December 28, 2015
With reference to subject, as a resident and taxpayer in Cobb County, and after reviewing the specific language of the entire Resolution document, dated 7/22/08, I had several questions which would be more transparent to the resident taxpayers of Cobb, if you would provide your legal opinion, as County Attorney for Cobb County. The Resolution, Section 3, seems to be very clear in resolving to authorize a voter referendum election for the purpose of issuing $40 million in Park Bonds intended for the acquisition of land within the County for use as parks. That voter referendum was overwhelmingly approved by the voters on 11/4/08.
Section 8 of the Resolution also seems clear indicating that the Chairman, and all others mentioned, including the County Attorney, “each is hereby authorized and directed to execute, for and on behalf of the County, all other documents and take all other actions as may be necessary or appropriate in connection with the holding of the Election, the issuance of the Proposed Park Bonds and carrying out the intentions of this Resolution.”
Therefore, my questions involve the county’s noncompliance in issuing voter approved bonds, while during the same past several years has issued other indebtedness bonds, in substantially greater amounts, that were not voter approved and were intended to benefit private enterprise. Specifically, did the Chairman then, or does the current Chairman now, have the option or authority to, arbitrarily, set aside the Resolution and voter Referendum results? If so, would you direct me to that language in the Resolution, or to appropriate other precedent County legal language that would allow the County to ignore the will of the voters?
Since next year is an election year, it is important that these questions be answered, in order that residents/taxpayers support and elect public officials that are committed to carrying out the intentions of county-approved resolutions and voter approved referendums.
Thank you for your anticipated response regarding the above.
Published in the Marietta Daily Journal on December 28, 2015. View the original link here.