Blue Ridge, Ga. – Council Member Nathan Fitts is going on record with alleged City Charter violations and State Law infractions committed by the Mayor and certain Council Members.

At the March 9th City Council meeting Fitts made the public aware that Mayor Donna Whitener and Council Members Mike Panter and Robbie Cornelius had been served with an Ante Litem notice on his behalf.

This legal notice comes after Panter presented a censure against Fitts, which ultimately passed. Panter, Cornelius and Whitener voted in favor of the censure while Council Members Rhonda Haight and Herald Herndon voted against.

During the March meeting Fitts briefly explained the Ante Litem notice and stated that the censure was an attempt to silence him from exposing the wrongdoing of the Mayor and Council.

Fitts went on record with some alleged violations during this meeting and FYN has obtained a copy.

***FYN is publishing the alleged violations as presented by Council Member Nathan Fitts. These accusations have not been verified.***

Alleged Violations of Mayor and Council as presented by Council Member Nathan Fitts

Mayor Donna Whitener: 

2011 – 2019 Georgia State Law and City Charter Violations – These are just a few that’s been put together that have happened during the 12 years the Mayor has been in office.  There are more to come as time allows as there is an extensive history of violations of both state and local laws. 

• After being elected to office in November 2010, she immediately implements insurance compensation for herself and the council members, without council approval. This was a violation of the City Charter; a year later she voted on her own re-zoning request that made her resident legal for her to hold office. Until she cast the tie breaking vote, Donna Whitener didn’t have a legal residence to even hold the office of Mayor. She illegally ran for office and after winning illegally held the position, due to the fact her residence wasn’t zoned to allow her to live above her furniture store. Mayor Whitener’s tie breaking vote she cast was a conflict of interest and was an unethical action, which could have been called null and void according to law. Her unethical action was cited by an investigation propertied by the council in her second term, due to her continued illegal actions.
• Mayor Donna Whitener spends and gives away Hotel Motel Taxes illegally during her first 4-year term as Mayor. A portion of Hotel Motel tax is restricted by law and can only be given to C-6 Non-Profit Organizations; Mayor Whitener gave thousands of tax dollars away illegally to non-profit organizations, of whom some were friends or acquaintances of hers. Misuse of tax dollars is a violation of state and local laws and warrants not only removal of office but possibly more drastic consequences.
• Mayor Donna Whitener violates the city charter and her oath of office and neglects her duties as the mayor. As mayor, she is to preside of the meetings meaning: to exercise guidance, direction, or control, to occupy the place of authority: act as president, chairman, or moderator. She is to make sure the meetings are run correctly according to the meeting policy set forth by the council and the governing laws of the state and it is her duty to make sure all state and local laws are adhered to.  She is not authorized or allowed to make up her own laws or ignore the city charter.  Not one time in her 12 years as mayor has the mayor conducted the meeting in accordance with the councils meeting policy.  The mayor is responsible for following all policies and to make sure the meetings are conducted professionally. Mayor Whiteners neglect conduct meetings by policy and her neglect to follow state laws and the city charter since her first days in office has caused years of unproductivity, chaos, arguing, division, taxpayers money wasted and shame and embarrassment to the city and county.

