State ethics commission leaders are proposing a sweeping overhaul of the agency that would farm out some duties to a private attorney, hire a new auditor and lean more on the state attorney general for investigative help.
Commission Chairman Patrick Millsaps and Vice Chairman Josh Belinfante told The Atlanta Journal-Constitution on Friday that the changes -- which they'll present at an Aug. 5 commission meeting -- would help the agency operate more efficiently under a tighter budget.
The commission has faced criticism over the past year from lawmakers and government watchdogs who have complained that the agency has been shoddy in its interpretation of state ethics law and lax in its enforcement. But following a shake-up last month that saw the top two employees leave under pressure, commissioners are looking for a change.
Among the changes they'll recommend:
- Contracting with a private attorney to write advisory opinions and answer questions from elected officials, candidates and the public about what the law allows.
- Hiring a receptionist and an additional auditor to help oversee the filing of required reports and with the initial review of ethics complaints.
- Using the state attorney general's office for more assistance in investigating complaints.
The changes are necessary, Belinfante said, in an era of government austerity.
"We have to fix our budget," he said. The question is "how can we do that and still meet our statutory obligations."
Millsaps and Belinfante said the changes can be made at no additional cost. The board already lowered the next executive director's salary from $125,000 to no more than $80,000. It also eliminated a deputy director's position -- a savings of $122,000, including salary and benefits.
Current executive director Stacey Kalberman, who is staying on until her replacement is hired, agreed to resign after a dispute with the commission over the agency's budget and the status of several cases involving Gov. Nathan Deal. Her deputy's position was eliminated June 30. Millsaps said Kalberman's replacement could be named at the Aug. 5 meeting.
Belinfante said the contract lawyer -- who would be paid no more than $25,000 a year -- and the auditor and receptionist could be hired for less money.
Under the new proposal, the attorney general's office would play a much greater role in the commission's mission. While the state's top lawyer currently provides occasional guidance on investigations and acts as prosecutor for cases, the office would write consent orders for when a complaint is settled and present cases to the commission if it is not.
Attorney General Sam Olens has agreed to a 90-day trial period, Belinfante said.
The proposed changes received mixed reaction from people who follow commission affairs.
Rep. Joe Wilkinson, R-Sandy Springs, the chairman of the House Ethics Committee, said the plan is innovative.
"This is an excellent way to make the commission more effective and improve their services," Wilkinson said. "It will be more customer-friendly, and they are specifically addressing issues that have been of concern to many of us."
But Rick Thompson, a former commission executive director, said he sees problems with the commissioners' plans.
“I can’t envision this type of scenario ever working,” he said.
First, he said, it’s a mistake to use an outside lawyer working on a part-time basis to answer questions from the public.
“This is a complicated field, and to have somebody doing it part time doesn't sound very effective or efficient whatsoever,” said Thompson, who now owns a firm that helps candidates navigate the state's ethics laws and counts Deal as a client.
Thompson said he is also concerned about having the attorney general's office take on a larger role in investigations. In the past, Thompson said he ran into delays when he used the state's attorneys to help handle cases.
“It’s my understanding the attorney general’s office is extremely busy,” he said.
But Belinfante and Millsaps said Olens was not in office when Thompson led the agency. If the trial period works, it can be extended, they said. If it doesn't, they believe they'll have enough money left to make other arrangements.
William Perry, executive director of the watchdog group Common Cause Georgia, said he sees potential for success in the plan, but wants to see it in action.
"I'm reserving final judgment until it's out in a plan, but from what they're saying, it sounds like a great improvement," Perry said.
Perry particularly likes that the commission would separate its regulatory and investigative sides, which would allow candidates and officials to call the contract lawyer for assistance without worrying that they were turning themselves in for sanctions.
Belinfante said that was a goal because of the unique role the commission plays in providing guidance while also being charged with investigating ethics violations.
"It's very difficult to call the commission and ask for advice on how to handle a situation when you're calling the police officer, the prosecutor and the judge," he said.
Perry said he's been assured that the contract lawyer will not be a "political flunky" who would skew advisory opinions, which are formal determinations of the agency's interpretation of the law.
But whoever wins that contract must work at a firm that does no business at the Capitol, and has no lobbyists or lawmakers on staff, Millsaps and Belinfante said.
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