Bill Text: GA HR1714 | 2009-2010 | Regular Session | Introduced

Georgia House Resolution 1714 (Prior Session Legislation)

Introduced

Bill Title: LaGrua, Shawn; bring impeachment charges

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-03-18 - House Second Readers [HR1714 Detail]

Download: Georgia-2009-HR1714-Introduced.html

10 LC 28 5192ER

House Resolution 1714

By: Representative Franklin of the 43rd

A RESOLUTION

Bringing charges of impeachment against Shawn LaGrua; and for other purposes.

WHEREAS, Shawn LaGrua, who in her capacity as a legal services officer for the State of Georgia, presently holds the title of Inspector General for the Office of the Secretary of State; and

WHEREAS, in her conduct while in the capacities of Solicitor General of DeKalb County and as the Legal Services Officer for the Secretary of State, she has violated her constitutional oath to faithfully discharge her duties and, to the best of her ability, preserve, protect, and defend the Constitution of the State of Georgia, and violated her constitutional duty to take care that the laws be faithfully executed by committing the abuses of power set forth in this resolution; and

WHEREAS, beginning on July 7, 2004, as a DeKalb County Assistant District Attorney, Shawn LaGrua initiated a criminal investigation against a DeKalb County Solicitor's Office investigator, Guy Antinozzi, without authorization to do so from District Attorney Brickman or Chief Assistant District Attorney Petrey, as would be required of an officer sworn to uphold their oath and obligations under O.C.G.A. Section 16-10-1 and other statutes; and

WHEREAS, from July 7 to July 13, 2004, Shawn LaGrua conducted said criminal investigation against DeKalb Solicitor's Office investigator Guy Antinozzi without the knowledge or approval of the Solicitor General of DeKalb County (pro tempore) Baig and in violation of her oath and obligations under O.C.G.A. Section 16-10-1 and other statutes; and

WHEREAS, from July 7 to July 13, 2004, Shawn LaGrua initiated surveillance of DeKalb Solicitor's Office investigator Guy Antinozzi without the knowledge or approval of the Solicitor General of DeKalb County (pro tempore) Baig and in violation of her oath and obligations under O.C.G.A. Section 16-10-1 and other statutes; and
WHEREAS, the investigation initiated by Shawn LaGrua improperly alleged, in violation of O.C.G.A. Section 16-10-20 and other statutes, that Guy Antinozzi was not authorized to work a flex time schedule although he was authorized to work such a schedule by former Solicitor General Gwen Keyes-Fleming; and

WHEREAS, the investigation initiated by Shawn LaGrua improperly alleged, in violation of O.C.G.A. Section 16-10-20 and other statutes, that Guy Antinozzi did not enter the number of hours worked correctly on his time sheet, although both his supervisor, Ms. Petersen, and the Solicitor General's Legal Office Coordinator, Ms. Lindsey, confirmed that he entered his time as instructed; and

WHEREAS, the investigation initiated by Shawn LaGrua improperly alleged, in violation of O.C.G.A. Section 16-10-20 and other statutes, that Guy Antinozzi did not work the number of hours per week that he entered on his time sheet, although all of his supervisors confirmed that his work product and job performance excelled above and beyond what they expected; and

WHEREAS, the investigation initiated by Shawn LaGrua improperly alleged, in violation of O.C.G.A. Section 16-10-20 and other statutes, that Guy Antinozzi did not work 26.5 hours during specific weekdays but failed to investigate and determine whether or not Mr. Antinozzi worked flex time hours during that same period; and

WHEREAS, the Fulton County District Attorney's office investigation concluded that Shawn LaGrua never confronted Mr. Antinozzi with the allegations raised in said criminal investigation against him as would reasonably be expected of any officer sworn to uphold their oath of office according to O.C.G.A. Section 16-10-20; and

WHEREAS, after becoming the Solicitor General of DeKalb County, Shawn LaGrua terminated Guy Antinozzi as a result of the foregoing false allegations and in violation of O.C.G.A. Section 16-10-20; and

WHEREAS, after becoming the Solicitor General of DeKalb County, Shawn LaGrua terminated Guy Antinozzi as a result of the foregoing false allegations without ever discussing concerns about his work performance or work schedule with any of his supervisors and without regard to her obligations under O.C.G.A. Section 16-10-1, O.C.G.A. Section 16-10-20, and other statutes; and

