The Augusta Press has filed two lawsuits seeking a judge’s order to obtain financial documentation that Augusta Mayor Hardie Davis Jr. contends are not subject to disclosure under the state’s Open Records Act.
The first of the Richmond County Superior Court civil lawsuits, both filed on Wednesday, May 25, concerns the Mayor’s Masters Reception and names as defendants the Mayor’s Reception, a registered non-profit, the mayor and Tonia Gibbons, who is listed as the chief executive officer of the Mayor’s Reception in Secretary of State’s records.
The second lawsuit concerns Davis’ response to a complaint filed with the Georgia Government Transparency and Campaign Finance Commission. Davis stated that certain expenses were incurred in connection with his duties as mayor of Augusta.
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Both lawsuits, which only represent one side of a dispute, contend the sought-after financial documents are covered by the state’s Open Records Act. The lawsuits seek the documents in question, fines of $1,000, which is a possible legal penalty for violating the state’s Open Records Act, and attorney fees incurred in the litigation.
According to the first lawsuit, The Augusta Press filed an Open Records request on April 21 with Gibbons and Davis seeking documents showing who donated money for the Mayor’s Reception and how much the donations were for, including documentation of matching contributions and the expenditures of public funds for the past three years.
The April 21 request also asked for copies of the reception’s financial ledger and expenses for the same time period, as well as for copies of minutes of the past three board meetings, including the names of those who attended, and a list of officers for the Mayor’s Reception.
There has been no compliance with the request, according to the lawsuit, nor with a May 11 Open Records request seeking documentation of the goods and services provided for the Reception by the city along with a list of elected officials and/or city employees holding positions with the Mayor’s Reception. The second request also asked for copies of any written agreements between the city and the Mayor’s Reception.
The Augusta Press contends in the lawsuit that the Mayor’s Reception is covered by the state’s Open Records Act because it provides a service or a function on behalf of the city in addition to receiving more than a third of its funds from the city coffers, and it has an address matching the city’s Municipal Building.
The second lawsuit names only Davis as the city’s mayor as a defendant. It contends an April 28 Open Records request has not been complied with. In that request, The Press sought documentation of money he spent money from his campaign contributions account in furtherance of his duties as the mayor of Augusta.
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Specifically, the Open Records request seeks documentation of a $858.38 credit card charge payment on March 2, 2020, a $1,500 charge payment on Sept. 15, 2020, a $350 payment to U.S. Sen. Rafael Warnock’s campaign Jan. 4, 2021, and a $114.36 Facebook account payment on May 31, 2019.
The Augusta Press contends documentation of those expenses is covered by the Open Records Act because Davis claimed the expenses were related to the “fulfillment” of his mayoral duties.
According to earlier reports in The Augusta Press, in March, the Georgia Transparency and Campaign Finance Committee moved a complaint against Davis to the State Administration of Hearings to determine if any criminal or civil action is warranted regarding Davis’ use of campaign funds.
The Augusta Press reporter, Scott Hudson has also been reporting on the finances of the Mayor’s Reception, an annual event free and open to the public during Masters’ Week, including a report that contributions could have totaled to $100,000 last year.
Sandy Hodson is a staff reporter covering courts for The Augusta Press. Reach her at sandy@theaugustapress.com.Â
