Georgia Government Transparency and Campaign Finance Commission complaint on Oz Nesbitt, Page 2

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2 Georgia Government Transparency and Campaign Finance Commission complaint on Oz Nesbitt, Page 2 On or about Friday, July 20 th, it was discovered that Willie H. Burks of Resergens Risk Management held a fundraiser on Thursday, June 7 th, for the purpose to re-elect Rockdale County Commissioner Osborn (Oz) Nesbitt. Resergens Risk Management was to provide space and for the fundraising event with a minimum contribution of $300. According to Mr. Nesbitt s June 31 st quarterly disclosure this inkind contribution was not listed as a contribution. This is in direct violation of O.C.G.A (b)(1)(A) which reads: O.C.G.A (b)(1)(A): (A) As to any contribution of more than $100.00, its amount and date of receipt, the election for which the contribution has been accepted and allocated, along with the name and mailing address of the contributor, and, if the contributor is an individual, that individual's occupation and the name of his or her employer. Such contributions shall include, but shall not be limited to, the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the purpose of raising campaign contributions for the reporting person; To further complicate this matter Commissioner Nesbitt voted to approve a contract between Resergens Risk Management and Rockdale County on July 24 th, at the regularly scheduled voting session of the Rockdale County Commissioners. As proof of these allegations I offer the following documents: Invitation from Commissioner Oz Nesbitt to a fundraising event hosted by Willie H. Burks on June 7 th, located at: Resergens Risk Management 1201 Peachtree St. NE 400 Colony Square, Ste 1730 Atlanta, GA This document indicates that space and food will be provided by Resergens Risk Management for Mr. Nesbitt s fundraising event. This contribution was not listed on Mr. Nesbitt s June disclosure as required by O.C.G.A Commissioner Nesbitt s July 31 st financial disclosure contributions filed with the Georgia Government Transparency and Campaign Finance Commission. Any contribution from Willie H. Burks or Resergens Risk Management is absent on this report. O.C.G.A in its entirety indicating the violation in ethics.

3 News paper articles from July 24 th and 28 th reporting where it was discussed that Commissioner Nesbitt did not disclose the in-kind contribution from Resergens Risk Management at the weekly Rockdale County Board of Commissioners voting session: Rockdale Citizen, July 24 th, Rockdale News, July 28 th, Video of Rockdale County Board of Commissioner s voting session where it was discussed that Commissioner Nesbitt did in fact have a fundraising event at Resergens Risk Management s office located at above address. Discussion on this topic starts at 22 minutes and 28 seconds into the video where the Rockdale BOC contemplates a contract with Resergens Risk Management.

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6 Campaign Reports Search Georgia Government Campaign Finance Commission of... Page 1 of 1 8/6/ Search Campaign Search By Name Search By Office Type Search By Contribution Search By Expenditure View Campaign Report Log Search Other Reports Business Transaction Reports Campaign Reports Personal Financial Reports & Affidavits Lobbyist Reports Late/Non-Filer Reports Vendor Gifts Reports CFC Main Search CFC Home Page C A M P A I G N C O N T R I B U T I O N D I S C L O S U R E R E P O R T - C O N T R I B U T I O N S Name: Nesbitt Sr., Osborn FilerID: C Year: Report: June 30th - Election Year Contributor's Name Brown and Caldwell 1697 Cole Blvd Golden, CO CH2M Hill Inc S Jamaica Street Englewood, CO Ronnie Few 2560 Lantern Lane College Park, GA Centennial Resorts, LLC Centennial Olympic Pkwy Conyers, GA Georgia Better Government Fund 8601 Dunwoody Place, Suite 318 Atlanta, GA ESG Operations, Inc Peake Rd Macon, GA The Collaborative Firm, LLC 1514 East Cleveland Ave. Ste 82 East Point, GA James Grover III PO Box Conyers, GA Michael D McCauley 3513 Spring Valley Ct. Mountain BRK, AL Hogan Construction Group 5075 Avalon Ridge Pkwy Norcross, GA Premier Crematory 495 A Smyrna Rd Conyers, GA Arizona's 2940 Stonecrest Circle Lithonia, GA PAC Affiliation / Occupation / Employer Fire Rescure Personnel AL Fire Department Executive Corey Retired Retired Return Received / Type/ Election 04/16/ 06/12/ 06/12/ 06/15/ 05/31/ 03/15/ 06/05/ 06/07/ 06/01/ 05/30/ 05/30/ 06/15/ In-Kind Description In-Kind Cash Amount Amount $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $1, $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $300.00

