Harmon drops appeal of Temple mayoral race
by Spencer Crawford/Villa Rican
7 months ago | 1363 views | 120 120 comments | 14 14 recommendations | email to a friend | print
Lester Harmon has withdrawn his appeal to the Georgia Supreme Court concerning a lower court ruling that dismissed his challenge of the 2009 Temple mayoral election on a technicality.

Harmon said Tuesday the case was withdrawn because deadlines had been missed to file legal briefs due to various issues, including the death of the mother of his son-in-law and attorney, Jason Bice, the week of the latest deadline. Harmon said there have been multiple instances throughout the legal process in which the legal representatives of his opponents in the suit — Temple Mayor Rick Ford, Elections Supervisor Patti Brown-Traylor and the Carroll County Board of Elections — have not acted in “good faith” by using delay tactics and other strategies to keep his legal representatives from filing the proper paperwork on time.

“They didn’t have anything to do with Jason’s momma dying, but we would have made the deadline before that happened if they wouldn’t have delayed us,” Harmon said.

Harmon challenged the November 2009 elections in which he lost to Ford by three votes, claiming that he had proof of at least six individuals who had cast ballots illegally by not being registered voters living within the city limits. He also charged that the Board of Elections and Registration had been made aware of some of those voters prior to the election by the voters themselves. He now says he has found as many as 18 illegal voters.

Harmon’s challenge was dismissed in December without being heard by Superior Court Judge Richard Sutton after Ford’s attorney, David Mecklin, successfully argued that a special summons as required by an earlier appellate court decision relating to election challenges had never been served on the defendants.

Though his appeal to the Supreme Court has been withdrawn, Harmon said he is pursuing other avenues. However, other than to say these avenues were through the judicial system, Harmon would not shed any further light on his intentions.

“We’re certainly not giving up,” he said. “I can’t expand on that because they may try to block that as well.”

Harmon further claimed this week that the Secretary of State’s Office is investigating some of the allegations he’s made about irregularities in the election. Brown-Traylor confirmed Tuesday that an SOS investigator had contacted her about getting a court order to reopen the election documents Judge Sutton had ordered sealed after the December hearing.

“We have nothing to hide,” Brown-Traylor said. “We have gone strictly by the law and that’s all we can do.”

Ford said he has moved forward with the business of the city since Judge Sutton’s ruling, which includes paying the city’s portion of the legal fees associated with the election challenges. Though Ford has paid his own attorney’s fees, the city has an intergovernmental agreement with the Board of Elections to pay for their office to conduct municipal elections and all legal expenses incurred in doing so.

Ford said the total bill to the city has already eclipsed $10,000, not including the cost for briefs that have already been completed relating to the appeal to the Supreme Court. The estimated cost for the Supreme Court portion of the bill if it would have come to fruition was an additional $18,500.

“I’m glad it’s over, but I hate it has gotten to this point because the loser in the long run has been the taxpayers of the city of Temple for having to foot this bill,” Ford said. “I would question why we had to get this far in the process only to drop it all of a sudden.”
comments (120)
« anonymous wrote on Tuesday, Feb 02 at 07:21 PM »
During the election Rick Ford said on his home page the following things

That he believed we made a lot of progress in many areas but he was really proud of our economic development plan which has seen Temple experience smart growth and keep our small town character. He told us that this successful plan had allowed the city to keep the tax burden off the homeowners and expand city services.

When his opponant for Mayor questioned the real balance at city hall and if there was enough money to fund even nessasary purchases, Mayor Ford fired back that Harmon was incorrect.

The Mayor said---The city is actually operating with a similar cash reserve as it had when Harmon left office. At the end of 2008, the city had $3.1 million in its cash line item. The year before, the city had $3.5 million in its cash reserve, and in 2006, the cash reserve topped $3.2 million.

Again on his home page during the election the Mayor tells us the following-

The mayor said that we needed to attract business ventures to keep the tax burden off the home owner. and that he was proud to say that had been accomplished. He claimed this was done by our economic development plan.

Is this the same economic plan that in the few weeks since the election has taken a hit so hard the sewer bond cant be paid?? And now that the election is over we have business owners expressing outrage during a meeting of the mayor and council and threatening to close shop and LEAVE over water and sewer increases, how is that attracting new business to keep the burden off us residents? How can we really attract new business if we run off the few that are here? What happened to all this pre-election talk??? Now we all got to pay for it, by increases to the few services offered here.

It might be funny if times were not so hard, but as soon as we get those people sworn in office it all hits the fan--no money for sewer bond payment..its gonna cost the taxpayers and businesses out the wha-hoo in order to pay it..we read in the paper that According to city officials, the new rates are meant to fund the $600,000 annual bond payment on the $8 million borrowed to build the city’s sewer plant.

