As Mt. Bethel UMC lawsuits proceed, church member subpoenaed

Mt. Bethel Church

Attorneys for Mt. Bethel United Methodist Church have issued a subpoena for a church member and may call others for depositions as lawsuits proceed involving the East Cobb congregation and the denomination’s North Georgia Conference.

A deposition with the church member that was scheduled for Wednesday has been delayed to next Tuesday after she retained a lawyer, according to filings in Cobb Superior Court.

(You can read the Mt. Bethel documents by clicking here and entering case number 21106801.)

The North Georgia Conference sued Mt. Bethel in September after months of conflict over reassigning its top clergy and a failed attempt at mediation (you can read the lawsuit here).

In addition to trying to recover church assets and properties claimed by the North Georgia Conference, Mt. Bethel is demanding in its countersuit (you can read that here) that it vote to disaffiliate from the United Methodist Church before the denomination’s scheduled General Conference meeting in September.

The Mt. Bethel church member is addressed in the subpoena as a “non-party,” meaning she is not a defendant or other party in the suits.

She was ordered to appear at the offices of Mt. Bethel’s attorneys with communications between her and “any agent of the North Georgia Conference of the United Methodist Church” regarding Mt. Bethel or the lawsuit.

The subpoena also ordered her to provide communications between her and Rev. Dr. Steven Usry, the appointed senior pastor at Mt. Bethel that the church has refused to accommodate, as well as Bishop Sue Haupert-Johnson and superintendent Jessica Terrell of the North Georgia UMC.

The church member also was ordered to provide communications between her and members of the press and between “you and with any person since Jan. 1, 2018” regarding Mt. Bethel or the suit.

Cobb Superior Judge Mary Staley Clark has scheduled a March 15 hearing to consider motions in a lawsuit filed against Mt. Bethel by the North Georgia Conference, as well as Mt. Bethel’s countersuit. Both sides are seeking injunctions to be considered the week of April 25, according to court filings.

Mt. Bethel leadership has called a church administrative council meeting for Sunday at 4 p.m. in the sanctuary on the main campus (4385 Lower Roswell Road).

On Friday, Mt. Bethel’s lead attorney sent a congregation-wide e-mail explaining that the process of collecting documents and testimony from “from individuals and entities they believe may have knowledge of relevant facts” is part of every lawsuit, “and such requests are in no way accusatory, nor should assumptions be drawn based upon them.”

That message, written by Robert D. Ingram of the prominent Marietta law firm of Moore, Ingram, Johnson & Steele, added that “while the inconvenience and disruption caused by the discovery process is unfortunate, it is an important tool for developing and preserving relevant facts. It is in this way that the truth both comes to light and may then be presented in a court of law.”

‘What purpose is served by this?’

Mt. Bethel members who are against the actions by church leadership have formed a group called the Friends of Mt. Bethel, and on Tuesday sent out an e-mail denouncing the subpoena of the church member.

“Our church is using this legal process to go after some of its own members, people who are in no way responsible for any of the decisions at issue in this lawsuit,” said the Friends of Mt. Bethel e-mail.

The message acknowledged that while issuing subpoenas to its members is legal, “it should never have happened. These members are not parties to the lawsuit, and they had no involvement in the decisions at issue in the case. Their private messages should not have been requested by Mt. Bethel, nor should the Conference have shared them without a court order.

“Imagine the amazement, concern, and fear when people realize their own church has served them legal papers and that they must now obtain legal counsel. What purpose is served by this?”

Mt. Bethel, with nearly 10,000 members, is the largest of the 800 congregations comprising more than 300,000 members in the North Georgia Conference.

The Mt. Bethel dispute arose in April 2021, when Haupert-Johnson reassigned Rev. Dr. Jody Ray, Mt. Bethel’s senior pastor, to a non-pastoral post in the North Georgia Conference office.

Mt. Bethel refused the reassignment of Usry to replace him, alleging the church was not properly consulted. Ray turned in his UMC ministerial credentials and was hired by Mt. Bethel as a lead pastor and CEO.

The church also declined to provide Usry office space or pay his full salary. Although he has met with Mt. Bethel members elsewhere since his appointment, he said he is staying away from the Mt. Bethel premises during the legal dispute.

Mt. Bethel’s countersuit lists North Georgia UMC leadership as defendants, as well as five “John Doe” defendants it describes as “unknown individuals or entities who conspired with the other counterclaim and third-party claim defendants and engaged in the wrongful conduct described herein.”

According to Mt. Bethel, North Georgia UMC officials and other defendants in the Mt. Bethel countersuit “agreed, schemed, combined and aspired . . . to prevent Mt. Bethel’s disaffiliation vote and to take its property.”

After declaring it was not a church in good standing, the North Georgia Conference concluded that “exigent circumstances” prompted it to possess Mt. Bethel properties and assets, and ordered it closed.

Claims of ‘fraudulent conspiracy’

Mt. Bethel claims that’s part of a “fraudulent conspiracy” to strip the church of those properties, valued at nearly $35 million by the North Georgia Conference.

Activities at the main Mt. Bethel campus on Lower Roswell Road and another property on Post Oak Tritt Road are continuing, and Ray remains in the positions created for him.

