Fresh Loaf

Lamar Willis

Last Monday, the AJC reported that Atlanta Councilman H. Lamar Willis owed the state about $44,000 in back taxes and fines.

Today, Secretary of State Karen Handel sent out a notice alerting the press that Willis has been hit with a $25,000 fine by a Fulton Superior Court judge for misrepresenting his scholarship foundation as a nonprofit charity when it was not.

I’m guessing none of this is going to help Willis get reelected next month.

You may recall that, two years ago, an AJC investigation indicated a number of financial improprieties on Willis’ part, many of them centered on his foundation. If the article’s allegations were correct, Council observers mused at the time, then Willis could end up being charged with tax fraud by the feds.

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You may recall that Secretary of State Karen Handel tried to implement a last-minute citizenship verification hurdle before last fall’s election that might have resulted in thousands, perhaps tens of thousands, of newly registered, likely Democratic voters being turned away from the polls.

She had her hands slapped by a federal three-judge panel, who said she needed Justice Department approval to carry out her scheme, and then by the Justice Department itself, which said her plan would be a violation of the 1965 Voting Rights Act. Here’s the department’s conclusions, from a letter sent to AG Thurbert Baker:

The state’s proposed procedures for verifying voter registration information are seriously flawed. This flawed system frequently subjects a disproportionate number of African-American, Asian, and/or Hispanic voters to additional and, more importantly, erroneous burdens on the right to register to vote. These burdens are real, are substantial, and are retrogressive for minority voters. As such, an objection based upon the state’s failure to establish the absence of a discriminatory effect is warranted.

That seems pretty cut and dried. And remember, that was before Bush left office.

But Handel is one partisan gal who doesn’t give up easily! On Wednesday, she asked the DOJ to reconsider its decision. Does that mean she made an attempt to rectify “the state’s failure to establish the absence of a discriminatory effect?” Pshaw!

From her press release:

“I do not believe there is anything discriminatory in verifying voter information and citizenship,” Secretary Handel said. “I strongly disagreed with the Department of Justice’s decision to deny preclearance. It is my hope that the Department of Justice will review this request, with the information and data provided, and grant preclearance to the State of Georgia for these verification processes.”

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Former Rep. Jeanette Jamieson, D-Toccoa

You remember state Rep. Jeanette Jamieson, D-Toccoa: She’s the veteran lawmaker who finally lost her 12th bid for reelection to a Republican challenger last year after it was revealed that she owed more than $45,000 in back state taxes. Did we mention that her day job is as an accountant and tax preparer?

Well, apparently, Attorney General Thurbert Baker didn’t think Jamieson’s gaffe was as funny as we did. According to Dick Pettys at Insider Advantage, Baker has charged his former House colleague with two counts of evading state income taxes.

Reports Pettys:

According to the announcement, count 1 alleges that in calendar year 2006, Jamieson had at least $127,000 in adjusted gross income, including income from her tax return preparation business and over $14,000 in income from her service in the Legislature, but had only $61.68 withheld from her income for state purposes and failed to file a state income tax return for the year.

Count 2 charges that during calendar year 2007, she had at least $61,000 in adjusted gross income but had only $85.08 withheld for state income tax purposes and failed to file a state return for calendar year 2007.

If convicted, she could face a possible sentence of one to five years in prison and/or a fine of up to $100,000 on each count.

The Georgia Department of Revenue has long been such a toothless, bumbling agency that’s a wonder anyone bothers to pay his state taxes. And I can’t remember the last time I heard of someone facing hard time for evasion of state income taxes. Which leads me to wonder if this high-profile indictment is intended to burnish Baker’s credibility among swing voters as a crusader for law and order — similar to his vigorous prosecution of Genarlow Wilson.

(Photo by Joeff Davis)

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Thurbert lays down the law

A month ago, the Georgia Public Service Commission voted 3-2 to elect Commissioner Stan Wise as board chairman for a two-year term, despite the fact that state law stipulates that the chairmanship is not an elected position. In fact, the law mandates that the chairman’s seat is supposed to rotate among PSC members annually.

Chuck Eaton, one of the two commissioners who voted against the move asked state Attorney General Thurbert Baker for a legal opinion on the maneuver. This morning, he issued a six-page opinion filled with legalese, footnotes and Whereases. You can read the PDF here. But we’ll offer a paraphrased version: “That shit was illegal as hell.”

Here’s Baker’s own executive summary:

Code section 46-2-5 is constitutional; the Commission does not have the authority to declare the statute unconstitutional; the Commission is not free to disregard the statute; the Commission may not select a chairman for a two-year term; and a chairman whose term commences on July 1, 2009, may serve beyond Jan. 16, 2010, only if there are no other commissioners eligible to serve as chairman.

