Pond’s ethics complaint against Birrell dismissed — again
by Jon Gillooly
May 15, 2013 12:11 AM | 2124 views | 6 6 comments | 11 11 recommendations | email to a friend | print
Joseph Pond
Joseph Pond
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Commissioner JoAnn Birrell (MDJ/File)
Commissioner JoAnn Birrell (MDJ/File)
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The Cobb Ethics Board on Tuesday dismissed a complaint chicken activist Joseph Pond of east Cobb filed against Commissioner JoAnn Birrell.

This is the second time the board dismissed a complaint by Pond against Birrell. The first was in December.

Birrell sat in the audience with her husband, Dave, and attorney, Fred Bentley Jr., as the board took just minutes to reject the complaint in a 5-0 vote. Pond was not in attendance.

In December, the board rejected Pond’s charge that Birrell violated the county’s ethics code by failing to show impartiality on a variance involving backyard chickens.

Lynn Rainey, attorney for the ethics board, said the only thing different from the original complaint was that Pond charged Birrell with false swearing this time. But that charge is outside the board’s authority and it is up to the district attorney to investigate, should he choose to do so.

Rainey said Pond had the opportunity to appeal the board’s December decision to Cobb Superior Court within 30 days of that vote. But since Pond decided not to appeal, and his second complaint is no different from the first, the original vote to reject his complaint was binding.

“I feel relieved that the board saw fit to dismiss it,” Birrell said after the meeting.

“Like I said before, it’s frivolous claims. It has no merit, no substance to it at all, and it’s wasting taxpayers’ money for me to have to hire an outside counsel when there’s obviously nothing here of any substance.”

Comments
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Those "Other" Birds
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May 15, 2013
I am less interested in chickens since they cannot fly and am more interested in all these other loose birds that poop all over the cars we moved to East Cobb to enjoy.

East Cobb has a SERIOUS problem with wild birds on the loose getting up on poles and power lines (despite the THEORY of gravity) and pooping on my car!

We need to get after whoever owns all these loose birds (the owner would be Jesus if I am not mistaken) and make Him stand trial for the damages to the community from his loose birds pooping everywhere.

ECAA and the Ethics Board should make Him pay for car washes for everyone until these loose flying birds can be deported South of the Border where they belong.

Anyone and everyone collecting money in the name of Jesus will need to act as a financial proxy to compensate us for His fiduciary fouls of allowing His flying fowl to foul our Fords' fine finishes!

Of course we all know we would never drive Fords in East Cobb, but Mercedes and BMW didn't alliterate. However offensive it may be, consider Ford to be poetic license for your Lex-U-V or whatever the "most desirable" car is these days.
Good Bird
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May 16, 2013
It is a sin to mock Jesus.
Not unethical, huh
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May 15, 2013
False swearing is "outside the board’s authority and it is up to the district attorney to investigate, should he choose to do so."

So what does that leave for the ethics board to cover, gifts that are legal but perhaps not ethical? If gifts were illegal, aka bribes, it seems they would "be left to the district attorney," right?

While East Cobb may be deficient in ducks and chickens, there are cows aplenty.

Joseph Pond
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May 15, 2013
The Board's dismissal does not make the Commissioner less guilty of breaking the law- it only means that the Ethics Board is choosing not to do anything about it. The Commissioner chose to hire outside counsel- not I- and she reaped the benefits of a costly attorney on our dime. The facts of the matter are public record for anyone to read who wishes to do so.

Please note that the District Attorney has been silent throughout all of this. He could have cleared this up at the start, but has not commented on the evidence presented to him. His silence speaks volumes.

I will ask that those people who will attack me for standing up for the truth please take the time to get the facts correct- I have not sued anyone. It was not me that wasted the taxpayer's money on an attorney- if the claims were so frivolous, why was an attorney needed? And for God's sake, this had NOTHING to do with chickens! This was about a Commissioner who failed to show impartiality by supplying information to an advocacy group, and then gave false and misleading information to cover it up. Remember, a dismissal on technicalities is not an innocent verdict.
anonymous
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May 16, 2013
It means that you have brought your case before the court twice and you did not exercise your right to appeal when you lost the first time. You just came back with the same accusations you brought the first time you were defeated. The Commissioner has every right by law to have legal representation. The DA's silence speaks to me in volumes that there is nothing to prosecute. I am not attacking you. Regardless of the Commissioner, your request was denied due to opposition from your neighbors. Get over it. Stop picking at nits. You lost. Sore loser.
anonymous
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May 15, 2013
I ponder what Pond will do next.
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