The North Georgia UMC said those actions and others, including Mt. Bethel’s treatment of Usry, violate the denomination’s Book of Discipline governing procedures.

Nearly 200 UMC delegates are asking that the General Conference be delayed to 2024 due to continuing COVID-19 issues.

That policy-making body was originally scheduled to meet in 2020, but has been delayed by COVID-19 concerns.

The UMC—the second-largest Protestant denomination in the U.S.—has been roiled in recent years by conflicts over theological issues, particularly gay and lesbian clergy and performing same-sex marriages.

The UMC currently bans both, but conservative congregations, including Mt. Bethel, formed the Wesleyan Covenant Association in 2016, anticipating that would change.

The North Georgia Conference claims churches not in good standing are not eligible to have a disaffiliation vote.

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Rep. McBath announces 2022 Congressional Art Competition

East Cobb students Congressional art contest
A photograph submitted by a Pope High School student in the 2020 Congressional Art Competition.

Submitted information:

Congresswoman Lucy McBath announced the start of the 2022 Congressional Art Competition, her fourth art competition since taking office in 2019. The competition is open to high school students in Georgia’s Sixth Congressional District and the deadline for submissions will be Friday, April 22, 2022. 

“Supporting and encouraging participation in the arts is so vital for our young people, which is why I am thrilled to launch this year’s Congressional Art Competition,” McBath said. “Each year, I am blown away by the talent and creativity of students from right here in our community. I look forward to seeing the incredible artwork from our local high schoolers, and I encourage all who may be interested to submit and be a part of this exciting competition.”   

Each spring, a nationwide high school arts competition is hosted by the U.S. House of Representatives. The Congressional Art Competition is an opportunity to recognize and encourage the artistic talent of students in the Sixth Congressional District and across the nation. Winning artwork from the Sixth District Congressional Art Competition (1st, 2nd, and 3rd place) will be eligible for display in the U.S. Capitol or in one of Rep. McBath’s offices.

Submissions will be accepted by McBath’s office over the next two months and will only be accepted digitally at arts.mcbath@mail.house.gov. More information and the required release form for the competition can be accessed at https://mcbath.house.gov/art-competition. For any additional questions, please contact McBath’s Sandy Springs District Office by calling (470) 773-6330.

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Cobb schools to hold resource fair for students with disabilities

The Cobb County School District will hold a resource fair for students with disabilities and their parents on March 8 at North Cobb High School.Cobb County School District, Cobb schools dual enrollment summit

The event will provide information about summer camps, ballet, swimming, sports, theatres, museums and other extracurricular opportunities.

The fair, which last was held in March 2020, right before the COVID-19 pandemic was declared, takes place from 6:30 p.m. to 8:30 p.m. on March 8 and reservations to attend can be made by clicking here.

More than 50 vendors will be on hand to provide information about sensory-friendly and accessible options.

They include the Alliance Theatre, Atlanta Symphony Orchestra, Children’s Museum of Atlanta, Cobb Aquatics, Cobb County Public Library System, Cobb PARKS Cultural Arts, Girl Scouts, High Museum of Art, Rockstar Cheer, Six Flags Over Georgia, Tellus Science Museum and Zoo Atlanta.

“We are so excited to offer this fair as an in-person event again – it gives our families the opportunity to interact with representatives who can directly share their accessibility and sensory-friendly offerings! We have new participants joining this year along with the former,” said Dominique Terens, Cobb Schools Special Education Compliance Supervisor, in a release issued by the district.

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Cobb COVID rates fall sharply, but emergency order continues

Cobb paid leave county employees

The rate of COVID-19 transmission in Cobb County is nearing a benchmark figure.

But Cobb Commission Chairwoman Lisa Cupid said it’s not enough to end an emergency declaration she extended last week into March.

At the end of Tuesday’s Cobb Board of Commissioners meeting, Cupid said that the 14-day average of COVID cases per 100,000 people in the county is now 246.

That’s a steep drop from more than 2,500 in January, at the peak of the Omicron surge.

But public health officials consider anything more than 100 cases per 100K a “high” rate of community spread.

“Shall we have rates that that fall below the rates of high transmission, I will be glad to end the order,” she said, adding that she’s also considering the burden on local hospitals.

Cupid didn’t have any specifics on that, but said that she understands public frustration over the order.

“I am no glutton for the punishment that I receive in the e-mails and calls that I get,” said Cupid, who in recent months has been publicly masked, and also tested positive for COVID earlier this month.

“I look forward to the day where I don’t have to wear this mask and we can see all of our county facilities full again.”

The order continues the use of the county’s emergency operations plan and requires citizens attending commission meetings in person to wear masks and observe social-distancing protocols.

A separate mask mandate for indoor county facilities issued by Cobb County Manager Jackie McMorris is set to expire Feb. 28. That mandate includes libraries and indoor recreation facilities.

A previous emergency order limited the number of spectators at county-run indoor aquatics centers, spurring complaints from high school swimmers and their families who were unable to watch meets.

Cupid said among the metrics she watches is the COVID test positivity rate—five percent is considered high—and indicated that the current rate in Cobb is around eight percent, also down from 22 percent at the start of February.