We're mandated by state law to have a balanced budget, so because of the downturn we're really having to sharpen our pencils,” Mayor Rick Ford told the Times Georgian.

WHAT..no mention of those unsharpened pencils during the campaign?

I also wonder if the opponent (Harmon) really had the facts wrong when he said the city couldn't fund these necessary things?? sounds about right now that water is going up, sewer is going up and trash service is going up.. but Mayor Ford said Harmon was wrong..SO PLEASE tell me if there is 3 million dollars somewhere like ford said a few months ago, THEN why not use it to make this bond payment??

But the Mayor told us on his home page used during the election that----

he would make mistakes, but they would be honest mistakes. Like the old saying goes “Hindsight is always 20-20”. He also said on there--- that he had told city employees many times Do not be afraid of making mistakes, we are all human and make them. If you are not making mistakes you are not doing anything and that they should Learn from them and move forward.

Does this mean taxpayers should skip paying for all that training and schooling for employees like that police officer that just went to school to learn how to find hidden drugs in 18 wheelers, all this is costing the tax payers money, but if we just let them keep messing up and making honest mistakes..which seems to be a common occurrence, they are learning??? how much more learning can the tax payers suffer through??

I bet finding that 3 million dollars will be like finding where is waldo, or will it be another mistake the tax payers pay for and the city officals claim to learn from??



« rollineyeball wrote on Tuesday, Feb 02 at 01:59 PM »
Oh quit it...you got it wrong, when this rant started it was about my appreciation for the ex-mayor dropping his silly election appeal. And I didn't have to slander, libel, cuss, degrade, or say ugly things.

(but I am glad you are paying attention)
« anonymous wrote on Tuesday, Feb 02 at 12:45 PM »
Rollingeyeball, your first comment on this page makes your last one below seem contradicting. Mrs. Walden is not married to an elected figure, does not serve on a city board, yet you had no issue with starting the VERY first comment on this forum, no one else had posted until you..and you in no way stuck to commenting on the facts or topic of the artical, you went straight for the attack on a private citizen even going as far as to fabricate she pulled racist crap (your words here) Listen to your own words, eat them, abosorb them, think on them, but for the love of GOD that you also love to quote on here so often, put your own words to practice. If ignorance of the law excuses no man, then the knowledge of the law you posted below should have kept you from posting what you did when you started this computer rant five days ago targeted at a private resident. Here is your first comment below, now put it with the last one you wrote and take your own advice

"Let me be first to say good choice Harmon, dropping that silly appeal....you would have gotten fried later because you ar the one

who conspired to obtain votes..not Mayor Ford.

Tell the truth, after Lilybelle Walden pulled that racist crap, you tried to win back the

black vote...are glad to hear you got Sec of States office involved....saved us the trouble, they not going to be real happy with you...because you did your best to throw an election....now the fat ladies going to sing....be a man, accept defeat, and go home...we

are sick of you, and your bunch..... "
« rollineyeball wrote on Monday, Feb 01 at 11:14 PM »
-John Selden...Ignorance of the law excuses no man; not that all men know the law, but because 'tis an excuse every man will plead.

The Constitution of the United States of America

(and that does include Temple) gives us certain protections against wrongs. These are so designed to create protection for all citizens. Our constitution does not say that because a citizen sits in an elected position, or was employed by a city government that they then sacrifice their constitutional rights and those of their family members. It makes no provision that says they must accept being slandered, libeled during their term or time of employment.

Nowhere does the constitution say that one must accept having their reputation interferred with, their peace of mind interferred with, and sacrifice all rights to privacy. One only need to reread the blogs here since last September to know that there has been malicious missuse of the legal process, and that slander and libel run rampant. Not a single blog related to any supporter of Mr. Ford's has slandered anyone. Mrs. Ford has been personally slandered, been called awful names, family members too have had to endure much of the same. Including children. Bloggers have gone on here multiple times throughout the last 5 months calling people who support the Ford administration methheads, drunks, thieves and other things that are too vile to repeat here. Many of these people are not public officials. To meet the legal standard of slander and libel the slander and libel must be published, that is communicated to others. When it is said that the Mayor stole money, when in fact he has not, constitutes defamation. When citizens are constantly watched over a period of time, followed, photographed, by other citizens constiitues stalking. Mayor Ford, Mrs. Ford, family, city employees, as well as some private citizens have all had their constitutional rights violated. Their freedoms impeded. It is fine to disagree, acceptable to joke, and even to suggest dishonesty in a public person. It is when it is said as fact that becomes the determing factor.