WHEREAS, her criminal investigation and action to terminate Mr. Antinozzi were performed under false pretenses in violation of O.C.G.A. Section 16-10-20 and other statutes in that they conflict with the statements of all witnesses who supervised Mr. Antinozzi including those from Chief Investigator Heard who stated that "he always responded in a timely manner" and Ms. Petersen who wrote "nothing supersedes the consistent and high quality of work he is assigned"; and

WHEREAS, criminal allegations of deception in said investigation against Mr. Guy Antinozzi are false and in violation of O.C.G.A. Section 16-10-20 and other statutes and fail according to law because Mr. Antinozzi was not the beneficiary of any property as required by O.C.G.A. Section 16-8-3 and O.C.G.A. Section 16-8-12(a)(3); and

WHEREAS, Shawn LaGrua conducted the criminal investigation against Guy Antinozzi motivated by factors other than criminal conduct as indicated by the Fulton County District Attorney investigation into her activities, and said investigation violated her oath of office as prescribed by O.C.G.A. Section 16-10-1; and

WHEREAS, Shawn LaGrua had political motivation to conduct an improper investigation in conflict with her oath of office as prescribed by O.C.G.A. Section 16-10-1 and other statutes because Mr. Antinozzi worked for Gwen Keys-Fleming who resigned to run for the office of District Attorney of DeKalb County against Mr. Brickman, Shawn LaGrua's superior; and

WHEREAS, after becoming the Solicitor General of DeKalb County, Shawn LaGrua terminated various other Domestic Violence Department employees on premises similar to those used against Mr. Antinozzi and without regard to her obligations under O.C.G.A. Section 16-10-1, O.C.G.A. Section 16-10-20, and other statutes; and

WHEREAS, Shawn LaGrua's office failed to determine in its investigation of State Election Board Case No. 2008-000133 that her allegations of improper testing against voting machine technician, Laura Gallegos, were not related to the inclusion of 947 test votes in actual 2008 Lowndes County election results as confirmed by state's witness James Long under oath in cross examination at a January 14, 2010, administrative hearing in Valdosta; and

WHEREAS, Shawn LaGrua's office failed to investigate and identify in its December 10, 2008, report for State Election Board Case No. 2008-000133 who loaded the test votes into the live election results on election night when Mrs. Gallegos was not present; and
WHEREAS, Shawn LaGrua's office failed to investigate and identify in its December 10, 2008, report for State Election Board Case No. 2008-000133 who failed to reconcile the total number of votes cast from the statement of votes cast with the total number of voters from the voter registration system to so that the voting discrepancy could have been detected prior to certification; and

WHEREAS, Shawn LaGrua's office failed to consider in either or both State Election Board Case No. 2008-000133 and State Election Board Case No. 2010-000007 the validity of Mrs. Gallegos claims that the complaint letter submitted against her by Lowndes County Supervisor, Deb Cox, was in retaliation for two letters of complaint that Mrs. Gallegos had written to the Lowndes County Board of Elections charging verbal abuse against Mrs. Cox; and

WHEREAS, Shawn LaGrua's office falsely alleged in its December 10, 2008, report for the above-cited case that voting machine technician, Laura Gallegos, failed to thoroughly test machines used for absentee voting according to O.C.G.A. Section 21-2-379.7(b) when the statute places the legal burden for such testing on the superintendent; and

WHEREAS, Shawn LaGrua's office falsely alleged in its December 10, 2008, report that voting machine technician, Laura Gallegos, failed to thoroughly test machines used for absentee voting according to O.C.G.A. Section 21-2-379.7(b) although Deputy Inspector General, Chris Harvey, admitted twice to the State Election Board in its June hearing that Mrs. Gallegos followed her instructions accordingly; and

WHEREAS, Shawn LaGrua's office falsely alleged in its December 10, 2008, report that voting machine technician, Laura Gallegos, failed to thoroughly test machines used for absentee voting according to O.C.G.A. Section 21-2-379.7(b) although state's witness, Mr. James Long, acknowledged when interviewed during the investigation and at the subsequent hearing that Mrs. Gallegos followed her instructions accordingly; and

