Former Augusta Mayor Hardie Davis has entered a consent order with the state ethics commission, admitting he broke state election law in a 2018 billboard case.
In the ethics complaint, called “In the Matter of Concerned Citizens of Richmond County, Tonia Gibbons, James McKinnon and Hardie Davis, Jr.,” Davis agreed to enter the consent order Friday. Gibbons and McKinnon are no longer respondents.
The complaint, the less serious of two filed against Davis during his second term, came about after two mysterious billboards appeared on Gordon Highway and Peach Orchard Road in 2018.
The billboards promoted Regency Mall as the best location for a new James Brown Arena, ahead of 2018’s non-binding Richmond County ballot questions about the best site.
The boards contained an election-style disclaimer stating they were paid for by “the Concerned Citizens of Richmond County,” although no group had registered a political committee by that name and none stepped forward.
Republican strategist Dave Barbee has said he filed the ethics complaint based on his knowledge of campaign reporting requirements and a desire to know who was behind the billboard campaign. The complaint contended the “concerned citizens” were operating an unregistered ballot committee.
The ethics commission opened an investigation and subpoenaed records from Lamar Advertising that showed Davis, his then-assistant Tonia Gibbons and Lamar officials engaging in email correspondence that to a contract for $3,959 to run them.
McKinnon, who represented mall owner Cardinal Management, told the ethics commission the company paid the bill for the billboards in its effort to market the mall property, according to the consent order.
The ballot questions had followed Davis’ months of efforts to negotiate a long-term lease of the defunct mall property from Cardinal.
McKinnon denied “organizing, creating or having any role” in forming the committee and didn’t pay for the boards in association with any candidate or committee, the order said.
Similarly, after a hearing, “Gibbons was dismissed as a party” to the complaint, it said.
In the consent order, which is signed by Davis, the former mayor maintains he has legal “defenses” to the claims, but has “left office and public life” and wants to bring the matter to a close.
It’s in his best interest to enter the consent order “as opposed to continuing to litigate this matter over the coming years, when he is no longer in public office,” it said.
Davis admits to violating O.C.G.A. 21-5-34e by failing to register the committee with the local elections superintendent, it states.
While a single violation of Georgia campaign finance laws can carry a fine of up to $1,000, the ethics commission fined Davis only $250 in the complaint.
He waives his right to any appeal and agrees not to commit further violations of the Georgia Government Transparency and Campaign Finance Act and corresponding ethics commission rules, it says.
Davis’ four-year ethics ordeal is unlikely to be over, as the second ethics complaint, filed in 2021, remains open.
The second complaint contended Davis violated campaign finance laws and rules by using campaign funds he had sometimes denied raising to pay personal credit card bills and other expenses seemingly unrelated to public office.
The complaint prompted a flurry of civil litigation filed by The Augusta Press to obtain documents showing how he spent the campaign money.
Susan McCord is a staff writer with The Augusta Press. Reach her at susan@theaugustapress.com
