Violation of Warner Robins regulation of conduct

During the January 6, 2020 meeting of Warner Robins Council an item was adopted to the regular agenda to approve sewer availability for Mick Driggers Property, and since then concerns have risen of Councilman Charlie Bibb having violated the Warner Robins City Charter Chapter 6 Regulation of Conduct. 

The motion was to approve sewer services for Tract 11A containing 2.05 acres, east of Old Perry Road and west of Highway 247 on the north side of Highway 96 in Bonaire, owned by Driggers Properties, LLC, as shown on a plat of survey recorded in Plat Book 75, page 163 in the Houston County Superior Court. Councilman Kevin Lashley made the motion for approval and Bibb second the motion. Councilmen Daron Lee, Larry Curtis, Clifford Holmes, Lashley and Bibb then approved it unanimously.

According to Bibb’s campaign contribution disclosure reports Driggers Team LLC made a contribution on August 22, 2019 for $500 and on October 15, 2019 for $1,000, which total contribution was $1,500. The maximum monetary contribution a candidate can receive is $2,500.

Interim City Clerk Kim Demoonie said that prior to the January 6, 2020 meeting no council members had filled out a disclosure of interest form. According to the City Charter Chapter 6 Regulation of Conduct, Sec. 4-603 – Disclosure of interest: “Any elected or appointed officer or employee who possesses or who acquires any financial interests as might reasonably tend to create a conflict with the public interest shall make full disclosure in writing to the mayor and council at the time a conflict becomes apparent. The disclosure statements shall be made a matter of public record and be filed with the city clerk. The disclosure shall be made a matter of public record prior to the taking of any vote on the proposal.”

Demoonie also said that usually if there is a conflict of interest that the council members abstain from voting, but no members did so during the motion of sewer availability for Mick Driggers Property on January 6, 2020. The Houston Home Journal spoke with a former member of the State Ethics Committee on the matter and said he believes that Bibb is in violation of the Warner Robins City Charter Chapter 6 Regulation of Conduct.

Sec. 4-602. – Conflict of interest.

No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:

(a)  Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair independence of judgment or action in the performance of official duties;

(b)  Engage in or accept private employment or render services for private interests when the employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of judgment or action in the performance of official duties;

(c)  Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged or is a member of without proper legal authorization, or use that information to advance the financial or other private interest of that person or others;

(d)  Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which to the person’s knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body he or she is a member of or by which he or she is engaged; provided, however, an elected official who is a candidate for public office may accept campaign contributions and services in connection with any campaign;

(e)  Represent private interests, other than his or her own, in any action or proceeding against the city or any portion of its government;

(f)  Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a substantial financial interest unless such contract is issued pursuant to sealed competitive bids.

State Law reference— Voting when personally interested, O.C.G.A. § 36-30-6; city officer or employee selling to city, O.C.G.A. § 16-10-6.

Penalties for violation in Sec. 4-611 state:

(a)  Any city officer or employee who knowingly violates any lawful requirement of this charter shall be guilty of malfeasance in office or position and shall be punished as for a misdemeanor.

(b)  Any officer or employee of the city who violates (a) above, shall be ineligible for appointment or election to or employment in a position in the city government for a period of at least three (3) years thereafter.

(c)  The appointing authority may reprimand, put on probation, demote, suspend or discharge an employee or appointed officer found to have violated the standards of conduct established by this chapter.

The Houston Home Journal reached out to Bibb for comment, but could not be reached.