2020 Georgia State Law and City Charter Violations

• February 5, 2020:  Violation of Charter and Sunshine Law:  On February 5, 2020, a Special Meeting was called to vote on Annexation.  Nathan Fitts and Rhonda Haight attended in person.  They were the only two council members present.   Both questioned the validity of the meeting since the third member joined by phone. Mayor Whitener assured them both that this was a legal meeting, but this was false information.  According to the Sunshine Law and the City Charter there was no quorum present; therefore, the items voted on were in violation of state and local law. Mayor Whitener not only lied to the council about details of the annexation, but she also lied about the legal process, all in an effort to press the annexation through for her own personal political agenda. After Nathan Fitts and Rhonda Haight found out Mayor Whitener had lied to them, they also discovered the mayor had made promises to developers and others to push the annexation through.
• February 11, 2020:  Violation of Charter:  Mayor Whitener proposed a retaining wall replace the deck on East Main Street; however, she didn’t have quotes for the council to approve, so the city council voted to table proceeding with project until quotes were provided. The mayor abused her authority, blatantly defying the council’s vote, stating that she was going to tear the deck down anyway.  With no idea of what the project would cost or if the city could afford the project, the mayor had workers tear the deck down before quotes for the project had been received and ignored orders of the council not to move forward with the project until quotes came in. Mayor Whitener destroyed City Property without authorization and council approval. (See attached Meeting Minutes) (This is on audiotape). The mayor’s actions constitute abuse of power and violates her duty of office.
• May 2020:  Violated Civil Rights of Councilman Nathan Fitts: Mayor Whitener tried to force an investigation through fabrication of lies submitted to Home Depot, even after being told by Home Depot there was no issue.  Mayor Whitener abused her power by directly trying to force actions by attempting to have the Blue Ridge City Police engage in actions that was not warranted by law. It took the Chief of Police to stop her attempts by telling her he would not allow her to use his department to pursue her attacks on a council member and that it would be liability to the city if she continued trying to pursue a case without cause.
• October 20, 2020: Violation of City Charter:  Mayor Whitener violated the City Charter by allowing items to be added to the agenda after the meeting was called.  The Charter and state law states NO ADDITIONAL ITEMS can be added to a Special Called Meeting Agenda.  Mayor Whitener allowed Council Member Mike Panter to speak for 10 minutes on a topic that was not on the Agenda, even after being warned that it was illegal.  In fact, she admitted she forgot to add it and permitted Panter to speak anyway.  (See Meeting Minutes) Both Whitener and Panter violated the Charter and state law.  At the time of the violation, they were both notified and told they were in violation and they both ignored the council member siting them and illegally proceeded the meeting as they had planned.
• October 20, 2020:  Georgia Open Meetings Act Violation: Mayor Whitener violates state law and her oath of office by allowing Council Member Mike Panter to violate the state meetings law and the city charter in a special called meeting she presided over. The mayor has an obligation to uphold the city charter and state laws and she willingly ignored her duty, by allowing Panter’s misconduct and local and state law violations.
• December 2020: Violation of City Charter: Mayor Whitener violated the city charter by not disclosing the sale of her parking lot and using inside information for personal financial gain.  Elected official prohibitions are mandated by the charter under Section 2.16. (a)(1), (a)(3), (a)(5), (a)(6), (b), (c). that any elected official that engages in personal business transactions with city employees or anyone in a contract with the city, disclose their intentions to the city council and the public at a public meeting with the item clearly stated on the agenda and the disclosure must be recorded and kept on file with the city clerk. Mayor Whitener failed to disclose the sale of her personal property to a company in contract with the city, to the council in an open meeting as prescribed in Section 2:16 of the city charter.  Mayor Whitener violated the city charter by participating in a matter related to a contract or negotiation that she benefited from financially as specifically prohibited under Section 2.16.a.6.
• January 9, 2021:  Violation of City and State Zoning Meeting Policy:  Mayor Whitener violated the city charter and local and state zoning meeting laws by allowing Council Member Mike Panter to violate the zoning laws himself. The zoning meeting law mandates the council vote on a rezoning request immediately after the hearing and Council Member Mike Panter made a motion to table the vote till the next meeting.  Mayor Whitener failed to inform Council Member Mike Panter that his motion violated the law; the mayor and the other council members that voted in favor of Panters motion should have known the law regarding zoning hearings. They either did not know the law or they ignored it.  The mayor also allowed the vote to be delayed again in the February meeting, with Council Member Mike Panter leading the charge to put the vote off again and Council Members Cornelius and Herndon voting with him. The mayor should know the laws and her duties and should have corrected the illegal actions and behavior, however, due to possible political alignment and close friendship she allowed Council Member Mike Panter to violate the law.
• February 2021: Violated Councilman Nathan Fitts Fourth Amendment Right under the United States Constitution by allowing on a vote of censuring without cause or evidence.  Under the laws of the United State Constitution due process is required and even after being put on notice by Councilman Fitts, Councilman Fitts personal attorney and the City Attorney, the mayor allowed such action and furthermore, she cast a tie breaking vote for said “censuring” which his illegal and not allowed under the City of Blue Ridge’s charter.  Additionally, they manipulated the agenda for the February meeting in efforts to try to publicly humiliate and embarrass councilman Fitts.  Their direct premeditated actions prove they have set out to try to harm him, discredit him and using tactics that are defamation of character and illegal under the law.  Lastly, they not only have harassed Councilman Nathan Fitts by making up a stream of lies and events over the last year on him, none of which have turned up to have any validity, proof, or substance.
• February 2021:  Violated Councilman Nathan Fitts First Amendment Right under the United States Constitution by allowing on a vote of censuring without cause or evidence with the same conditions as outlined above.
• February 2021:  Violated Councilman Nathan Fitts right to vote as an elected official and councilman stating he couldn’t vote on the “illegal” censure vote and did not allow him to vote.  The mayor was the tie breaking vote, but she had not only a conflict of interest with her obvious vindictive behavior towards him over the last year or so but also, she voted on her own zoning which is clearly a conflict of interest but uses her abuse of power to manipulate the outcome to her needs.

