a Governor or President, the Mayor is elected by all the people. In city government, the Legislative branch is the City Council. As in Congress or the State Legislature, City Councilpersons often represent sections of the population, which are broken down into City Council Districts or Wards. This allows citizens to have a representative in government who lives in their community.
As part of our American system of checks & balances, the Executive branch (the Mayor, Governor or President) is often given the power to veto legislation passed by the Legislative branch (City Council, State Legislature or Congress). As a second check & balance, the Legislative branch can overturn a Mayor or President's veto if enough of them vote to do so.
What a Governor or Mayor can veto — and the process to overturn their vetos — are defined by State of City's Constitution. The Constitution of city is called the City Charter. The powers of a Mayor, including their veto power, can vary widely from city to city. As shown in the picture of above, the veto powers of the Mayor of South Fulton are listed in Section 3.21 of the City Charter.
In the City of South Fulton, the Mayor only has the power to veto a City Ordinance (a law which changes the Municipal/City Code of Ordinances) or an Item of Appropriation (a defined amount of money set aside for a specific purpose). In South Fulton, the Mayor cannot veto a City Council Vote (decision). While the Mayor can veto an Item of Appropriation in a Resolution (an action or statement of belief which does not change the Code of Ordinances) s/he cannot veto an entire Resolution or any other part of a Resolution outside of an Item of Appropriation. The Mayor also cannot veto a Contract made between the City Council and another party.
At a recent public forum State Representative Roger Bruce, who helped write South Fulton's City Charter, stated that the current wording of the Charter does not convey his "legislative intent." "South Fulton's Charter was largely a copy-and-paste job," said one former legislator, who notes most of the language of the City's Charter was lifted from Sandy Springs' 2006 City Charter.
In city government, the Mayor makes up the Executive Branch. Like a Governor or President, the Mayor is elected by all the people. In city government, the Legislative branch is the City Council. As in Congress or the State Legislature, City Councilpersons often represent sections of the population, which are broken down into City Council Districts or Wards. This allows citizens to have a representative in government who lives in their community.
As part of our American system of checks & balances, the Executive branch (the Mayor, Governor or President) is often given the power to veto legislation passed by the Legislative branch (City Council, State Legislature or Congress). As a second check & balance, the Legislative branch can overturn a Mayor or President's veto if enough of them vote to do so.
What a Governor or Mayor can veto — and the process to overturn their vetos — are defined by State of City's Constitution. The Constitution of city is called the City Charter. The powers of a Mayor, including their veto power, can vary widely from city to city. As shown in the picture of above, the veto powers of the Mayor of South Fulton are listed in Section 3.21 of the City Charter.
In the City of South Fulton, the Mayor only has the power to veto a City Ordinance (a law which changes the Municipal/City Code of Ordinances) or an Item of Appropriation (a defined amount of money set aside for a specific purpose). In South Fulton, the Mayor cannot veto a City Council Vote (decision). While the Mayor can veto an Item of Appropriation in a Resolution (an action or statement of belief which does not change the Code of Ordinances) s/he cannot veto an entire Resolution or any other part of a Resolution outside of an Item of Appropriation. The Mayor also cannot veto a Contract made between the City Council and another party.
At a recent public forum State Representative Roger Bruce, who helped write South Fulton's City Charter, stated that the current wording of the Charter does not convey his "legislative intent." "South Fulton's Charter was largely a copy-and-paste job," said one former legislator, who notes most of the language of the City's Charter was lifted from Sandy Springs' 2006 City Charter.