The state ethics commission dismissed a complaint against Gov. Nathan Deal in February, the Atlanta Journal-Constitution has learned, but others -- including one more than two years old -- are still pending. And the commission refuses to say whether the outstanding cases are close to being resolved.
Commission staff on Feb. 24 told government watchdog George Anderson that his complaint regarding Deal's appointment of a commission member had been dismissed. A letter from commission executive director Holly LaBerge explained the case had been dismissed because "there is no basis for proceeding with this complaint" under the state's ethics laws. The complaint was filed in September.
But a number of other complaints, including one Anderson filed in March 2010, have yet to be acted upon. LaBerge, in an email to The Atlanta Journal-Constitution, last week said the "other complaints filed against Deal are still open cases and therefore it is not appropriate for me to comment on the status of them."
Those complaints dealt with a variety of allegations, all centered around Deal's successful bid for the office in 2010. The complaints question whether Deal personally profited from his campaign's aircraft rentals, whether he improperly used state campaign funds for legal bills related to a federal ethics investigation and whether he accepted campaign contributions that exceed limits for political contributions. Violations of the state ethics laws typically result in fines, although criminal charges can be brought in extreme cases.
Deal's campaign lawyer, Randy Evans of the McKenna Long law firm, has called the complaints frivolous. Based largely on reporting by the AJC, the complaints ultimately led to a shake-up at the commission that delayed the investigations.
May 3 is the one-year anniversary of an attempt by former commission executive director Stacey Kalberman and her top deputy to issue subpoenas to Deal's campaign for records. The commission itself, however, never agreed to sign the subpoenas and they were never served. The dispute between staff and the commission led to Kalberman agreeing to resign while her chief investigator's job was eliminated.
The commission hired LaBerge in August. Three of the five members of the commission are appointed by the governor, one is named by Senate leaders and one by the speaker of the House.
Instead of issuing the subpoenas, the commission asked the Deal campaign to voluntarily turn over records. Evans said last week that the campaign has complied.
"Yes, we are providing information as requested," Evans told the AJC. "As you know, many complaints (none meritorious) were filed. As we move through the process and work through the claims, we provide information as requested. Our commitment remains that the same since information validates our position on the various claims."
But Evans would not provide details about what has been provided. A spokesman for Deal referred questions to Evans.
It's time for the commission to act on the complaints, and beyond time for it to update the public on their efforts, said William Perry, executive director of Common Cause Georgia, a government watchdog group.
"It’s in the best interest of everyone involved, especially the governor, to quickly and thoroughly resolve the cases," Perry said. "Certainly, because so much public information is out there that makes these particular cases unique and it would seem appropriate for the commission to give some sort of update."
About the Author
