You are on page 1of 3

CITY OF ATLANTA

D E P A R T M E N T
KASIM REED
MAYOR

O F

L A W

SUITE 5000
55 TRINITY AVENUE, S.W., ATLANTA, GEORGIA 30303-3520
(404) 546-4100

CATHY HAMPTON
CITY ATTORNEY

EXECUTIVE SUMMARY
Department Overview
The Department of Planning and Community Developments mission is to plan and implement the
future by guiding the physical and economic development of the City while enhancing the quality of
life for all through a comprehensive range of planning, design review, construction plan approval,
building code compliance, housing preservation and assistance services and programs.
The Office of Buildings serves a critical role in the development of the Citys built environment by
enforcing city building codes to ensure standards for all construction activity, including maintenance
and occupancy are met. Comprised of five divisions, such as permit issuance, inspections, zoning,
building plans review and arborist, the Office of Buildings reviews, approves and issues all permits
required by the Citys Code for the repair, alteration or addition to all public and private buildings
and structures.
The Office of Buildings is comprised of approximately one hundred and ten (110) employees.
Allegations
On December 30, 2013, amidst ongoing public concerns regarding the efficiency of the building
permit process within the City of Atlanta, the Office of Buildings contacted the Department of Law
to report the discovery of fraudulent documents created outside of the authorized approval process,
including documents with fraudulent stamps purporting to represent City of Atlanta authorizations,
as well as external professional certifications. Specifically, it was alleged that a former Office of
Buildings employee, now operating as an expeditor within the construction industry, was creating
fraudulent documents, including, but not limited to fraudulent building permits, certificates of
occupancy, building plans, and contractors license affidavits. Separately, several sources alleged that
expeditors provide bribes and gratuities to members of the Office of Buildings to gain rapid priority
review and approval of building plans and inspections.
Based on the nature of these allegations, in January 2014, the Department of Laws Compliance Unit
initiated an internal investigation into the matter.

Investigation
During the course of the investigation, approximately one hundred and fifteen (115) investigative
interviews were conducted. The investigation also identified approximately twenty four (24)
expeditors doing business with the Office of Buildings.
As the investigation progressed and concluded, it became apparent that the allegations involving the
alleged expeditor fraud were criminal in nature, and as such, Case Number CI 2014 0004 details
these specific criminal violations. The remaining administrative findings addressing employee
involvement and administrative violations are detailed in Case Number CI 2015 0006. Lastly, the
separate and distinct allegations broached by the OK Caf are detailed in Case Number CI 2015
0007.
Investigative Findings
The criminal investigation established that the former Office of Buildings employee, now operating
as an expeditor within the construction industry, was in fact creating fraudulent documents,
including, but not limited to fraudulent building permits, certificates of occupancy, building plans,
and contractors license affidavits.
The expeditor was arrested by the Atlanta Police Department and charged with Theft by Taking
(Misdemeanor) and Forgery in the First Degree (Felony). The criminal case is currently being
handled by the Fulton County District Attorneys Office.
No city employees were criminally implicated in the expeditors criminal actions.
The administrative investigation established that a permit technician within the Office of Buildings
accepted gratuities in the form of three cash loans from an expeditor whom she frequently provided
direct service to in the Office of Buildings.
The investigation further revealed that a building inspector approved inspections at a property
without ever physically visiting the site. It was determined that insulation was not installed at the site
and the construction of the fire rated assembly was not built according to plans and code, thereby
creating a life safety violation. The building inspector resigned during the course of the investigation,
prior to being terminated by the department.
The investigation established that the Interim Director of the Office of Buildings waived the permit
fees for applicants without authority and moreover, failed to fully cooperate with the investigation.
Investigators determined that four employees were untruthful during the investigation. All four
employees showed deception and failed their respective Certified Voice Stress Analysis (CVSA)
exams regarding whether they have ever accepted bribes or gratuities during the scope of their
employment.
In addition to employee misconduct, the investigation established that a contractors license was
utilized by an expeditor during the application process without his authorization.

Likewise, it was established that an expeditor submitted fraudulent architectural plans to the Office
of Site Development for a project. The plans were discovered and not approved.
Overall, the investigation established that:

Building inspectors systematically failed to routinely review building permit numbers onsite
to verify the authenticity of the permits.
Inspectors and supervisors had the opportunity to schedule inspections outside of the
established appointment process (via Accela) thereby allowing the risk of preferential
treatment and/or fraud during the inspection process.
Inspectors failed to follow established SOPs in inspecting properties.
Supervisors failed to rotate inspectors job assignments thereby creating the risk of
preferential treatment and/or fraud during the inspection process.

The investigation failed to establish any wrongdoing associated with the OK Caf permitting
process.
Recommendations
We recommend that six (6) employees be disciplined for administrative violations.
The Department of Planning & Community Development should:

Develop written standard operating procedures to govern the building permit process. All
employees should be trained on the established procedures.
Implement records management strategy to ensure the security and maintenance of
buildings records. All employees should be trained on the established procedures. All
supervisors should be trained on records retention and open records requirements.
Remediate all exceptions to the established inspection appointment process (via Accela) to
minimize the risk of preferential treatment and/or fraud during the inspection process.
Ensure that inspectors job assignments are rotated to minimize the risk of preferential
treatment and/or fraud during the inspection process.
Establish a process to equitably assign building plans to plan reviewers to minimize the
imbalance in commercial building plan review and minimize the risk of preferential
treatment and/or fraud during the plan review process. All employees should be counseled
to conduct city business utilizing city equipment and not personal resources (i.e. personal
cellular telephones).
Counsel all employees regarding the prohibition on solicitation and/or acceptance of
gratuities. Training from the Ethics Officer should be requested as needed.

The Department of Law will next forward a copy of the internal investigative report to the Board of
Ethics to determine the culpability, if any, of the parties under the Code of Ethics.

You might also like