She said the emergency order could end before the renewed 30-day window, and that “the numbers are dropping, and I am very hopeful that day will be with us soon.”

Cupid did not say if she might issue another order if the case rates in Cobb go over 100.

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NE Cobb resident announces campaign for Cobb commissioner

Judy Sarden, an attorney and homeschooling advocate who lives in Northeast Cobb, has announced her campaign for District 3 on the Cobb Board of Commissioners.Judy Sarden, Cobb commission candidate

She is running in the May 24 Republican primary, and has lived in Cobb County for 15 years, initially residing in South Cobb.

District 3 is currently held by Republican JoAnn Birrell, whose third term expires at the end of 2022.

Sarden announced her campaign on Friday, and in a release said that she “understands first-hand why people move to and stay in Cobb County as well as the challenges that Cobb families face—specifically, zoning issues, county finance accountability, keeping taxes low, providing the best education for our children and maintaining an active and vibrant community.”

She said that her objective “is to serve the people of District 3 as a Commissioner who listens to her constituents and who ensures that their voices are heard at the county level. She understands that regardless of who a constituent voted for, our County commissioner represents all residents of her district and she hopes to help our community begin to healafter the divisiveness of the recent past.”

Sarden’s campaign website can be found here. She filed her declaration of intent to run on Feb. 11. Qualifying for the primaries is March 7-11.

On her campaign site, Sarden also mentioned East Cobb Cityhood, which is also on the primary ballot for eligible voters in the proposed city.

Sarden said while she supports voters having the right to decide on whether to become a city, “there appear to be many unanswered questions that the original feasibility study did not answer and that need to be addressed and debated before a vote should occur.”

She said the referendum is taking place along a “rushed timeline” and linked to a special work session held by commissioners last week (previous ECN story here).

While the current District 3 boundaries do not include the proposed city of East Cobb, a bill moving through the Georgia legislature would redraw the seat to cover the proposed city, and most of the East Cobb area in general.

Sarden and her husband homeschool two children and she also has an adult son and two grandchildren. The family attends First Baptist Church in Woodstock.

She earned a business degree from Auburn University and law degree from Samford University, and has been a corporate attorney for more than 20 years.

Sarden also has written a book about homeschooling and has spoken around the country on that topic.

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Cobb Comprehensive Plan District 2 meeting set for Thursday

Cobb 2040 Comprehensive Plan update
For a larger view of the Cobb Future Land Use Map, click here.

A virtual meeting to present the 5-year update to the 2040 Cobb Comprehensive Plan will take place on Thursday.

The focus will be on District 2, which includes a part of East Cobb, and is scheduled for 6-8 p.m.

You can view the meeting by clicking here; the meeting number is 2308 013 1067. Participants can also call in toll free at 415-655-0003, with the same access code. 2308 013 1067

Four meetings have been scheduled, and will culminate with an in-person open house on April 14, at a location and time to be announced.

Every five years the state requires local governments to update their long-term planning priorities. The last update in Cobb was in 2017 (you can read it here).

The update covers a wide range of planning topics, including land use, transportation, housing, economic development, community facilities, human services, public health, education, natural and historic resources, public safety, intergovernment coordination, disaster resilience, military compatibility and place-making.

Citizens can also provide feedback to the Cobb Community Development Agency by clicking here to complete this survey today.

For more information on the Comprehensive Plan update, click here.

 

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East Cobb Cityhood group to hold town hall meeting March 7

East Cobb Cityhood town hall meeting
The Committee for East Cobb Cityhood interactive map outlines the proposed boundaries down to the neighborhood level. For more detail, click here.

The Committee for East Cobb Cityhood will be holding an in-person town hall meeting on March 7 to discuss the upcoming May 24 referendum.

The town hall starts at 6 p.m. at the Olde Towne Athletic Club (4950 Olde Towne Parkway), but it’s open only for citizens who live in the proposed city boundaries.

The cityhood group announced that the event sold out quickly and no more reservations are being accepted for those wishing to attend in person.

Group spokeswoman Cindy Cooperman said the event room at Olde Towne has a capacity of 300 and she’s received at least that many RSVP requests.

She said the group is working to live-stream the town hall and that likely will be available on its Facebook page.

This will be the first in-person event the group has had since East Cobb cityhood was revived in 2021.

The group had several virtual information sessions, including one earlier this month as cityhood legislation was being approved by the Georgia legislature.

While those sessions included questions from the community, they were selected by cityhood group leaders for discussion.

In the initial East Cobb cityhood effort in 2019, cityhood leaders held several town hall meetings and also participated in a forum with opponents.

But it was after that forum at Olde Towne that cityhood advocates said they would delay their efforts to 2021.

The current cityhood group includes some of the original members, and has not indicated if there will be other in-person meetings before the referendum, other than with specific community and neighborhood associations.

The referendum will ask registered voters in the proposed city whether or not they wish to incorporate. The East Cobb legislation included a map of around 60,000 people, centered along the Johnson Ferry Road corridor.

The law signed by Gov. Brian Kemp last year (you can read it here) includes a charter setting up a governance structure, proposed services and city operating procedures, and election boundaries.

If the referendum is approved, then elections for the mayor and six city council members would take place in November.

