3 p. Letter to District Attorney Tommy Floyd 4.25.2012

8/2/2019 3 p. Letter to District Attorney Tommy Floyd 4.25.2012

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Joan M. Scott

133 Nail Dr.

McDonough, GA 30253

(4……………..

District Attorney Tommy K. Floyd

Flint Judicial Circuit

Henry County Courthouse

2nd Floor, West Tower

McDonough, GA 30253

April 25, 2012

Dear Mr. District Attorney,

I am writing to you to request investigation into a matter concerning Henry County Commissioner Randy

Stamey and Henry County Zoning Board Chairman Terry Echols. Commissioners Stamey violated Henry

County code section 3-2-5 Code of Ethics on November 17, 2009 when he voted on a land acquisition

matter before the Henry County Board of commissioners in which he had substantial financial interests.

Commissioner Stamey has a business relationship with zoning advisory board member Terry Echols as a

real estate agent. Mr. Echols owns Echols Enterprises Inc. which, until just two days ago, was advertising

on its website that Randy Stamey was its real estate broker. I have attached a screen shot of the Echols

Enterprises, Inc. website (enclosed) which states “Real Estate brokered by Randy Stamey, GA Real Estate

Commission #170022”.

However on November 17, 2009 Commissioner Stamey participated in a vote in which the Henry County

Board of Commissioners passed resolution 09-262 (enclosed) to purchase property located at 526

Industrial Blvd., McDonough, GA in which Echols Enterprises, Inc. was the real estate agency for this

transaction. Because of Mr. Stamey’s business dealings with Echols Enterprise, the Henry County Code

requires he should have recused himself from voting on this matter. By not doing so he violated section

3-2-5 of the Henry County Code which states in pertinent part:

Sec. 3-2-5. – Code of ethics. …

5) Conflict of interest.

(a) A county official may not participate in a vote or decision on a matter affecting theofficial personally, an immediate family member or any person, entity, or property in

which the official has a substantial interest .

In such cases, the county official must :

1. Immediately publicly disclose the fact and nature of the interest on the record;

and 2 . Refrain from any discussion or vote concerning such matter or otherwise

attempting to influence the vote, discussion or decision of the county regarding

such matter. …



(b) A county official shall avoid even the appearance of a conflict of interest . An

appearance of a conflict of interest exists when a reasonable person would conclude from

the surrounding circumstances that the ability of the official to protect the public interest or impartially perform a public duty is compromised by financial or personal interests in

the matter or transaction not generally shared by the public at large. The appearance of

a conflict of interest can exist even in the absence of an actual conflict of interest. In suchcases, the county official shall have the same public disclosure and recusal requirements

as required in subparagraphs (a)1. and 2. above.

Since Mr. Stamey is, according to Echols Enterprises own website, its sole real estate broker, it stands to

reason that Stamey himself was the acting real estate agent in this transaction and stood to profit from

this transaction. If that is indeed the case then Commissioner Stamey also violated section 3-2-4 of the

Henry County Code which states in pertinent part:

Henry County, Georgia – Code of Ordinances Sec. 3-2-4. – Conflicts of interest. (a) o company shall sell any supplies, equipment, goods, or any type of personal property in which a board member, commission member, or authority board member has

any financial interest to the county . I have enclosed a copy of the HUD 1 purchase contract for this transaction which was obtained from the

Clerk of Henry County through an Open Records request. It plainly states Echols Enterprises, Inc.

profited a 3% real estate commission in the amount of $34,500. Regardless of whether Commissioner

Stamey’s role in the real estate transaction, it is clear that Mr. Echols is in fact in clear violation of the

above stated code due to his irrefutable role in this transaction as owner of Echols Enterprises, Inc. As a

member of the Henry County Zoning Advisory Board, Terry Echols should not have been allowed to

profit on the backs of the Henry County tax payers.

There are several other issued related to this matter that must be addressed as well. First and foremost

it should be noted that, contrary to the advertisement (enclosed) on Echols Enterprises webpage,

Commissioner Stamey is not a licensed real estate broker. The Georgia Real Estate Commission (GREC)

website shows Commissioner Stamey is license (enclosed) only as a sales person but not as a broker.

There is a significant difference between the two licenses.

Additionally, Terry Echols did not receive his original real estate sales license (enclosed) until 2011,

which means that when this property was purchased, Echols was not a licensed real estate agent. And,

using the search function of the GREC website, Echols Enterprises Inc., which according to the HUD 1

purchase contract received a $34,500.00 real estate commission on this transaction, is not shown on the

GREC website as being a licensed real estate firm. There is however an agency listed by the name of

Echols Services, Inc. which is a licensed broker firm, however it is owned by Whit Echols, cousin of Terry

Echols, and it is not affiliated with Echols Enterprises, Inc.

Mr. District Attorney, I am asking that you either appoint a Grand Jury or forward this matter to the

Georgia Bureau of investigations to fully investigate this matter . A full accounting must be made on



how it came to be that zoning board member Terry Echols profited $34,500 as well as Commissioner

Stamey’s refusal to recuse himself from voting on the purchase and whether or not he, too, profited on

the backs of the taxpayers of Henry County Georgia.

I appreciate any and all efforts your office might take in this matter of holding elected and appointed

officials accountable for their actions.

Respectfully,

Joan M. Scott

cc:

Attorney General Sam OlensOffice of the Attorney General

40 Capitol Square, SW

Atlanta, GA 30334

Vernon M. Keenan, Director

Georgia Bureau of Investigation

3121 Panthersville Road

Decatur, Georgia 30034

Mr. William L. Rogers, Jr., Commissioner

Georgia Real Estate Commission

229 Peachtree Street, N.E.

International Tower, Suite 1000

Atlanta, Georgia 30303-1605

Mr. Charles B. Bramlett, Chairman

Georgia Real Estate Commission

229 Peachtree Street, N.E.

International Tower, Suite 1000

Atlanta, Georgia 30303-1605

Enclosures:

1. Meeting Minutes, November 17, 2009 Henry County Board of Commissioners in which

Commissioner Stamey voted on the land acquisition in question.

2. HUD 1 purchase contract 526 Industrial Blvd., McDonough, GA

3. Henry County Resolution 09-262 purchase contract for 526 Industrial Blvd., McDonough, GA

4. Echols Enterprises, Inc. website screen shot captured April 23, 2012.

5. GREC Real Estate license information Randy L. Stamey



6. GREC Real Estate license information Terry T. Echols.

Documents

3 p. Letter to District Attorney Tommy Floyd 4.25.2012