Democrats want ethics panel member suspended
The Democratic Party of Georgia on Monday called on the newest member of the State Ethics Commission to suspend his own appointment to the panel.
Robert Proctor, an Atlanta lawyer appointed to the board last month, was ordered six years ago by the commission to pay a $1,000 fine, register as a lobbyist and file disclosure forms, but he has never done any of those things.
The Atlanta Journal-Constitution first reported the situation on Monday.
Proctor said he doesn’t have to do those things because he was never properly served notice by the commission. The situation leaves Proctor serving on a commission board while disregarding an order from that same board.
In January, Proctor was appointed to the commission by a longtime friend, Rep. Mark Burkhalter (R-Johns Creek), who was briefly speaker of the Georgia House. On Jan. 11, his last day as speaker, Burkhalter chose Proctor to fill a vacancy on the five-member ethics board.
The appointment “shows contempt for ethics in general,” said Matt Weyandt, executive director of the state Democratic Party.
“Republicans are paying lip-service to ethics reform,” Weyandt said. “We call on Proctor to suspend his assignment to the State Ethics Commission board until he submits to their authority and clears up his past ethical entanglements.”
Proctor’s case stems from an appearance he made before the state Senate Finance Committee in 2003. Proctor, an attorney representing a tax lien collection company called Vesta Holdings, spoke against proposed legislation that would hurt the profits of such companies.
A supporter of the legislation filed an ethics complaint against Proctor. In commission hearings, Proctor argued — and still argues — that as a practicing attorney he was allowed to speak at state hearings without registering as a lobbyist. Attorneys with the state attorney general’s office argued that Proctor was wrong. They said he was paid by a company to lobby the Legislature. The commission ruled against Proctor in 2004. He was ordered to pay the fine, register as a lobbyist, and file disclosure reports for parts of 2003 and 2004.
Proctor says he never received formal notice of the order, and therefore it is not legally enforceable. He doesn’t know why no one sent him the order. He learned about it years ago, he said, but took no action because “there is no legal mechanism for me to do so.”
Tom Plank, the commission’s interim executive secretary, said no one who worked on the commission at that time is still there today. He said he looked at the Proctor file and “it appears to be that service was never done.” He said if Proctor wasn’t served, he wasn’t sure the order could be enforced. Plank said the order appears to have been mislaid and forgotten. He could not say if other cases were also misplaced. Asked if the commission, which now has Proctor as a member, will reissue the fine, Plank said, “That will be up to the new commission.”
Teddy Lee, who served on the commission at the time and wrote the opinion, is retired. He did not return calls seeking comment.
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29 comments Add your comment
Alicia Kay
February 1st, 2010
5:33 pm
Having Proctor on the ethics commission is like having a Fox guard the hen house.
Proctor...for real?
February 1st, 2010
6:45 pm
This must be the GOP’s new “green initiative”…talk about recycling garbage, why in the world would anyone want to put Bob Proctor back in the spotlight. He’ll screw up anything for attention. Great move.
back roads
February 1st, 2010
7:18 pm
Sleeze…pure and simple
Winfield J. Abbe
February 1st, 2010
8:30 pm
This is completely unconscionable and disgusting. It does not matter if he was “served” or not. If he is now aware of the judgment against him he should comply with it and be forced to comply with it before being permitted to sit on this body. This appointment is an insult to every good citizen of this State. This illustrates how rediculous the law in Georgia is on service of papers. In Texas anyone can serve legal notice on anyone. Most governments in Georgia simply send a letter serving notice on people. But landlords and other businessmen who have taken bad checks, are forced to have the local sheriff deputy serve notice on tenants to be evicted or others. This is a total waste of money and time. The deputy only records most of them as “tacking” to the door even if the tenant is at home. But with “tacking” no money judgment can be awarded. All “service” is is handing someone a piece of paper. The disgusting law requires “personal service” to obtain a money judgment. But the deputy will not spend much time hunting down dead beats; so they often go unpunished and are encouraged to not pay bills with the aid of the law itself. Why is it necessary for a sheriff deputy to perform this function? It is slow, inefficient and expensive and unnecessary. While there is a provision in the law to use private process servers, a judge’s permission is necessary. Why? This lawyer is using technicalities to avoid being held accountable for patently violating the law. And now another legislator has rubbed salt into an already festering wound to the public by appointing him to the very board which rules he violated. This shows the public what these mostly former Democrats but now Republicans think about ethics; they have none. You cannot expect legislative bodies to police themselves. This must be done by citizens committees randomly chosen. The citizens of Georgia need to vote out every one of these good for nothing corrupt legislators and elect some new ones who will place the public interest above their selfish interest. And do not elect a single corrupt lawyer either. And do not donate one dime to any law school anywhere. We do not need any more unethical lawyers opeating in secret out of any citizen control.
