What's Happening in State Government?

Just to give you a headsup on an issue that on the surface looks like it only affects you and the General Assembly. I believe this also affects you at the local level, i.e. School Board, County Commission, and Municipal.

I've attached a commentary from the Political Vine web site, and it has commentary from a leading law firm. Please pay attention.

"Two days ago, the Georgia Government Transparency and Campaign Finance Commission (formerly known for 25 years prior to 2011 as simply "Georgia State Ethics Commission") issued an advisory opinion that greatly expanded the definitions of "lobbying" and being a "lobbyist" in this state.

And, despite the hue and cry from ethics lawyers, legislators and other parties about how the 2010 overhaul of the Ethics in Government Act was never intended to go this far, by a vote of 4 in favor to 1 against, the Commission voted to expand the lobbying law as follows...and PV excerpts the subject brief issued by Stefan Passantino of McKenna Long on these new interpretations:

"...anyone appearing before a public official to advocate a position on legislation - even if done on a single visit or if done in the context of invited legislative testimony - will be considered to be a “lobbyist” by the State of Georgia regulatory body. This will mean that any business owner or employee acting on behalf of a client will be required to register as a lobbyist before advocating a position on legislation to Georgia public officials such as members of the General Assembly.

"The ramifications of this interpretation of existing law are dramatic and must be heeded immediately. Under Georgia’s newly imposed registration scheme, registration fees for lobbyists have been increased to $300 annually plus $10 for every additional client added plus $20 for each lobbyist badge issued.

More importantly, the penalties imposed for failure to register and file mandated disclosures have increased significantly under the new law with potential penalties of up to $10,000 for each report the “lobbyist” fails to file. With lobby registrations now being due twice per month while the General Assembly is in session, failure to understand and comply with the Georgia Government Transparency and Campaign Finance Commission’s interpretation of existing law can result in crippling penalties and compliance costs.

Thus, commencing immediately, clients with employees who communicate with Georgia legislators need to examine their agents’ conduct and political law compliance protocols. The scope of the State’s interpretation expressly includes, but is not limited to:

* Any formal or casual meetings with members of the General Assembly at the Capitol or other locations in which legislation is discussed;
* Testimony before a House or Senate committee, even if invited, unless that testimony is 'unbiased' and is offered solely 'for the purpose of educating the members of any agency or governmental entity in the consideration of an issue;'
* Participation in 'Capitol Day' events, unless done as an uncompensated member of a trade association and not as an employee of a business; and
* Letters, emails or other correspondence to members of the General Assembly related to legislation."

What I think this means is if you come to see me about something the City is planning to do, and you do anything except try to educate me, i.e. if you say vote against that item or if you send me an email or telephone me advocating for an item--you are considered a lobbyist and must register as such, paying the fees and making the reports required. The fines assessed if you don't are high. As I read the advisory, it doesn't apply to elected officials.

Just a thought--did anyone read the U. S. and Georgia Constitutions. Apparently, some feathers have been rustled, and free speech is out the window.

Chairman Special Election

Your chance to make a difference in Gwinnett County comes on March 15, 2011. We will elect a new Chairman of the Gwinnett County Board of Commissioners.

Absentee voting is underway, and early voting at the Elections Office on Grayson Highway will start next week. Your regular polling place will be open from 7AM to 7PM on March 15, 2011.

While I don't usually endorse a particular candidate, I want to take this opportunity to recommend Charlotte Nash for Chairman. I do this for three major reasons: the job requires a person that can be up to speed on day one after the election, the job needs a person of integrity, and the job needs someone who knows Gwinnett County and Gwinnett County Government. Charlotte is the person for the job.

Join me in supporting and voting for Charlotte Nash on March 15!

What's up in the Georgia General Assembly

HB 87 is on the floor and by the time you read this, it may have passed the house. HB 87 is an immigration bill. The bill contains language that allows for example a 21 year old college student in LaGrange to sue Dacula official if that student thinks that a city official, agent, agency or the like is not carrying out the provisions as written in the bill. In other words the bill as written gives anyone in Georgia who is at least 21 years of age standing to sue any municipality, county or school system.

Here is a copy of an email that I sent to each of our member of the Gwinnett delegation about this matter. Several have responded, but I'm unsure if they understand my local concern about litigation costs. How can a local government budget for such contingencies? What amount and where will the money come from?

Mayor Wilbanks,
Thanks for your comments and concerns. This section of the bill was thoroughly debated by the committee and discussed in Rules. If you will do those things that are outlined in the bill to comply with the law the threat of a law suit will be diminished greatly. I believe the bill to be very straightforward.

