State ethics commission chairman Patrick Millsaps said Friday he will not resign over a dispute surrounding his appointment, but he has set in motion a search by the governor for someone to succeed him.
Then-Gov. Sonny Perdue first appointed Millsaps, a Camilla lawyer, to the commission in February 2009. Gov. Nathan Deal reappointed him in February of this year. In the past few months, however, questions have been raised about whether Millsaps' reappointment violates a state ban on commissioners serving more than one "complete" term.
Millsaps said at Friday's meeting -- where commissioners also agreed to a major overhaul of the agency's operations -- that those concerns could have validity.
"Whether I served a full term under Governor Perdue or not, I’m not going to let this issue sidetrack the exciting things we’re going to talk about today," Millsaps said.
Millsaps wants Deal to allow him to continue to serve as a Perdue appointee. The law allows members, whose term has expired, to continue to serve until they are replaced. In essence, Millsaps said, his Deal appointment is nullified by the fact that he apparently served an entire term under Perdue.
Deal spokesman Brian Robinson said the governor will honor Millsaps' request.
"Chairman Millsaps has asked Governor Deal to begin the search for his successor," Robinson said. "The governor will do so under his regular procedure for board appointments. The chairman will continue to serve until the governor has decided upon the proper person to fill this important post."
George Anderson, executive director of the Rome-based Ethics in Government Group, said Millsaps is violating state law by continuing to serve. Anderson filed a complaint with the commission this week charging Millsaps with violating the law.
Despite what Millsaps said at the meeting, he still needs to go, Anderson said.
"You accepted a term from the new governor, and you're saying I can just nullify that and continue as a Perdue appointee," Anderson said. "I don't know if, after the barn door is open, you can do that.
"To make this thing work, you should walk away from the commission today," he said.
William Perry, executive director of watchdog group Common Cause Georgia, isn’t as concerned.
“I admire the decision he made,” Perry said and believes it was proper.
The commission took no action on Anderson's complaint.
But the panel did agree to make major changes in how the agency is run. As The Atlanta Journal-Constitution first reported in July, the agency will be divided into two sections -- one to handle allegations of ethics law violations and one to collect and audit reports that candidates and elected officials file several times a year.
The commission had to make changes to survive amid ever-shrinking budgets, Vice Chairman Josh Belinfante said.
The panel, without a vote, agreed to:
- Contract with a private attorney to write advisory opinions and answer questions from elected officials, candidates and the public about what the law allows.
- Hire a receptionist and an additional auditor to help oversee the filing of required reports and with the initial review of ethics complaints.
- Use the state attorney general's office for more assistance in investigating complaints.
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 Deal. Her deputy's position was eliminated June 30.
The changes will take place once the new executive director is hired. Commission member Kevin Abernethy said Friday that they have narrowed the pool of applicants and will begin interviews soon.
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