The law must be changed to allow anyone to serve anyone else or simply send a certified letter. This must be sufficient to obtain a money judgment. Or, private process servers should be fully acceptable too. As usual laws are made solely for the benefit of government and the courts, not the citizens. Georgia government is a corrupt cesspool. The legislature should pass a special law revoking the appointment of this lawbreaker to this board and even demand his law license be revoked too.
Winfield J. Abbe, Ph.D., Physics
150 Raintree Ct.
Athens, Ga 30607
wjabbe@aol.com
Ricardo
February 1st, 2010
8:30 pm
Bob Proctor is a good man, despite the comments here. He has always been a champion of the “little guy”. I hope he stays on the Ethics Commission.
Winfield J. Abbe
February 1st, 2010
8:40 pm
Why do we need more lawyers appointed to such boards anyway? Why not any ordinary citizen?
This is an insult to every good Citzen of Georgia and shows again why the laws regarding service of papers must be changed. Let anyone serve anyone at anytime like Texas does or allow private process servers do the job. It is a total waste of time and money to require sheriff deputies to serve papers. Georgia government is a corrupt cesspool.
Jennifer
February 1st, 2010
9:25 pm
At least Bob Proctor comes to the commission with an open mind and keen intellect. Unlike other government players who have been in politics too long and are too eager to do favors for certain people, Bob Proctor is an attorney and a business man who has not been in the political spotlight and will decide cases fairly.
dmac
February 1st, 2010
9:51 pm
let me make sure I understand. Proctor was paid to lobby. He didn’t register as a lobbyist. He was fined for not doing so. But a mistake was made and he was never given notice to pay the fine. He knew he owed the fine. He never tried to correct the situation. Now he refuses to pay the fine and he thinks he’s qualified to be on the ethics panel. Good lord that’s funny. This shouldl go down in Georgia history as a classic example of low budget petty corruption.
Mlouth
February 1st, 2010
11:36 pm
Republicans DNA is crooked…
muddy waters
February 1st, 2010
11:47 pm
Republicans do arrogance so well.
Once a Republican
February 2nd, 2010
4:27 am
There isn’t an honest Republican politician to be found in GA. All they do is act as puppets for lawyers/bankers/developers/politicians of Georgia. We are about to put half in jail and run the other half out of GA. They’ve lined their pockets long enough. Georgians are about to see their taxes go off the charts.
Bitter EX democrackkk
February 2nd, 2010
5:49 am
…democrackkks are ALWAYS demanding that somebody ‘SUBMIT to their AUTHORITY’! Yep, the ORIGINAL ‘party’ of SLAVERY still de boss…
uberVU - social comments
February 2nd, 2010
6:14 am
Social comments and analytics for this post…
This post was mentioned on Twitter by GeorgiaDemocrat: GOP leaders are still completely unprepared to clean up their acts http://bit.ly/cuNr9U #corruption #ethics #gapolitics #politics…
Wonder why....
February 2nd, 2010
6:37 am
Wonder why Proctor was appointed by Burkhalter? Connect the dots, Burkhalter is part of the GA frat boys, up to their eyeballs in lobbyist money, influence, etc. Best appoint a lawyer who understands and appreciates the art of evasion through any legal means necessary. Case in point – Proctor knew that he owed the fine yet because of a technicality he was not going to pay the fine and still refuses to do so and feels he is “qualified” to serve on the ethics panel? We already understand Burkhalter and the frat boys. This is all we need to know about Proctor.
The Snark
February 2nd, 2010
9:05 am
Since when is Robert Proctor the “champion of the little guy”? He’s a sleazy phony out for the bucks. He postures as Mr Anti-Tax at the same time he’s representing Vesta Holdings — which enforces tax liens against people’s homes.
Will Jones - Atlanta Jeffersonian Exegesis
February 2nd, 2010
10:16 am
Public servants of the sovereign People must pursue only Righteousness, in Truth and Justice.
Those, as adults in the public trust, shown to be without integrity cannot be expected to be righteous.
Mark “Strippers at Daufuskie Island” Burkhalter, “good buddy” of adulterer, and violator of the Public Trust, Glenn Richardson, names hypocritical pervert’s pal to the Ethics Commission: “Bird of feather” Robert Proctor, friend of the corrupt rich, was board chairman of the “anti-gay,” “anti-Black” Southeastern Legal Foundation when Matthew J. Glavin, arrested and convicted for public lewdness after attempting to homosexually “fondle” a U.S. Park Ranger, was its president and CEO.
Perhaps the bewigged Matt Towery, another of the “Daufuskie 5″ will create “poll numbers” in an attempt to convince us this really isn’t the visible goings-on of the Roman Anti-Christ’s “Fifth Column,” and fascist plutocracy, in Georgia?