The cityhood group also has revised an interactive map produced for the original campaign that allows residents to search by address to see if their neighborhood is in the proposed city.

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Credit Union of Georgia participating in America Saves Week

Credit Union Georgia America Saves Week

The Credit Union of Georgia—which has a branch in East Cobb at 1020 Johnson Ferry Road—is taking part in America Saves Week this week.

It’s an annual national effort to encourage individuals and families to develop automatic savings habits, prepare for unexpected expenses and retirement and reduce debt.

Through Friday the Credit Union of Georgia will be posting savings tips on its social media platforms.

The credit union’s savings products include regular savings accounts, money market funds, certificates of deposit, club accounts, college savings accounts and kids club accounts.

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Cobb food scores: Garden and Gun Club; Sterling Estates; more

Garden and Gun Club, Cobb food scores

The following Cobb food scores for the week of Feb. 14 have been compiled by the Cobb & Douglas Department of Public Health. Click the link under each listing for inspection details:

Garden & Gun Club
2605 Circle 75 Parkway, Suite 410
February 14, 2022 Score: 80, Grade: B

Jersey Mike’s
2960 Shallowford Road, Suite 106
February 18, 2022 Score: 100, Grade: A

McDonald’s 
3011 Johnson Ferry Road
February 16, 2022 Score: 100, Grade: A

Panda Express
2580 Windy Hill Road, Suite 600
February 15, 2022 Score: 91, Grade: A

The Patty Wagon
4796 Canton Road, Suite 500
February 16, 2022 Score: 100, Grade: A

Starbucks
3629 Sandy Plains Road
February 17, 2022 Score: 100, Grade: A

Sterling Estates of East Cobb
4220 Lower Roswell Road
February 14, 2022 Score: 90, Grade: A

Wendy’s 
2961 Shallowford Road
February 14, 2022 Score: 100, Grade: A

Windy Hill Athletic Club
135 Interstate North Parkway
February 17, 2022 Score: 92, Grade: A

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Former UGA coach Mark Richt to speak at Cobb Prayer Breakfast

Former University of Georgia football coach Mark Richt will be the keynote speaker at the Cobb County Prayer Breakfast on May 5.Mark Richt

The breakfast takes place at the Cobb Galleria Centre starting at 7 a.m. on May 5, which is the National Day of Prayer.

Richt coached the Bulldogs from 2001-2015 and compiled a record of 145-51. He also coached his alma mater, the University of Miami in Florida. He currently is a college football analyst with the ACC Network and last year was diagnosed with Parkinson’s Disease.

Richt was a longtime assistant coach at Florida State University under Bobby Bowden before he came to UGA.

Scott Gregory, co-chair of the Cobb County Prayer Breakfast Committee, said “Coach Richt’s faith walk has been such an enormous influence on scores of young people over the years, including my own.

“I was fortunate to attend Fellowship of Christian Athlete meetings in Tallahassee as a young person, where Coach Bowden and Coach Richt shared the importance of faith, family and football. The stories and lessons had a lasting impact on me. We are so grateful to Coach Richt for his willingness to join our community in prayer and to share the power of prayer and faith with us.”

Tickets for the prayer breakfast are $30 each and tables of 10 and sponsorships are available at http://www.cobbcountyprayerbreakfast.org.

For additional information contact: ccprayerbreakfast@gmail.com.

 

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Cobb DA’s office to hold prayer vigil for Ahmaud Arbery Day

The Cobb District Attorney’s Office said this week it will be holding a prayer vigil Wednesday in observance of Ahmaud Arbery Day.Arbery prayer vigil

The prayer vigil will take place at the Marietta Square at 2 p.m. Wednesday, on the two-year anniversary of Arbery’s death.

He was a 25-year-old black man in Brunswick who was shot to death on Feb. 23, 2020, as he was jogging through a neighborhood.

The Cobb DA’s office prosecuted the murder trials of Travis McMichael, Greg McMichael and William R. Bryan, who were convicted by a Glynn County jury in November.

The three men also are defendants in an ongoing federal hate crimes trial in Savannah.

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Mike Boyce remembered as ‘good and faithful servant’ at Mt. Bethel

Mike Boyce remembered, Judy Boyce
Judy Boyce speaking at her husband’s memorial service Friday at Mt. Bethel UMC.

Former Cobb Commission Chairman Mike Boyce was remembered by family members, friends and his fellow church members in East Cobb on Friday.

At a memorial service at Mt. Bethel United Church, where he was a member, Boyce was remembered as a faithful member of the U.S. Marine Corps, actively involved in church and community activities, and someone who liked to inspire and motivate others.

Boyce was 72 when he died in January, after suffering two strokes while attending a leadership seminar at the University of Notre Dame, his alma mater.

He served as chairman from 2017-2020, after ousting incumbent chairman Tim Lee in the Republican primary. Boyce lost his re-election bid in 2020 to Democrat Lisa Cupid.

His four years at the head of county government turned out to be culmination of his many local activities in Cobb after he married Judy Boyce, a longtime Marietta resident, 22 years ago.

Other remembrances came from his son Kevin, retired Mt. Bethel senior pastor Rev. Randy Mickler and his successor, Dr. Rev. Jody Ray.

(You can watch a replay of the service by clicking here.)

