Ethics Complaint Against Councilman Estes Moves Forward

CANTON, GA -- An ethics committee has decided to forward a complaint made against Canton City Councilman Nick Estes to the full Board of Ethics to consider. The committee, made up of City Attorney Bobby Dyer and Council members Jack Goodwin and Jo Ellen Wilson, met Monday afternoon at City Hall to review the complaint made by unincorporated Cherokee County resident Stephen Sanders.

The committee voted 2-1, with Dyer opposing, to move the complaint on to the Ethics Board to hash out. According to city documents, Sanders, who did attend Monday's meeting, filed the complaint Aug. 31 and submitted his letter to Canton Mayor Gene Hobgood.

Sanders accuses Estes of violating the city's code of ethics because he is a business owner in the proposed restaurant district. That district, as readers recall, would allow residents to carry alcoholic beverages from licensed establishments within other areas of the predetermined boundaries.

Sanders states Estes' proposal was a "coordinated effort" by the councilman to financially benefit from the district. Mayor Gene Hobgood last week vetoed the ordinance, and the City Council is scheduled to consider action on the veto at its Sept. 20 meeting. City documents show Hobgood created the committee and appointed Dyer, Wilson and Goodwin to the body on Sept. 11, the same day he vetoed the ordinance.

Dyer said the committee was tasked with determining whether there is sufficient cause to forward the complaint to full Board of Ethics to consider. However, readers should note the city of Canton does not have a standing Board of Ethics, so city leaders will have to name residents to serve on the body.

That board, Dyer said, will be made up of three people: one appointed by Mayor Hobgood, another appointed by the City Council and the third appointed by the two members. That third member must be a practicing attorney. All Board of Ethics members, Dyer added, must be city residents. Canton's city attorney said the city has 60 days from receiving the complaint to act on the issue, so appointments could be made as early as Thursday's meeting.

Council member Wilson, who noted there's nothing in the city's code that prevents non-city residents from filing complaints against elected officials, asked whether Estes, who has an interest in Stout's Growlers, will have any direct financial benefit from allowing the district to remain in place.

"I don't think that's for us to decide," she said. Wilson added she believed Sanders' complaint does meet the criteria for being considered by the full Ethics Board, as it clearly states the allegation, cites the city code to back up the complaint and was sent directly to Mayor Hobgood.

Goodwin said he believed Estes should have at least recused himself from discussion and vote on the restaurant district. He notes that since Stout's sells alcohol, he would be benefiting from the vote to enact the ordinance.

“If there’s a conflict or violation, we need to pass this on and let ethics board investigate it further," he said.

It wasn't that simple to Dyer, who said he felt it was hard to determine if Estes would have a direct financial benefit. The heart of the allegation, he added, is whether he's voting to make a profit for himself. Stout's Growlers would not be the only venture in downtown Canton who would benefit with the lax rules, as it would also apply to restaurants that sell alcohol, Dyer states.

If this were the case, Dyer one could argue that no downtown business owners can serve on the City Council and vote on matters related to that area. He compared the district to City Council member voting to lower taxes or approve a paving project; those elected officials as well as city residents would benefit from the reduced tax burden and smoother streets, the city attorney said.

The Canton City Council Sept. 20 meeting will begin at 6 p.m. at 151 Elizabeth Street.

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