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Investigation Against Mayor Heading to Court

The mayor's attorney filed an action in Fulton County Superior Court to stop the investigation and subpoenas. Judge Todd Markle has been assigned to the case.

With the election shake up that ousted two City Council members, many in Johns Creek assumed the investigation launched over the summer against Mayor Mike Bodker was over.

But the probe against possible wrong-doing by the Johns Creek mayor continues.

"I have been given no direction otherwise from the City Council so I am proceeding," said Bob Wilson, the investigating attorney hired by City Council.

Wilson said the mayor, AT&T and Atlantic Realty have recently been served with subpoenas.

In response, Wilson said the mayor's attorney on Thursday, filed an action in superior court for a declaratory judgment to stop the subpoenas and any further investigation.

Wilson is asking for copies of Bodker's personal phone records over the past three years. But the mayor has balked at supplying the information saying that his personal phone records are just that, personal.

"It's not personal when you use your personal cell phone for business," Wilson countered.

Wilson had issued an interim report on Oct. 21, 2013 into the investigation of Mayor Bodker on whether he has complied with the Johns Creek Charter, the ethics code and state or federal laws. Wilson said the mayor's phone records are critical to his investigation in determining if there was any wrong-doing by the mayor.

Bodker said he was surprised to receive the subpoena. Like many, he assumed the election outcome had settled the issue.

"The Johns Creek voters voices were heard loud and clear," said Bodker referring to the Nov. 5 election of Cori Davenport and Lenny Zaprowski. The two newcomers soundly defeated incumbents Randall Johnson and Karen Johnson.

The election results have no bearing on the matter said Wilson. "Elections don't decide investigations."

The matter, it seems, will be decided in court. Michael Cross, the attorney representing the mayor, said that Fulton County Superior Court Judge Todd Markle has been assigned to the case. A hearing date has not been set.

Cross confirmed that a petition to stop the investigation had been filed adding that the cost of the investigation was poor use of taxpayers' money and it should be up to the new City Council whether to continue the investigation.

Outgoing City Council member Randall Johnson said he's not surprised to hear that the mayor's attorney is trying to stop the investigation. 

"The mayor is desperately trying to keep information from the public," said Johnson who was one of five council members on June 17, 2013 to vote in favor of launching an investigation against the mayor. "If voters knew everything that the mayor was trying to hide, they would have voted differently."


Read also:

City Council Releases Interim Report on Mayor Bodker

Mayor Bodker: Why He's Not Turning Over Phone Records

City Council Decides to Subpoena Mayor Bodker

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DP December 17, 2013 at 09:31 AM
How could the mayor "think it was over"? Just because he won the election, doesn't mean that he is innocent of charges.
Robert Searl December 22, 2013 at 06:19 PM
"If voters knew everything that the mayor was trying to hide, they would have voted differently." Well Randall Johnson, what is it we need to know? Fish or cut bait.
Public December 24, 2013 at 03:03 PM
Robert, the public can't count on clarity from people that place no value on the truth and will say and do anything to justify themselves and their actions. If I was forced to make a choice between bare fisted fighting a grizzly or depending on the truth from RJ for my survival, I'd have to go to blows with the bear.
Johns Creek Resident December 25, 2013 at 06:47 PM
Spare us the drama....Public...the truth is there is an investigation of Mike Bodker not Randall Johnson and he could end it by turning over phone records and bank records to the investigating attorney.....waiting Mike.....or will he get the newly electeds to vote to end the investigation.
Robert Searl December 25, 2013 at 09:34 PM
Folks, I believe that I asked a valid question. By his own statement Randall Johnson apparently has the answer. My current opinion is that Mr. Johnson actually has no relevant information.
frankfromjc January 02, 2014 at 09:05 AM
Mr. Searl, my opinion is that hizzoner has the answer. He won't share it with us. When you become a public figure, you give up a lot of privacy rights. Time for the mayor to tell us what he's hiding. To think that an election gives him a pass is, well, downright ignorant. Look at all the corrupt politicians re-elected over the years that went on to serve time. If the new council passes a motion to stop the investigation, you can expect the DA and the FBI to step in. This is not going away, no matter how many of his cronies voted for the mayor. By the way, where is Mr. Carrel's re-call effort?

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