The Atlanta Journal-Constitution

Atlanta releases more documents

City complies with subpoena in probe into municipal contracts.

- By J. Scott Trubey strubey@ajc.com

Atlanta City Hall said Tuesday it has provided about 240,000 pages of additional documents to federal prosecutor­s in response to a subpoena delivered last month in the ongoing federal investigat­ion into municipal contracts.

The new cache of records relate to the city’s former chief purchasing officer, Adam Smith, who was fired Feb. 21 on the day the subpoena was delivered. That same day, federal agents also seized his city-issued computer and smartphone.

The Smith subpoena sought documents since Jan. 1, 2014, showing Smith certified to City Council that companies that won contracts of $1 million or more disclosed personal and financial relationsh­ips with city officials and their family members and “that the award of the contract is appropriat­e.” The subpoena also demands all “written determinat­ions” of conflicts by Smith since 2014.

Prosecutor­s sought Smith’s financial disclosure­s, emails sent and received for the past three years, ethics policies he drafted or approved and any requests for approval of outside employment. The subpoena also sought forensic images of the hard drives of his computer and city-issued phone.

Mayor Kasim Reed’s office said the city returned more than 223,000 pages of emails, more than 15,000 pages of contract-related documents and about 3,000 pages of ethics disclosure­s and other “contract-related materials” to federal authoritie­s.

“The City’s top priority is full cooperatio­n with the ongoing criminal investigat­ion,” said a statement emailed by Jenna Garland, a spokeswoma­n for Reed.

An Atlanta Journal-Constituti­on analysis published Sunday found more than $2.1 billion in City Council-approved contract awards of $1 million or more in the time frame covered by the subpoena.

The emails the city provided to prosecutor­s didn’t cover the full period specified in the subpoena. Instead, prosecutor­s were given emails sent and received from Nov. 6, 2014 to Feb. 24 of this year, the city said. The AJC has asked Reed’s office if emails to or from Smith existed from Jan. 1, 2014 to early November 2014, but messages left with spokespeop­le for Reed were not immediatel­y returned.

The records sent to prosecutor­s will be available on or before April 11 to those who register to use a website establishe­d by a city vendor.

The subpoena, with its focus on disclosure­s of potential conflicts in larger contracts, indicates a potential new direction in the federal probe. The time frame for requested documents also differs from earlier subpoenas to the city.

Reed’s office has declined to say why Smith was fired last month, and it is not known if prosecutor­s consider Smith a witness, target or both. The subpoena was the third known demand for documents in the federal investigat­ion, which became public in January when longtime Atlanta contractor Elvin “E.R.” Mitchell Jr. was charged with and pleaded guilty to conspiring to pay more than $1 million in bribes from 2010 to 2015 to win city contracts. A second contractor has since pleaded guilty in the scheme.

The first known subpoena to the city was delivered in August and sought emails and other documents from Mitzi Bickers, a political consultant and Reed’s former human services director. The second from November demanded informatio­n about city contracts awarded to Mitchell and Richards.

Combined, those two informatio­n demands produced more than 1.4 million pages of documents, according to city officials.

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