Ethics in Government Group
A Non-Profit Organization
George Anderson, Consultant
Email:
211 Saddle Mountain Road
Rome, Georgia 30161
Cell Phone: 706-290-4499Home/Office & Fax: 706-232-3753
March 24, 2010
State Ethics Commission
200 Piedmont Avenue/ Suite 1402, West Tower
Atlanta, Georgia 30334
Formal State Ethics Complaint filed against House Speaker, David Ralston:
Violation of the following, pursuant to 189-3-.04 Expenses Incurred Through or By Third Parties, (a) If a candidate or campaign committee pays for goods or services directly or indirectly by using a credit card merely as a conduit through which funds are paid to an end-recipient, the expenditure must be itemized and shall be shown on the campaign contribution disclosure report”…:
1. (1) State Representative, District 7, David Ralston, failed to disclose the following:
A. name of the person to whom the credit card was issued
B. (4) name of each end-recipient and occupation if an individual
C. (5) complete mailing address of each end-recipient
D. (7) description of the goods or services provided by each end-recipient with sufficient detail to identify it as a lawfully authorized use of campaign funds. “Session Housing” is provided as expenditure purpose.
However, the CCDR’s do not clearly & distinctly disclose dates of “Session Housing” in order for one to know that no other purpose was covered by campaign funds that is an “ordinary & necessary” purpose for one to campaign for and full fill the duties of elective office.
NOTE> June 30, 2008 CCDR discloses American Express payment of $2,457.67. The CCDR does not itemize the expenditure nor identify where the campaign funds were spent.
NOTE> Elected representative, Ralston, has spent approximately $24,000.00 of campaign funds to stay over in Atlanta, Georgia, over the last 4 years, which, comes to approximately $6,000.00 each legislative session of the General Assembly.
2010 elected House Speaker Ralston does not have a problem with using OPM {other people’s money}. How can the people of the Great State of Georgia expect this free-spending elected official to guide the House of Representatives in being thrifty with taxpayer funds during this downturn of the State economy?!
Please NOTE other lodging used by Ralston at the following “expensive” hotels:
1. Wyndam Garden Hotel, 04/21/2009, Food & lodging, expenditure of $5,168.09 listed on June 30, 2009 CCDR.
2. Wyndam Garden Hotel, 02/17/2009, Food & lodging, expenditure of $2066.38 listed on June 30, 2008 CCDR.
3. Wyndam Garden Hotel, 01/20/2009, Food & lodging, expenditure of $422.19
4. Courtyard-Cumberland Hotel, 12/23/2008, lodging, expenditure of $767.86 listed on December 31, 2008 CCDR.
5. Courtyard-Cumberland Hotel, 11/24/2008, lodging, expenditure of $362.16 listed on December 31, 2008 CCDR.
6. Wyndham Garden Hotel, 03/24/2008, Lodging-2008 Session, expenditure of $5,629.60 listed on March 31, 2008 CCDR.
7. 2007 CCDR’s are not listed but average the same amount of exorbitant expenditures & should be examined.
8. Marriott Marquis Hotel, 04/29/2006, unreimbursed lodging expense 2006 session, expenditure of $3,563.92 listed on June 30, 2006 CCDR.
9. Butternut Creek expenditure, of $2,425.00, on 10/16/2006, for stated purpose of “Fundraiser Expense” should be examined listed on October 25, 2006 CCDR.
11)) Payments by Credit Card.
(a) If a candidate or campaign committee pays for goods or services directly or indirectly by using a credit card merely as a conduit through which funds are paid to an end-recipient, the expenditure must be itemized and shall be shown 5
on the campaign contribution disclosure report in the time period it is incurred. (b) The campaign contribution disclosure report shall identify the name of the person to whom the credit card was issued, the name of the credit card company, as well as each end-recipient, and shall include the following:
1. name of the person to whom the credit card was issued;
2. name of the credit card company and complete mailing address;
3. lump sum amount paid to the credit card company;
4. name of each end-recipient and occupation if an individual;
5. complete mailing address of each end-recipient;
6. amount of the payment to each end-recipient;
7. description of the goods or services provided by each end-recipient with sufficient detail to identify it as a lawfully authorized use of campaign funds
Authority O.C.G.A.. §§ 21-5-3, 21-5-6, 21-5-34. History. Original Rule entitled “Expenses Incurred Through or By Third Parties” adopted. F. Feb. 22, 2000; eff. Mar. 13, 2000. Amended: F. Aug. 28, 2002; eff. Sept. 17, 2002. Amended: F. Dec. 18, 2007; eff. Jan. 7, 2008. 189-3-.05 Reimbursement of Expenses. (1) If a candidate or a campaign committee reimburses a person directly or indirectly for goods, services, or anything of value which was paid for on behalf of the candidate or campaign committee, it must be itemized and shall be reported as an expenditure on the campaign contribution disclosure report for the time period in which the reimbursement is made. All extensions or advancements of credit are subject to the contribution limits except as otherwise provided in O.C.G.A. §§ 21-5-41 and 21-5-42. (2) The campaign contribution disclosure report shall identify the person receiving reimbursement, as well as, each end-recipient and shall include: (a) name, and occupation if an individual, of the person receiving reimbursement; (b) complete mailing address; (c) lump sum amount paid; (d) name, and occupation.
Violation of 189-3-.01 Campaign Contribution Disclosure Reports
Several of State Legislator Ralston’s CCDR’s disclose Owner or Business Owner for Occupation & Employer. This in violation of the following:
189-3.01(1)(a)(2) “the individual’s occupation”
189-3.01(1)(a)(6) “the individual’s employer”
CCDR’s, just over the last 4 years, are incomplete, concerning contributor required information/documentation.
The State of Georgia Ethics in Government Act requires full disclosure.
OCGA 21-5-2 specifically states, “the public must have reasonable access to the disclosure of the significant private interests of the public officers of this state”.
OCGA 21-5-34 (b)(1)(A) & OCGA 21-5-34(b)(1)(B) require all reports to be complete as to what is required by the “Act” and the Rules & Regulations set down by the State Ethics Commission. Contribution reports & expenditure reports, by State Representative, David Ralston, are in violation of State law.
I formally request that this Complaint be set down for an investigation, preliminary Meeting & Formal Hearing.
Sincerely,
George Anderson
EIGG Director