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原网页标题:George Chidi | Pine Lake City Councilman, writer

Committing acts of journalism.

A magistrate’s court judge heard Tom Owens‘ application for a warrant on stalking charges today, and threw it out cold. “If this is stalking, Sam Donaldson would have gone to jail,” he said.

However, the temporary protective order remains in effect, barring me from being with 100 yards of Mr. Owens or contacting him聽until the emergency hearing tomorrow at 1:30 p.m. in Judge Cynthia Becker‘s courtroom.

I like my chances.

Owens argued that I am a big scary guy and that asking questions too loud and in his face (I really wasn’t) constituted a threat. “It’s OK if you ask me questions in a respectful manner,” he said. But apparently approaching him and asking questions loudly enough to be heard by a man walking away from you is perceived as a physical threat to him.

Owens’ grand evidence of my perfidy is a video of me trying to ask him about his putative daughter and Joe Newton getting in my face — literally, six inches from my face — to hurl invective and insult while I sternly questioned why Newton was invading my personal space. The video depicts me as mildly exasperated, showing his cameraman the court documentation about his arrest and conviction for stalking, along with his mugshot, and explaining why I have questions.

My attorney, the inestimable Thomas Clyde of Kilpatrick Townsend and the Georgia First Amendment Foundation, asked Owens about his criminal and civil history, in part to demonstrate the relevance of my questions. And for the first time, I heard some answers.

Owens attributed all the restraining orders and police reports bearing his name to political retribution for his work exposing corruption. I’m sure Ms. Davis will be gratified. She’s the woman he dated in Forsyth County in 2006, years before Owens’ supposed anticorruption work, who ultimately pressed charges against him after months of harassing calls including one in which he said not to “underestimate his power.”

In a hilarious moment, Owens told the judge that he couldn’t talk about the restraining order that Susan Fraysee placed on him because of a settlement and a “gentleman’s agreement” not to discuss it. The man needs a lawyer. Joe Newton doesn’t count.

Both Newton and Wayne Witter testified that I had threatened Owens, but after seeing the video that Owens supplied, the judge kept asking them what the absolutely worst thing that they believed I had done, that merited a charge … and both gave answers that amounted to me asking questions in a way they found objectionable.

Witter repeated the claim that I had said “I would destroy you” to Owens. They produced no recordings to support the claim. And their own video undermined their argument that my other conduct constituted harassment.

Witter claimed in open court that they could find no copy of my DD-214 — my Army discharge papers. Brother, Bill Torpy of the AJC has a copy of it, and there’s a photocopy sitting in an envelope in the desk of Pine Lake police chief Sarai Y’hudah-Green, available for inspection … provided I can be there with a video camera to record your reaction and your apology.

After this, I think it’s becoming clear that Owens probably never told the initial magistrate that I was a writer of any sort. It’s entirely possible given Owens’ initial testimony today that he never bothered to mention that he was a candidate, nor that the meeting at a church was a public candidate forum — that he merely claimed that I had showed up at a church and harassed him, then called him and sent him text messages.

The court brought in a magistrate from Gwinnett County, Judge Kenneth Sissel, to hear the case. I can only assume it’s because the political element, to avoid appearance of bias. We asked for the hearing to be continued because Owens never bothered to serve notice of the hearing. Owens appears to have been going for three ex parte hearings in a row. We only heard about it because Bill Simon of the PoliticalVine site so kindly posted a garbled copy of the warrant application on his site. Thanks, Bill.

Sissel held the hearing any way. While ruling, Sissel said that the questions I had asked and the way I had asked them might not pass an etiquette test, but asking questions as I did of a political candidate would be acceptable for any journalist, or any blogger, or any voter, or even anyone who wasn’t going to bother to vote.

For what it’s worth, I smiled at Joe Newton when I realized how done they were. After Sissel’s ruling, Newton addressed the court to tell me to stay away from him, and that Newton would seek a new protective order barring me from being near him. And the madness continues to roll along.

I only hope Owens, Newton and Witter all bother to show up to court tomorrow to defend their claims, because I can imagine them chickening out after this.

If you would like to support the legal defense of journalism — the聽Georgia First Amendment Foundation聽would be an excellent place to direct your filthy lucre.

