Investigation Against Mayor Heading to Court

With the election shake up that ousted two City Council members, many in Johns Creek assumed the investigation launched over the summer against Mayor Mike Bodker was over.

But the probe against possible wrong-doing by the Johns Creek mayor continues.

"I have been given no direction otherwise from the City Council so I am proceeding," said Bob Wilson, the investigating attorney hired by City Council.

Wilson said the mayor, AT&T and Atlantic Realty have recently been served with subpoenas.

In response, Wilson said the mayor's attorney on Thursday, filed an action in superior court for a declaratory judgment to stop the subpoenas and any further investigation.

Wilson is asking for copies of Bodker's personal phone records over the past three years. But the mayor has balked at supplying the information saying that his personal phone records are just that, personal.

"It's not personal when you use your personal cell phone for business," Wilson countered.

Wilson had issued an interim report on Oct. 21, 2013 into the investigation of Mayor Bodker on whether he has complied with the Johns Creek Charter, the ethics code and state or federal laws. Wilson said the mayor's phone records are critical to his investigation in determining if there was any wrong-doing by the mayor.

Bodker said he was surprised to receive the subpoena. Like many, he assumed the election outcome had settled the issue.

"The Johns Creek voters voices were heard loud and clear," said Bodker referring to the Nov. 5 election of Cori Davenport and Lenny Zaprowski. The two newcomers soundly defeated incumbents Randall Johnson and Karen Johnson.

The election results have no bearing on the matter said Wilson. "Elections don't decide investigations."

The matter, it seems, will be decided in court. Michael Cross, the attorney representing the mayor, said that Fulton County Superior Court Judge Todd Markle has been assigned to the case. A hearing date has not been set.

Cross confirmed that a petition to stop the investigation had been filed adding that the cost of the investigation was poor use of taxpayers' money and it should be up to the new City Council whether to continue the investigation.

Outgoing City Council member Randall Johnson said he's not surprised to hear that the mayor's attorney is trying to stop the investigation. 

"The mayor is desperately trying to keep information from the public," said Johnson who was one of five council members on June 17, 2013 to vote in favor of launching an investigation against the mayor. "If voters knew everything that the mayor was trying to hide, they would have voted differently."


Read also:

City Council Releases Interim Report on Mayor Bodker

Mayor Bodker: Why He's Not Turning Over Phone Records

City Council Decides to Subpoena Mayor Bodker

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