By Paul Walton
The Conspiracy to dissolve Hull`s charter. There have been some
interesting things that`s been happening in Madison County
regarding the city of Hull. The plan to eliminate Hull`s Local
Option Sales Tax (LOST) funding. A city is required to provide at
least three services out of six. The city of Hull has in the past
provided fire protection, water, and police protection. Each was
through an Intergovernmental Agreement. The city was requested to
provide a contract with the Madison County Sheriff Department to
receive it`s LOST funding. The city of Hull has not had a current
contract with the MCS department since 2012, before my tenure as
mayor. The last contract was for $0 dollars to provide police
protection. All of a sudden, I was told by the Board of
Commissioners County attorney that in order to have a contract with
the MCS, we have to ask for a specific service which would cost
around $150.000 annually knowing that the city of Hull could not
afford that. Therefore; that lacked the city to receive LOST funding.
I`ll never forget the chairman of the BOC stating in the MCJ that the
mayor may want to pump the breaks on building that new city hall,
but I`ll come back to that later. So, to provide that third service I
acquired a location for a Hull public library. So, what was the next
move. Put the Hull mayor in a position so he cannot direct and
perform his duties. In November 2022, I was served by the Madison
County Sheriff a retraining order. That I shall not perform any of
my mayoral duties and a court date wasn`t set until over a month
and half later for me to appear in court. This retraining order was
supposedly because of when I qualified to run for Congress in
March 2022. Remember, this order was signed approximately 9
months later. Like all of a sudden, a light bulb went off. Well, a
light bulb did go off when I terminated the city of Hull`s former
clerk in September 2022. Part of that restraining order has in it that
the mayor shall not do any hiring or firing, change the city charter or
do any annexation. Now, when I saw that, I asked myself among
other things regarding this, why would a judge mention annexation.
But first of all; why would a judge even sign such thing and then
wouldn’t set a date to appear in court until over two months out.
The other interesting thing is that when the sheriff gave me this
order, he asked for my keys to the city without me ever being in or
attending court. I felt this was highly unusual. I informed him that I
did not have the city keys with me and he replied and I quote, “well
when you come to court bring the keys with you”. Right then I
knew it was and is a conspiracy to dissolve the city of Hull. Let`s
talk annexation. The city of Hull had plans to annex the
unincorporated part of Hull which was discussed at my very first
town hall meeting in 2019. Doing that would have made Hull the
largest city in Madison County under my leadership. It would have
grown tremendously by population, LOST funding, excise taxes,
occupational taxes, two banks, several gas stations and businesses,
the largest supermarket (Ingles), land for sale etc. Now, going back
to this restraining order. The bases of this were because of when I
ran for Congress my mayor seat became vacant supposedly. In
Article 2, § 2, 15 of the Constitution of the State of Georgia, entitled
"Vacancies created by elected officials qualifying for other office"
provides:
The office of any state, county, or municipal elected official shall be declared
vacant upon such elected official qualifying, in a general primary or general
election, or special primary or special election, for another state, county, or
municipal elective office or qualifying for the House of Representatives or the
Senate of the United States if the term of the office for which such official is
qualifying for begins more than 30 days prior to the expiration of such official's
present term of office. The vacancy created in any such office shall be filled as
provided by this Constitution or any general or local law. This provision shall not
apply to any elected official seeking or holding more than one elective office when
the holding of such offices simultaneously is specifically authorized by law.
(Emphasis added) The term for the 2023 10th Congressional District of the United
States House of Representatives for which I qualified, began on January 3, 2022.
My term ended on December 31, 2021 resulting from an election that was to have
taken place in November of 2021. Consequently, the mayor was not in violation of
Article 2, § 2, ¶5 of the Constitution of the State of Georgia and there was not a
vacancy created by his qualifying for the general primary.
