A contract extension turned into a testy drama with accusations of conflicts of interest flying, questions of financial procedures raised and queries of ethics posed. Ultimately three Newton County Commissioners forced the Chairman’s hand.
During Tuesday’s BOC meeting the purchase order for Maddox Waste Services, a part of LB Recycling, came up during the agenda. The company handles a portion of the county’s hauling services from the convenience centers at cost of $40,640.
Chairman Keith Ellis said the purchase order with Maddox Waste Services had never been discussed in the board room, and the purchase order for the hauling contract was never bid out, yet it’s been approved twice.
“I’ve asked each time for it to be rebid and put in some form of contract,” Ellis said. “It has not been.”
The contract in question is with a company that employs District 5 Commissioner Levie Maddox. Maddox’s involvement in the company has drawn much interest about the legality of the contract. The commissioner addressed that before discussion ensued.
“Whether LB Recycling does business with the county or not, my pay is not affected in any way whatsoever,” Maddox said. “I have zero ownership in either company. Since I signed up for the 2012 campaign I have not, and will not lobby a county employee or a commissioner, for LB Recycling business activities. It’s unethical.”
Maddox said LB Recycling has done a small percentage of its business with the county for about 25 years, and that recent conversation about the company and this contract could have a negative effect on the local business.
“The local businesses in our community should not be treated unfairly or negatively when an employee simply wants to serve his community and then differences arise solely in the political arena,” Maddox said. “Furthermore, it’s entirely disappointing to see an elected official, the Chairman of all people, make an attempt to publically and privately harm the reputation of a small, local business due to politics.
“It’s unnecessary. It’s unfair. It’s unwise. It’s shameful. It needs to stop now.”
Maddox then, on what he said was advice from county management, county legal and the ACCG, recused himself from voting and discussion on the matter and left the room.
Ellis stood firm that his stance was that the hauling contract and other purchase orders be put out to bid, reiterating that he was not against Maddox or a local company.
“It was not to harm any reputation that I did it,” Ellis said. “We can’t pick and choose. If there is any [purchase orders] that have not been contracted please let me know. I’d like everybody to be treated the same.”
County Engineer Aaron Wadley explained the LB Recycling contract to the board, saying the vendor chosen was required to meet the county’s liability and worker’s compensation coverage, along with agreeing to work 70 hours a week for $95 an hour.
“The purchasing staff only found one vendor willing to do it for $95 per hour,” Wadley said. “It is my understanding there was no purchase order contract form because it is a sole source. We couldn’t find any other vendors willing to do the work for the same price.”
Wadley said he and other landfill employees called around looking for vendors and were told by other vendors they could not do the work.
County Manager Harry Owens agreed with Wadley’s handling of acquiring LB Recycling’s services, stating the county needed to continue emptying bins at the convenience centers until a decision is made on the county’s solid waste department, in particular whether or not a solid waste authority will be formed.
A citizen’s committee on solid waste turned in an opinion that an authority should be formed, but the issue has not yet been put into a motion by the board. The board will meet Tuesday for a work session on solid waste.
“There are some decisions to be made and I encourage the board to get a solid waste authority in place so we can start making those decisions,” Owens said. “Chairman, I do agree we need to bid this thing out. But the truth of the matter is we need this service in the midst of the holiday.”
Ellis continued to push for a request for proposal on the contract, with District 1 Commissioner John Douglas saying the convenience centers cannot be left to overflow again, and District 2 Commissioner Lanier Sims saying “I don’t see any other thing to do, at least through the first of the year.”
District 4 Commissioner J.C. Henderson questioned the contract, referring to a $4,500 loan he received earlier this year for his son to go to college as a comparison of a commissioner’s family receiving county funds.
“In this particular instance we all know there will be recycling,” Henderson said. “My question to the attorney is should we pay to Levie’s family. “Was it ethical for a sitting commissioner to receive income from the county?”
Ken Jarrard responded that the awarding of the contract to LB Recycling was not unethical.
“I think he said he had no ownership, influence and his income was not impacted by this contract; he publicly announced recusal and left the room,” Jarrard said. “I do not find anything unethical in his conduct this evening.
Sims then called for a motion to approve the purchase order, and for the board to authorize Ellis to sign the it, with Douglas offering a second. The motion passed 3-1, with Henderson voting against.
