Monthly Archives: January 2017

The city of Atlanta has rejected a records request from Atlanta Loop for contracts awarded to companies owned by a man who has been charged with bribing city officials.

Atlanta Loop is challenging this decision and has filed a formal complaint with the state Attorney General’s Office, which runs the state’s Open Government Mediation Program.

On Jan. 18, the U.S. Attorney’s Office revealed that a construction contractor had been charged with paying $1 million in bribes to unnamed city of Atlanta officials. According to a press release published by the U.S. Attorney’s Office for the Northern District of Georgia, Elvin R. Mitchell Jr., was arraigned on conspiratorial bribery and money laundering charges. The U.S. Attorney’s Office said that Mitchell, 63, is the owner of E.R. Mitchell Company, Cascade Building System, LLC, E.R. Mitchell Group, Inc. and EC & WT Construction Company Inc.

A Google search revealed some information about Mitchell’s past work for the city. His company has been involved in high profile projects, including the city’s new courthouse and work at the Hartsfield-Jackson Atlanta International Airport. The company received a $480 million contract for construction management at the airport as part of a joint venture with two other companies, according to Airport-technology.com, which covers news about the airport industry.

Atlanta Loop requested to inspect all of the contracts awarded to Mitchell’s companies by the city of Atlanta. Any contract paid for with taxpayer money and approved by elected officials would usually be a public record. Initially, the city planned to comply with the records request.

In an email sent at 12:18 p.m., Jan. 24, a city spokesperson said the records would be available by Feb. 6.

“A search is currently underway for records responsive to your request,” the spokesperson wrote. “Due to the span of time involved and the various ways in which these entities could be related to City of Atlanta contracts and/or bids, we estimate that responsive records will be made available to you on or before Monday, Feb. 6, 2017.”

Several hours later, Assistant City Attorney Kristen Denius said the records would not be provided. She cited two specific provisions in the Open Records Act as the basis for her decision. The exemptions are:

(3) Except as otherwise provided by law, records compiled for law enforcement or prosecution purposes to the extent that production of such records is reasonably likely to disclose the identity of a confidential source, disclose confidential investigative or prosecution material which would endanger the life or physical safety of any person or persons, or disclose the existence of a confidential surveillance or investigation;

(4) Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports and initial incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving such investigation and prosecution has become final or otherwise terminated; and provided, further, that this paragraph shall not apply to records in the possession of an agency that is the subject of the pending investigation or prosecution;

Here is Denius’ full letter to Atlanta Loop regarding the city’s decision to withhold the contracts:

As you are aware, the Department of Justice is currently conducting an investigation into alleged attempts to bribe individuals to obtain City of Atlanta contract opportunities.  The integrity of the City’s procurement processes is of utmost concern and complete cooperation with this investigation is the topmost priority of the City of Atlanta.

Since the announcement of the Department of Justice investigation, the City has received a number of requests for public records related to E.R. Mitchell and associated entities.  At this time, the City has determined that all records related to the ongoing investigation are currently exempt from production under the Georgia Open Records Act pursuant to O.C.G.A. §50-18-72(a)(3) and (4) and the Georgia Court of Appeals decision in Media General Operations, Inc. v. St. Lawrence, et al. (337 Ga.App. 428 (2016)).

Accordingly, no records will be released until the Department of Justice investigation and/or prosecution of this matter is concluded.

Please feel free to contact me directly if I may provide any additional assistance in this matter.

Best Regards,

Kristen Denius | Senior Assistant City Attorney

Atlanta Police have identified two suspects wanted in connection with a harrowing Jan. 16 robbery on the Atlanta Beltline.

The suspects are believed to be involved other robberies in the East Atlanta Area.

The Police Department has released these sketches of the suspects in the crime.

“Atlanta Police Department Investigators and Crime Stoppers Greater Atlanta are asking the public for help with identifying two suspects involved in a series of robberies.,” the announcement from the Police Department says. “A reward of up to $2,000 is being offered for information leading to the arrest and indictment of the person or persons responsible. The two men pictured in the composite sketches below are believed to be responsible for a number of robberies in the East Atlanta area.

“Any information on the case can be submitted anonymously to the Crime Stoppers Atlanta tip line at 404-577-TIPS (8477), online www.crimestoppersatlanta.org or by texting CSA and the tip to CRIMES (274637). Persons do not have to give their name or any identifying information to be eligible for the reward of up to $2,000.”

Police also provided this video of the suspects:

According to a police report, the robbery happened between the Ladybird restaurant and the Mariposa lofts.

The victims told police they left the restaurant after last call and saw two people walking ahead of them. The people turned around and started walking towards them, getting within 25 meters, the report says. Both pulled out guns and demanded the victims’ purses.

“The victims described the [suspects as] two [black] males as being between 16 to 20 years of age, wearing tight dark pants, and black hooded sweaters,” the report says.

One victim ran in the opposite direction screaming and yelling along the Beltline, leaving the other three victims behind. A suspect ran after her as she ran – screaming for help – to another couple walking on the Beltline. She saw one of the other women being hit and dragged off the trail screaming as one suspect tried to take her purse. The woman who ran away crouched down on the ground against a fence, clutching her purse and yelling. One of the suspects approached her and began pulling on her purse strap while holding the gun in the other hand, demanding the purse.

The victim who fled held onto her purse and was not injured. The suspect retreated.

The woman who was knocked down told police she was knocked down because her left hand was in her jacket pocket. She screamed at the suspect to let her get her hand out of her pocket while the suspect pointed his gun at her. The suspect took her purse. She had scrapes on her left knee but declined medical attention. The other two victims had their purses stolen by the suspects but weren’t injured.

“The victims stated hearing one gun shot as the two suspects fled the scene towards Krog City Market,” the police report says. “One phone was recovered at the scene belonging to a victim from a previous robbery.” Police also recovered a 9 millimeter shell from the scene.

A new scholarship aimed at helping victims of sex trafficking has been established to honor Nina Hickson, VP and general counsel for Atlanta BeltLine Inc.

Circle of Friends: Celebrating Life says its Impact Scholarship will help female survivors of sex trafficking and exploitation attend college. The organization can award up to 20 scholarships in an aggregate amount of up to $10,000 each year.

“The Honorable Nina R. Hickson Scholarship is awarded to those qualified individuals interested in attending a four-year college with a focus towards majoring in government/law, science, technology, engineering and mathematics (STEM), journalism, social work, or another closely related major,” the press release says.

ABI CEO Paul Morriss said Hickson has worked in the community to tackle the “significant and pervasive issue of sex trafficking and exploitation of women.”

Hickson’s past employment includes work in the Atlanta Judicial Circuit and the Fulton County Justice System. She also previously served as Atlanta’s ethics officer.

“It is an honor to work alongside her daily and to support her work directly helping survivors pursue higher education,” Morriss said. “A more educated workforce leads to a more qualified job force and the Atlanta BeltLine champions workforce development, particularly as we work towards creating jobs for Atlantans.”

The application process begins March 8 and ends on May 8.

“The scholarship funds will be disbursed directly to the educational institution that the recipient is attending. Additional, newly established scholarships include the Maria Duenas Calvo Vocational Scholarship and the Lisa C. Williams Scholarship,” the press release says. “Please emailinfo@cofcl.org for more info.”