Councilman Mike Panter: 

             Georgia State Law and City Charter Violations

• October 20, 2020: Mike Panter violated the City Charter by not following the agenda and talking and acting out of turn from the filed agenda.  He ranted for over 10 minutes on a subject matter that still isn’t even understood the purpose.  The Charter states NO ADDITIONAL ITEMS can be added to a Special Called Meeting Agenda.  He was notified and told he was in violation and he ignored such and continued his rants instead of following the process required by law.   
• October 20, 2020:  Mike Panter violated state law and his oath of office by his misconduct and misbehavior.  As the charter plainly states the oath of office is taken to uphold local and state laws.
• Violated the Opens meeting Act by not following the agenda set forth.
• Violated the rezoning meeting policy and state zoning laws making a motion to table the vote after the hearing. He again the second time violated it again when the vote wasn’t taken at the next meeting after being table the prior month. The mayor should know the laws and should have corrected this illegal behavior, however, due to political and special treatment she allowed Mike Panter to violate the policy.   old him he couldn’t do that, but she didn’t so she is actually in violation of the meeting and zoning laws as well.
• Violated council orders and a council vote by giving approval for paying 4 V Ranch without approval from the council.  Even after he was notified, he was in violation, he still continued forward and paid it without approval.  Being within his budget did not make it alright, regardless of if you are over the department or not, council decision and votes are not at the liberty of one council member to make the decision as set forth by the city charter.
• February 2021 – Violated Councilman Nathan Fitts Fourth Amendment Right under the United States Constitution by allowing on a vote of censuring without cause or evidence.  Under the laws of the United State Constitution due process is required and even after being put on notice by Councilman Fitts, Councilman Fitts personal attorney and the City Attorney, the mayor allowed such action and furthermore, she cast a tie breaking vote for said “censuring” which his illegal and not allowed under the City of Blue Ridge’s charter.  Additionally, they manipulated the agenda for the February meeting in efforts to try to publicly humiliate and embarrass councilman Fitts.  Their direct premeditated actions prove they have set out to try to harm him, discredit him and using tactics that are defamation of character and illegal under the law.  Lastly, they not only have harassed Councilman Nathan Fitts by making up a stream of lies and events over the last year on him, none of which have turned up to have any validity, proof, or substance.
• February 2021 – Violated Councilman Nathan Fitts First Amendment Right under the United States Constitution by allowing on a vote of censuring without cause or evidence with the same conditions as outlined above.  February 2021 – Violated Councilman Nathan Fitts right to vote as an elected official and councilman stating he couldn’t vote on the “illegal” censure vote and did not allow him to vote.  The mayor was the tie breaking vote, but she had not only a conflict of interest with her obvious vindictive behavior towards him over the last year or so but also, she voted on her own zoning which is clearly a conflict of interest but uses her abuse of power to manipulate the outcome to her needs.
• Failed his obligation of the city charter under Section 2.17. Removal of officers – Under (a) it states that the mayor or councilmember, or other appointed officers provided for in the charter, SHALL BE removed from office if one or more of the following causes which those are listed in items 1-6.  This section doesn’t give the councilmembers options as to if they “want” to remove another elected official from office it says they “shall” and mandates for it to be done to uphold the charter.  Has allowed the mayor to intentionally violate state and federal laws without any type of reprimand, recourse or public call to action directly violating his obligation to the people of this city and the oath of office he took.

Councilwoman Robbie Cornelius:

            Georgia State Law and City Charter Violations

• February 2021 – Violated Councilman Nathan Fitts Fourth Amendment Right under the United States Constitution by allowing on a vote of censuring without cause or evidence.  Under the laws of the United State Constitution due process is required and even after being put on notice by Councilman Fitts, Councilman Fitts personal attorney and the City Attorney, the mayor allowed such action and furthermore, she cast a tie breaking vote for said “censuring” which his illegal and not allowed under the City of Blue Ridge’s charter.  Additionally, they manipulated the agenda for the February meeting in efforts to try to publicly humiliate and embarrass councilman Fitts.  Their direct premeditated actions prove they have set out to try to harm him, discredit him and using tactics that are defamation of character and illegal under the law.  Lastly, they not only have harassed Councilman Nathan Fitts by making up a stream of lies and events over the last year on him, none of which have turned up to have any validity, proof, or substance.
• February 2021 – Violated Councilman Nathan Fitts First Amendment Right under the United States Constitution by allowing on a vote of censuring without cause or evidence with the same conditions as outlined above.
• February 2021 – Violated Councilman Nathan Fitts right to vote as an elected official and councilman stating he couldn’t vote on the “illegal” censure vote and did not allow him to vote.  The mayor was the tie breaking vote, but she had not only a conflict of interest with her obvious vindictive behavior towards him over the last year or so but also, she voted on her own zoning which is clearly a conflict of interest but uses her abuse of power to manipulate the outcome to her needs.
• Failed her obligation of the city charter under Section 2.17. Removal of officers – Under (a) it states that the mayor or councilmember, or other appointed officers provided for in the charter, SHALL BE removed from office if one or more of the following causes which those are listed in items 1-6.  This section doesn’t give the councilmembers options as to if they “want” to remove another elected official from office it says they “shall” and mandates for it to be done to uphold the charter.  Has allowed her personal friendship and obligations to the mayor to take precedence over her judicial duties for the city by allowing the mayor to intentionally violate state and federal laws without any type of reprimand, recourse or public call to action directly violating his obligation to the people of this city and the oath of office he took.