In other words, the vote by the PSC was in direct conflict with existing state law. But then, they already knew this because they’d tried to get the law changed!

What happens now? I can’t imagine the PSC attempting to ignore the AG’s advice, but as we’ve seen, stranger things have happened.

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Actually, with bags under his eyes, the former governor didn’t look all that rested at his afternoon press conference today. Nor did he look like he’d been getting a lot of sun lately (although InsiderAdvantage chief Matt Towery, who was in the audience, was tan enough for everybody).

But Roy certainly seemed ready. Smiling, surrounded by his family, taking questions, cracking jokes — here was a guy who makes political campaigning look like fun. And the press corps was eating it up. Because now we’ve really got a race to cover.

Barnes’ entrance into the guv’s race will shake things up in a big way. Not immediately, mind you. All three announced Democratic candidates — state Attorney General Thurbert Baker, state House Minority Leader DuBose Porter and former this-and-that David Poythress — quickly sent out terse announcements saying they weren’t stepping aside. But come on. For months now, polls have shown that the front-runner’s slot was Barnes’ if he wanted it.

Now, after all the waiting, we know he wants it.

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Now that Roy Barnes has jumped in the 2010 governor’s race, where does that leave other Democratic challengers who’ve already announced their plans? Here’s what we’re hearing from little birds that land on our windowsill, chirp silly songs, and blurt rays of gossipy sunshine into our dark and twisted lives:

• Attorney General Thurbert Baker: Our tipsters tell us that Baker was apparently waiting to hear whether Barnes would run to decide a.) to bow out of the race and join a big-name law firm or b.) make a run for — hold on to your courageous haircuts — U.S. Sen. Johnny Isakson’s seat. Which, judging by Johnny Boy’s popularity in the state, might be the same as dropping out of public service. Longtime political gadfly Tom Houck, who recently floated the idea that retiring Georgia Supreme Court Chief Justice Leah Ward Sears might make a run for governor, relays an overnight rumor that Baker could get a Federal judgeship and drop out of the race. High-ranking Democratic Party officials say they’d like to see Baker in a statewide campaign, however.



• House Minority Leader Dubose Porter, D-Dublin: The state House veteran lightly ribbed Barnes when the former governor was reportedly still on the fence. From what we’re hearing, Porter still wants to make a run for governor. But he’s got a tough slog ahead of him. Pundits say it’ll take at least $3 million to run a primary campaign against Barnes. If you survive that battle, you better be prepared to raise as much as $12 million for the general election. There’s also talk Porter should make a go at Speaker.




• David Poythress: The Georgia National Guard Adjutant General is in it to win it, he says. Our tipsters said the same. He even took a shot at Barnes, calling him a “polarizing figure.”

How Barnes’ announcement affects downticket races remains to be seen. We’re hearing Labor Commissioner Michael Thurmond — “a team player,” one li’l birdie says — might make another run for his seat. He’d been rumored to be considering a run for lieutenant governor. “Whatever’s the best for the party, Thurmond will do,” our source says.

(Photos by Joeff Davis)

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Former Gov. Roy Barnes at the Jefferson-Jackson dinner

Last night’s installment of the annual Jefferson-Jackson Dinner was a sell-out despite the absence of a headliner. No Hillary, like last year, or John “Pretty-Boy Pariah” Edwards, like two years ago. Nor was it the cigar-chomping, wine-sloshing bacchanal I’d hoped it would be, following the Obama election. Labor Commissioner Michael Thurmond didn’t even break out his James Brown dance moves.

Not that anyone expected those things. Most folks came simply to bask in the good feeling of the successful national elections — and to see if former Gov. Roy Barnes would tip his hand regarding a possible bid for his old job. Roy was there, of course, and he made the rounds, but the best he could offer his well-wishers was that he hasn’t yet decided whether he’ll run.

The official gubernatorial candidates — Attorney General Thurbert Baker, House Minority Leader DuBose Porter and former state labor commissioner David Poythress — all took a turn onstage, but most folks in the Hyatt ballroom likely are waiting to see what Barnes will do.

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There must be something in the ventilation system over at the Public Service Commission that’s making those folks more than usually loopy. Yesterday, the PSC voted 3-2 to elect Commissioner Stan Wise as board chairman for a two-year term. There’s just one problem with this maneuver: It’s illegal as hell.

Bobby Baker

And it’s not as if PSC members can claim to be unaware of the law that mandates how chairmen are selected, because they tried to get the law changed during the recent General Assembly. That attempt failed; it appears this is their back-up plan.

