Marilyn Swinney: 'The Judge Will Decide'

is pursuing legal action against the mayor after she had her microphone cut off during the public comment section of Monday night's council meeting.

"Enough is enough," she said.

She met with a lawyer to discuss violations of her first amendment rights.

"I am pursuing it, and am going to let a judge decide," she said.  

At the time set aside for public comments, Swinney planned on saying she was surprised at the mayor's report.

"And that was as far as I got," she said.

Her plan, she said, was to question the mayor's assertion that she did not believe in the council.  Swinney wanted to cite specific examples of successes the council has had:  the Farmers' Market, Snellville Tourism and Trade, the community garden, and a successful fundraiser for Aimee Copeland.  

was the latest in a string of positive things, according to Swinney.

"I never got to say any of that," she said.

Instead, she was so flustered and embarrassed, she barely remembers what she said.

"I felt intimidated," she said.  "I felt humiliated.  I wanted the ground to swallow me up."

 Mayor Kelly Kautz said that when Swinney came to the podium, Kautz "knew where it was going."

"I asked for the mike to be turned off so that she would listen to me," she said.  "I reminded her of our personal decorum policy, and then had the mike turned back on."

This can be seen in the video. 

There have been instances in the past where members of the public have made comments about council members, including the Mayor, that were not in line with the public decorum policy, yet they have been allowed to continue. 

In one instance, a citizen called councilman Tom Witts a "liar" and "cheat." 

"Should I have enforced it a lot sooner?" Kautz asked. "Probably."

Snellville Reacts

A number of council members voiced their opinions on the scandal in the Snellville Patch comment section. 

"I will not allow Mayor Kautz to pull me into this situation by claiming that her actions were to protect me against George Anderson," wrote council member Tom Witts. "I believe she is just trying to divert the issue to me."

Witts referred to Kautz's statement that she would enforce the public decorum policy from now on in all situations, not just her own.  (Anderson is a government watchdog who is and plans on attending next month's council meeting.) 

Kautz said she sent a letter to Anderson outlining the public decorum policy. 

"After this past Monday nights meeting I approached the Mayor and put her on notice that she had better treat George Anderson the same way she treated Ms. Swinney," Witts continued.  "It was only well after I put her on notice that she authorized a letter to Anderson." 

Council member Bobby Howard went so far as to issue a public apology to Swinney, saying that "you (Swinney) can be sure that I will be vigilant in my desire for the City of Snellville to continue to move forward in a positive direction and I hope that you Ms. Swinney will continue to be vigilant in your quest for justice in this matter."