WE WELCOME YOUR COMMENTS BELOW
Former Doraville city councilman faces off against mayor
by Jonathan Cribbs
jonathan@dekalbchamp.com
The moment Tom Hart stepped into the Waffle House on Buford Highway in downtown Doraville, Diane, a waitress, began ribbing.
“Didn’t I tell you not to get into trouble?” she joked as he walked inside with a reporter.
Hart smiled sheepishly.
“I couldn’t help myself,” he said as he sat down at a corner table. It was April 23.
By then, even Diane knew Hart had been arrested earlier that month. The former Doraville city councilman had been knocking on residents’ doors since early April, requesting signatures that could ultimately lead to a citywide recall vote of Mayor Ray Jenkins. Hart and his supporters say Jenkins used his office for personal benefit and cite broad state ethics laws governing the conduct of public officials in Georgia.
Hart claims Jenkins took campaign contributions from developers building Star Towers, a mixed-use development project in Doraville, and favored them unlawfully while considering a demolition permit, among other claims. He also said the mayor assaulted him in 2006 by grabbing him and forcibly removing him from City Hall.
Jenkins said he believes Hart, who served on the council between 2006 and 2007, simply wants to be mayor and won’t stop until he’s head of City Hall, which sits atop a steep hill on Park Avenue overlooking several city government buildings. He also denies Hart’s claims.
“He just wants to be mayor, and I don’t understand it,” Jenkins said, “because he’s not qualified.”
As it stands, Hart is working to gather the more than 640 signatures from registered Doraville voters so DeKalb County’s elections office will hold a recall election.
“The politicians have put a pretty high bar on this,” he said.
The arrest
Hart was arrested on New Peachtree Road and charged with simple assault and disorderly conduct at about 5 p.m. on April 15, said Doraville police Capt. C.D. Atkinson. Hart claims the arrest was politically motivated – payback for his recall campaign. Jenkins denied that charge April 16 in a statement to local media.
“Mr. Hart has made significant contributions to this community,” Jenkins wrote. “However, the city must provide a safe and non-abusive environment for the public and staff.”
The charges stemmed from two incidents: the first on March 31, the second on April 7, Atkinson said. The first involved City Planner Scott Haeberlin, who declined comment.
Haeberlin and Hart, who work in construction, argued over a construction permit, and Hart became angry and boisterous, Atkinson said. Seven days later, Hart argued with the City Inspector John Calcatera. Hart became so loud and angry, Atkinson said, a city employee called police.
When an officer arrived, Hart was calm and the officer saw no reason to arrest him or question city officials. Calcatera also told the officer that Hart “was upset but that he was fine now,” according to a police report.
It was not until City Councilman Bob Roche contacted police again and told the department of both incidents that the department investigated, Atkinson said. After witnesses corroborated the details, the department received an arrest warrant April 13 and arrested Hart when he was pulled over along New Peachtree and Stewart roads.
City politics or Hart’s role in the recall effort played no part in his arrest, Atkinson said.
“His issue is between him and City Hall,” he said. “The police department is not involved in any of that. … We looked into [both incidents] after we were made aware of it as we would anywhere. … All we’ve done is gather the facts. We presented it to a judge who deemed probable cause.”
When asked about the reasons for the arrest, Hart said he doesn’t believe he was excessively loud or dangerous and characterized the arguments as “lukewarm.” He admits to making one mistake.
“I was stupid enough to go up there by myself,” he said. Hart said he plans to keep witnesses near him at all times in case anything else occurs during the recall effort.
The arrest will only help solidify opposition to Jenkins and the recall effort, Hart said. He also said he is considering a lawsuit against the police department for being falsely arrested.
“People are terrified to sign this recall thing, but they’ve made so many people mad, they’re going to sign it in droves,” he said. “This is Doraville. It’s an ugly place, and it’s how they control things.”
Moving forward
Only eligible voters can sign Hart’s petitions now circulating, and Hart and his supporters would need to get at least 30 percent of the number of the city’s registered voters in the previous election. That process can last 35 to 40 days. After a review of the petition, the superintendent can announce a recall election within 30 to 45 days.
Hart had been trying to oust councilwoman Maria Alexander, but Alexander said April 28 Hart had not been able to get enough signatures to move forward with a separate recall effort against her. Jenkins was elected to the council’s District 2 seat in 1974 and mayor in 2003. He was re-elected in 2007.
The city’s ethics commission is also holding an ethics hearing on Thursday regarding a complaint Hart filed with the city, Alexander said.
Most recall elections occur at the city council and school board level. Voters in the city of Lithonia ousted former Mayor Joyce McKibben in September, claiming a long list of mayoral offenses. The vote was 171 to 49.
|
