www.GeorgiaWatchdogs.com
The Georgia First
Amendment Foundation
lowered the bar when it
chose Attorney General
Sam Olens to receive the
Charles L. Weltner
Freedom of Information
Award.
October 1, 2015
Attorney General Sam Olens
A poor choice for open government award
The Georgia First Amendment Foundation recently honored Georgia Attorney
General Sam Olens with the Charles L. Weltner Freedom of Information Award.
WHY SAM OLENS?
Sam Olens was sanctioned by Fulton County Superior Court Judge Ural
This is from the Georgia First Amendment Foundation (GFAF) website:
Glanville
for
withholding
evidence
in
the
Ethics
Commission
Whistleblower lawsuit.
Our heroes
We recognize public officials and citizens who
have
helped
to
make
government
Isn’t illegally withholding evidence in a whistleblower lawsuit the
more
ultimate violation of the spirit of open records? Is someone who
transparent and accountable to the people.
was sanctioned by a superior court judge for flagrant disregard of
We admire the GFAF for their effort to help make government more
the law and undermining the public’s confidence in the legal
transparent. It is an often thankless effort and their voice is definitely
system deserving of an award?
needed in Georgia. While I can understand their desire to acknowledge
Sam Olens for his actions to defend Nydia Tisdale and the overhaul of
With a Rasmussen poll showing trust in government is at an all time low,
Georgia’s sunshine laws, bestowing the Charles L. Weltner Freedom of
that distrust is fully justified in Georgia if we cannot even trust our
Information Award on Sam Olens was the wrong choice for a number of
attorney general to play by the rules in court. Unfortunately, it is not just
reasons.
the Ethics Commission lawsuit that justifies the lack of trust in Olens.
1
Attorney General
Sam Olens
When Sam Olens said, “Georgians deserve a
government that operates openly and honestly,”
he was right, but his actions don’t reflect his
words.
When the updated sunshine law was passed in
April of 2012, Olens said it provided his office with
the tools needed to properly enforce the law. He
had the opportunity to take bold action to enforce
open government in Georgia. Instead, he merely
“Politics is more
JUDGE GLANVILLE’S SANCTIONS
difficult than
Judge Glanville sanctioned the Attorney
General’s Office and ordered the taxpayers
While accepting praise for his role in seeking
physics.”
to pay his $10,000 fine because Olens
justice for Nydia Tisdale, who was forced out of a
failed to turn over the documents that could
public city council meeting because she was
have incriminated Governor Deal.
videotaping, Olens ignored other, more politically
Albert Einstein
took on the appearance of a crusader.
charged violations of the law. Taking on the city
The “failure to comply with the basic
council of tiny little Cumming, with a population of
discovery principles contained in the Civil
only 5,613, was much easier than telling Gwinnett
Practice Act and the mandate contained in
County Public Schools (GCPS) or Cobb County’s
the Case Management Order not only
BOC Chair that they are required to follow the law.
amounts to a flagrant disregard for the basic
Olens ignored blatant open records violations in
rules governing litigation and the fair
those counties and many others. He is currently
resolution of legal disputes in the State of
defending RICO lawsuits that allege criminal
Georgia, but also an injustice and an
conduct by his own office, including, once again,
undermining of the confidence imposed by
withholding evidence.
the citizens of the State of Georgia in the
An open records request was filed to learn how
legal system.”
many open records complaints the AG’s Office
“Indeed, this is precisely the type of conduct
processed. Surprisingly, the response revealed
contemplated by the above cited authority
that the AG received, on average, 6 complaints
[case law], as it relates to the Court’s
PER DAY. Their practice was to completely ignore
inherent authority to control the conduct of
almost all complaints, not even acknowledging
individuals
judicial
receipt. For those who had high hopes that Olens
Furthermore, because the
meant it when he said he had the tools needed
impaneled jury has rendered a verdict in the
and would enforce the law, an email from the
above-captioned case and the conduct
AG’s Office put that notion to rest. The AG’s
involves a non-party, the Court finds that
Office said if citizens are not willing file a lawsuit,
the imposition of other sanctions, such as
“they are in no position to complain about any
the striking of pleadings, infeasible. Simply
conduct of this Office.”
connected
proceeding.
Is the attorney general, who was
found by a judge to have been
guilty of “undermining of the
confidence imposed by the
citizens of the State of Georgia
in the legal system”, deserving
of being honored for making
government more transparent
and accountable to the people?
with
a
put, the Court is left with only one recourse,
the imposition of monetary sanctions.”
The jury found that the Ethics Commission
Director, Stacey Kalbermen, was fired for
attempting to investigate allegations against
Governor Deal.
Stacey Kalberman’s lawyer, Kim Worth,
said she would have been able to call
Governor Deal to testify in the whistleblower
trial if the Attorney General had not
concealed the evidence.
www.GeorgiaWatchdogs.
2
Attorney General
Sam Olens
CAN OLENS EXPLAIN THESE CONTRADICTIONS?