WHEREAS, Shawn LaGrua's office falsely alleged in its December 10, 2008, report that voting machine technician, Laura Gallegos, failed to thoroughly test machines used for absentee voting according to O.C.G.A. Section 21-2-379.7(b) when the manual testing procedure steps 11-66 alleged not to be performed are not mandated by such Code section; and

WHEREAS, Shawn LaGrua's office falsely alleged in its December 10, 2008, report that voting machine technician, Laura Gallegos, failed to thoroughly test machines used for absentee voting according to O.C.G.A. Section 21-2-379.7(b) when the automatic testing procedures that her office acknowledged as being performed meet the legal requirements of such Code section; and

WHEREAS, Shawn LaGrua's office falsely alleged in its December 10, 2008, report that voting machine technician, Laura Gallegos, failed to thoroughly test machines according to O.C.G.A. Section 21-2-379.7(b) while failing to determine that Lowndes County did not require the alleged procedures to be performed; and

WHEREAS, Shawn LaGrua's office falsely alleged in its December 10, 2008, report that voting machine technician, Laura Gallegos, failed to thoroughly test machines used for absentee voting according to O.C.G.A. Section 21-2-379.7(b) while failing to determine that Mrs. Gallegos tested the machines in accordance with the testing instructions that she was given by Lowndes County; and

WHEREAS, Shawn LaGrua's office falsely alleged in its December 10, 2008, report that voting machine technician, Laura Gallegos, failed to thoroughly test machines thus resulting in 947 test votes being included in live election results while failing to determine that the discrepancy occurred when other individuals uploaded a memory card containing such test votes and did not reconcile the statement of votes cast to the number of voters from the voter registration system prior to certification as required by O.C.G.A. Section 21-2-493 and other Code sections; and

WHEREAS, Shawn LaGrua's office falsely alleged in its December 10, 2008, report that Laura Gallegos failed to perform all state mandated procedures for manual logic and accuracy testing according to according SEB Rule 183-1-12.02(3)(b)(1)(iii) when the procedure steps 11-66 alleged not to be performed are not mandated by such rule; and

WHEREAS, Shawn LaGrua's office falsely alleged in its December 10, 2008, report that Laura Gallegos failed to perform all state mandated procedures for logic and accuracy testing according SEB Rule 183-1-12.02(3)(b)(1)(iii) when the automatic testing procedures that her office acknowledged as being performed meet the legal requirements of such State Election Board rule; and

WHEREAS, Shawn LaGrua's office alleged in its December 10, 2008, report that voting machine technician, Laura Gallegos, failed to perform all state mandated procedures for logic and accuracy testing according SEB Rule 183-1-12.02(3)(b)(1)(iii) when the burden for performing those procedures rests with the superintendent as required by the associated Code section, O.C.G.A. Section 21-2-379.7(b); and

WHEREAS, Shawn LaGrua's office alleged in its December 10, 2008, report that Laura Gallegos failed to perform all state mandated procedures for logic and accuracy testing according to SEB Rule 183-1-12.02(3)(b)(1)(ii) although Deputy Inspector General, Chris Harvey, admitted twice to the State Election Board in its June hearing that Mrs. Gallegos followed her instructions accordingly; and

WHEREAS, Shawn LaGrua's office alleged in its December 10, 2008, report that Laura Gallegos failed to perform all state mandated procedures for logic and accuracy testing according to SEB Rule 183-1-12.02(3)(b)(1)(ii) although state's witness, Mr. James Long, acknowledged when interviewed during the investigation and at the subsequent hearing that Mrs. Gallegos followed her instructions accordingly; and

WHEREAS, Shawn LaGrua's office alleged in its December 10, 2008, report that Laura Gallegos failed to perform all state mandated procedures for logic and accuracy testing according to SEB Rule 183-1-12.02(3)(b)(1)(ii) while failing to determine that Lowndes County procedures did not require the foregoing procedures to be performed; and

WHEREAS, Shawn LaGrua's office alleged in its December 10, 2008, report that Laura Gallegos failed to perform all state mandated procedures for logic and accuracy testing according to SEB Rule 183-1-12.02(3)(b)(1)(ii) while failing to determine that Mrs. Gallegos never received any such procedures from Lowndes County; and

WHEREAS, Shawn LaGrua's office falsely alleged in its December 10, 2008, report that Laura Gallegos failed to perform all state mandated procedures for logic and accuracy testing according to SEB Rule 183-1-12.02(3)(b)(1)(ii) while failing to determine that a voting machine #17 malfunctioned, thus preventing any testing of the machine from being completed; and

