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Qualifying Error Cause of Late-Filing Fees for Brookhaven Candidates

All candidates in Brookhaven's election may have also been erroneously fined. Mayoral candidate J. Max Davis is the only one whose fine has been deleted.


Brookhaven mayoral candidate J. Max Davis' late-filing campaign contribution disclosure fine was deleted from the Georgia Government Transparency and Campaign Finance Commission's website on Tuesday morning.

Each of Brookhaven's four mayoral candidates had outstanding fines of $125 for not filing their campaign disclosure reports by Sept. 30, which does not apply to the Brookhaven special election. These erroneous fines were likely the result of a filing schedule error, according to the commission's executive director.

Brookhaven Patch received a forwarded email from Davis that was originally sent to him from Holly LaBerge, the executive director of the commission.

The email read:

Hello Mr. Davis;

Per our phone conversation this morning, you do not have a late fee for the September 30, 2012 EY CCDR.  You qualified for a special election and would follow that reporting schedule, not the regular election year schedule.  If you have any further questions, please let me know.

Regards,
Holly

In a follow-up call, LaBerge said DeKalb County qualifying officers "entered everyone as qualifying for the general (election), which is incorrect. That is not what Brookhaven is holding."

Brookhaven is holding a special election, which means candidates are required to file their campaign contribution reports by both deadlines of Oct. 28 and of Jan. 8, 2013 to avoid $125 late-filing fees.

Since the Sept. 30 deadline for filing campaign contribution disclosure reports is required for those candidates in the general election, not Brookhaven's special election, any late-filing fees for the Sept. 30 deadline would be inactivated, LaBerge said.

She said the candidates will need to call the commission to get the fees inactivated.

"We'll respond as quickly to them as we can. We're severely short-staffed. It probably won't happen the day they called," LaBerge said.

LaBerge said Davis is the only candidate who has contacted her, and he called her Tuesday (Oct. 23) morning.

"It just so happened that Mr. Davis called this morning at a time when I was sitting at my desk, was not on the phone and was able to take his phone call and was able to take care of his right away. It's not necessarily going to happen with everybody else. It's just going to depend upon what we're in the middle doing when somebody calls," she said.

However, for candidate Sandy Murray, there are two other outstanding fines of $125, for a total of $250, which could still stand since her campaign for State Representative of District 80 is showing as active under one name and terminated under another. The ethics commission website is showing that she did not file her personal candidate financial disclosure report by the June 8 or Aug. 30 deadlines while running for state representative.

UPDATE: Murray filed a personal financial disclosure statement on Oct. 7. However, Murray's campaign manager Tim Alborg said that due to "a clerical error," her financial statement was filed as covering the year 2011, instead of 2012.

The other mayoral candidates have different situations which led to their ethics violation fines.

In the case of candidate Larry Danese, for example, the commission website shows that he did file a campaign disclosure report on Oct. 16, which would have been deemed late for this erroneous filing deadline in the Brookhaven Special election, but actually is late for the deadline required by candidates for DeKalb County Commissioner. Danese had qualified to run for District 1 commissioner in DeKalb, and the commission site shows this campaign as active.

Danese was defeated for this seat in the Georgia Primary election, and he is not on the Nov. 6 ballot for DeKalb County District 1 commissioner. Danese still has an additional outstanding fine of $125 for not disclosing a report of his campaign for District 1 DeKalb County Commissioner.

Danese said he tried to e-file the termination of his commissioner campaign, but there was a technical glitch. He went to the state ethics commission in person and there was directed to take a class about filing campaign disclosure reports.

"In all honesty, I knew more about it than my instructor, who wasn't able to help me," Danese said. "I did my best to rectify that mistake, and I wasn't able to. I was mesmerized by their reluctance to just answer my question and instead had me go to a class."

Danese said he has paid the fine, despite not agreeing that he should have had to do so.

Candidate Thom Shepard also filed a campaign contribution disclosure report on Oct. 15, also late for this incorrect filing deadline which does not apply to the special election.

 

Brookhaven Patch will continue to report the details as we receive and uncover them.