Bob Babcock, a Mt. Bethel member and former U.S. Army officer, talked about Boyce’s efforts to help his fellow veterans to sign up for their benefits. One of them went to a VA doctor as a result and after getting an early diagnosis of cancer, has been a survivor for 10 years.

“Mike’s legacy will never die,” Babcock said. “If you want to look for a legacy, don’t look for a monument, look at the person to the left or the right or in front of you, and ask, ‘How did Mike help you?’

“Most of us,” Babcock said, his voice breaking with emotion. “Most of us. . . Thank God for Mike Boyce.”

Rob Lee, Boyce’s political adviser for both his 2016 and 2020 races for chairman, said one of Boyce’s greatest attributes was his ability to inspire confidence in those around him.

Lee said whenever he felt he wasn’t up to a task, Boyce would say, “I trust you. I’m here because I trust you to help me get to where I want to be. . . . He just makes you want to work harder, to relish the relationship I had with him.”

That relationship, Lee said, transcended politics.

Boyce served 30 years in the U.S. Marine Corps, stationed around the world in his many capacities (Mt. Bethel choir members sang the Marines’ Hymn at the end of the service).

Mickler, who was the senior pastor at Mt. Bethel for 29 years, said “the real Mike Boyce had a streak. I won’t say it was mean, but I wouldn’t want to cross him.”

He said while he was driving Boyce around the campaign trail, Mickler asked him if he was fearful of knocking on doors in a “rough neighborhood.”

“Randy,” Mickler recalls Boyce telling him, “I can kill anybody. . . . 22 times . . . with my hands,” prompting the Mt. Bethel audience to erupt in laughter.

“I said, ‘OK, I got it, I got it,’ ” Mickler said.

At the end of his remarks, and after quoting from 1st Corinthians, Mickler said summing up Boyce’s life, “well done, good and faithful servant. Well done.”

Judy Boyce, a retired flight attendant, has attended Mt. Bethel for more than 40 years. When her husband retired from the Marines, they moved to East Cobb and he plunged right into church and community activities.

In her remarks at the service, she fought back tears talking about his easy-going nature around the house and his simple tastes.

“Mike never had a home,” she said. “He traveled, and when he came to Marietta, he said this was home.”

He liked to entertain people at home for dinner more than meet them at a restaurant, but on Saturdays the Boyces liked to have breakfast at Waffle House.

Boyce’s favorite restaurant was Panda Express and he also liked McDonald’s Happy Meals, she said, “but only the toy.”

“They’re low standards, but they’re mine,” she recalled him telling her, prompting more chuckling from the audience.

“I’m very grateful to God for the 22 years he gave me with Mike,” Judy Boyce said. “Rest in peace my Marine.”

Mike Boyce remembered

 

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4 candidates qualify in East Cobb Ga. House special election

Georgia House District 45 map
For a larger view of the current District 45 map, click here.

Three Republicans and one Democrat have qualified for a special election in April for a Georgia House seat in East Cobb.

According to the Georgia Secretary of State’s office, the candidates competing in a “jungle” election in District 45 are the following:

  • Mitchell Kaye, a Republican;
  • Pamela Alayon, a Republican;
  • Dustin McCormick, a Democrat;
  • Darryl Wilson, a Republican.

Qualifying ended Friday afternoon. The special election was called for April 5 by Gov. Brian Kemp after former State Rep. Matt Dollar resigned on Feb. 1.

His successor will serve through the end of the year, when Dollar’s term expires.

In the May 24 primary, candidates for the newly drawn District 45 will be running in a separate election. Qualifying for primaries in all races takes place from March 7-11.

McCormick, a project management official at McKesson, had previously announced plans to run in the May primary in the new District 45.

Kaye is a former state representative who served District 45 for a decade, from 1993-2003, before Dollar began his tenure in the legislature.

Alayon is a hospitality recruiting franchisee who ran for chair of the Cobb Republican Party in 2021.

Wilson is a commercial airline pilot who was the chairman of the 6th Congressional District Republican Party and also ran for Cobb GOP chair.

In the special election, the four candidates will be competing together. If the top vote-getter does not receive a majority, a runoff between the top two finishers would take place on May 3

Dollar, who took a job with the state’s technical college system, said last fall he was not running for re-election after 20 years in office.

He and State Rep. Sharon Cooper, an East Cobb Republican who represents District 43, were drawn together during reapportionment.

Dollar was the main sponsor of the East Cobb Cityhood bill that was passed into law this week.

Voters in the proposed City of East Cobb will decide on whether to create a new city on May 24.

McCormick has stated his opposition to the proposed city of East Cobb.

The Cobb Elections office said there are 12 precincts in the county with voters who are eligible to vote in the special election:

  • Chestnut Ridge; Dickerson; Dodgen; Hightower; Murdock; Mt. Bethel 1; Mt. Bethel 3; Pope; Roswell 1; Roswell 2; Sewell Mill 1; Timber Ridge

Voters can check their eligibility for the special election by visiting the Secretary of State’s office My Voter Page.

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Pedestrian killed on Lower Roswell Road after being struck by car

Lower Roswell pedestrian fatality

A woman who was walking on Lower Roswell Road Thursday night died after being struck by a car.

