HOUSTON COUNTY, Ga. — At least one person thinks the Houston County Sheriff's Office is taking sides in the race for a new sheriff.
They complained to Houston's district attorney, who says someone outside the county should investigate.
The allegations stem from an anonymous letter that arrived around Valentine's Day. It was signed by "a deeply concerned citizen."
The letter was sent to various state and county officials and the media, including 13WMAZ.
The letter lists 11 points that suggest the sheriff's office is using its resources to support Matt Moulton's campaign for sheriff.
Moulton is a lieutenant overseeing the criminal investigations division at the sheriff's office.
"ACTIONS THAT DEFY STATE ETHICS..."
The letter from the "concerned citizen" says, "I am writing to you and others listed below to inform you of a grievance regarding local government and political actions that defy State Ethics, Criminal Law and County Policy."
The listed complaints are:
- Alleged conflict of interest involving the family of Sheriff Cullen Talton. The sheriff's son, Neil, is on the county development authority, and Neil's son, Tal, is a county commissioner. Tal motions and votes on recommendations by his father and on funding for his grandfather's department.
- "Sheriff Talton and Sheriff's candidate Matthew Moulton held a political rally inside the Sheriff's Office using the Houston County Sheriff's Office badge and seal. Approximately 100 people were in attendance, and said the event was covered by local media outlets."
- "During the aforementioned event, Deputies at the Sheriff's Department were on duty (tax paid employees paid by the Board of Commissioners) and were encouraged and even told to attend. Many in attendance did not want to attend a political assembly but felt pressured by supervisors at the Sheriff's Office to attend."
- "During the aforementioned event, Candidate Matthew Moulton brought political signs into the Sheriff's Office, and he and his political team distributed those signs."
- "During the aforementioned event, members of the Public Works department, a department that does not fall under the Sheriff were instructed to help set up for the event."
- "Candidate Matthew Moulton utilized the Sheriff's Office and Magistrate Office to stage photographs for his political website. Candidate Moulton also utilized Sheriff's Office Deputies (who were on duty and being paid by the county) to stage and take photographs with Candidate Moulton (see Candidate Moulton's website.) Remarkably, some of the Deputies contained in the photos did not want to be in the photos but felt they were obligated to ensure their continued employment at the Sheriff's Office."
- The letter claims a sheriff's office supervisor is "a member of Candidate Moulton's campaign team and has been using [their] government-issued cell phone to text and call in the furtherance of Candidate Moulton's campaign."
- The letter claims the same supervisor "instructed members... that they could, 'support who they want, vote for who they want, but remember there are consequences,' leaving at least two [employees] feeling that they could not freely exercise their Constitutional Right to support and vote on their own free will without repercussion or retaliation."
- "Remarkably, Chief Deputy Billy Rape instructed Deputies that they could not have political signs in their yard, because "it would look as the Sheriff was endorsing a candidate," however, Chief Rape and his neighbor [a supervisor] both have Candidate Moulton's signs in their yard."
- "Candidate Moulton and Chief Rape attended a Chamber of Commerce meeting in furtherance of the campaign using Candidate Moulton's F150 Police vehicle as the means of transportation."
- "Candidate Moulton as well as other staff members.... have taken the Sheriff to and from Doctor's Appointments, to speak with donors for Candidate Moulton's campaign and other personal meetings and appointments utilizing government vehicles, fueled and on duty tax-paid manpower."
The letter concludes with: "As a resident of Houston County, I am embarrassed that local government has allowed such things to happen and turn a blind eye, again and again. By not addressing and correcting these actions, members of both state and local government give the appearance of condoning the behavior.
Our Constitution, State Laws, and Rules of Ethics do not allow for such egregious behavior or for those in charge to continue to ignore such violations of democracy without action. The citizens of Houston County demand you act to restore integrity in our government."
'IT'S MY OBLIGATION TO SEND THAT LETTER'
The letter was sent to: Georgia Attorney General Christopher Carr; Secretary of State Brad Raffensperger; Georgia Ethics Commission Chairman David Emadi, County Commissioner Chairman Dan Perdue and District Attorney Will Kendall.
