DEL.ICIO.USState legislator sponsors bill for his industry
Some see conflict of interest but it’s not illegal
The Atlanta Journal-Constitution
Monday, March 23, 2009
A state House leader is sponsoring a bill this session that would make it easier for his industry to sell houses.
State Rep. Jay Roberts (R-Ocilla), chairman of the House Majority Caucus, is pushing HB 516, which would prohibit Georgia communities from putting restrictions on modular homes, which are built off-site at a factory.
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Roberts is a manager at Georgia Modular Systems, of Fitzgerald, a maker of manufactured homes, duplexes and townhouses.
The lawmaker said he doesn’t consider working on the issue a conflict of interest.
“I don’t own a plant, but I do work in a plant,” he said. “I’ve thought about it, but nobody understands this issue. Nobody understands this business.”
He said his company does not sell many houses in Georgia.
“This won’t benefit me at all,” he said.
On his financial disclosure form, Roberts lists himself as an employee of Georgia Modular Systems. In an interview Friday, Roberts would not specify his position at the company, only saying he worked “in management.” He previously was a vice president at another modular-home business.
Only a few Georgia cities, including Gainesville and Duluth, have zoning rules that restrict modular homes, but the issue has come up across the United States.
Roberts’ legislation stems from a legal battle that arose in 2005, when Gainesville officials stopped a local modular-home builder from finishing several homes in the city. Grant Smerecznsky, owner of Building Systems Network LLC, sued, and the issue is pending in the courts.
He approached Roberts and Steve Snyder, executive director of the Modular Building Systems Association in Harrisburg, Pa.
Smerecznsky said he has never used Roberts’ company as a supplier, but he would if he had the chance.
He said he does not think Roberts is serving his own interests with the bill. He said Roberts is simply standing up for an industry that he believes is being discriminated against by some communities because they think modular means mobile homes.
“He’s doing what an elected official should do,” Smerecznsky said. “He’s doing something for the people.”
Gainesville Mayor Myrtle Figueras would not comment, citing the court case. Councilman Danny Dunagan also said he could not comment on the case, but said of the bill, “I have a real problem with a legislator pushing legislation that directly affects his business. I think that’s kind of unethical.”
Rick Thompson, executive secretary of the Georgia State Ethics Commission, said nothing in the state Ethics-in-Government act prohibits a lawmaker from submitting legislation related to his own business.
Snyder said he called Roberts to talk to him about the issue. Asked in an interview who lobbied for the issue, Snyder said, “I did.”
Thompson said lobbyists for an industry “are required to register and report if they undertake to promote or oppose legislation.”
Told about this later, Synder said he initially misspoke. He said he talked with Roberts and provided him copies of similar legislation in other states, but he did not come to Georgia and lobby. Snyder is not registered to lobby in Georgia.
Snyder said he was thinking of flying down for debate on the bill last week, but he decided not to because, “I thought this whole thing was taken care of.”
Asked about Roberts pushing a bill affecting his business, Snyder said, “I get that, but there is nothing diabolical here. I need a legislator who understands our industry. He said he’d be happy to do it.”
Synder said Roberts “really did a great job for us. I would hate to see this guy get mud on him.”
Roberts’ bill has passed out of the House and is now under consideration in the Senate.
Just before it passed, however, opponents of the bill submitted an amendment that weakens its authority over local zoning. The change, Snyder said, “makes the bill worthless to us.” Roberts said he is now trying to change it back in the Senate.
Al Outland, spokesman for the Georgia Municipal Association, said the group was concerned the bill would overrule local zoning, but the amendment allayed their concerns. If the amendment stands, the organization is neutral on the bill, he said.
Roberts isn’t the only lawmaker to introduce legislation this session about his own industry.
Rep. Clay Cox (R-Lilburn) filed legislation to limit oversight of the private probation business. He is CEO of a large private probation company. After The Atlanta Journal-Constitution wrote about the bill, Cox pulled it and said he is reworking it.
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