Cobb Police said Elizabeth Hightower, 55, of Marietta, was pronounced dead at the scene.

In a release, Sgt. Wayne Delk said she was walking westbound on Lower Roswell at 6:52 p.m. when she was hit by a blue 2017 Nissan Altima, also heading westbound on Lower Roswell.

Police said the crash occurred near the intersection of Sunset Trail, east of Davidson Road.

Delk said Hightower was not walking within the crosswalk when she was struck. The 22-year-old driver of the Altima had minor injuries and refused medical treatment at the scene, Delk said.

Police said Hightower’s next of kin have been notified and that the crash is still being investigated. Anyone with information is asked to call 770-499-3987.

 

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East Cobb Cityhood bill signed into law; May 24 referendum set

East Cobb Cityhood bill signed
Gov. Brian Kemp signs the East Cobb cityhood bill with sponsor former Rep. Matt Dollar to his left and Committee for East Cobb Cityhood members (L-R) Scott Sweeney, Cindy Cooperman, Sarah Haas and Craig Chapin.

Georgia Gov. Brian Kemp has signed legislation calling for a May 24 referendum on East Cobb Cityhood.

Final passage of HB 841 took place on Tuesday in the Georgia House, and the bill was sent to the governor’s office to be signed into law.

Eligible voters inside the proposed East Cobb city limits will decide on incorporation on the same day as the Georgia general primary.

The ballot language included in the bill will ask voters the following question:

“Shall the Act incorporating the City of East Cobb in Cobb County according to the charter contained in the Act be approved?”

If the referendum is approved by a majority of the voters, elections for a mayor and six city council members will take place on the Nov. 8 general election, with the beginning of city operations and a two-year transition to start in January 2023.

The East Cobb legislation is the first of four cityhood bills in Cobb County to be considered in the current legislative session.

The proposed City of East Cobb would have roughly 60,000 people in a 25-square-mile area centered along Johnson Ferry Road, from Shallowford Road south to the Chattahoochee River and from the Fulton County line west to a line roughly along Murdock Road and Old Canton Road. Click here for a larger version of the map.

Revised East Cobb city map

On Thursday, the Georgia Senate passed similar legislation for Lost Mountain in west Cobb, and is set to vote on a bill for a referendum for Vinings.

A Mableton cityhood bill is still in the House.

All four Cobb cityhood bills call for May referendums, instead of November.

That sparked protests by Cobb government officials, who said they haven’t had time to assess the financial and service impacts.

On Tuesday, they addressed Cobb commissioners as part of a county “cityhood awareness campaign.” The major claim is that more than $45 million would be lost in county revenues if all four cities are created.

More than 200,000 people—nearly a quarter of Cobb’s population—live inside the proposed new cities.

Cobb has had its current existing cities—Marietta, Smyrna, Acworth, Kennesaw, Austell and Powder Springs—for more than a century, after Mableton briefly became a city and then went unincorporated.

Lost Mountain, Mableton and Vinings are proposing “city light” services that are focused on planning and zoning.

East Cobb is proposing planning and zoning, code enforcement and public safety services, and possibly parks and recreation.

At Tuesday’s commission work session, the heads of Cobb’s public safety agencies questioned the East Cobb financial feasibility study conclusions and expressed concerns about staffing, equipment, response time and training for the proposed East Cobb police, fire and 911 services.

The Committee for East Cobb Cityhood said it is planning an in-person town hall meeting for the general public soon, but has not set a date.

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Cobb officials question East Cobb police and fire proposals

East Cobb fire map
Cobb Fire officials said areas in red would be in the new City of East Cobb (otherwise in blue) but are serviced by county stations. The area in yellow would remain in Cobb but is serviced by what would be a city station.

The leaders of Cobb County government’s public safety agencies said Tuesday that police and fire services for the proposed City of East Cobb are lacking many financial and service details.

During a special called work session of the Cobb Board of Commissioners, the heads of the county’s police, fire and 911 services showed slides highlighting what they’re providing, but said a financial feasibility study for East Cobb raises more questions than answers about what a new city may be able to deliver.

“We’re not here to advocate, but to educate,” Cobb public safety director Randy Crider said during the virtual work session, which included no discussion among commissioners. “But I’ve been asked a lot of questions I don’t have answers for.”

Legislation calling for a May 24 referendum to determine East Cobb Cityhood is awaiting Gov. Brian Kemp’s signature into law. Three other cityhood bills—for Lost Mountain, Mableton and Vinings—also are expected to receive passage, with referendums also in May.

Cobb Commission Chairwoman Lisa Cupid told legislators in January that cityhood votes in all four proposed areas were being rushed, and that the county hadn’t had time to examine the financial and service impacts.

Those presentations were made Tuesday at the work session by Cobb public safety, parks and community development officials.

(You can watch a replay of the video by clicking here; and view the presentation slides by clicking here.)

The county has created a cityhood page that claims an estimated $45 million will be lost annually of all four new Cobb cities are created.

Nearly half of that—around $23 million—would come out of East Cobb, and most of the work session was devoted to East Cobb services, specifically police and fire. The other three cities are proposing “city light” services centered on controlling growth and development.