And if you want to support … well, broke-ass me … then feel free.

Buy George a beer: $5

Buy George dinner: $20
Buy George a security guard: $100
Buy George a lawyer: $500
Buy George the antidote: $1000

Note: giving me money is not a political donation. (At least, not today. I don’t have a campaign account.) This is not a non-profit donation. I’m offering nothing except my continued interest in afflicting the comfortable and comforting the afflicted.

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Journalism is not a crime.

This morning, I posted on Peach Pundit聽a lengthy and difficult story about Tom Owens,聽a candidate for DeKalb County’s commission and a man with a years-long history of strange public behavior.

This afternoon, a DeKalb County sheriff’s deputy served me notice of a “stalking temporary protective order,” barring me from any acts “stalking, harassing or intimidating the Petitioner and/or the immediate family of the Petitioner.”

A hearing has been scheduled for October 22.

The date matters. Owens is running in a special election called after the resignation of Elaine Boyer. Qualification closed less than a month ago; a campaign that might normally stretch over six months has been compressed into less than two.

I have no idea what he might have told the judge that would have convinced her to sign a TPO. I’m eager to find out. Meanwhile, I am now legally barred from asking questions of a candidate for public office — a public figure by any definition — sharing responsibility for overseeing a $1.2 billion budget, until two weeks before the election ends, if then. I am legally barred from even attending public events at which Owens may appear — the rule is 100 yards.

Mr. Owens has every right to refuse comment. And he has plainly done so.

But if this is allowed to stand unchallenged,聽it sets a precedent that a politician receiving unfavorable press at a sensitive moment can use the power of the court to bar coverage. The word “chilling” doesn’t cover it. It’s outrageous and dangerous and almost certainly unconstitutional.

I believe the story I wrote to be well reported and well researched. But given the findings — a long list of police reports, restraining orders, a no-contest plea to stalking and a legal accusation calling for unpaid child support — I considered it irresponsible not to make every possible effort to give Mr. Owens an opportunity to offer his side of the story, and to help correct inaccuracies before publication. Instead … this.

I’ve contacted Tom Clyde of Kilpatrick Townsend & Stockton, and we are exploring legal options.

Meanwhile, if you would like to support the legal defense of journalism — or just buy me a beer — feel free to donate to the cause below.

EDIT: Tom Clyde is representing me pro-bono now. My legal defense is covered.

However, I’m still a broke-ass writer working on a book about civic participation in Georgia. If you donate, you’ll get first dibs on it when I’m done.

The Georgia First Amendment Foundation would also be an excellent place to direct your support.

Buy George a beer: $5

Buy George dinner: $20
Buy George a security guard: $100
Buy George a lawyer: $500
Buy George the antidote: $1000

Or Dwolla, if you are so inclined.

Note: this is not a political donation. This is not a non-profit donation. I’m offering nothing except my continued interest in afflicting the comfortable and comforting the afflicted.

