COVINGTON, Ga. — The county chairman says the workout series Commissioner Alana Sanders recently organized put the county at risk of lawsuits from potentially injured participants and herself at risk of violating ethics rules for accepting money for leading a fitness class.
Board of Commissioners Chairman Marcello Banes wrote to Sanders in an email Wednesday, Aug. 18, under the heading "RE: Cease and Desist Notice" about "a matter regarding potential legal liability" concerning a series of workouts she has led since June in a parking area on the side of a Salem Road shopping center.
"The county (government) neither sanctions nor supports this series of physical fitness classes that you are promoting as a 'Newton County Workout Series,'" Banes wrote.
Banes directed Sanders to stop "promoting fitness classes as county endeavors" by Friday, Aug. 20, or face a lawsuit.
The chairman cited a number of concerns about the workouts both leaving the county open to liability and the commissioner to charges of violating the county's ethics code.
He said he was sending the letter "at the direction of our legal team" and threatened a temporary restraining order against her if she did not have her events "modified to adhere to standards" that minimize county government liability.
Banes said his concerns included Sanders promoting the events as county government activities; and the potential for physical and heat-related injuries to those participating.
He said he received "multiple citizen complaints" that she was using her official Facebook page and website and official government status as a commissioner to advertise “free” exercise classes for which she was encouraging participants to give a “love donation” to instructors.
"The fliers and posts used to encourage attendance at these events give the distinct impression that this workout series is sponsored by Newton County," he wrote.
Banes said the "most troubling issue" is a June 26, 2021, post where Sanders — who said she is a certified fitness instructor — "clearly" indicated she would be teaching a kickboxing class.
"You failed to exclude the solicitation of a 'love donation' on the advertisement in which you were the featured instructor," Banes wrote.
He said the workouts were billed as the "Newton Community Workout Series” and leading a class "presents a conflict of interest if you are advertising events as county events" and then accept payment for her fitness instruction.
"Your actions may be subject to review as explained in the county’s Ethics Ordinance," he said.
He noted outside fitness instructors rather than those employed by the county had led other parts of the "Workout Series," such as Zumba and trampoline fitness classes.
"As you may know, Newton County has a Recreation Department that provides fitness instruction to adult county residents," he said.
"All recreation and fitness classes advertised by county officials should be county-sponsored events planned and managed by the Recreation Department. Doing otherwise deprives the county with the ability to implement risk management policies and procedures for the event," Banes wrote.
He said her fliers and posts indicated that a waiver must be signed but "no such waiver was provided to the county attorney for review."
Banes also said a Newton resident had sent him photos of a recent workout event "where the temperatures were abnormally high" and "an injury or worse can occur when participants are in dangerous heat."
The chairman also said the "commercial development manager for the shopping center indicates that she had no idea about this workout series."
"This presents a situation where the commercial real estate company managing the Kroger shopping center could experience liability due to an injury and seek to enjoin the County in any resulting lawsuits," he wrote. "This would cause the county to expend dollars for legal defense of any such claim or action or resulting judgment."
In reply to a question about if she met the Friday deadline for stopping promotion of the workout classes, Sanders deferred to County Attorney Megan Martin "and she can tell you the individuals that were behind this little plot."
"The public would love to hear how this all occurred," Sanders said. "They will definitely see that it was a politically motivated malicious intent that includes discrimination."
Spokesman Bryan Fazio said Banes declined further comment. Martin did not return an email for comment about the status of Sanders' reply.
Sanders said in a comment on her Facebook page she answered the request the day she received it Wednesday, Aug. 18, but did not specify what she said in the reply.
The District 3 commissioner said she announced the workout series during county commission meetings beginning in May and no county officials or the county attorney expressed concerns to her.
She said Banes then asked her to come to his office in the Historic Courthouse on Aug. 18 to give her a "Cease and Desist" letter ordering her to stop the workout sessions she has led since late June.
Sanders alleged county resident Ann Neuhierl videotaping a recent workout triggered the issuance of the letter.
In a video and posting, Sanders alleged someone had "sent" Neuhierl, who was a friend of former commissioner Nancy Schulz and had been "harassing" Sanders since her 2020 campaign in which she defeated Schulz for the District 3 seat.
"I know who sent her because she is mutual friends with my former seat holder and some others. She is the only one that speaks negatively on my pages," she wrote.
Neuhierl told The Covington News that she videotaped the session on her own initiative. Schulz "had nothing to do with my involvement," she said.
"'I' sent me, nobody else," Neuhierl said.
"I went out of concerns about the unhealthy and hot environment. I taped six seconds to document the conditions, which were unhealthy," Neuhierl said.
She also said her only direct contact with Sanders was at the beginning of her 2020 campaign to complain about Sanders "littering my subdivision with her flyers and that we are not in her district."