That was also the centerpiece of the original East Cobb legislation filed in March 2021 by former State Rep. Matt Dollar. Public safety was added last fall, as researchers from Georgia State University were conducting a financial feasibility study.

That study, released in November, concluded a City of East Cobb of around 60,000 people was financially feasible, even with public safety services estimated at costing $14 million a year.

The East Cobb bill also calls for planning and zoning, code enforcement and parks and recreation services.

More than half of the proposed city’s estimated $27 million in annual revenues would come from the 2.86 mills transferred from the Cobb Fire Fund.

At Tuesday’s work session, Crider repeated concerns he expressed to legislators that the East Cobb study is “just general” about public safety issues, including staffing, equipment, response time and training.

“We need to know what’s expected of us,” he said, referring to what may be included in intergovernmental and mutual aid agreements, similar to what the county provides in backup roles with Cobb’s six existing cities.

Crider said there aren’t enough details in the East Cobb study about exactly what specialty units a new city’s police department may have, such as SWAT units.

The East Cobb study also calls for a city fire department to consist of two stations—21 on Lower Roswell Road, at the East Cobb Government Service Center, and 15 on Oak Lane.

In showing commissioners a map of the proposed city, Cobb Fire Chief Bill Johnson said he has concerns about response time.

That’s because some parts of the proposed city (in red on the map) are served by stations that would remain in unincorporated Cobb. An area that would be located just outside of the city (in yellow) is now serviced by Station 15, which would be in the new city.

He also said he didn’t know how the East Cobb fire department would be staffed. The City of Roswell, for example, has many firefighters who work part-time shifts when off-duty from full-time jobs in other fire departments.

Stuart VanHoozer, the interim Cobb Fire Chief, and Cobb 911 Director Melissa Altiero also said they were unclear how their departments may be asked to provide support to a proposed City of East Cobb.

But Cindy Cooperman, a spokeswoman for the Committee for East Cobb Cityhood, called the county’s response “disappointing,” saying the county “has not properly briefed their staff on the well-established process in Georgia to form a city.”

Should a City of East Cobb referendum be approved, elections for a mayor and six city council members would take place in November, with a two-year transition period starting in January 2023.

She said the newly elected officials would work with a transition committee appointed by the governor to formalize processes and details for transferring services to be provided by the new city.

“This is not something new,” she said, referring to similar processes that have taken place in recent years in Milton, Johns Creek and Peachtree Corners. “These cities are thriving and have happy residents as a result.”

Cooperman also said that the “internal analysis of county staff is not credible when it suggests that the cost offset to $45M in revenue will only be approximately $450K.

“The county’s rushed attempt at an analysis was not thorough enough because many vital details on actual costs still need to be disclosed by the county.

“They had a year to analyze this properly and failed to do so,” Cooperman said.

The only direct meeting between East Cobb Cityhood forces and the county was in April of 2021 between Dollar and Cupid.

Cooperman said the cityhood group reached out to Cupid for a meeting in November with the addition of police and fire services, but has not yet heard back.

Cobb government spokesman Ross Cavitt referred East Cobb News to a statement Cupid made in a video early this week “that she is open to meet with anyone.” 

He provided a statement from Cupid referencing the Dollar meeting and saying that “I met other proponents about the effort approximately 2-3 weeks ago during a legislative meeting. They said they wanted to meet again and we will work on making that happen.”

Cooperman said the cityhood group is planning an in-person town hall after the Cobb County School District winter break next week, but a specific date has not been set.

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Former East Cobb GOP legislator running in special election

Mitchell Kaye, who held a Georgia House seat in East Cobb for a decade, announced Wednesday he is running in the special election for District 45.Mitchell Kaye, Georgia House special election

Kaye served from 1993-2003, and was the first Jewish Republican elected to the Georgia legislature.

In a press release announcing his campaign, Kaye said he’s running because “it is important that this seat remain Republican.”

The special election was called for April 5 after longtime GOP Rep. Matt Dollar resigned to take a job with the state technical college system.

His successor will serve the rest of Dollar’s term, through the end of the year.

A primary for the new District 45 will be held in May. State Rep. Sharon Cooper, an East Cobb Republican who has held the nearby District 43 since 1997, has been drawn into the new 45.

Qualifying began Wednesday and continues until 1 p.m. Friday for the special election, which will be held in a “jungle” format, meaning candidates of all parties will be running together.

If the leading candidate does not get a majority of the vote, a runoff will take place on May 3.

The only other special election candidate who has announced is Democrat Dustin McCormick.

Kaye has lived in East Cobb for more than 30 years and is a financial and valuation analyst. He and his wife Amy have three children and two grandchildren and are members of the Chabad at Cobb synagogue.

He also has written a column for the Atlanta Jewish Times publication.

During his time in the legislature, Kaye was a deputy minority whip when Republicans were in the minority.

He received a legislator of the year award from the Eagle Forum for supporting parental rights in education. Kaye also worked to repeal a state tax on used cars.

The Republican-dominated Georgia General Assembly reapportioned Congressional and legislative seats in November in an attempt to solidify their majorities.

Democrats have filed lawsuits claiming the redrawn lines are diminishing black voting power, especially in former conservative areas like Cobb that are electing more Democrats.

