Schools

Cherokee BOE: Kelly Marlow Violated Ethics Policies

The board has also fined Marlow $3,600, which will be applied towards the cost of the ethics hearing.

Cherokee County School Board member Kelly Marlow violated ethics policies when she sent a letter to AdvancED, asking the organization to investigate the Cherokee County School District.

That's the decision handed down by the Cherokee County School Board during its nearly four hour ethics hearing tonight. The board voted 5-2, with both Marlow and Michael Geist opposing, to confirm that Marlow violated the board's governance structure by ignoring its chain of command in sending her letter to AdvancED. 

It also voted 6-1, with Marlow opposing, confirming she in fact violated the board's policy that stipulates no private actions should be taken that would compromise the board or the Cherokee County School District. 

After some back and forth, the board did vote 5-2, with Marlow and Geist opposing, to impose a $3,600 sanction onto Marlow that will be contributed towards the cost of the hearing proceedings, which School Board Attorney Tom Roach said is expected to exceed $5,000. 

Marlow, who refused to comment to the press after the board's decisions, was represented by her brother J. Thomas Salata, an Alpharetta-based attorney who specializes in family law, criminal defense, mediation and bankruptcy. Sitting with her at her defense table was also her partner and political advisor Robert Trim.

The proceedings mirrored that of a court room trial in which Roach represented the district while Salata represented Marlow.

During the opening and closing remarks, Salata alluded to the fact that if the board voted to condemn Marlow's actions, they would be opening themselves up to ethics charges for merely sending letters to elected officials. 

If the board deems that action "unethical, then be careful who you write an email to and who you send a letter to," Salata said in his closing remarks. Salata also opposed the board's decision to financially sanction Marlow. 

"She did something wrong in your opinion," he added. "Tell her she did something wrong and let’s go about our business."

Roach reiterated the hearing was centered around the AdvancED letter and whether it constituted a violation of board policy — not on letters board members sent to elected officials and others before Marlow was even elected. 

Marlow doesn't understand that "until four of you raise your hand, you have no authority," Roach added. The board cannot direct Superintendent of Schools Dr. Frank Petruzielo or school district staff to do anything unless at least four members say so.

"I think Ms. Marlow refuses to grasp that simple concept, which is embodied in the policy she violated," he added. 

Board member Geist alluded to his belief that the board picks and chooses when it wants to enforce its policies. The school board should ask itself if it's "applying our policy in an even handed or fair manner," he added.

Geist referenced former Cherokee County School Board member Mike Chapman in 2012 sending a letter to AdvancED Director Mark Elgart, citing concerns regarding the Cherokee County legislative delegation's reapportionment plan for the board. 

Board Chair Janet Read clarified that Marlow could have sent a letter to AdvancED asking assistance in helping her address concerns she may have with other board members. Instead, Read said Marlow called for a formal investigation, which she said was inappropriate. 

For board member Rob Usher, Chapman's actions last year did not have any relevance to the question that was before the board.

It's the action of an individual board member that undermined the authority of the board as a whole is what the board is grappling with, according to Usher. 

"I feel (that) is the problem here."

Along with the board saying she violated its policies, Marlow also faces the possibility of being indicted on criminal charges later this month.  

Marlow, along with partner Robert Trim and resident Barbara Knowles, were all arrested in July and charged in relation to Knowles accusing Superintendent of Schools Dr. Frank Petruzielo of trying to run her over with his vehicle as he was leaving the June 13 board meeting. 

Knowles was charged with making a false report of a crime and making false statements while both Trim and Marlow were charged with making false statements. 

A Cherokee County grand jury this month is slated to review the charges and decide whether to indict the three individuals. 

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