City attorney: Columbus Parks & Rec probe's now a criminal investigation

Posted: 2:20pm on Jul 14, 2010; Modified: 11:47pm on Jul 14, 2010

The Columbus police probe of the city’s Parks and Recreation Department is now a criminal investigation, authorities said today.

That news comes after the city attorney’s office uncovered two e-mail exchanges between Parks and Recreation Director Tony Adams and executives at sports-gear manufacturer Nike in which the correspondents refer to a “contract.”

Columbus attorney Stacey Jackson, who represents not only Adams and some of his subordinates but also the nonprofit East Marietta Basketball, a Nike beneficiary, has maintained the Parks and Recreation Department has no contract with Nike or with East Marietta Basketball.

Both the city attorney’s office and the Ledger-Enquirer have sought to have any contract involving the city disclosed under the Georgia Open Records Act. The state attorney general’s office is looking into the issue.

City Attorney Clifton Fay said today that the police probe Mayor Jim Wetherington initially called an “administrative” matter is now a criminal investigation because of the information detectives have since uncovered. He declined to elaborate. Wetherington called for the investigation on May 28 after an internal audit raised questions about financial procedures and operations.

Police Chief Ricky Boren today would say only, "The investigation is ongoing," but Wetherington confirmed it's now a criminal investigation. "Chief Boren informed me earlier this week it was turning into a criminal investigation," the mayor said.

On Tuesday, Assistant City Attorney Jaimie DeLoach said a city computer e-mail search for the keywords “Nike” and “contract” turned up an Aug. 16, 2006, message to Adams from Don Crenshaw, who at the time was a Nike basketball marketing manager.

Adams, who coaches the Georgia Blazers elite traveling basketball team, was among multiple recipients to get the e-mail, which read:

“The travel team season is drawing to a close August 31. The August 31 date in each contract year signals the end of your opportunity to receive products detailed in the contract for that particular calendar year. Items remaining in your contract for this contract year need to be called for prior to August 31. You will not be allowed to carry over any product remaining from this contract year into the next contract year. If you actually have use for the remaining items, I would suggest that you ask for them, if not, that is OK as well. A few of you have recently asked permission and received approval from me to 'change out' some of the items remaining in this year's contract. These individuals will be allowed to follow through with the exchange as long as the order is received before August 31. We can not accept any new exchange situations for this contract year. Please call me if you have any questions.”

Asked about this e-mail Tuesday, Jackson said it did not alter his stance that no contract exists between the city and Nike or East Marietta Basketball. The message does not specify any contract between the city and those entities, he said.

Today Fay said his office has found a second e-mail, this one from Adams to Nike Elite Youth Basketball League Commissioner Jeff Rogers. Sent Aug. 30, 2007, it states:

“Jeff, I was in discussion with Don about the Georgia Blazers contract renewal. I would like to discuss with you ASAP. Thanks for your support!”

The Ledger-Enquirer has faxed a copy of that e-mail to Jackson and asked for an explanation.

Regarding requests to have any contract involving the city government disclosed, Jackson wrote of East Marietta Basketball in a letter Friday to Georgia Assistant Attorney General Calandra Harps:

“In 2010, Nike Inc. entered into a contract with EMB with regard to Nike’s supply and EMB’s use of Nike products by the program. EMB, a nonprofit corporation, donated funds from this grant towards the travel expenses of the Georgia Blazers travel team to cover lodging and food for members of the team. None of the funds from EMB were ever deposited into any account operated by, or on behalf of, the city of Columbus nor Columbus Parks and Recreation. No money was ever paid directly to any city employee nor on behalf of any city employee. There is no contract between Nike and the Georgia Blazers, Nike and the city of Columbus or Nike and the Columbus Parks and Recreation Department.”

The contract is between only Nike and EMB, and EMB is a private entity not subject to the state Open Records Act, Jackson said. EMB gets its funding from “private donations and sponsorships as well as registration fees paid by children and parents,” and it gets “no public funding from any city, school group or organization, nor does it hold itself out to be associated with any public entity,” he said.

The Blazers operate under the Parks and Recreation Department’s Innovative Sports Program, which came under scrutiny when a city audit revealed most members of the team lived outside Columbus, raising questions of whether city funds should be spent on residents from other counties. It also has raised questions of whether Adams has been focused more on recruiting players for the Blazers than serving local children.

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