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11 Rockdale Citizen Conflict of interest alleged in upcoming contract vote Page 1 of 2 8/9/ Conflict of interest alleged in upcoming contract vote Want daily summaries and Breaking News alerts? By Aimee Jones (527) Monday, July 23, Copyright Rockdale Citizen CONYERS -- The Rockdale County Board of Commissioners is slated to vote on a contract today for a company that appears to have contributed to two of the commissioners' campaigns for reelection. The BOC is scheduled to vote on a contract with Resurgens Risk Management during today's public meeting. The county would hire the consulting firm for $60,000 a year to provide employee insurance and benefits. Previously, Conyers-based NuVision Financial Corporation provided this service for the county. However, according to information provided to the Citizen by BOC Post 1 Republican candidate Sam Smiley, Resurgens hosted a fundraiser for Post 1 Commissioner Oz Nesbitt in June. Suggested contributions ranged from $300 to $2,500 for the June 7 fundraiser held at the Resurgens offices on Peachtree Street in Atlanta. According to campaign disclosure reports, Resurgens Risk Management also donated $250 on May 31 to Chairman Richard Oden's campaign. On June 4, Oden refunded that donation. Attempts to reach Nesbitt were unsuccessful by presstime. A call to Resurgens CEO Willie Burks was also not returned by presstime. Oden said when contacted by the Citizen on Monday that he did not think it was a conflict for him to vote on the contract. "My campaign handles that kind of thing," he said. "There again, that should not happen any time any company enters into the process with the county. We caught that and sent that back." When asked if he would accept any future contribution from Resurgens, Oden said, "I don't know. They haven't asked." Despite the refunded contribution, the commissioners' political opponents say these actions represent a clear ethics violation. Smiley, who also runs the political watchdog group, BOCWatch.org, said he routinely pulls campaign disclosures for both Oden and Nesbitt and was aware of the $250 contribution by Resurgens to Oden. "When I saw the item on the agenda for Tuesday's meeting, it threw up a flare, so I started doing Internet searches and came across Oz's invitation to the fundraiser," Smiley said Monday.

12 Rockdale Citizen Conflict of interest alleged in upcoming contract vote Page 2 of 2 8/9/ He said he believes both Oden and Nesbitt should recuse themselves from the vote on the contract because it represents a "very clear conflict" and could be a violation of the state ethics code since Rockdale County does not currently have an ethics ordinance. "Oden did take a contribution from Resurgens," Smiley said. "Five days later he returned it, but it does not mean they won't contribute to his campaign again." Tom Harrison, who will be facing Smiley in the July 31 Republican primary race for Post 1 commissioner, agreed that the actions represent a clear violation of ethics. "The bottom line is it is very inappropriate," he said. "It is inappropriate for anyone who is doing direct business with the county to make donations during campaign season. I don't care how you look at it." Brian Jenkins, who is challenging Oden in the Democratic primary, is not persuaded by the fact that Oden returned the contribution. "Just because he returned it does not negate the fact that this expenditure won't be sent back to Richard after this vote," he said. "I would suggest Oz and Richard recuse themselves from this vote. If they do that, the vote would not take place. This is not only unethical, but it also sends the message that vendors can buy off elected officials in Rockdale County." For Republican Jason Hill, who is also running for BOC chairman, the ethical problem is clear. Beyond that, however, is the county's preference to do business with a company based outside Rockdale County instead of a local one. "What disturbs me more is that a company based in Rockdale County that's done a great job for years and it is being replaced," Hill said. "Unless they can come up with a reason why this company has not done a good job, I can't see any reason to change that."

13 Page 1 of 3 8/9/ Print This Article Contract questioned after campaign donation attempts Michelle Kim mkim@rockdalenews.com July 28,!"#$### %$!#$###!&##$### '(!" ) *$ $ +, %$ -./ +&,% 0. + % )010 2/ ''$2 3!%#& 4 '$ )+ * ), ' $ $ * 2 *$ $2$ 2 10 $2 ' /'7 2 0

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