The People of Georgia, for G-d’s, and our children’s posterity’s sake, must sweep away this revealed Spirit of Evil upon Our State.
Who but that sort continues to mislead us as 9/11-committers Bush and Cheney, their fellows of the Gay Old Pervert party, continue to breath our good American air?
“Veangeance is mine,” saith the L-rd. Any G-d fearing, Creed believing Americans willing to help to “cast the Beast into the Pit?” It won’t be jumping in of its own accord.
Let’s Atlanta and Georgia lead America back to the Path of Righteousness as it looks like the president could use some more help in that regard.
AF
February 2nd, 2010
10:48 am
“Proctor says he never received formal notice of the order, and therefore it is not legally enforceable.”
Isn’t that just like a lawyer? Ethics are not about the letter of the law but the spirit of the law.
He just doesn’t get it.
The people of Johns Creek should remember that the man they elected to represent them has such a low opinion of ethics violations, appoints people to boards who thumb their noses at the purpose of the board.
I am afraid I am getting worried about the general ethics of Republcans. They had a speaker who had an affair with a lobbyist – they didn’t investigate. The speaker threatened an expouse with harrassment by state agencies; an abuse of power they didn’t investigate to determine if it occurred.
The least readers can do is write their state representatives to have this man removed – or, perhaps, insist that the first order of business he conducts as head of the ethics group is to issue the formal notice of the order so that he is required to pay.
That last would be a little poetic justice – and a show of respect by the new board member for the board on which he now sits.
Good grief. That last sentence is funny.
Tony Horn
February 2nd, 2010
10:48 am
An order not served on Mr. Proctor is not an order. Then serve it. A filed stamped original order should be in the file. If it can’t be located, then the present ethics panel with Mr. Proctor abstaining can issue a new order nunc pro tunc. It’s Latin meaning now for then. That will give the order a retroactive effect. Then serve it. If Mr. Proctor appeals the order, then he must recuse himself from future voting or imput on the panel until the appeal is decided.
Oh How FUNNYY!!
February 2nd, 2010
11:14 am
I never got served that I owe taxes – do I have to pay them?
Aaron Gould Sheinin
February 2nd, 2010
11:22 am
Tony, I’m afraid that just makes too much sense. Ridiculous!
Aaron Gould Sheinin
February 2nd, 2010
11:24 am
Oh how FUNNYY!!: You give that a try and let know how it works out. Maybe you’ll start a trend!
Mr. Grumpy
February 2nd, 2010
3:09 pm
Proctor represents the corruption and the hypocricy at the root of the family values Republican leadership in this state. When will you suckers finally wake up?
E. Lucy Date
February 3rd, 2010
12:09 pm
Once again, Proctor arrogantly proclaims his own made-for-the-moment “rule of law” and well intentioned folks, assuming he would not be so bold as to lie about such things, accept his declaration as true . . . even seeming to apologize for not having a sheriff serve a copy of the order on him. Once again, however, Proctor turns the rule of law upside down.
Proctor’s ethics proceedings were governed by the Administrative Procedure Act (OCGA§ 50-13-1 et seq.), including the following provisions:
“Each agency shall maintain a properly indexed file of all decisions in contested cases, which file shall be open for public inspection with the exceptions provided in paragraph (4) of subsection (a) of Code Section 50-13-3. A copy of the decision or order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or to his attorney of record.” OCGA § 50-13-17(b).
“No agency rule, order, or decision shall be valid or effective against any person or party nor may it be invoked by the agency for any purpose until it has been published or made available for public inspection as required in this Code section. This provision is not applicable in favor of any person or party who has actual knowledge thereof.” OCGA § 50-13-3(b).
According to these procedures, the order shall be published and open for public inspection. OCGA §50-13-17(b). The rules also require that a copy of the order “shall be delivered or mailed promptly to each party or to his attorney of record.” Finally, and most significantly, the rules provide that an order is effective if either: (a) it is published or made available for public inspection; or (b) the person or party has actual knowledge of it. OCGA § 50-13-3(b).
According to newspaper reports, the order was apparently served by mail and neither Proctor nor his counsel who represented him in the proceedings (i.e. Bradley Hutchins) has denied receiving the copy served by mail (i.e. one of the forms of service allowed by the statute). Under the rules, this should end the inquiry as to whether Proctor was bound, especially when Proctor has also admitted that for years he has had actual notice and knowledge of the order. To escape the consequences of ignoring his duties, Proctor claims that the Ethics Commission was required to effect personal service by a sheriff, and that its failure to do so means that the order has no effect. This is totally made up, and has no basis in the Administrative Procedure Act.