On Monday, Kendall said, "There's some pretty staunch allegations contained in that letter."
RELATED: Houston sheriff waives political involvement, activity policy to let employee run for public office
The district attorney, who is also running for sheriff against Moulton, says he takes allegations like these seriously.
"But, being a candidate in the same race that the allegations arise from, that means I have a legal conflict of interest as district attorney," Kendall said.
He's handing the letter off to the state's Prosecuting Attorneys' Council and the State Ethics Commission.
Kendall's letter to a state agency says he takes 'all citizen complaints seriously,' but he cannot investigate the allegations or act on them. That's because as one of Moulton's opponents, he is in a conflict of interest.
"I also can't be in a position where I violate my own integrity, morals or the law as district attorney, and then tell people I wanna be sheriff because that doesn't make sense," Kendall said. "It's not the right thing to do."
He continued, "I'm sure there'll be critics as to me sending this letter off, but the reality is that is my legal obligation. I don't get a choice in that matter. In order to follow the law, uphold the oath that i already have, it's my obligation to send that letter off."
'A LOT OF THINGS ARE NOT ACCURATE'
Also on Monday, Chief Deputy Billy Rape scoffed at the letter ."I thought it was a bunch of B.S."
"There's some things in there that are accurate, but there's a lot of things in there that are not accurate," Rape said.
Last month, 13WMAZ addressed one of the complaints about why Moulton got to hold his campaign announcement at the sheriff's office. Moulton and his supervisor, Rape, told 13WMAZ that the sheriff's office policy regarding elections and campaigning was verbally waived for Moulton and his colleagues, including private citizens and deputies working at the sheriff's office, in December.
Rape argued the setting of the sheriff's endorsement for Moulton was not a political rally, rather "a public announcement for his campaign" held inside the lobby of the Tax Commissioners office at the Houston County Annex.
However, the Tax Commissioners lobby has a plaque honoring the nation's longest serving sheriff, Cullen Talton, that dedicates the building to him.
Rape said they got permission to hold the rally in the lobby but that they originally planned to hold it outside. Due to the unpredictable weather, it was held inside.
Rape also confirmed his office requested permission from the commissioner's office to use sound and other equipment for Moulton's public announcement.
He added this is almost customary these days in Houston County, and many other candidates have made public announcements in similar settings.
Rape said the claim that another supervisor using their government-issued phone was false. He said the person named does not have a work-issued phone, only a personal cell.
The chief deputy also said his office has never encouraged deputies to sway in any political direction.
The chief deputy said in the past, many years ago, there was an instance where a sheriff's office vehicle had a political sign on the back of it, or was in the driveway of deputies' homes with political signs.
That was the only time, Rape said, they had to address endorsements that seemed like a conflict of interest.
Rape said the claim about using Moulton's F150 police vehicle to attend a Chamber of Commerce meeting in Perry was also false. He said he's never been inside Moulton's truck.
He said he encourages his deputies to attend public gatherings and get to know the community they serve.
Rape dismissed the gravity of the claims.
"That's a violation of law? Or some moral or illegal something? I'm not sure where all this is-- well, I know where this is coming from and why it's coming, but I don't understand why it's such a big issue."
FOUR REPUBLICANS FACE OFF MAY 21
The state Prosecuting Attorney's Council told 13WMAZ that they are not an investigating agency. Generally, when a district attorney like Kendall reports a conflict of interest, that agency can refer the case to a different prosecutor.
However, Executive Director Peter Skandalakis confirmed he and Chairman Emadi from the Georgia Ethics Commission are speaking about this matter.
Four Republicans and one Democrat are running for Sheriff Talton's seat.
Democrat Arthur Harris will face the Republican candidate, who will be decided after the May primaries.
The Republican contenders are Jimmy Dunn, Kendall, Moulton and Slate Simons. The winner of the May 21 party primary faces Harris.