Roger That October 23, 2012 at 04:28 PM
So, is this DeKalb being inefficient, exclusionary, catalytic, or just more DumbKalb?
Grace D. October 23, 2012 at 04:43 PM
If all the Sept. 30th fines are in error, it bothers me that Sandy Murray's other 2 fines were levied because she didn't disclose as required when she was running for State House a couple of months ago. Why would she be so careless or, at best, forget to file?
Watchdog October 23, 2012 at 04:52 PM
Bear in mind that some of the candidates (all positions) have also not filed Personal Financial Disclosure Statements, which are required.
Grover Clearview October 23, 2012 at 04:54 PM
Dekalbs mistake aside, Sanndy has an outstanding fine from her failed campaign for failing to file personal financial disclosure. She owns that failure. Also Sandy has accepted campaign $$ from a developer who would do business in Brookhaven. Sandy represents the people who fought our opportunity to vote on our new city. Sandy is being used by the hard core No City people.
Grace D. October 23, 2012 at 05:07 PM
Sandy Murray didn't file her Personal Financial Disclosure according to the ethics site. What other candidates?
Henry Orvin October 23, 2012 at 06:09 PM
The most dangerous weapon on earth -- A Dekalb county employee with a computer!
Watchdog October 23, 2012 at 06:11 PM
This is not a mistake by Dekalb. This is a State government function/commission under the Secretary of State.
Watchdog October 23, 2012 at 06:13 PM
I will leave that to the the individual to find out for themselves. If you believe it is relevant, then you should check the website for yourself to see about the candidates important to you. That way, I misrepresent no one. There has been too much of that already!
Grace D. October 23, 2012 at 06:58 PM
"However, for candidate Sandy Murray, there are two other outstanding fines of $125, for a total of $250, which could still stand since her campaign for State Representative of District 80 is showing as active under one name and terminated under another. The ethics commission website is showing that she did not file her personal candidate financial disclosure report by the June 8 or Aug. 30 deadlines while running for state representative." This is what bothers me.
Jack of Kings October 23, 2012 at 07:30 PM
I find the personal attacks by Murray on Davis reprehensible. I understand that a candidate does Hail Mary passes when they know they are losing, but to declare some one is corrupt and making infantile photo shop alterations of a candidate for a mailer is not the way to go. I understand from an attendee at the Forum last night that in the 5 minute introductory presentation given by Murray, she focused on slamming Davis directlyand actually shocked some of the audience. No other candidate stooped that low. I am sorry, but if Murray demonstrates this distasteful level of behavior BEFORE possibly winning office, I can only imagine how shameless she would be in dealing with the Council members, City Manager and Police Chief that disagree with her.(albeit probably behind closed doors). Ms. Murray, you obviously have a nice war chest with all your signs and mailers, but your contributors to your campaign include a firm involved with zoning in Dekalb. Could that firm be a possible vendor? Are there any other possible vendors on that list?
HamBurger October 23, 2012 at 07:39 PM
Mr. Phil, I really like the part about an attendee told you . . . Well, an attendee told me that she saw you talking to Mr. Jim. Were you apologizing for your continued accusations that he is HamBurger? Regardless of J. Max Davis’s distasteful and shameful behavior, I am still voting for him! Since you were there, is it true that things got a little hot for him because of statements by two candidates? Special hamburger and a Cheerwine?
Grace D. October 23, 2012 at 07:51 PM
For Ms. Murray's 2 other fines, there doesn't seem to be a qualifying error. Is that correct Patch?
Eddie E. October 23, 2012 at 07:59 PM
What? Incompetence at the Secretary of State's office? Who would have ever dreamed of such a thing.
Eddie E. October 23, 2012 at 08:00 PM
What if she is just doing her duty and reflecting the feeling many of the voters have for davis?
Guisseppe 'Gotta' Sausage October 23, 2012 at 08:04 PM
Does Sandy have a political consultant?
Guisseppe 'Gotta' Sausage October 23, 2012 at 08:10 PM
http://landslyde.com/team/ Landslyde, LLC P O Box 79543 Atlanta, GA 30357 08/17/2012 Expenditure consulting $0.00 $1,000.00 Landslyde, LLC P O Box 79543 Atlanta , GA 30357 09/02/2012 Expenditure consulting $0.00 $2,500.00 $3,500, that'sa lotta sausage! Who? Possibly, esteemed counsel and sitting DeKalb House of Representative Dar’shun Kendrick Dar’shun Kendrick is the owner of Kendrick Law Practice, which is based in Lithonia, Georgia. She practices in the area of business law. Dar’shun is a graduate of Oglethorpe University, where she double-majored in political science and communications, graduating cum laude. She also attended Kennesaw State University, where she received a Master of Business Administration degree, and the University of Georgia School of Law, where she received a Juris Doctorate degree. In 2010, Dar’shun was elected one of the youngest members of the Georgia House of Representatives and she currently represents DeKalb and Rockdale Counties. http://landslyde.com/team/ I'ma gonna aska the nice lady Sandy Murray 'bout dis!
Watchdog October 23, 2012 at 08:22 PM