Seriously though Mr. and Mrs. Public, can you imagine having someone like Proctor enforcing (read this as re-writing or ignoring) the Ethics Rules? Heck, a monkey would do that better . . . and at least with the monkey, the public would not be duped into having any real expectations for this supposed “Watch-Dog.”
Will Jones - Atlanta Jeffersonian Exegesis
February 3rd, 2010
10:12 pm
E. Lucy Date for Governor! A lawyer not needing to be hanged.
February 3rd, 2010
12:09 pm
Lobaszco
February 4th, 2010
11:47 am
Proctor had six ethics complaints filed against him. The
commission talked the complainant into dropping five of the complaints because Proctor would be too difficult to deal with and would appeal the issue stating that they were abusive. So Proctor got a break right up front. Proctor has caused a tremendous amount of pain to the poor, elderly and uneducated in Fulton Cty by taking their properties in illegal manners, while knowing the corrupt sheriff’s system would go along with him. Proctor is associated with at least two offshore money laundering entities: BANKATLANTIC and FOXWORTHY,INC. (ATLANTA – BELL CAPITAL) which have been found by the federal government to be engaged in extensive money laundering. They used their overseas accounts to “juice” the local authorities into turning our courts into nothing more than criminal enterprises. Proctor works also in the area of real estate appraisal law, that’s why the judges he works with have low taxes on their houses and commercial properties – - – another form of bribery and corruption. The State Ethics Commission is a sham and hears what they want to and covers up the rest. That’s why Atlanta is a safe haven for criminals. The crime rate just didn’t sorta happen here. The territory was ripe. The statue in front of the State Capitol is of an individual who directly caused the murder and hanging of Leo Franks, who fired up the KKK in Georgia, who the Federal Government tried to have put in jail for obscenity and who advocated “home rule”, otherwise just take the matter into your hands. Thats repesents who is sitting down at our Capitol answering your complaints with form letters. LOOK. Proctor has caused a lot of suffering in Fulton County to people who were much weaker than him, who is backed by tons of laundered money. Proctor is a scourge.
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February 5th, 2010
6:06 pm
[...] This post was mentioned on Twitter by Tim Alborg, Tim Alborg, Georgia Democrat, Georgia Democrat, Georgia Democrat and others. Georgia Democrat said: GOP leaders are still completely unprepared to clean up their acts http://bit.ly/cuNr9U #corruption #ethics #gapolitics #politics [...]
GOP and proud of it
February 9th, 2010
6:52 pm
Maybe the morons on the panel never served the papers because they knew Proctor would win on appeal. Their case did not stand a prayer……and he had no way to appeal without the papers being served. You complainers all sound like whining dummacrats
E. Lucy Date
February 11th, 2010
10:49 am
Efforts to make this into a Republican versus Democrat is pure dissembling (look it up). We the people are sick of corruption whether it is perpetrated by Republican, Democrat, Independent, black, white, brown, man, woman, Jew, Christian, Buddhist, Muslim, Atheist, etc. Let those be damned who would cast us apart while we pursue this common and urgent goal.
We are staying. Those who are corrupt are leaving. They are no longer welcome, and if they know what is good for them, they better start heading out of town (out of the country) while the getting is good.
E. Lucy Date
February 11th, 2010
10:51 am
When the Ethics Commission convenes to review the Richardson matter, Burkhalter’s new appointee to the commission, Robert Proctor, will be one of the five commission members participating. In or around 2004, after Proctor was caught in numerous instances of lobbying without registering, he was ordered to register and fined for violating the ethics laws in an order entered by the Commission in November 2004. He did neither. Proctor said he does not have to comply with the ruling of the Ethics Commission because he is a lawyer, and lawyers are not bound by the ethics laws.
Included in the Commission’s records which can be obtained under the Georgia Open Records Act are notes of a conversation in which Proctor tells what appears to be a staff member of the Commission that he was unaware of U95-2 (the Unofficial Opinion of the Attorney General which states that lawyers are not exempt from the lobbyist rules). Proctor is then quoted as stating that the AG opinion “didn’t matter because the AG is just another attorney.” When Proctor was then asked whether he was familiar with the definition of “lobbyist” under OCGA 21-5-70 he is quoted as stating that “he didn’t ‘give a sh_t’ what it said because he was not regulated by the 21-5-70 he is only regulated by the Supreme Court and the GA Bar Association.”
Proctor or his clients companies (e.g. tax collector Vesta Holdings) contributed tens of thousands of dollars to Burkhalter and Richardson who sponsored or helped Vesta Holdings pass a great deal of legislation that was much needed to grease the enterprise’s machinery for (literally) kicking elderly folks, widows, and orphans out of their homes and properties.
Looks like Richardson has nothing to worry about!