Tommy Benton
Georgia House of Representatives
District 31

________________________________________
From: Jimmy Wilbanks [mailto:mayordacula@charter.net]
Sent: Thu 3/3/2011 7:51 AM
To: 'District 100 Honorable Brian Thomas'; Brockway, Buzz; Pak, BJ; Casas, David; Clark, Valerie; Sheldon, Donna; Harrell, Brett; 'District 107 Honorable Len Walker'; 'District 108 Honorable Terry England'; Mills, James; Benton, Tommy; 'District 51 Honorable Tom Rice'; Mitchell, Billy; 'District 95 Honorable Toney Collins'; 'District 96 Honorable Pedro Marin'; 'District 97 Honorable Brooks P. Coleman, Jr.'; Clark, Josh; 'District 99 Honorable Hugh Floyd'; 'District 41 Honorable Steve Henson'; 'District 45 Honorable Renee S. Unterman'; 'District 47 Honorable Frank Ginn'; Shafer, David; Miller, Butch; Thompson, Curt (CR); Butler, Gloria; Balfour, Don
Subject: House Bill 87, Illegal Immigration Reform and Enforcement Act of 2011, Rep. Matt Ramsey
Gwinnett Representatives and Senators,

Good morning, thank you for your service to our varying communities in Gwinnett County and to the State as a whole.

I’m sure that everyone want to see a comprehensive plan to secure our borders and deter illegal immigration. I have some problems with the language in HB 87, in particular the provision that provides that anyone 21 year of age or older can sue any local government for some perceived failure on the part of local agencies and/or officials to adhere to the language and intent of HB 87. Simply complying with the intent of HB 87 will cost local governments, and the unknown costs of litigation makes this bill unworkable at the local level. Unworkable, because local commissions, boards, and councils will not have any idea of what budget figure should be plugged in for potential litigation costs. I guess the best example of these unintended costs might be compared to requests for open records. Members of the General Assembly may know of cases where disgruntled members of the public have made numerous requests for records—just for the sake of disrupting the process. A similar situation might develop if HB 87 is passed as written.

Should HB 87 appear on the floors of your respective houses, I request that you make sure that the language in the bill is straightforward, clear and limits litigation costs and damages at the local level.

Thank you,



Jimmy Wilbanks
Mayor
442 Harbins Road
P. O. Box 400
Dacula, GA 30019

At The Center of Georgia's Innovation Crescent

City Hall:770.963.7451
Mobile: 770.560.0867
Fax: 770.513.2187



Representative Benton, who does not represent Dacula, was kind enough to respond. However, I am not convinced that the unintended consequences of the language in the bill is wise--diminished lawsuits--one unneeded and unnecessary lawsuit is too much.

I know you have read about abusive uses by the public of requests for public records. I'm afraid that HB 87, as written, will encourage such abuse.

What's up in the Georgia General Assembly

I'm going to cover some bills in several posts that you might like to know about. As usual, the General Assembly is attacking those issues that most of us see as a problem like illegal immigration, taxes and the like. Some times I'm astounded at how our representatives and senators approach these issues.

House Bill 109 addresses the problem of lobbying (not by lobbyists but by city employees). I'm not sure that a constitutional law can be crafted that deprives citizens (including city employees) of their right to free speech. If you have an opportunity, talk to your representatives about this bill. I am opposed on the basis of free speech. By the way this one was introduced by Rep. Mark Hamilton (R-Cumming).

Senate Bill 40 introduced by Senator Jack Murphy (R-Cumming) calls for the removal of local officials (but not state officials, I would guess) for failing to enforce the Security and Immigration Compliance; Public Contacts law. The punishment for local officials could be removal from office, a fine of up to $10,000 and possible criminal investigations.

While we all decry the lack of federal enforcement of immigration laws and lax border enforcement, should failure to use the E-Verify and SAVE programs at the local level require removal of local county commissioners and mayors. What about state representatives and senators who don't provide any resources to help local government comply?

I favor stricter immigration laws at the state level, but don't put the onus on local officials for federal and state failure. I oppose this bill as written. Ask you local representatives to vote against this bill as it comes to the House and Senate floors.

House Bill 87 introduced by Rep. Matt Ramsey (R-Peachtree City) would require local governments to identify illegal aliens and allow police agencies to detain said aliens. One provision of the proposed act would allow anyone over the age of 21 to file an action against any official or agency or subdivision of the state if they feel that the official or agency is not complying with the act. It also requires that cities that issue business licenses or occupational tax certificates provide an annual report identifying each license and/or certificate issued by the city.

No funding to support any of the acts required is provided in the proposed law. My question to legislators and to the public is how do you budget for the potential litigation and who pays for the audit reports?

Gwinnett County Commission Chairman Special Election

The choice of a new Gwinnett County Board of Commissioners Chairman will be made on March 15, 2011. This is a most important election. I encourage you to vote in the Special Election.

Absentee voting will begin on February 14, 2011, and Advance voting will be held at the Gwinnett Elections Office at 455 Grayson Highway in Lawrenceville on March 7-11, 2011. Regular precinct voting will occur on March 15, 2011 at your regular polling place.