Dr. Anthony Tricoli was forced out as president of Georgia
Perimeter College (GPC) in 2012, after a $16 million budget
deficit was reported to the press. The University System’s
own internal audit said, “It is clear from our review that GPC’s
CBO (Chief Budget Officer) did not provide GPC’s President
with timely and reliable financial information for the
While averaging
President’s use in managing the institution.” There were two
sets of records, but only the false set of records was shown
6 complaints per
WHAT THE ATTORNEY GENERAL SAYS...
day, the AG
ignored
“Upon receiving a complaint from a Georgia
all but a
work to ensure that local governments provide
few.
citizen, attorneys at the Department of Law
all the access to meetings and records that
Georgia citizens are entitled to under the law.
If
local
governments
fail
to
fulfill
their
obligations under the Open Meetings and
Open Records acts, our office can initiate legal
action to force the local government to obey
Georgia’s sunshine laws.”
Olens, in his pleadings, has admitted to knowing falsification
of the budget reports, which is a felony. Olens is doing
nothing to find the purported missing millions. Instead, he is
defending those who are alleged to have falsified the records.
Was there a budget deficit or not? The AG’s Office told
CBS reporter Jeff Chirico the AG was not investigating the
budget deficit at Georgia Perimeter College because the
allegations were "outlandish conspiracy theories". If there
was no budget deficit, why was Dr. Tricoli's employment
contract not renewed while he was falsely blamed in the
press for the deficit? When pressed by an angry constituent
...IS NOT WHAT HE DOES
who wanted to know why no one was investigating the claims
Following are excerpts from an email sent to
of missing millions, Olens sent this email:
Union County resident Linda Pittman:
There was a full and conclusive investigation.
I can't say more due to pending litigation.
“I am mindful that litigation can be expensive
Sam Olens
Sent from my iPhone
and citizens would often like to have the Law
Department bring an action rather than bring
their own action. However, the fact that the
Attorney General is given enforcement rights
under the open government laws is not a
substitute for citizens bringing their own
actions.
Was there an investigation or not? Olens prevented his
email from being entered into evidence in Tricoli’s lawsuit.
Olens' court filings request that the court dismiss the
complaint because of sovereign immunity. Is Olens ignoring
millions of missing taxpayer dollars at GPC, or is he
defending those who are alleged to have falsified GPC’s
Olens’ actions in the Ethics
Indeed, if a citizen believes his or her rights
Commission whistleblower lawsuit
have been violated but refuses to bring legal
should have disqualified him for a
action, they are in no position to complain
freedom of information award.
about any conduct of this Office. That is the
way the law works.”
financials to malign Dr. Tricoli?
Is this similar to the Ethics Commission
lawsuit? Will Georgia's taxpayers end up
paying Dr. Tricoli millions, too, because Olens
failed to investigate the facts?
Investigations have to be prioritized to make
the best use of resources, but ignoring almost
every complaint, particularly those that are
politically charged, while promising the public
that he can “force the local government to
obey Georgia’s sunshine law” is a good
www.GeorgiaWatchdogs.
to Dr. Tricoli, and the college faculty and staff.
example of why the public has lost confidence
in politicians like Olens.
3
Attorney General
Sam Olens
THE PUBLIC CANNOT KNOW?
Denise Caldon was fired after she said she refused to
continue falsifying leave records at the request of former
president of Macon State College, David Bell.
"After I put in writing that I would no longer falsify his
leave reports, 9 days later I was terminated after 15
years of dedicated service," said Caldon.
Olens is missing
in action from
high profile
violations of
sunshine
OLENS IGNORES VIOLATIONS
evidence of wrongdoing, was removed immediately
Even
well-publicized
efforts
to
avoid
following her termination.
compliance with Georgia’s sunshine laws
Caldon lost her whistleblower lawsuit. The court records,
have drawn no scrutiny from Olens.
including much of what was on the computer, depositions
Olens did not speak out when Cobb BOC
and affidavits, were sealed.
Chair
disgruntled
Tim
records
Laws.
Caldon’s office computer, which she said contained
Lee
law
by
sidestepped
having
Cobb
the
open
Chamber
executive Brooks Mathis send an email to
Seyfarth
Shaw
attorney
Dan
McRae,
confirming the attorney-client relationship
as project counsel/bond counsel for the
Cobb Braves Stadium.
former
Olens called Caldon a
employee
after
she
tried
unsuccessfully four times to get the court records
unsealed so the public could learn what happened.
A piece of evidence Olens asked to have sealed was
found by a former CBS reporter, Jeff Chirico, in the public
file. It contained a deposition in which Regent Doreen
Poitevint admitted that Regents don't even review
After promising for months that the AG’s
Office was working on the well-documented
appeals filed by terminated employees before voting on
them.
violations of the open meetings law in
Board of Regents' Vice Chancellor Burns Newsome said
Jasper County, the AG’s Office finally just
an internal investigation found Bell did nothing wrong but
ignored them.
then admitted the investigation wasn't documented.