WHEREAS, Shawn LaGrua's office falsely alleged in its December 10, 2008, report that Laura Gallegos failed to perform all state mandated procedures for logic and accuracy testing thus resulting in 947 test votes being included in actual election results while failing to determine that the discrepancy occurred when other individuals uploaded a memory card containing the said test votes and did not reconcile the statement of votes cast to the number of voters from the voter registration system prior to certification as required by O.C.G.A. Section 21-2-493 and other Code sections; and

WHEREAS, Shawn LaGrua's office falsely alleged in its December 10, 2008, report that Laura Gallegos failed to make a certification according to SEB Rule 183-1-12.02(3)(b)(1)(iii) when the rule places the burden for such certification on the superintendent, not a voting machine technician; and

WHEREAS, Shawn LaGrua's office falsely alleged in its December 10, 2008, report that Laura Gallegos failed to make a certification according to SEB Rule 183-1-12.02(3)(b)(1)(iii) although Deputy Inspector General, Chris Harvey, admitted twice to the State Election Board in its June hearing that Mrs. Gallegos followed her instructions accordingly; and

WHEREAS, Shawn LaGrua had political motivation to charge Mrs. Gallegos and not investigate Lowndes County supervisor, Deb Cox, as required by her oath and duties under O.C.G.A. Section 16-10-1, O.C.G.A. Section 16-10-20, and other Code sections since Mrs. Cox was well acquainted with Shawn LaGrua's superior, Secretary of State Karen Handel; and

WHEREAS, Shawn LaGrua failed in State Election Board case No. 2008-00133 to investigate and refer to the Attorney General's office the Lowndes County Board of Elections for improperly certifying the results of the 2008 Lowndes County elections according to O.C.G.A. Section 21-2-497 and other Code sections; and

WHEREAS, Shawn LaGrua failed in State Election Board case No. 2008-00133 to investigate and refer to the Attorney General's office Lowndes County Elections Supervisor Deb Cox for improperly certifying the results of the 2008 Lowndes County elections according to O.C.G.A. Section 21-2-497 and other Code sections; and

WHEREAS, Shawn LaGrua failed in State Election Board case No. 2008-00133 to investigate and refer to the Attorney General's office the Lowndes County Board of Elections for failing to reconcile the statement of votes cast to the number of voters from the voter registration system prior to certification as required by O.C.G.A. Section 21-2-493(b) and other Code sections; and

WHEREAS, Shawn LaGrua failed in State Election Board case No. 2008-00133 to investigate and refer to the Attorney General's office the Lowndes County Elections Supervisor, Deb Cox, for failing to reconcile the statement of votes cast to the number of voters from the voter registration system prior to certification as required by O.C.G.A. Section 21-2-493(b) and other Code sections; and

WHEREAS, Shawn LaGrua failed to investigate and refer Lowndes County Supervisor Deb Cox as part of State Election Board case No. 2010-0007 for failing to administer the correct custodian oath according to O.C.G.A. Section 21-2-327(b) as previously found by Judge John Gatto in a January 14, 2010, hearing in Valdosta, Georgia; and

WHEREAS, Shawn LaGrua failed to investigate and refer Lowndes County Supervisor Deb Cox as part of State Election Board case No. 2010-0007 for failing to administer the correct custodian oath according to SEB Rule 183-1-12.02(2)(g)(1) as previously found by Judge John Gatto in a January 14, 2010, hearing in Valdosta, Georgia; and

WHEREAS, Shawn LaGrua failed to investigate and determine after the aforesaid ruling and as part of State Election Board case No. 2010-0007 if other Lowndes County elections personnel were administered the correct custodian oath as prescribed by O.C.G.A. Section 21-2-327(b); and

WHEREAS, Shawn LaGrua failed to investigate and determine after the aforesaid ruling and as part of State Election Board case No. 2010-0007 if other Lowndes County elections personnel were administered the correct oaths as prescribed by O.C.G.A. Section 21-2-492, O.C.G.A. Section 21-2-584, and other statutes; and

WHEREAS, Shawn LaGrua failed at the February 2010 State Election Board meeting to investigate and report on the allegations made by Laura Gallegos in State Election Board case No. 2010-00007 against her supervisor, Deb Cox, in the December 2009 letter Mrs. Gallegos sent to the State Elections Board; and

