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DEKALB COUNTY, Ga. -- Members of the Brookhaven 'Yes' group have filed an ethics complaint with Georgia's Transparency and Campaign Finance Commission alleging that someDeKalb County employeesactivelysupported and campaignedagainst cityhood.

In the complaint members cite current Georgia Code:

The Campaign Finance Act provides that "(n)o agency and no person acting on behalf of an agency shall make, directly or indirectly, any contribution to any campaign committee, political action committee, or political organization or to any candidate...O.C.G.A.21-5--30.2(b). this code section includes counties within the definition of "agency", thereby prohibiting use of county resources to benefit any campaign committee. O.C.G.A. 21-5-30.2 (a)(1).

As part of the complaint, there are several emails and memosbetween county higher ups obtained through Georgia's Open Records Act.

Plaintiffs allege those communicationsshow "...DeKalb County employees have used county email to contribute resources to the "No City Brookhaven" camp in violation of the Campaign Finance Act."

DeKalb County Chief Communications Officer Burke Brennan, who is named in the complaint, confirms those documents were obtained from the county but vehemently denies that he and others have taken sides in the cityhood debate.

"This is an unfortunate manifestation of an ugly political campaign. DeKalb County has not utilized resources to support any campaign for Brookhaven on one side or the other. We did respond and continue to respond to requests for information and service delivery as we do for all parts of the county,"said Brennan.

Residents vote Tuesday on whether the 12 square miles of the Brookhaven area should become a city.