BEFORE THE STATE ETHICS COMMISSION STATE OF GEORGIA IN THE MATTER OF * CASE NO. CONCERNED CITIZENS OF . 2018-0051 RICHMOND COUNTY TONIA GIBBONS, JAMES MCKINNON and HARDIE DAVIS, JR. CONSENT ORDER This matter comes before the State Ethics Commission (“Commission”) pursuant to a third-party complaint filed by Dave Barbee (“Complainant”) on May 22, 2018, against the Concerned Citizens of Richmond County. Prior to a final hearing on these matters, Hardie Davis, Jr. (“Respondent”), and the Commission agree to resolve the above-styled matter by Consent Order under the terms and conditions described herein. FINDINGS OF FACT The Commission received a third-party complaint from Dave Barbee which alleged that a group named “Concerned Citizens of Richmond County” purchased two billboards in the Augusta area and displayed messages that displayed “Vote Yes for James Brown Arena at Regency Mall”. The Complaint included picture evidence of the billboards. The Complaint further alleged that “Concemed Citizens of Richmond County” was operating as an unregistered ballot committee as no group had registered with the Augusta-Richmond County Board of Elections, the Georgia Secretary of State, nor the Georgia Government Transparency and Campaign Finance Commission. : Commission staff opened an investigation into the matter and determined that two billboards were purchased in the name of “Concerned Citizens of Richmond County” which expressly advocated for a question on the May 22, 2018 primary ballot for both the Democratic and Republican parties in the region. A subpoena was issued to Lamar Advertising, who owned the billboards, for information relating to the purchase of the billboard space. Lamar Advertising produced e-mail correspondence relating to the purchase of the billboards and ‘copy of the invoice and contract for the billboards. The e-mail correspondence was between agents for Lamar Advertising and James McKinnon (a manager for Cardinale Management, the owner of the Regency Mall property), Hardie Davis, jr, the former Mayor of Augusta, Georgia, and Tonia Gibbons, an employee in the Mayor’s Office. In response to an inquiry regarding ‘which graphic should be used for the billboards, a response from Respondent Hardie Davis, J. stated “Let’s go with the first template picture”. This led to the approval ofthe billboards that arethe subject of this Complaint. The invoice and contract totaling $3,959.00 was agreed to, and paid for, by Cardinale Management and the billboards ran through the election for when this question of where the James Brown Arena should be Iscated appeared on the ballot. When the Commission became apprised of the parties involved, the original Complaint was amended to include Respondents Hardie Davis, Jr., James McKinnon and Tonia Gibbons. In his response to the Complaint, Respondent Hardie Davis, J. denied organizing, creating or having any role in the creation of the group “Concerned Citizens of Richmond County”. Respondent James McKinnon, who is not a resident of Georgia, provided an affidavit in response to the Amended Complaint which admitted that he purchased the billboards from Lamar Advertising as part of his efforts on behalf of Cardinal Management to market the Regency Mall property for sale or lease, and not in association with any elected official, candidate for elective office, candidate committee ‘or unregistered ballot committee. After a preliminary hearing on this matter, Tonia Gibbons was dismissed as a party in the Amended Complaint. In this matter, Concerned Citizens of Richmond County should have registered as a Ballot Committee with the Augusta-Richmond County Board of Elections and subsequently should have filed a Campaign Contribution Disclosure Report (*CCDR” fifteen (15) days prior to the election taking place. Respondent Hardie Davis, J. maintains that he has defenses to the aforementioned findings of fact and his involvement in the ballot committee, but as he has left office and public li seeking now to move on and bring this matter to an end. Respondent further believes best interest to enter into this Consent Order to end this matter as opposed to continuing to litigate this matter over the coming years when he is no longer in publie office. CONCLUSIONS OF LAW ‘The Commission finds that Respondent Hardie Davis, Jr. violated the Georgia Government ‘Transparency and Campaign Finance Act in that: in his 1. Respondent violated 0.C.G.A. § 21-5-34(a)(2) when they failed to register with the Auugusta-Richmond County election superintendent as a ballot committee prior to the purchase of two billboards by Cardinale Management, the owner of the Regency Mall property in Augusta, Georgia. HOLDING In resolving this matter, Respondent hereby agrees to the following: Respondent must pay a civil penalty totaling $250.00 for violating the Campaign Finance Act. Respondent further agrees not to commit any further violations of the Georgia Government ‘Transparency and Campaign Finance Act and corresponding Commission Rules. Respondent represents that the foregoing findings of facts are true, accepts the conclusions oflaw, and further agrees to abide by all terms of this Order. By signing this Order, Respondent, waives any right to appeal pursuant to the procedures outlined in the Administrative Procedures Act (APA), O.C.G.A. § 50-13+1 et. seq. Failure to comply with the terms herein, absent a showing of good faith, will constitute a willful and knowing violation of said terms by Respondent. Respondent's failure to comply with said terms shall constitute a breach of this agreement and thereby authorize the Commission to seek enforcement action against the Respondent in Superior Court. The parties agree that all costs and attorneys’ fees incurred by the Commission in any enforcement action shall be assessed. against Respondent pursuant to 0.C.G.A. § 21-5-6(b)(14)(C) and are hereby deemed satisfied and paid in full upon the payment by Respondent Hardie Davis, Jr. of the $250.00 civil penalty. ‘The Commission adopts the foregoing findings of fact and conclusions of law and orders the implementation of the terms of this Consent Order. Edward Tarver Counsel for Respondent Order Prepared ay sseph M. Cusack ADeputy Director & General Counsel Georgia State Bar No.: 492674 SO ORDERED this day of 2023, State Ethies Commi BY: James B. Kreyenbubl, Chair