MARIETTA - Councilman Philip Goldstein has confronted Mayor Bill Dunaway about possibly violating state law when it comes to the upcoming $25 million parks bond voters will decide on the Nov. 3 ballot.

State law prohibits governments from advocating for or against a bond issue, yet Goldstein said Dunaway and other city officials are causing that line to become blurred.

Goldstein cites several examples in which he feels the mayor is crossing the line and promoting the parks bond instead of providing neutral information.

"There is a lack of neutrality from the city position or use of public resources on the parks bond issue," Goldstein wrote in a Friday e-mail to Dunaway and the City Council.

Goldstein said on Thursday night during a Zone 4 town hall meeting, one of the items on the agenda was Progress Marietta, Inc., the group of citizens that is promoting the passage of the parks bond and tax.

"This was a city event, with city paid staff members attending and participating and advertised by the police department on the portable sign board. The city should be independent of any group for or against the parks bond and they should hold their own forum," Goldstein said.

Another example Goldstein cites is an Oct 13 email Dunaway sent out using his official city email where "there is no neutrality about it."

Goldstein said if Dunaway was sending out that email as a private citizen and not as mayor, he would not have access to a city email account.

"His comments include, 'he (Steve Imler, treasurer of Progress Marietta, Inc.) needs to receive contributions. On Thursday night, the city should have printed public information material for people to distribute and use. I have attached 'talking points' that I am using as an individual, not as a mayor. I encourage everyone to look this over and adapt something similar for their own use.'"

Dunaway's email goes on to state "Mail checks, payable to Progress Marietta, Inc. to Steve Imler, 599 Church St., Marietta, 30060."

Goldstein believes those comments do not look neutral.

"It appears to be a use of city resources to promote the bond and encourage contributions (direct appeal) to the committee promoting the bond," Goldstein said.

Curiously, in an Oct. 22 email to the City Council, parks director Rich Buss writes that he was asked by a council member to forward all emails related to the parks bond issue.

"There are several, but most of the emails I received were deleted soon after arrival," Buss said.

Why those emails were deleted, Buss doesn't say.

Goldstein writes in his Friday email that it was he who asked Buss to forward the emails.

"I have not been in the loop or privy to how city resources or involvement has been on this ... They are definitely revealing. However, as apparently many have been deleted, I cannot see what else has been done. I do not know if they are older or younger than the 30 days ... while I will assume at this point that it was likely well intentioned on Rich's part, I do believe that city policy has e-mails deleted from the city system after 30 days, not before," Goldstein states.

Goldstein also said he is troubled to hear that during the mayor's report at the Marietta Housing Authority meeting, Dunaway touted the bond passage.

"If true (I was not there), it would be difficult to say he was doing it as an individual citizen at that moment as the only reason he had the floor was because he was providing the mayor's report, not an individual citizen's report," Goldstein writes.

Goldstein writes that he also has information that Dunaway made a similar plug at a concert in the Square.

"I would appreciate that the neutrality of the city for or against be maintained," Goldstein writes.

Goldstein then addressed the topic of a proposed special meeting Dunaway called for Friday.

What apparently sparked that called meeting was a Tuesday article in the MDJ, which revealed emails Dunaway had sent over the weekend detailing that he intended to use a taxpayer-paid-for direct mail piece this week and a city-designed brochure to provide Marietta voters with information about the $25 million parks bond. Some of the council members were outraged, saying they had never voted to authorize the distribution of such material or pay for the cost.

"Spending money without council approval is just a no-no. Maybe we'll see change with a new administration. I think it's going to take a change in new administration," Councilman Grif Chalfant said of Dunaway's action.

Dunaway therefore called for a special meeting to be held Friday afternoon so the council could approve the literature.

Goldstein said in one of Dunaway's recent emails, the mayor made it clear that only certain members of the City Council count.

"This has been the problem for almost eight years. To quote him, 'If the call around fails, then do call a meeting for any time after 1 that can have the most people there, including four that I want.'"

Johnny Sinclair, who is challenging Holly Walquist in the election, recently made a similar remark about Dunaway when he said Dunaway holds council members in utter contempt.

Dunaway, Goldstein said, needs to make sure he follows the rules of procedure when he calls a special called meeting. The rules require 24 hours notice.

"As a matter of fact, all notices to all elected officials were delivered after the 24 hour period had passed," Goldstein writes.

Apparently Goldstein's argument won the day, because when a Journal reporter visited City Hall to attend the special meeting Friday afternoon, a secretary said it had been cancelled and moved to Monday.

But that didn't stop Dunaway from lashing out at Goldstein in a Friday email to City Council.

"You know, Philip trying to lecture on Ethics is like A. Taking swimming lessons from the Captain of the Titanic, or B. Taking investment advice from Bernie Madoff, or C. Taking ethics instruction from Wes Godwin (same as from Philip)," Dunaway wrote.

Dunaway went on to say that having Goldstein against the bond referendum may be one of the best reasons to vote for it.

"After all, as most people know, if Philip is against it, it must be good for Marietta. People are known by the friends they have and by the enemies they have. I'm not even going to bother answering his mostly false accusations below," Dunaway states.

Goldstein, along with Council members Van Pearlberg, Annette Lewis and Rev. Anthony Coleman, have said they plan to vote against the tax hike because a recession is not the time for more taxes.