Please verify this yourselves at the government website, and of course, there could be legitimate reasons for the information to be lacking, but according to the website, the following candidates, by district, have NOT filed personal financial disclosure statements: Mayor - Only Larry Danese has NOT filed District One - All candidates have filed District Two - Only Larry Hurst has NOT filed District Three - Candidates Mattison, O'Donnell, and Podgor have NOT filed District Four - NO candidates have filed
Guisseppe 'Gotta' Sausage October 23, 2012 at 08:25 PM
Mebbe dis nice younga man knows somting: Mr. Erik Zeil wassa Campaign Manager in Cali: http://www.theliberaloc.com/2008/05/29/ca-42-inside-the-ron-shepston-campaign/ He only gotta $1750: Still a lotta sausage... http://media.ethics.ga.gov/Search/Campaign/Campaign_ByExpenditures_RFR.aspx?NameID=18041&FilerID=C2012002394&CDRID=74097&Name=Murray,%20Sandy%20&Year=2012&Report=15%20Days%20Before%20Special%20Election%20-%2011/06/2012
Grace D. October 23, 2012 at 08:28 PM
HamBurger, It seems you may have intentionally overlooked Ms. Murray's real ethical problem and resulting fines. Do you have any comment about that specifically?
Guisseppe 'Gotta' Sausage October 23, 2012 at 08:31 PM
The fines are essentially irrelevant, easy to get. The SOS Office is understaffed, sometimes newbies wait until the last minute, and if the computer stalls, the fine is automatic. Look at the disclosures to see the true grit of any pol. Sandy is a Dem,with ties to the DeKalb establishment, as I showa you, below.
Grace D. October 23, 2012 at 08:31 PM
"Watchdog" did please add to your list- "However, for candidate Sandy Murray, there are two other outstanding fines of $125, for a total of $250, which could still stand since her campaign for State Representative of District 80 is showing as active under one name and terminated under another. The ethics commission website is showing that she did not file her personal candidate financial disclosure report by the June 8 or Aug. 30 deadlines while running for state representative."
Watchdog October 23, 2012 at 08:38 PM
I'll stand corrected for Mayoral candidate Larry Danese - he does have a 2011 report on file - I misconstrued the search results. And that show why you should look this stuff up yourself.
Watchdog October 23, 2012 at 08:42 PM
And my intent is not to show who got fined. As we have seen, that can clearly be in error. My concern is "Is the information available?".
HamBurger October 23, 2012 at 09:42 PM
Ms. Grace, I am sure you or someone else will tell us shortly! Special hamburger and a Cheerwine?
Just wondering October 23, 2012 at 10:12 PM
Eddie E. "4:19 pm on Tuesday, October 23, 2012 What if she is just doing her duty and reflecting the feeling many of the voters have for davis?" Good thing some of the other candidates have enough class not to say how a MAJORITY (not any) of voters feel about Sandy. She is a joke and her mailings and personal attacks show that she is losing big time. She is a desperate bomb thrower!!
No City Sandy October 23, 2012 at 10:14 PM
Still hear the crickets chirping.wher is all the hyperbole and righteous indignation from the regular crew? Their posting on this subject has been noticeably absent except for when they thought j.Max was just as guilty as Murray. When their hopes were dashed they forgot their regular routine of posting all day about who is transparent and corrupt etc. Just admit your politics aren't based on real morals or principals,but rather a series of emotional and irrational tactical moves. Just say something about Murray's fines and lack of disclosure and move on. Eddie? Carl? Burger? Freddie K? Kestrel?Telford?Enuff? ....Buehler....Buehler..?
Just wondering October 23, 2012 at 10:16 PM
Hamburger, after reviewing the filings on-line, i am still looking for these over reaching campaign contributions to Mr Davis. Please outline these Major contributions from potential vendors so we can all see the millions he has received!!! Sorry, didn't happen like you had wished. Glad you are still voting for him though.
Thom Shepard October 24, 2012 at 06:54 AM
Watchdog, You incorrect on several counts. First this is not the Secretary of State office. It is the Georgia Government Transparency and Campaign Finance Commission office, unofficially refered to as the State Ethics Office. Second is looking like the problem was caused by someone in DeKalb County government acting as the official for the City of Brookhaven elections. If it turns out it is in fact the Voter Registration and Elections Office of DeKalb County it would be the second error on their part for this election. The first error was when they informed candidates they were the official receiver of the State Ethics Office form DOI which should be filed before receiving any campaign contributions. They actually provided this form, requested it be turned in and copied and returned it to candidates despite the fact that this practice is no longer proper procedure. I have come to expect such disregard for state law in the BOC and executive branches of the Dekalb Government but I really did not expect such in the voting and qualifying office. It is a shame this seems to have been a distraction for many of the candidates. Thanks again DeKalb.
Roger That October 24, 2012 at 10:04 AM
DOH!
Watchdog October 24, 2012 at 03:03 PM
Thom, thanks for correcting my error. As I said, If folks are interested, they should check fort themselves. And I agree, I am tired of these quibbledicks and their supporters going on about peripheral issues, and not the things that really matter.

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