Cobb school board chair declines to act on vice chair’s misuse of funds settlement

MARIETTA — Cobb Board of Education Chair David Chastain announced Thursday the school board had "no authority" to take action against Vice Chair John Cristadoro, who recently settled a lawsuit accusing him of misappropriating business funds in 2023.

"This Board of Education does not exceed the authority we have been given by exploring the personal lives of our board members in the same way we do not involve ourselves in the personal lives of our students, staff and parents," Chastain said at Thursday's work session.

Last month, Cristadoro settled a March 2024 lawsuit filed against him and his marketing and advertising company, Alliance Activation, agreeing to pay $225,000, plus interest, to a former client, a Tampa-based life insurance agency.

The lawsuit alleged fraudulent misrepresentation and concealment, breach of contract and fiduciary duties, civil RICO violations and gross negligence.

Per the settlement, Cristadoro acknowledged he received $250,000 from the insurance agency in 2023 for an advertising campaign, but instead used the funds to cover his own operating expenses and credit card statements.

Cristadoro has maintained that the matter is personal and unrelated to his role on the school board and previously told the MDJ he was "not ashamed."

"My story is simple: a dad with a small business that ran into trouble during COVID. I'm not ashamed, don't hide from it, and am glad to have it behind me," Cristadoro wrote in an Oct. 31 statement.

"During Covid, some thought it was their job to close schools, force staff to wear masks, or make children get vaccinated," he continued. "It's ironic those same people also think they should get involved in the small businesses of moms and dads across Cobb County. I think we should be focused on educating and coaching their children and that's what I'm doing."

Still, several Cobb County Democrats argue the case raises serious ethical concerns about Cristadoro's ability to fulfill his fiduciary responsibilities as an elected official.

Several Democratic lawmakers — including state Reps. Terry Cummings, D-Mableton, Mekyah McQueen, D-Smyrna, Lisa Campbell, D-Kennesaw, and Gabriel Sanchez, D-Smyrna — have called on Gov. Brian Kemp to invoke his authority to conduct a formal ethics hearing and remove Cristadoro from office.

During Thursday's meeting, Laura Judge, the Democrat who ran against Cristadoro in last year's election to fill board member David Banks' vacated seat, said the suit was a "blemish on the district's reputation."

"If financial misconduct becomes associated with our board leadership, it can damage the district's credibility, not with just the voters, but with financial institutions. That means our district's credit rating could be at risk, which affects our ability to fund new schools, issue bonds or manage capital improvements."

Judge also criticized the chair's plans to speak publicly on behalf of the board "before even discussing it in executive session with fellow board members."

"It shows exactly how decisions are being made in this district without all voices at the table," Judge said.

Following public comment, Chastain addressed the matter directly, saying community members had questioned "the role of the board as a whole, individual board member roles and what the public should expect from us.

"There will be no further discussion as we spend the rest of this meeting on what we should be focused on: students and schools," Chastain said. "Again, this is a statement, not a discussion, and will be our only public comment."

Chastain described the board as an "elected group of everyday people with everyday jobs."

"Each of us are moms, dads, grandparents and aunts, with very different perspectives and experiences," he said. "Individually, we are regular people. Collectively…."

He was then interrupted by Democratic board member Leroy Tre' Hutchins who called a "point of order."

"No, not at this time," Chastain replied, as board attorney Suzann Wilcox added, "No, he needs to finish the statement."

"You called it our?" Democrat Becky Sayler asked.

But, Chastain continued with his statement, stating outside the boardroom, none of the members had "the authority or ability to make any decision or affect one student or $1.

"Any other suggestion is simply untrue," he said. "When boards of education stay focused on classrooms, success for students follows. When boards get involved in decisions best made in living rooms, doctor's offices, courthouses or ballot boxes, students suffer."

Chastain said Sayler had asked for a hearing into a possible ethics violation but, after consulting with legal counsel and other members, he determined the board had no authority to act.

"I was reminded the board has no authority in this or any personal matter, particularly for personal matters occurring before a member was elected to the board," Chastain said. "...This is a personal business matter, which occurred before the member joined the board. Georgia law defines when someone cannot serve on a school board, and the law does not apply to this situation."

Chastain noted that over his 11 years on the board, most calls for disciplinary action involved members "not part of the majority's political party."

"Regardless of the board members' political party, we have declined," Chastain said. "The Board of Education will continue its unbroken practice and limit itself to actions occurring within a board member's term of office and his or her elected service."

"If we extend our authority into the past and into board members' personal lives, where does it stop?" he continued. "Criminal charges filed years before a member ran for the board, allegations made in divorce or adoption hearings, comments on Facebook that a board member is not… a fit parent, or was a bad teacher, defaulting on student loans or filing bankruptcy, failing to make credit card payments on time?"

Though the chair framed his remarks as a statement from the entire board, Democrat Nichelle Davis said otherwise, asking Chastain whether that was the case.

"Because at this point, the Board of Education has not been made privy to the remarks prior to now that's being made on behalf of all of us," Davis said. "So are they with the full consent of the board?"

"The statement stands," Chastain replied.

In a statement on Facebook Thursday afternoon, Davis clarified her position as an "individual member" of the school board.

"I do not condone or excuse any form of fiscal misconduct by public officials. Our community entrusts us with public resources to serve students, families and taxpayers with integrity and transparency," she wrote. "Misuse or mismanagement of resources undermines public trust and distracts from the vital work of educating our children. I remain committed to upholding the highest ethical standards in governance, ensuring accountability and maintaining the confidence of the community we serve. Fiscal responsibility is not only a legal obligation…it is a moral one, and I will continue to advocate for transparency, oversight and integrity in all financial matters."