EXPOSED: Mayor Avery and His Council Allies Illegally Spent $24,480 of Your Tax Dollars—and Tried to Hide It!
- Samantha Hudson
- May 22
- 4 min read
Greetings Fairburn Residents & Partners, It has been my great honor to serve the people of Fairburn with transparency, integrity, and a deep love for our community. I come to you not just as an elected official, but as a fellow resident, neighbor, and advocate for good government. What I’m about to share is difficult, but necessary. The truth must be told.
In the City of Fairburn, recent events have revealed an alarming abuse of power, misuse of taxpayer funds, and a clear disregard for the rule of law by Mayor Mario Avery. With direct assistance from City Administrator Tony Phillips, Mayor Avery unilaterally initiated a politically motivated third-party investigation into fellow Councilmember James Whitmore—an act that was not only unethical but, under Georgia law, illegal. Councilmembers Alex Heath, Linda J. Davis, and Hattie Portis Jones not only failed to hold him accountable but actively supported the unauthorized action.
This incident is not merely a matter of internal disagreement. It exposes how public authority was manipulated behind closed doors, tax dollars were misappropriated, and legal protections afforded to elected officials were cast aside in the name of political retaliation.
What the Law Says—and How They Violated It
Under the City of Fairburn’s governing ordinances, investigations into the conduct of any elected official or department must be approved by a majority vote of the City Council. Section 2-34 of the Fairburn Code of Ordinances provides that the Council has the authority to “make inquiries and investigations into the affairs of the city,” but this power is vested in the Council as a whole, not in any one individual, including the Mayor or the City Administrator. Furthermore, any such action must be approved through a formal vote during an official meeting with a quorum present.
According to a legal opinion issued by City Attorney Rory Starkey, “official actions of the governing body, including investigations into departmental conduct or the affairs of the city, require the affirmative vote of a majority of a quorum of Councilmembers present at an official meeting” (Legal Opinion, November 4, 2024). Therefore, Mayor Avery’s decision to initiate an investigation, carried out by Tony Phillips and funded with taxpayer money, was in direct violation of both city ordinance and established governance procedure.
Despite this legal requirement, Mayor Avery and Tony Phillips retained the law firm Hall Booth Smith, PC, to conduct an inquiry into the conduct of Councilman Whitmore, all without bringing the matter to a Council vote. The $24,480 expenditure of public funds was made without public notice or approval, further violating fiduciary rules concerning municipal spending. Worse, the investigation was discussed in executive session, a misuse of the Georgia Open Meetings Act (O.C.G.A. § 50-14-1), which prohibits using closed-door sessions to deliberate on matters that require public transparency, especially when those matters concern elected officials.
Mayor Avery admitted to initiating the investigation at the April 28, 2025, 7:00 PM Council Regular Meeting.
Councilmembers Who Supported It Must Be Held Accountable
Councilmembers Alex Heath, Linda J. Davis, and Hattie Portis Jones had every opportunity to question this illegal action. They could have demanded transparency, called for a Council vote, or objected to the misuse of executive session. Instead, they stood by and allowed it to happen. Their inaction and support make them complicit in an act that undermined democratic governance and violated municipal law.
A Compromised City Attorney
City Attorney Rory Starkey further enabled the abuse by issuing legal opinions that restricted individual Councilmembers from accessing public information unless approved by a majority vote, while allowing the Mayor and City Administrator to authorize a politically charged investigation without that same standard. Rather than providing equal legal counsel to all members of the governing body, Starkey’s advice appears to have been one-sided, protecting the Mayor’s agenda while blocking dissent.
Why This Matters
This was not a routine procedural lapse. It was a deliberate misuse of authority, executed without proper approval and shielded from public scrutiny. The misuse of executive session to hide a $24,480 investigation—funded by taxpayer dollars—violated public trust and Georgia law.
When city leaders can target an elected official using public money and without a vote, the entire structure of democratic oversight collapses. It sets a dangerous precedent where dissent is punished, transparency is suppressed, and political retaliation becomes the norm.
What You Can Do: Demand Accountability Now
Residents of Fairburn have the power to act—and now is the time to use it.
File Ethics Complaints Against the Following Individuals:
Mayor Mario Avery
City Administrator Tony Phillips
Councilmember Alex Heath
Councilmember Linda J. Davis
Councilmember Hattie Portis Jones
City Attorney Rory Starkey
1. File with the Fairburn Ethics Board:
Visit the City of Fairburn website at www.fairburn.com and search “Ethics Complaint Submission” or contact the City Clerk’s Office for instructions.
2. File with the Georgia Government Transparency and Campaign Finance Commission (State Ethics Commission):
Submit your complaint online at: https://ethics.ga.gov
In Closing
As your Councilwoman, I remain committed to governing with accountability, respect, and honesty. I will continue standing for what is right, regardless of the obstacles. I believe in Fairburn, and I believe in our collective power to make it better.
Thank you for taking the time to read this and for staying engaged in the future of our city. Let us remain courageous in truth, unified in purpose, and relentless in our pursuit of justice and good governance.
See the attached documents below ⬇️
Legal Analysis
Legal Invoice
With gratitude and love,
Councilwoman Samantha L. Hudson
City of Fairburn