These Facts were presented in court with a copy of the original ad that ran in the
MCJ newspaper stating that my term ended in December 2021. The judge ignored
these facts. The two Hull city councilmembers, John Barber and Mike McElroy
hired Colbert city attorney to bring this case. They did not have any facts at all to
debunk our records and instead tried to use an old charter the was repealed when
the Governor signed a new Hull charter in May 2021. The old charter stated that
anyone whose term ends in December 2022 shall end in 2023. Keep in mind my
term ended in December 2021. They then resorted to a Sons of Confederate Sons
of Confederate Veterans v. Newton County Bd of Comm’r case which states
citizens have a right to remove officers from service. So does the city of Hull and
it`s called a charter that was signed by the governor stating the proper procedures
removing a public officer from office along with a city ordinance, both of which
was ignored by the two councilmembers who swore to uphold it and the judge who
is suppose to be fair and impartial. Each city in the state of Georgia is governed by
it`s charter and not a judicial court. It`s called Home Rule for those who may not
know. Two councilmembers have known authority to make any decisions
regarding city business outside of an open city council meeting with the proper
number of a quorum to conduct business which is three to four councilmembers,
none less. Four councilmembers my conduct city business without a mayor, none
less than that. The city of Hull only has two. To act without a quorum is in
violation of what`s called Georgia`s Sunshine Law. I`ll let the Georgia Attorney
General deal with that. How did Hull end up with only two councilmembers when
it previously had four. The first resigned due to the disrespect she received while
attempting to hold a council meeting without my presence from the other
councilmembers. So resigned because of it and I don`t blame her. The second
Hull councilmember would have the public believe that he resigned out of protest
of me terminating the former city clerk. I terminated her September 16, 2022. He
could have resigned immediately but stayed as a councilmember and had another
meeting in October 2022. During this meeting, I was out of town during a two-day
training session with the Georgia Municipal Association in Hiwassee. I asked the
mayor pro tem to facilitate the meeting while I listen on the phone. I also asked
then councilmember Brian Keopnick to record the meeting with my personal
recorder and do not erase anything from beginning to end of the meeting in case
there may be any additions or corrections of the meeting. During this meeting the
former city clerk showed up knowing I would be out of town and approached the
council with paperwork stating supposedly the real reason of why she was
terminated. The city of Hull has a Rule of Decorum Policy which the councilmen
failed to uphold outside of my presence. The two councilmembers John Barber
and Brian Keopnick went on a tantrum against me and threatened to have me
removed from office. When I got back into town, I asked then Brian Keopnick
could I pick up my recorder and if he had transcribed everything that was said at
the meeting. He said he would have it ready on Monday. I pick it up from him
and listened to the meeting. After listening I noticed he erased only the tantrum
and the voice of the former city clerk asking her claims to be put in the minutes as
if she was a councilmember of some sort when in fact, she is not even a citizen of
Hull. It was totally unacceptable for any councilmember to behave in this matter.
After then listening to the meeting and realizing these portions were erased, I
contacted former councilmen Koepnick and inquired about this missing recording
of the meeting and he said he forgot that I told him to not erase anything. I said to
him and I quote “you have been a councilman over 9 years and you know better,
I`ll take this up with the proper authorities in the morning. Approximately 30
minutes later he sent me a letter of resignation via email. He did not want the
public to know how they behaved in that meeting. I have a copy of the text
messages if anyone wants to question my trustfulness in this matter. Better than
that, I searched around the State of Georgia to find a company that could retrieve
this recording and finally found GC Computers in the Georgia Square Mall after
months of searching. They have recovered the files and I have the recordings. By
the way, let`s talk about the role of a councilmember. Councilmembers are
empowered to make policy decisions and to approve ordinances, resolutions, and
other local legislation to govern the health, welfare, comfort, and safety of the
city's residents. Not once have either of these two councilmembers ever put on my
desk an ordinance, resolution, local legislation or policy for the health, welfare,
comfort, and safety of the city residents. Councilmember John Barber was a no
call no show for so many meetings. I had to have an attendance policy drawn up
because of his actions. I have no allegiance to any councilmember, employee, only
to the United States Constitution, The Georgia State Constitution, my oaths that I
swore to and the City of Hull citizens. These councilmembers caused the city of