As the Georgia Bureau of Investigation begins a probe of the Cobb Superior Court Clerk’s office, Cobb government officials responded Tuesday to some of the claims made by that office’s accounting manager.
Cobb government issued a release Tuesday afternoon saying that some of the comments made by Maya Curry—who is alleging that Superior Court Clerk Connie Taylor has collected more than $400,000 in passport application fees since taking office in January 2021—contain “misleading information.”
Curry, who was hired to work in the clerk’s office in March, is claiming that Taylor ordered her to destroy records about the passport application fees when The Atlanta Journal-Constitution filed an open records request seeking that information.
Under state law, court clerks are allowed to personally keep such funds. But Rebecca Keaton, Taylor’s predecessor, forwarded some of those monies to the county’s general fund.
And the amount of money Curry alleges Taylor had collected far surpasses her annual salary of around $170,000.
In a letter dated Thursday to Cobb commissioners and other county officials, Curry’s attorney, State Rep. Stacey Evans, wrote that Curry was contacted by Cobb County Manager Jackie McMorris to say that she was being placed on leave pending an investigation and that “adverse action” may be coming her way.
Cobb government spokesman Ross Cavitt said in the county release that McMorris was responding to a call by Curry about being the subject of a federal Equal Employment Opportunity Commission complaint by another employee in the clerk’s office, and that her responses were about that complaint, and not her allegations about Taylor.
Cavitt’s statement also said that McMorris was unaware of any issues involving passport fee records when she spoke to Curry and that she was returning a phone call from Curry.
“Since Ms. Curry works for an elected official, Dr. McMorris would not have the authority to place her on administrative leave, nor was there any discussion about ‘adverse action,’ ” according to the Cobb government statement.
The Cobb Superior Court Clerk is a state constitutional elected officer who maintains court records, including real estate transactions.
While the clerk’s office is funded by the county, the Cobb government statement said that the Cobb Board of Commissioners “does not oversee or control its operation or hiring practices.”
Commissioners were presented with an agenda item for their meeting last Thursday from Taylor to forward $84,000 in passport application fees to the county. But that item was withdrawn shortly before the meeting.
Curry’s allegations (you can read her attorney’s letter here) include a comment by Taylor that “we’re just going to Donald Trump this thing,” a reference to deleting any files or records that would be germane to an open records request.
Curry said Taylor has demanded that she leave the office and has had her access to office systems terminated.
A Cobb judge requested the GBI investigation, according to a GBI release.
In the county statement, Cobb Commission Chairwoman Lisa Cupid said that “I look forward to this matter being rectified and the county getting answers on whether the general fund is due any of those fees.”
Related:
- Cobb strategic plan hearings set; online survey released
- Cobb passes home-rule redistricting resolution in party-line vote
- Commissioners uphold contested East Cobb liquor store license
- Rising construction costs to delay Gritters Library rebuild
- Cobb approves short-term rental ordinance, other code amendments
- Cobb commissioners table proposals to regulate trash service
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News reports are saying the state law allows the Clerk to keep the money and that Keaton shared with the county.
While that is true, I must point out that the Federal law, in this case a rule from the State Department, says the money should go to the County. Federal laws (and regulations) are superior to state laws.
If the County were to accept the money and then GIVE it to the Clerk, that would violate the Gratuities Clause of the state constitution.
Here is the text of the rule:
§ 51.51 Passport fees.
The Department collects the following passport fees in the amounts prescribed in the Schedule of Fees for Consular Services (22 CFR 22.1):
(a) An application fee, which must be paid at the time of application, except as provided in § 51.52, and is not refundable, except as provided in § 51.53.
(b) An execution fee, except as provided in § 51.52, when the applicant is required to execute the application in person before a person authorized to administer oaths for passport purposes. The execution fee is collected at the time of application and is not refundable (see § 51.55). When execution services are provided by an official of a State or local government or of the United States Postal Service (USPS), the State or local government or USPS may retain the fee if authorized to do so by the Department.
(c) A fee for expedited passport processing, if applicable (see § 51.56).