Every attach on these people on this blog has been untrue and does constitute libel and slander. FOR AS EVERYONE KNOWS...TRUTH IS THE PERFECT DEFENSE...AND ITS ON OUR SIDE NOW, WHERE IT WILL REMAIN.

I have read blogs by Templehaha, Tornadoalley, etc...one of which was threatening..warning people not come around get in his business..but on the other hand he thinks it okay to slander/libel/threaten others. Sounds like he wants his cake and eat it too. Well all that cake ain;t good for you...alot calories..and make your hair go RED. Some interesting reading by that blogger NANX...sounds like a disgruntled attorney who is trying to cloud the issues. But since he evidently has an inside track...see if he could get a payment plan in place for the city to re-coup that 12,000.00 due from Charmins daughter during her city employment. And that is fact. They'll plead.

You guys need go opera sometime, hear the fat lady sing....its beautiful.

« sicofitall wrote on Monday, Feb 01 at 09:53 PM »
Mr. Carwash don't get your panties in wad. I just asked a question. Dude, seriously, can you hook me up my car needs to be detailed. It could be an early Valentine's Day present. I know you are just waiting to ask me to be your Valentine.
« templehaha wrote on Monday, Feb 01 at 09:39 PM »
The best thing is that I don't have to worry about citizens like you! Plus, I know that my salary does not have to be suplemented with kick backs and hush money like other "suspected" city employees. Or concession money. Plus, the City's benefits sucked and they did not have 401k! Plus, my boss is not a suspected criminal!
« sicofitall wrote on Monday, Feb 01 at 09:33 PM »
You guys are boring me now. I think I will go catch some LLLLL's oops, I mean ZZZZZZ's!
« sicofitall wrote on Monday, Feb 01 at 09:29 PM »
Mr. Carwash have you ever seen the movie Cybil? You should really check it out. It would be a revelation to you!
« sicofitall wrote on Monday, Feb 01 at 09:25 PM »
Hey, Mr. Carwash between you and me how is working out for you at the carwash? Good health insurance, dental, vacation time, 401K? Bet you miss the old job where you had all that!
« templehaha wrote on Monday, Feb 01 at 09:25 PM »
Rollineyeball, blah, blah, blah, blah! The burden of proof lies on you not me. Just because you don't like someone's opinion of you or someone that you know does not mean that it is slander or libel. Good thing you use a dictionary for more than just proping up your couch. While you are at it, quote case law or some other source. It makes no difference to me or any of the other people that you are trying to scare. As for anything else that you have to say. I am rubber you are glue, anything that you say bounces off of me and sticks to you! Quite while you are ahead.

Sicofitall, your right, why should I care? Your people brought this fight to my door long ago. If they didn't want to be messed with by me then why did they mess with me? I didn't play the game with them, and they did not like that. But personally, I could care less about the City Of Temple. But I do have friends their and I believe in their cause and their pursuit of the truth. I don't let things like shallow threats and attempts at intimidation scare me.
« ppl2ppl wrote on Monday, Feb 01 at 09:24 PM »
Knock Knock is anyone there? Penmanship: The art, skill, style, or manner of HANDWRITING; calligraphy. Does not refer to typing. Let me quote you "Think, think, think. If we use our minds and take a step at at time we can to anything that we want to do!" At at?...Does not make sence, should have been we can Do anything not To anything. You better rewind Blues Clues on your VHS and try again. Wow four posts in twenty five minutes. As rollineyeball says ".....a true sign of insanity" Only if your mom used spell check when she spelled your name. Good night, love thy neighbor.
« sicofitall wrote on Monday, Feb 01 at 09:13 PM »
I knew you would get it together eventually, Mr. Carwash. If you do not live in Temple, Why do you care? My money is good at any car wash I chose to spend it at. Do you really think you scare me? As if!! I see News Storm Brewing/Blackhorse6 has a new name and likes to talk to herself and give positive personal affirmations as well. What is it with you people, don't you have anyone in your life other than yourself to tell you how great you are?
« nanex wrote on Monday, Feb 01 at 09:03 PM »
in order to protect the free flow of ideas in the political arena our courts have ruled that The First Amendment protects open and robust debate on public issues even when such debate includes "vehement, caustic, unpleasantly sharp attacks on government and public officials." A public official has to prove malice in order to hold someone to a slander or liable case. The word Malice is what many don't get..it does NOT mean in this context that they must say or write the words or express the opinion in a way that requires any ill will on the part of the person who is being unpleasant, vehement, caustic or unpleasantly sharp with their comments regarding pubic officials, IT HAS NOTHING TO DO WITH anger or malice in that extent at all. The word malice here means the public figure has to prove the person was aware that the statement is false or very likely false. Also a public figure is not just an elected official, Courts have found that a non elected official "among the hierarchy of government employees who have, or appear to have, substantial responsibility for, or control over, the conduct of public affairs" was a public official as well. As for the wife of the mayor in Temple, I thought at one time, and she may currently be a member of Down Town Development Board. The State of Georgia under Georgia Code has rules which govern these boards and the conduct of the board members of such boards. Many DDA's are very high profile positions, handling millions of dollars a year generated through hotel tax and other revenue. Hence the reason for the state having laws which govern them. This may very well be considered a public position. As for the comment regarding holding bloggers accountable for their words, there are laws in place that do so. But never to staunch the free flow of free speech and not to stop angry or robust even vehement comments which the blogger has the belief are true statements regardless of how disliked they might be by the public official in the spot light.