In his campaign release, Kaye said that “unless a judge throws out the reapportionment maps, the winner of this election will not serve a single day when the legislature is in session, and it is critically important that constituent services go uninterrupted.”

If the lines must be redrawn in a special session, Kaye said, “I have been through these reapportionment battles before. Now is not the time for on the job training as experience is more important than ever.”

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Cobb school students compete in Helen Ruffin Reading Bowl

Cobb Helen Ruffin Reading Bowl
Rainey Sharrow, a Walton student, and her mother, Susan Sharrow, a Pope media specialist, volunteering at the Helen Ruffin Reading Bowl at Mt. Bethel Elementary School. Photo: Cobb County School District

After being cancelled in 2021 due to COVID-19, students from the Cobb County School District gathered in hybrid fashion in January to compete in the Helen Ruffin Reading Bowl.

It’s a multi-stage, quiz-style competition started in 1986 by a former DeKalb County educator to encourage students to master reading skills.

After an initial competition that drew 37 teams in virtual format, Cobb students came to Mt. Bethel Elementary School in East Cobb in January in a face-to-face stage.

Among the volunteers was Pope High School media specialist Susan Sharrow, and her daughter Rainey, a senior at Walton High School.

“The talent our students have is remarkable, and I love witnessing their nerves turn to calm as they confidently buzz in and answer questions about the books,” Susan Sherrow said in a release issued by the Cobb County School District.

Six Cobb teams advanced to the West Regional competition, and Cobb teams swept first place titles in all grade levels.

Representing the Cobb school district at the virtual state competition in March are students from Kemp Elementary School, Campbell Middle School and South Cobb High School.

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Former East Cobb attorney sentenced in litigation fraud scheme

A disbarred attorney from East Cobb has been sentenced to nearly six years in prison after being convicted by a federal jury of wire fraud and aggravated identity theft involving some of his clients.East Cobb man convicted

According to the U.S. Attorney’s Office in Atlanta, Chalmer “Chuck” Detling II, who was disbarred in 2016, was given a sentence of five years and 10 months, plus three years of supervised release, and was ordered to pay $254,837 in restitution by U.S. District Judge Leigh Martin May.

Detling, 45, who was the owner of the Detling Law Group on Roswell Road, was indicted by a federal grand jury in 2018, after prosecutors alleged he used the identities of his clients without their knowledge to obtain litigation advances totaling nearly $400,000.

During his trial, the U.S. Attorney’s Office said evidence was presented showing Detling received the high-interest loans between October 2014 and April 2016.

The office said that Detling “knew when he submitted the agreement paperwork that the clients had not actually executed the agreements. He did so even after several clients expressly told him they did not need or want such financing.”

A release by the office said that “Detling was able to secure these fraudulent litigation advances without his clients’ knowledge in part because the financing companies did not require the clients to be present when applying for the litigation advances or receiving the disbursements.”

In 2012, Detling was fined by the U.S. Securities and Exchange Commission after admitting that he helped conceal a federal fraud indictment against a former client who was pursuing a municipal bond issue to purchase a casket company.

The U.S. Attorney’s Office said it was told the litigation fraud scheme after an anonymous tip was given to the Georgia Bar Association.

“This tough but fair sentence should remind those considering similar behavior about the consequences of those decisions, especially licensed professionals who are considering exploiting their clients in a time of need,” said U.S. Attorney Karl Erskine in a statement.

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Qualifying starts Wednesday for Ga. House special election

Georgia House District 45 map
For a larger view of the current District 45, click here.

Qualifying for an April 5 special election to fill the Georgia House seat 45 in East Cobb will take place Wednesday through Friday of this week.

Secretary of State Brad Raffensperger said in a release that qualifying will take place at the Georgia State Capitol (2 MLK Jr. Drive, Suite 802, Floyd West Tower, Atlanta) from 9 a.m. to 5 p.m. Wednesday, from 8 a.m. to 5 p.m. Thursday, and from 8 a.m. to 1 p.m. on Friday.

The qualifying fee is $400.

The special election was called last week by Gov. Brian Kemp after the resignation of longtime Republican State Rep. Matt Dollar, who has taken a job with the state’s technical college system.

The successor will fill out the remainder of Dollar’s term, which expires Dec. 31. Candidates and voters must live within the current boundaries of District 45 (map here), which also includes some of North Fulton.

That seat will be redrawn for the May primary and November general election. Dollar said last fall he was not seeking re-election after he and GOP State Rep. Sharon Cooper of the nearby 43rd district were drawn together.

The last day to vote in the special election is March 7, and advance voting will begin on March 14. A runoff, if needed, would take place May 3.

Thus far Democrat Dustin McCormick is the only candidate who has announced his candidacy for the special election. He also said he will be running in the new District 45.

The Cobb Elections office said there are 12 precincts in the county with voters who are eligible to vote in the special election:

  • Chestnut Ridge
  • Dickerson
  • Dodgen
  • Hightower
  • Murdock
  • Mt. Bethel 1
  • Mt. Bethel 3
  • Pope
  • Roswell 1
  • Roswell 2
  • Sewell Mill 1
  • Timber Ridge

Voters can check their eligibility for the special election by visiting the Secretary of State’s office My Voter Page.

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