When “Ethics” Becomes a Weapon: The Mayor’s New Complaint Against Me
- Samantha Hudson
- Aug 11
- 3 min read
Well, it happened. On August 11, 2025, Mayor Mario Avery officially filed an ethics complaint against me. His charge? That I refused to obey his August 6th “Cease and Desist Directive” and that I dared to tell you—the people I serve—about it.
The irony is thick. The very blog post I wrote to inform you about his attempt to silence me (“When Transparency is Replaced with Silencing Tactics”) is now being used as evidence against me in this complaint. Apparently, speaking to the public about government overreach is now considered an ethical violation in Fairburn—at least if you’re the one asking the hard questions.
The Allegations
According to the complaint, I:
Disclosed “confidential” information about a pending Equal Employment Opportunity (EEO) complaint filed by the City Clerk.
Violated a mayoral directive by refusing to keep this matter in executive session only.
Ignored instructions from both the Mayor and the City Attorney.
The problem?
I am an elected official, not a city employee. The Mayor’s own letter admits that elected officials are excluded from the City’s personnel policy he claims I violated.
Confidentiality laws in Georgia (O.C.G.A. § 50-18-70 et seq., the Open Meetings Act) do not give the Mayor power to create gag orders on elected councilmembers to hide matters of public concern.
The Georgia Whistleblower Act (O.C.G.A. § 45-1-4) protects officials from retaliation for raising issues of transparency, misuse of authority, or ethical violations.
This isn’t about ethics—it’s about silencing dissent.
A Pattern of Retaliation
Let’s be honest—this complaint didn’t come out of nowhere.It follows a consistent pattern:
Issue a restrictive directive that blocks my access to information and staff needed to do my job.
Threaten punishment if I speak about it publicly.
File an ethics complaint when I refuse to be gagged.
This is political retaliation—plain and simple. It’s not about protecting the City; it’s about protecting certain people from scrutiny.
The Alex Heath Problem
Now, here’s where the due process alarms start blaring. Alex Heath, the Mayor Pro Tem, is presiding officer of the investigative committee and will chair the hearing on this very complaint.
That’s like letting the prosecutor also be the judge. Even if Heath could be fair (and the public is right to doubt it), the appearance of bias alone undermines the legitimacy of the entire process.
Best practice in ethics proceedings is clear:
If you have prior involvement in a case, you recuse yourself.
If you have a political alliance with the complainant, you step aside to preserve public trust.
Anything less sends the message that this “hearing” is just a rubber stamp for political payback.
Why This Matters to Every Resident
If an elected official can be hauled up on “ethics” charges for telling you what’s happening inside your government, it sets a dangerous precedent:
You lose access to real information.
Important matters get buried in executive sessions.
Retaliation replaces accountability.
Government belongs to the people—not to those in power who want to control the narrative.
Where I Stand
I was elected to serve you, not to serve the comfort of City Hall. I will continue to:
Uphold transparency.
Fight retaliation.
Defend the right of every resident to know what is being done in their name.
The Mayor may think he is above the law, but I believe the law—and the people—are above him.
If you want open government in Fairburn, this is your fight too. Stay informed. Stay engaged. And remember: democracy dies in silence.
Dr. Samantha Hudson- McCalla
Councilwoman
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