Newsome also admitted he didn't consider Caldon's
The sunshine violations in Union County
claims of retaliation when recommending the Board of
that Olens ignored are numerous and well-
Regents
documented. (Shouldn’t it raise a red flag if
documentation of their investigation and Olens fought
deny her appeal.
If the BOR has
no
a commissioner sends an email to an
Is Olens selectively enforcing
attempts by Caldon to have the court records unsealed,
investigator who was hired to file an ethics
sunshine laws based on political
how can the public determine if leave records were or
complaint against him, offering to write him
were not
a personal check for his expenses?)
retirement income?
The Paulding County Airport Authority violated
Perhaps it’s the public who should be
the state open meetings act by failing to give
disgruntled about Olens’ efforts to ensure
adequate notice for an out-of-town retreat where
they cannot review relevant documents
it discussed plans to commercialize the airport,
related to Caldon’s claims of misuse of
failing to provide minutes of the retreat until six
public funds.
considerations?
months later, and holding four separate closed
If political considerations
session meetings without properly giving reasons
influence sunshine law
for closing the meetings. They quietly planned
enforcement, doesn’t that violate
the highly controversial commercialization of the
the public trust?
airport for over a year without the public knowing
what was happening. The airport project is now
the subject of numerous lawsuits. Olens has
been silent.
Has Olens used his bully pulpit to criticize the
www.GeorgiaWatchdogs.
multitude of sunshine law violations in Dekalb
County?
4
inflated to increase Dr. Bell’s taxpayer-paid
Attorney General
Sam Olens
NOT BEING TRUTHFUL WITH THE PUBLIC?
In May of this year, the Attorney General misled the
public about his actions in the Gwinnett County Public
Schools/Gwinnett
Chamber
of
Commerce
open
records lawsuit. Ironically, his dishonest comments
were made in Cumming and videotaped by Nydia
Tisdale. Is an Attorney General who is dishonest with
the public about open records issues deserving of a
Do political
freedom of information award?
TAXPAYERS ON THE HOOK AGAIN?
Were his actions
influenced by the fundraiser hosted by the Gwinnett
University of Georgia professor Dezso Benedek
Chamber board members and their
claims in a lawsuit that UGA officials committed
shortly after the Department of Education requested a
criminal acts, including perjury, wire fraud,
legal opinion from Olens concerning the payments the
violations are
identity fraud, violation of federal student privacy
Gwinnett Chamber was receiving from Gwinnett
laws and withheld evidence during a tenure
County Public Schools?
investigated?
revocation process against him. The tenure
considerations
influence which
law firm, held
revocation process was initiated by former AG
Olens now refuses to tell the public if those payments
Thurbert Baker. Olens is defending the lawsuit
are legal or not, claiming his advice to the DOE is
filed by Benedek.
protected by attorney-client privilege. DOE claims
there are no records of that advice. Why is the public
Benedek’s lawyer, Stephen Humphreys, claims
not allowed to know if Gwinnett County Public Schools
that in the original failed attempt to revoke
is violating the law? Who benefits from this secrecy
Professor
while the payments from GCPS to the Gwinnett
Benedek's
tenure,
the
Attorney
General's office concealed and denied the
Chamber continue?
existence of key evidentiary documents in the
attempt to destroy Professor Benedek's career--
In 2104, Olens served on a panel discussion hosted
for criticizing President Adams. He said the AG
by the National Association of Attorneys General. He
called witnesses to the stand to give knowingly
said, "In our daily life, we often have clients who come
perjured testimony against Benedek based on
to us, and we have to say, 'No, really. You have to
evidence that was known to be false and
follow the law,'" Olens said. "And they go, 'No, no, no.
fabricated, while the AG was concealing the
You're my lawyer.' And we go, 'No, no, no. First,
actual material evidence, according to the sworn
you're going to follow the law, and then we'll be your
testimony of UGA witnesses.
lawyer.'"
Humphreys said “Since we filed suit, Georgia
Another panelist said, "It's a weird world we're in.
Attorney
Nobody changes the law anymore. They just say, 'Oh,
General
Sam
Olens
has
made
statements, both public and private, denying the
existence of this documentation (which is in his
possession)
for
the
express
preventing an independent
Olens told a reporter the General
purpose
of
investigation of
wrongdoing in his own office.
sunshine law. He is defending state officials for
knowingly misrepresenting the state's business
In fact, the Attorney General and has engaged in
Sam
an extensive PR campaign throughout the state
Sunshine Emperor, has
to discredit the claims as ‘nonsensical,’ and to
no clothes, but the GFAF
portray Benedek's counsel as ‘an outlandish
board members seem to
conspiracy theorist.’ The claims in the complaint
be blissfully unaware of
are
that obvious fact.
not
speculative.
They
are
completely
documented by UGA's own records and the
sworn testimony of the UGA witnesses who
were adverse to us.”
www.GeorgiaWatchdogs.
Olens has gone beyond not enforcing the
to the public.
Assembly has no appetite for
strengthening sunshine laws.
don't worry about it. We just won't enforce it.'”
Will taxpayers end up paying, once again, for the
wrongdoing of public officials?
5
Olens,
Georgia’s