Agnew Wants Recall Dismissed
By JIMMY ESPY
Staff Writer
In a motion and brief filed in Superior Court of Chattooga County on Wednesday, Chattooga County Board of Education Chairman John Agnew asked that a recall petition filed against him be dismissed or that a “sufficiency hearing” be held.
Agnew’s motion claimed the recall application filed by Allan Baggett was faulty. Here is a partial transcript of the motion. The full motion can be found online at www.thesummervillenews.com
“Mr. Baggett does not state what state law was allegedly violated, nor does he allege what provision or provisions of the Code of Ethics was violated. He does not state whether the Board members were denied a discussion or whether the public was denied the right to discuss the issues at the meeting prior to the Board’s vote. He does not explain how his allegations, even if true, would constitute a breach of public trust.”
“Moreover in O.C.G.A. 21-4-3(7), the statute’s provision setting forth the grounds for recall, does not use or contain the term “breach of public trust”, much less define the term. Thus, the term as used in this recall application is at best a “conclusion” or “opinion.” It is certainly not a fact.”