Since 1992, Georgia law has called for the PSC chairmanship to rotate on an annual basis. Legislation sponsored by Rep. Don Parsons, R-Marietta, (but reportedly written by newly elected Commissioner Lauren “Bubba” McDonald) would have allowed the board to elect its own chairman for a three-year term. The bill passed the House, but stalled in the Senate.

As reported by the increasingly invaluable Atlanta Unfiltered, current PSC Chairman Doug Everett announced Monday that he was resigning from that post as of July 1. He then made a motion nominating Wise as chairman for the next two years, with McDonald to serve as vice-chairman. The motion passed 3-2, with members Chuck Eaton and Bobby Baker voting against it. Eaton has written a letter asking Attorney General Thurbert Baker to weigh in on the matter.

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That lovable gnome of a legislator, state Sen. Seth Harp, R-Midland, has finally decided which statewide office he’ll pursue in 2010. We’d heard last week that he was considering the attorney general’s post after current AG Thurbert Baker announced he would run for governor, but Harp has now told the Columbus Ledger-Enquirer that he’ll shoot for insurance commissioner.

“I want to make sure the people of Georgia are protected from unscrupulous companies and I want to make sure the good companies are also protected,” Harp said.

Harp has been one of our favorite state lawmakers because he rarely seems to give much thought to partisan point-scoring. During the just-ended 2009 General Assembly, for instance, he fearlessly advocated for Sunday alcohol sales while his GOP colleagues were hiding in the bathroom, getting lost on the way to committee meetings and finding any excuse to avoid voting on the issue. His efforts earned him a coveted Arnie Award this year.

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He’s got the funny sounding first name (á la Newt, Zell, Bubba, Saxby, et al.). And he’s got the down-state accent. So it’s little surprise that House Minority Leader DuBose Porter, D-Dublin, would decide it’s time to get into the 2010 governor’s race. We got this notification late Monday afternoon:

I realize a Democrat will have a hard time in what is seen as a red state. However I believe Georgia will look at the issues and if they find a candidate that represents their core values they will be willing to vote for a change in the Governor’s office. My work on the issues will carry me in Atlanta, but according to the pundits from the far right to the far left, it will take a candidate with my core values to connect with those outside of Atlanta.
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This session was a final straw. The infighting in the majority party dominated the session. I realized at the state’s Chamber of Commerce breakfast that when the three Leaders at the top could not be on the stage together long enough to take questions, the needs of this state had taken the back burner while the quest for power had become their goal. If you walk yourself through what happened this session, it is clear egos trumped policy. It is time for someone to be in the Governor’s office that doesn’t play into ego driven politics. It is not about power for one – but for all. (more…)

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This week seems to have gone by in a whirl, so let’s recap recent developments in various state political races, shall we?

The week began with buzz over an AJC article suggesting that former Gov. Roy Barnes is weighing a bid to reclaim his old office. Certainly, Barnes, a Marietta Democrat with a thriving private law practice, has been dropping hints in recent weeks that he’s eyeing the race. But doubters, who include many Democrats, guess he’d be unlikely to get back into a contest he lost so badly eight years ago, despite an overwhelming financial advantage. One theory has it that Barnes is pulling a Mario Cuomo – enjoying the attention that his Hamlet act is bringing, but will ultimately stay out.

That feeling was reinforced for some with the surprise announcement Thursday that Democratic state Attorney General Thurbert Baker is planning a run for governor. Some political observers believe Baker wouldn’t have entered the race without first clearing the move with Barnes. (more…)

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For the past several years, a lawsuit by an education watchdog group has hung like a sword of Damocles over Sonny Perdue’s head. Basically, the suit by the Consortium for Adequate School Funding in Georgia maintains that the state has shortchanged its schools to the tune of about $1 billion a year by willfully under-finding the Quality Basic Education program created by Perdue’s predecessor, Gov. Roy Barnes.

The Consortium, which is made up of more than 50 small and rural school systems, want the state to make up the difference – a proposition that could take quite a bite out of the state budget. Last year, the group – whose executive director is former Atlanta School Board President Joe Martin (brother of failed Senate candidate Jim Martin) – withdrew the suit from federal court after the case was transferred to a judge it deemed unfriendly to its cause.

That’s a very controversial move by any plaintiff because it invites the accusation of “venue-shopping” which is frowned upon in legal circles when it’s undertaken in such obvious fashion.

Now the group has bigger problems. On Tuesday, the AJC reports, Georgia’s not-so-esteemed Attorney General Thurbert Baker issued the opinion that it’s illegal for school systems to use taxpayer funds to sue the state. In other words, the Consortium itself isn’t supposed to exist, according to Baker.

What does this mean? Baker’s opinion doesn’t kill the lawsuit outright, but it will certainly make a court think twice about taking up a re-filed case without first reviewing the group’s legal standing.

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