Posted in Uncategorized

Adventures in Governance

George Chidi

City council notes from tonight. We have a budget for 2015 of $942,712. The budget contains enough money to return to full time 24-hour policing next year. It also contains enough money to outfit our police officers with body cameras and dash cameras. Our cops will have cameras next year. I expect the purchases to be made sometime in January. We're working through the details of policy for those cameras, but I intend for them to be a model of governance. The chief submitted revisions to the ACLU-vetted standards I used as a baseline in the name of simplification. I'll take a few days to see where the functional changes are and whether they compromise the essential issues: how much discretion does an officer have to turn a camera on or off, who has access to the recording, how are records stored, how do we ensure that "malfunctioning" equipment isn't being tampered with and how long should we maintain a record. The budget retains approximately $11,700 in reserves -- our first purposeful reserve in years. It's a start. Our blight ordinance is on hold, again. Our legal counsel has advised us to change a whole lot of "may" language into "shall" language, which is making folks on the council skittish. If a blight case makes it all the way through our courts, "shall" language would obligate the city to knock the house down. That's probably $30,000 or $40,000 out of the city's pocket, recoverable only as a lien against the property. My view of this is that if we're willing to take the extraordinary step of condemning private property to combat blight, we should have skin in the game. It's a practical check on abusing the power of condemnation. I still think we should pass the law, and then start the process on a blighted home when the math works out. But given the precariousness of the city's finances, my fellow councilmembers are looking for alternative changes to the current code. We signed the intergovernmental services agreement with DeKalb County tonight. Joy. Perhaps we can convince them to fill some potholes now. And perhaps we can talk with the tax assessor, Claudia Lawson, to take another look at how properties in Pine Lake are appraised. We had a resident come to council tonight to explain how off-the-chart her appraisal is, and how Pine Lake's high millage rate makes her taxes crazy. Yes, Dennis Rotch has a point. There's a wide gap in tax appraisals between old construction and new construction in town -- hundreds of thousands of dollars for otherwise-equivalent property. The bell curve has a tail spike of outlying properties worth several times the median, paying thousands of dollars in higher taxes. The question is whether the median Pine Lake cottage is really worth the relatively low tax value assessed by Lawson. If the median property here were suddenly revalued, Pine Lake would immediately lower its millage rate to revenue par. The higher-valued properties would see a substantial drop in their taxes. However ... the county millage rate wouldn't change. And roughly 58 percent of a Pine Laker's variable tax bill goes to county government and the schools. Say that a Pine Laker paying $2000 a year in property tax saw their appraisal increase by 40 percent. The current tax rate is roughly 28 mills to the city (plus roughly $400 sewer and plot tax) and 39 mills to DeKalb in county and school taxes. Pine Lake would drop its millage rate by 40 percent, The homeowner would still be paying about $1235 to the city. But the remaining $765 tax bill increases to $1,071. It's an effective tax increase of about $300, or 15 percent, with no direct tax benefit to the city. The median appraised value of a property in Pine Lake from 2013 was about $20,000. The arithmetic mean was about $28,800, which tells you plenty about the tail of the curve ... and potentially how undervalued most property in Pine Lake may be. Of the 436 taxable properties in Pine Lake, only 23 appraised at more than $75,000 last year. Nine are commercial properties on Rockbridge. But I'll be frank: it's politically suicidal to argue that 94 percent of residents should eat a county tax increase to alleviate a city tax imbalance by a massive change to city appraisals. It may make more sense to spread the cost of a targeted city tax abatement for newly constructed homes and commercial property across all parcels. Instead of a $300 increase, it might work out to $50-100 a house. Nonetheless, it still sucks. Last, we talked about the propriety of offering commendations without a standard for what rises to commendable behavior. My view is simple: love is free. I spend a lot of time telling people to go screw. Commendations remind people -- myself, in particular -- that most people are wonderful and do wonderful things that should be noticed, especially in Pine Lake. The best part of this job is recognizing the extraordinary in my community. I need to do more of that, not less. ... See MoreSee Less

1 month ago

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George Chidi

I went to the DeKalb legislative delegation forum tonight, and promised everyone in the room that if they got a speeding ticket in the next year, I would pay it. I also said that anyone who shared a Facebook picture of me from that event, tagged with me in the photo would also have their speeding ticket covered. I meant it. Here are my terms. Speeding tickets -- not tickets for driving without a license or without insurance. Not a fine assessed because you were driving drunk or were driving recklessly or stole the damn car. If you're getting arrested, and are charged with speeding along with a bunch of other stuff -- that's on you. Pine Lake PD tickets only, not DeKalb police. And you have to share the photo BEFORE you get the ticket, not after. I may extend this to other tickets later, but right now I just want to make the point clear: Pine Lake is not a speed trap. A driver is not much more likely to get a ticket here than anywhere else in DeKalb. Our police do not give out more tickets than the typical county cop. The average driver, taking two trips on Rockbridge Road a day five days a week, is statistically likely to get a ticket about once every 10 years today. Pine Lake used to be a mess. We've cleaned it up. I won't have our years of effort maligned by some rent seeking politician who feels it necessary to make stuff up about this city for political benefit. ... See MoreSee Less

