UPDATED: 6:32 p.m. May 22, 2008

Georgia politics

Georgia Realtors to pay record ethics fine
Donald Leebern of Board of Regents also fined for failure to disclose


The Atlanta Journal-Constitution
Published on: 05/22/08

Thursday was a banner day of sorts for Georgia's ethics watchdog agency.

The State Ethics Commission handed out the biggest fine in its history and set a one-day record for the most money assessed against violators of Georgia's campaign and financial disclosure laws.

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The records are a sign that the beefed-up panel is getting more serious about investigating and punishing violators, officials say.

"There has been a lot of talk in the past few years that the commission is a paper tiger," said executive secretary Rick Thompson. "With the hard work of the commission staff and the strong support of the commissioners, that should be rapidly changing."

On Thursday, the commission:

• Assessed a record $80,000 fine against the Georgia Association of Realtors for failing to disclose more than $585,000 in campaign contributions and other expenditures in 2006.

• Fined Donald Leebern, a member since 1991 of the University System Board of Regents, $37,750 for failing to file 2005 and 2006 reports disclosing his business interests as required by law. The reports showed one of Leebern's businesses sold $90,000 worth of water to university system schools during those two years.

• Fined former Regent Tim Shelnut $40,000 for illegal campaign contributions made from the mid-1990s through 2004. Among other things, Shelnut acknowledged giving money to candidates under the names of friends and relatives to circumvent limits on campaign contributions.

In total, the ethics watchdog panel accepted consent orders from candidates, appointed officials and political groups totaling about $180,000 Thursday, a one-day record.

The realtors' case was based on a 2007 commission investigation that found the group - traditionally among the largest campaign donors to Georgia politicians - didn't disclose contributions for most of 2006.

Among the contributions not disclosed was more than $200,000 to an "independent committee" that ran media advertising in support of Lt. Gov. Casey Cagle, according to campaign reports. Cagle's campaign has denied any direct connection with the group, known as Realtors for Cagle.

The ethics commission has gotten more aggressive over the past few years in part because Gov. Sonny Perdue and state lawmakers increased funding for the panel. In fiscal 2005, the commission received about $700,000 in funding. Next fiscal year, which begins July 1, the panel's budget will be $1.78 million.

The money has helped the commission increase its staff. That increased staffing and the move to electronic filing have made it easier to audit reports filed by politicians, appointed officials and political action committees. In the past, the commission usually only investigated cases if a member of the public filed a complaint.

"Unless we're proactive as an agency, I don't think we're setting a proper example as a regulatory body," said William Jordan, the commission's chairman.

Not everyone at Thursday's commission meeting was impressed with the panel.

Todd Brandenburg, a former Medical College of Georgia employee who filed the complaint against Leebern, said the regent has failed to disclose his business dealings in past years that were not covered by the consent order.

With the agreement and the $37,750 fine, Brandenburg said, "I think you're giving him a huge pass."

Mark Cohen, Leebern's lawyer, disagreed, saying the agreement covered all the violations raised by Brandenburg's complaint.

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