The penalties for this action are found on page 22 here. SB22 clearly states the Henry County Ethics Board has the right to subpoena witnesses. This meeting is a continuation of the ~8 hour October 29th meeting embedded below.
Complainant is John Doe; Respondents are Scott Morris (DOT Director), Roger Whitaker, Johnny Holland. The Henry County Board of Ethics is hearing the case under Georgia Senate Bill 22, which established procedures for ethical violations by county officials/employees.
Allegations: From Citation 1 and 5, the board found probable cause earlier (July 8th, 2025) for specific violations:
Scott Morris: 7.1C1 (failure to show impartiality), 7.1C3 (disclosure of confidential info), 7.1C4 (misuse of position).
Roger Whitaker: 7.1C1 (impartiality).
Johnny Holland: 7.1C3 (confidential info), 7.1C4 (misuse of position).
Procedure: Hearing Officer Tyler Caspers presides (not deciding, just ensuring rules/procedure); board is the fact-finder (like a jury). Steps included: opening statements (complainant first, then respondents), presentation of evidence (complainant presents, respondents cross-examine; then respondents present, complainant cross-examines), board may ask witnesses questions, closing statements (respondents first, complainant, respondent rebuttal), decision based on preponderance of evidence (more likely than not).
Key issues in evidence: Focus on Scott Morris regarding employee Benjamin Trip. Allegations against Trip: fuse removed from tractor during off day, leaving work site without approval, revoking driving privileges, tobacco use, gate damage. Morris wrote up and suspended Trip; HR was involved. The complainant’s investigator (Miss Bullard?) had a preliminary recommendation: no violation for Morris, reserved on Whitaker, violation for Holland (for not filing an answer).
Respondents’ concerns: Morris argued the ethics board didn’t follow Senate Bill 22 procedures—investigation wasn’t done before preliminary hearings. For example, Whitaker was first contacted a week ago (Oct 22nd) before July 8th preliminary hearing; Holland never contacted until two days prior. They claimed misinformation presented to the board.
Witnesses: Benjamin Trip testified (sworn in), Jonathan Penn (executive director), Calvin McClendon (DOT superintendent). Testimony covered Trip’s discipline, Morris’ role, HR involvement.
Hearing Officer instructions: Board must decide based only on evidence presented (no outside info/social media), opening/closing statements aren’t evidence, consider all evidence (direct/circumstantial), cross-examination limited to direct exam scope.
Outcome not explicitly stated, but board will deliberate post-evidence to determine if violations occurred by preponderance of evidence.The Henry County Board of Ethics hearing involved John Doe (complainant) alleging ethical violations against three respondents: Scott Morris (DOT Director), Roger Whitaker, and Johnny Holland, under Georgia Senate Bill 22 (establishing procedures for county official ethics violations). Here’s a structured summary:
Core Allegations & Probable Cause
The board previously found probable cause (July 8, 2025) for specific violations:
Scott Morris: 7.1C1 (failure to show impartiality), 7.1C3 (disclosure of confidential information), 7.1C4 (misuse of position).
Roger Whitaker: 7.1C1 (impartiality).
Johnny Holland: 7.1C3 (confidential information), 7.1C4 (misuse of position).
Hearing Procedure
Presided over by Hearing Officer Tyler Caspers (referee, not decision-maker); the board acted as fact-finders (like a jury). Key steps:
Opening Statements: Complainant first, then respondents (voluntary, non-evidentiary outlines of claims/defenses).
Evidence Presentation:
Complainant presented evidence (e.g., HR files on employee Benjamin Trip, disciplinary actions).
Respondents cross-examined witnesses; board could ask questions of witnesses.
Closing Statements: Respondents first, then complainant, with an optional respondent rebuttal (all limited to 10 minutes combined).
Decision Standard: Board must find violations by preponderance of evidence (“more likely than not”) based only on in-hearing testimony/exhibits (no outside research/social media).
Key Evidence & Disputes
The focal point was Scott Morris’ role in disciplining employee Benjamin Trip, with allegations including:
Trip being written up/suspended for removing a tractor fuse during his off-day.
Alleged failure to show impartiality in implementing new DOT policies (applied to all employees).
Disputes over HR involvement: Morris claimed he coordinated with HR before disciplining Trip; the complainant’s investigator noted Morris was “fairly new” as director but did not act biasedly.
Respondents’ Critiques: Morris and Whitaker argued the board violated Senate Bill 22 procedures—e.g., no proper investigation before preliminary hearings (Whitaker was first contacted a week before the July 8 hearing; Holland received paperwork only two days prior). They accused the complainant of presenting “misinformation.”
Investigator’s Recommendation
The complainant’s investigator preliminarily recommended:
No violation for Scott Morris.
Reserved on Roger Whitaker.
Violation for Johnny Holland (for failing to file an answer).
Outcome
The board deliberated post-evidence to determine if violations occurred by preponderance of evidence, with decisions based solely on in-hearing testimony/exhibits. No final decision is explicitly stated in the citations.