2 months ago

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George Chidi

I want Pine Lake to be the first city in Metro Atlanta to mandate the use of body cameras on its police force. I hope for the city's policy on camera use to become the model for other municipalities adopting the technology. I spent some time consulting with other police departments, the ACLU and the Electronic Frontier Foundation, looking for best practices and potential pitfalls. Here's where I am right now, at the start of the discussion. Larger police departments cite cost as a limiting factor for having a constantly-running body camera on police officers. Based on what I'm seeing in the market, I'm going to dispute that. The cost for the cameras we're looking at run about $300 to $400 each. The real expense, I'm told, is in storage. An AXON camera unit in default mode requires 810 megabytes of storage per hour of operation. For a department like the DeKalb Police with about 800 patrol officers, that would be 32,000 hours of video or about 25 terabytes of data a week. That's about $1,250 a week at current storage costs. Stored for three months, that's $17,000 in storage costs. The cameras themselves would cost about $500,000. It's chicken feed for a department with a budget of about $200 million. In 2010, the DeKalb Police upgraded their sidearms from standard 9 mm to .40 caliber Smith & Wesson M&P, list price of $689 a pop. The cost for ammo is about $3 a magazine. The department would spend more money on weapons and qualification than on video accountability. As it happens, Pine Lake has all of three and a half cops. We need three cameras. I can understand the value of having a camera running for a full shift, but I think well-crafted policies would make that unnecessary. But even if we had a camera on 24 hours a day, seven days a week, we could capture three months of video data on a two terabyte drive for about $120. (We'll be setting up a RAID array of some sort, I think, or removable storage on a machine that's off the network, just to be sure.) Policies governing camera use and access to recordings seem more important. It should be completely impermissible for a police officer to suddenly decide to shut off a camera just before arresting someone, or for some "equipment malfunction" to break the camera or erase the recording. The policy I've proposed comes straight from the ACLU. It calls for weekly reviews of video, monthly audits and a rigid protocol for logging, copying and retaining data. It explicitly labels a recording as subject to a Georgia Open Records Act request. It limits access to a recording to the chief of police. It describes how a camera should be worn, to prevent activity from outside the view of the lens. What it doesn't do -- yet -- is establish penalties for not recording an interaction that should be recorded. In my view, it should be treated as destruction of evidence and establish a legal presumption of acting in bad faith so as to make prosecution fraught. And, frankly, it should be a firing offense at least for a cop to tamper with a camera. I'd actually like to see it criminalized, with a conviction barring a cop from future service. We also have to address the question of domestic calls. Suppose a cop responds to a fight at someone's home. Under some circumstances, police can enter a home without a warrant. Domestic calls are universally fraught. Emotions are high. Cops will take grief. There's value in having a camera on as a defense against charges of misconduct. But by some interpretations, a video recording of a home might be considered a search. Do the plain sight rules apply to a video recording, if investigators choose to pick through the video logs frame by frame? Should the recording of the inside of someone's home made during an in extremis entrance by police be subject to the Georgia Open Records Act? That's a serious debate. It's also probably something a court will have to answer. Welcome to the future. ... See MoreSee Less

3 months ago

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George Chidi

City council meeting tonight. I have a proposal for a comprehensive policy covering body cameras for police to discuss, but before that, the housekeeping. We're playing with the ordinance for abandoned and dilapidated structures a bit more, to be sure the checks are balanced. There's a question to be answered about how we'll work it in to our comprehensive review of zoning code. The best case scenario makes it unnecessary to ever enforce a rule demanding a homeowner tear down a structure. We're talking about a dog park across the street from the police station on city property at the corner of Forrest and Pine. The sticking point seems to be cost and adequate size right now. A proper dog park requires space for both small dogs and big ones, and a fence that isn't made of chain link will be expensive, never mind the maintenance costs. It's hard to justify spending the money while we're looking for funds to get back to 24 hour police coverage. Perhaps something can be worked out. The city will be renegotiating it's service delivery agreement with the county, in tandem with the other municipalities of the county. That, friends, will be an interesting discussion in light of recent events at the county. Fun fact: all the municipalities have to submit an agreement together for it to stick -- cities have equal bargaining rights in a fashion. At the table, in principle, Dunwoody and Pine Lake are equals because either city can scuttle an agreement. Questions have arisen about Safebuilt's performance as the city's contracted inspector. I'm in the market for stories about how they're doing for city property owners. ... See MoreSee Less

3 months ago

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George Chidi

Power is out. ... See MoreSee Less

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4 months ago

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