In honesty, Ford would not take up on line on a TG post if not for his position and decision making powers as the Mayor of the city of Temple. The comments made regarding a city employee and DDA funds were made by someone who appeared to be unpleasantly sharp" while expressing their views on what they believed to be true regarding the funds taken in and the one who collected the funds ( A city administrator who does appear to have substantial responsibly and control over the conduct of public affairs..another "public figure") The same statement regarding the grandson of the Mayor participating in sporting events outside the city seemed to me to be a point in which the commentators were complaining about the shape of the recreation department of which the Mayor in Temple is ultimately over and in charge of. I personally did not view any of this as stalking as stated by one person, but an expression of frustration that even the elected officials in charge have family going elsewhere, further proving the point of truth and their belief that the city recreation department was lacking. Even something unflattering or hurtful can be said about a person who holds a public position, but as long as reckless disregard was not used (serious doubts to the truth) then the law would not seem to have been broken. The burden to prove malice, or SERIOUS doubts to the truth falls on the public official. So instead of hampering with freedom of speech by those in power today, why not use that position to fix the items at hand and make yourself and those who elected you feel good about the job you were put there to do.

« rollineyeball wrote on Monday, Feb 01 at 09:03 PM »
Hey templehaha....just wanted to help you out a

bit...Websters Dictionary defines libel 'a written statement in published form that damages a persons character or reputation....slander libel, calummy, backbiting aspersion, scandal, vilification'

Now you have the meaning..and did you also know that there is such a thing as crimminal slander and libel....that is when an individual with willful intent disperses information to the public, knowing it to be false.

hehehehehehehehehhehehehehehehehehehehehehehehehe
« templehaha wrote on Monday, Feb 01 at 08:57 PM »
Nah, I just don't sit at the computer all night. Go shave your stash and come get me. Your Husband/Daddy didn't get me, neither can you. Remember, I am a private citizen that works for a private company and I do not live in the City. One hint of you or your buds snooping around my life, and it gets real from there. Take that as either a warning or a threat.
« sicofitall wrote on Monday, Feb 01 at 08:45 PM »
What happened Mr. Carwash? Cat got your fingers? I guess you are just much slower at coming up with witty retort. Let me put it on your level, Blues Clues tells us to get in our thinking chair and just, "Think, think, think. If we use our minds and take a step at at time we can to anything that we want to do!"
« sicofitall wrote on Monday, Feb 01 at 08:35 PM »
Templehaha why are you talking to yourself? How could something be well spoken when you wrote it? You should have told yourself well written. I think it is great that you give yourself positive personal affirmations. Do you look at yourself in the mirror when doing these affirmations? I am good enough and smart enough and gosh darn it people like me!
« rollineyeball wrote on Monday, Feb 01 at 08:27 PM »
Templehaha.....a true sign of insanity...is talking to yourself...you are a chicken....oh

did I mention....I already have your IP address..

fat lady got it for us.....so call ACLU first thing in morning please....save us trouble...oops

too late we already have..

PS. Don't drink and drive....Temple police now have real officiers and they don't put up with

drunk drivers and the citizens ain't putting up with drunk bloggers either....

AC/DC has a song you might like...Highway to Hell..why don't you take it right out of town..but sober up first...
« sicofitall wrote on Monday, Feb 01 at 08:25 PM »
Mr. Carwash I hear they offer free creative writing classes in Carrollton. You might want to look into those. Your sentence structure and paragraph flow are really lacking. It saddens me to see an "adult" with such poor penmanship!
« sicofitall wrote on Monday, Feb 01 at 08:20 PM »
Did I touch a nerve Mr, Carwash? That should be your screen name instead Templehaha, Tornadoalley and this last ppl2ppl. Sounds as though you have no grasp of cyberstalking, libel or slander laws. I bet you do not even know what the ACLU stands for. I am not penniless and make much more than car wash employee. By the way I am a dog person not cat person. I am not in politics and would never want to be. Please use spell check from this time forward. I want you angry, senseless rants to at least be spelled correctly.