A judge ruled Friday, Aug. 19, the public is entitled to learn specifically what Augusta Mayor Hardie Davis Jr. spent campaign funds on when he said the money was used to fulfill his duties as mayor.
The Augusta Press filed suit in Richmond County Superior Court in May after the mayor contended that information was not subject to the state’s Open Records Act.
On Friday, Davis’ attorney Edward Tarver, in arguing the lawsuit should be dismissed, contended the information sought was covered by the state’s campaign ethics statutes and not the Open Records Act. Davis had already complied with what the law required to be disclosed about campaign finances. If The Press thinks more information should be provided, it should take the matter up with the state legislature.
But The Augusta Press’ attorney David Hudson countered the state’s Open Record Act says that information related to goods or services provided to or on behalf of a government entity is public record. That’s exactly what Davis said the campaign funds were used for, Hudson said.
In a response to a complaint filed with the Georgia Government Transparency and Campaign Finance Commission on March 2, Davis responded that four campaign expenditures were incurred in fulfilling his duty as mayor of Augusta. The commission has moved the complaint against Davis to the State Administration of Hearings to determine if any criminal or civil action to warranted, according to earlier reports in The Augusta Press.
The Augusta Press filed an Open Records request with the mayor April 28 for documentation of the campaign funds spent while fulfilling his duties as mayor. Specifically, the Open Records request sought documentations of a $858.38 credit card charge payment, a $1,500 charge payment, a $350 payment, and a $114.36 payment.
On Friday, Chief Judge Daniel J. Craig ruled in The Augusta Press’ favor, finding that Davis himself paved the way for making the information in the public’ interest when he responded to the Georgia Government Transparency and Campaign Finance Commission that certain campaign expenses were incurred in connection with his duties as mayor.
The question is what would move the campaign information into the arena of public record, Craig said. The state’s Open Records Act applies to two of the three branches of government — executive and legislative because those are the people’s branches of government, Craig said.
As recently as February of this year the Georgia Court of Appeals ruled what opens the door for public access is any act or representation that creates a legitimate public interest, Craig said. When Davis responded that he used the campaign money to fulfill the duties of his public office that opened the door.
The issue was clear, Craig said in saying the public is entitled to the documentation sought.
Tarver indicated to the judge Davis will appeal. Tarver asked for permission to file an appeal of Friday’s ruling while the case is pending. Craig said the case will no longer be pending as soon as he issues a written order.
