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Office of Interim Chief Executive Officer DeKalb County, Georgia

Lee N. May Interim CEO

Executive Order No. 2015-1

Appointment of Special Investigators

WHEREAS, it is necessary and appropriate that DeKalb County Government model the highest

standards of integrity; and

WHEREAS, as Chief Executive Officer of DeKalb County, Georgia, I am committed to, and

have established as one of my highest priorities, the restoration of the publics trust in our county

government; and

WHEREAS, Pursuant to subsections 13 (a), (d), (g), and (h) of the Organizational Act of

DeKalb county, the Chief Executive has the authority to appoint Special Investigators to

investigate the affairs, records, expenditures of employees and departments under the authority

of the Chief Executive Officer; and

WHEREAS, it is my firm belief that the Special Investigators will assist in restoring public

confidence and trust in DeKalb County Government, and set high standards of integrity; and

NOW, THEREFORE, I, Lee N. May, Chief Executive Officer of DeKalb County, Georgia, in

consideration of the aforementioned, do hereby appoint Michael J. Bowers and Richard L. Hyde

as Special Investigators to provide a thorough systematic review of DeKalb County Government

policies and procedures to identify any conflicts of interest, corruption or malfeasance and make

specific recommendations in an effort to improve county operations, restore our image and the

publics trust in county government and order as follows:

1. The Special Investigators shall be independent and shall be appointed for a term, not less

than 120 days, subject to extensions by the Chief Executive Officer necessitated by the

findings of the Special Investigators. The Special Investigators shall be assisted by the

law firm of Balch & Bingham, LLP or others they deem necessary to carry out their

duties as Special Investigators. The Special Investigators shall be provided funding

determined by the Chief Executive Officer for the performance of their functions. Also,

the Special Investigators are authorized to retain, at the countys expense, a certified

public accounting firm, if necessary, to assist in performing a forensic audit of any unit of

DeKalb County government under the authority of the Chief Executive Officer.

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2. The Special Investigator shall:

a. Evaluate the need to establish an Inspector General office or a similar government

position;

b. Review internal investigation protocols;

c. Review the Countys internal controls (Enterprise Risk Management);

d. Review personnel policies and procedures to ensure proper hiring practices;

e. Review the Countys financial controls to ensure the Finance and Budget

Departments are achieving their objectives;

f. Review the DeKalb County Ethics Code and other existing county oversight

mechanisms to ensure that the county is operating with the highest ethical

standards;

g. Review past and current procurement policies and procedures to determine if

employees or officials participate in bid rigging, kickbacks or interfere with the

selection of vendors;

h. Receive, initiate and investigate complaints concerning allegations of corruption,

fraud, criminal activity, conflicts of interest or abuse in DeKalb County

Government by any current official or employee under the direction of the Chief

Executive Officer;

i. Determine, with respect to allegations of corruption, fraud, criminal activity,

conflicts of interest or abuse in DeKalb County Government, whether referral for

disciplinary action, civil or criminal prosecution, or further investigation by an

appropriate federal, state or local agency is warranted;

j. Operate a telephone hotline to receive confidential calls about the work of the

Special Investigator from county officials, employees and the public;

k. Perform any other functions as authorized by the Chief Executive Officer that are

necessary or appropriate to fulfill the duties and responsibilities of this position;

l. Review the Countys motor vehicle take-home policy.

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3. The Special Investigators shall be given full access to employees and records of the

County, including, but not limited to, pending investigations, except those conducted by

the District Attorney, the Federal Bureau of Investigations, the Unites States Attorney

and other law enforcement agencies;

4. Responsibilities of current officials and employees under the authority of the Chief

Executive Officer:

a. In addition to any other reporting obligations, promptly report to the Special

Investigators any information concerning corruption, fraud, criminal activity,

conflicts of interest or of other allegations of misconduct in DeKalb County

government;

b. Interference with, obstruction of or dishonesty with the Special Investigators, or

their designees, by an official or employee of DeKalb County Government under

the direction of the Chief Executive Officer may constitute cause for disciplinary

action, up to and including removal from office or employment or other

appropriate penalty;

c. Prior to any such questioning, the official or employee, upon request, shall be

afforded a reasonable period of time to obtain legal representation at his or her

own cost;

d. No official or employee who complies with this directive shall be subject to

retaliatory dismissal, discipline or other adverse personnel action, based upon a

truthful report.

5. Additionally, the Special Investigators or their designee shall have the power to:

a. Require the production of any documents or other such material reasonably likely

to lead to the discovery of evidence relevant to any investigation, examination or

review unless the Chief Executive Officer would not otherwise be entitled to

review the documents or other such material. This power does not include

documents or other such material related to Shoenthal, et al v. Shoenthal, et al,

DeKalb County Superior Court, Civil Action No. 14-CV-8263-10;

b. Require any current official or employee under the direction of the Chief

Executive Officer to answer questions concerning any matter related to the

performance of his or her official duties, consistent with contractual, statutory and

constitutional protections. The refusal of any official or employee to answer

questions or to fully cooperate with the Special Investigators may be cause for

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disciplinary action, up to and including removal from office or employment or

other appropriate penalty.

6. The Special Investigators may make interim reports, at their discretion, to the Chief

Executive Officer, DeKalb County District Attorney, or other appropriate entities, any

evidence of misconduct that is discovered.

7. The Special Investigators shall prepare a report for the Chief Executive Officer and the

public concerning the operations of DeKalb County government. Those findings shall be

the opinions of the Special Investigators and may include the following:

a. Recommend programs and controls to improve county practices;

b. Recommend new or enhanced controls for county departments under the direction

of the Chief Executive Officer;

c. Recommend additional practices and resources (personnel, equipment, etc.)

necessary to implement, carry out and monitor these recommendations;

d. Recommend enforcement and accountability guidelines;

e. Recommend internal investigation protocols if needed;

f. Recommend disclosure protocols if needed;

g. Report to the DeKalb County District Attorney, or other appropriate entities, any

evidence of misconduct that is discovered.

8. Fees

a. The Special Investigators shall be paid for this investigation as follows: Mr. Bowers and all attorneys will bill at a flat rate of $400 per hour; Mr. Hyde and all

investigators, at a flat rate of $300 per hour. Paralegals will bill at $150 per hour.

The Special Investigators will submit a monthly report to the Chief Executive

Officer detailing the hours worked by individual and by task; this report shall

include all expenses of the investigation incurred to date.

9. Distribution of Executive Order

a. This Executive Order is to be distributed to each appointed official, manager, and employee under the supervision of the Chief Executive.

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10. Effective Date

a. This Executive Order shall take effect immediately upon signature and

publication.

SO ORDERED this OF , 2015.

LEE N. MAY

Interim Chief Executive Officer

ATTEST:

BARBARA H. SANDERS, CCC Clerk to the Chief Executive Officer

and Board of Commissioners

This Executive Order shall remain in the custody of the County Clerk. Certified copies are

available upon request.