The last day to register to vote in the Special Election is February 14, 2011. You may obtain a voter registration form from the Dacula City Hall, any library branch or request one from the Elections Office.

We need to elect a person of proven integrity who will be able to lead the Board of Commissioners without a lengthy learning process. I am voting for Charlotte Nash. I believe she has the set of qualities that Gwinnett County needs. I hope you will join with me and cast your vote for Charlotte Nash.

A Look Back at 2010 and Forward to 2011

Remember all those old adages or old sayings you mother used with you as you were growing up. You remember them I’m sure. Here is a sample: “An apple a day keeps the doctor away.” “Don’t cross your eyes, they might stick that way.” “A penny saved is a penny earned.” “A stitch in time saves nine.” “Early to bed, early to rise, makes a man, healthy, wealthy and wise.” “Birds of a feather flock together.”

We probably look back and laugh at our mother’s advice—especially when it was given in the words of others (Ben Franklin comes to mind) and in such pithy, terse form. We also may wish that we had paid more attention. Mothers kept our best interests out front. She warned of what might lay ahead. I can imagine that as you read this, you wonder what old adages have to do with a New Year’s article.

Every January I’ve made resolutions that are hard to keep. I resolve to eat less/exercise more. I resolve to work harder and smarter, to cooperate more fully with colleagues, to organize better. We all make these resolutions. So why do I look so overweight and flabby in my pictures? Why am I sometimes stubborn with colleagues, disorganized, why do I do things the same old way?

The answer is probably for the same reasons that you don’t keep your resolutions--lack of focus. Focus—we have lacked focus. It’s not that each of us shouldn’t make resolutions. On the contrary, the New Year is a season for new beginnings, black budgets, flat stomachs, organized calendars and the like.

January is a month that lets us look back as well as ahead. Let me focus on our achievements as a City during 2010, and then suggest some focus on what we will attempt in 2011.

In 2010, the City had eleven major goals that included improvements in transportation, facilities and enterprise funding. In transportation, we completely finished four of five goals by rebuilding portions of Broad Street near Dacula High School including the sidewalks. We resurfaced and stripped Stanley Road and Elvina Court. The City repaired a street failure on Majestic Circle, and resurfaced Rutherford and portions of West Drowning Creek Road. On our final transportation goal the safety improvements on Second Avenue, the City is almost complete on this project. Your favorable vote on the 2005 and 2009 extension of SPLOST initiatives made these project completions possible. We appreciate your vote for these penny sales taxes. We are spending the SPLOST funds in just the way you voted for the projects and in just the way you said they should be spent. Our focus and progress is apparent.

The City has completed two of the six goals involving facilities including increasing the parking in the Historic Downtown Dacula along Wilson Street. The City added several new street lights in certain parts of the City. We are making progress with other projects like our new Maintenance Facility on Drowning Creek Road, a sewer line from the Stanley Road pump station, planning sidewalk connections between Publix and the Cornerstone area. Several of these projects involve construction, obtaining easements and other longer-term activities. So they will be continuing as goals for 2011. Again much of this has been made possible by your support of the SPLOST initiative. The City also made progress in solving a continuing problem with our sanitation enterprise fund. The City made excellent progress in meeting 2010 goals by narrowly focusing on these projects, most of which are included in the short-term work program of our Comprehensive Plan.

So what will the City be focusing on in 2011? Well, we will roll over those goals not fully reached in 2010, i.e. the downtown project. I believe you will agree that the looks of downtown have been vastly improved, and finishing this project will be done early in 2011. The facilities projects just beginning in 2010 will be rolled into 2011 goals including completion of the Maintenance Facility, disposal of the old City Hall will be considered, additional sidewalks will be constructed. Additionally, we expect to go to bids on the widening of Freemans Mill Road, and we expect to complete the acquisition of land and the building of a park in Historic Downtown Dacula to anchor our new downtown look and to bring back the historical gathering-place in Dacula. We are focusing on continuing our balancing of tax-base between residential and commercial in this critical economic time. The Kroger Development will come on-line near the end of February bringing with it new jobs for our community and an improvement in the commercial tax base. The City is also working on the development permit for a new Chick-Fil-A which will also bring additional jobs to the community.

We can’t do everything. But by being focused, we can do a lot. The Council and I, working with our staff, pledge to keep our focus on the things that will make Dacula a stronger community—a place to live, work and play. We appreciate your support in 2010. For 2011 our wish for you at this time of the year is to have a Happy New Year and a great life!

An interesting web address

Click on the following URL about the Dacula zipcode demographics.

While we don't all live inside the corporate limits of the City of Dacula, all of us who share a Dacula mailing address get lumped together. The information provided at the link gives a limited description of who we are.

Click on the graphics for more information.