City council voted 4-1 in a special called meeting Thursday for the city clerk to issue the subpoenas and to allow Wilson’s firm to execute them. Councilwoman Kelly Stewart was the sole opposing vote, and Bodker was absent from the meeting.
“The investigation that is underway has reached a point where I do not have the cooperation to the level that I needed,” Wilson said in explaining why he requested the subpoenas.
Wilson requested Bodker’s cell phone records on allegations he has conducted city business on his personal phone since becoming mayor. The rental documentation requested is related to Bodker’s lease of properties at Johns Creek Walk and Amberly Lakes.
Councilman Randall Johnson said the lease information was requested because there are allegations Bodker has accepted gratuities from lease deals and voted a certain way on projects brought before council as a result.
“Elected officials shouldn’t be able to enrich themselves [from city business],” Johnson said.
He said the mayor has not been transparent.
“It’s frustrating because … this [investigation] is dragging on and it’s dragging on because Mike Bodker is refusing to cooperate,” Johnson said. “I don’t understand what he’s hiding.”
Councilwoman Karen Richardson said, “For the life of me, I don’t understand why if you could put the information out there that would potentially clear your name, why you wouldn’t do it.”
Though Bodker was absent from Thursday’s meeting, he explained to the Neighbor the next morning that he has the rental documents requested but has not handed the information over because he stands on the principle that he should not have to prove anything.
“In America, the burden of proof lies on the accuser, not the accused,” he said. “I still haven’t actually been accused.”
Bodker said his attorney has been in correspondence with Wilson’s firm questioning under what conditions a person can be investigated and personal privacy can be invaded.
Concerning his cell phone records, Bodker said they only show calls that were made and received but cannot detail if he was actually on the phone or what was said during the conversations.
“What does that prove?” he asked.
Bodker said he has many fundamental problems about how the investigation launched and is offended about what has transpired.