WHEREAS, Shawn LaGrua failed in both of the investigations cited above to investigate and determine whether or not the Lowndes County supervisor established proper procedures for logic and accuracy testing of voting machines used in Lowndes County as required by O.C.G.A. Section 21-2-379.7(b); and

WHEREAS, Shawn LaGrua failed in both of the investigations cited above to investigate and determine whether or not the Lowndes County supervisor distributed proper procedures for logic and accuracy testing of voting machines used in Lowndes County to voting machine technicians as required by O.C.G.A. Section 21-2-379.7(b); and

WHEREAS, Shawn LaGrua failed in both of the investigations cited above to investigate and determine whether or not the Lowndes County supervisor took the necessary steps to ensure that proper procedures for logic and accuracy testing of voting machines were being conducted in Lowndes County as required by O.C.G.A. Section 21-2-379.7(b); and

WHEREAS, Shawn LaGrua failed in both of the investigations cited above to investigate and determine why the Lowndes County supervisor did not ensure that certification paperwork alleged to be incomplete in State Election Board Case No. 2008-00133 was not completed in a timely manner as required by O.C.G.A. Section 21-2-379.7(b); and

WHEREAS, Shawn LaGrua failed in either or both of the investigations cited above to determine whether or not the First Christian Church precinct in Lowndes County was properly equipped as required by law O.C.G.A. Section 21-2-323(b), O.C.G.A. Section 21-2-596, and other Code sections; and

WHEREAS, Shawn LaGrua failed in either or both of the investigations cited above to determine whether or not Lowndes County Elections Supervisor Deb Cox or other Lowndes County Elections personnel were in violation of O.C.G.A. Section 21-2-596 as a result of actions cited in the foregoing paragraphs; and

WHEREAS, Shawn LaGrua opened an investigation into the 2005 Cobb Special Purpose Local Option Sales Tax (SPLOST) referendum based on complaints of discrepancies received at a January, 2009, State Election Board meeting, but never contacted the party complaining of those discrepancies to gather information and subsequently recommended that the investigation be closed without ever determining the reasons why the discrepancies occurred and whether or not all other discrepancies had been identified, thus failing to fulfill her oath of office as required by O.C.G.A. Section 16-10-1; and

WHEREAS, Shawn LaGrua replied that her office could not locate a complaint letter forwarded to her by the Elections Director in January, 2009, after her office confirmed several times that it was received; and

WHEREAS, Shawn LaGrua falsely claimed at a December, 2009, State Election Board meeting that Jeff Rayno "submitted petitions that contained forged signatures" in disregard of her obligations under O.C.G.A. Section 16-10-20 and the Sixth Amendment of Constitution of the United States; and

WHEREAS, Shawn LaGrua recommended at such December, 2009, State Election Board meeting that Jeff Rayno be referred for a felony investigation involving forged petition signatures but was unable to produce a signature that Mr. Rayno allegedly forged in accordance with her obligations under O.C.G.A. Section 16-10-20 and the Sixth Amendment of Constitution of the United States; and

WHEREAS, the foregoing articles demonstrate a misfeasance of duties that are contrary to Georgia law including, but not limited to, O.C.G.A. Section 16-10-1, O.C.G.A. Section 16-10-20, and other statutes and demonstrate that Shawn LaGrua is thereby unqualified to hold any public office; and

WHEREAS, the foregoing articles demonstrate a systemic malfeasance of governmental offices in the wrongful and injurious exercise of lawful authority that violate the public trust and demonstrate that Shawn LaGrua is thereby unqualified to hold any public office; and

WHEREAS, Article III, Section VII, Paragraph I of the Constitution provides that the House of Representatives shall have the sole power to vote impeachment charges against any executive or judicial officer of this state.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body upon adoption of this resolution and articles of impeachment does hereby bring charges of impeachment against Shawn LaGrua.
BE IT FURTHER RESOLVED that the Speaker of the House of Representatives is authorized and directed to appoint Managers of the charges of impeachment from the membership of the House of Representatives.

BE IT FURTHER RESOLVED that the Managers appointed by the Speaker of the House of Representatives are authorized and directed to transmit this resolution and the articles of impeachment to the Senate.