AN INSIDE VIEW INTO GEORGIA’S NEWS, POLITICS & CULTURE
CIDs GREAT FOR
ECONOMIC GROWTH
& QUALITY OF LIFE PAGE 19
SEPTEMBER // OCTOBER 2016
COLUMNS BY CHRIS CLARK • CHRISTINE DERISO • RANDY & JAKE EVANS • STEFAN PASSANTINO& BEN KEANE • GARY REESE • DANA RICKMAN • LYNNE RILEY • MATT TOWERY • LARRY WALKER
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FEATURES
2016 Top Lobbyists and Associations 8 CIDs: Georgia’s Vital Economic Development Tool 19 by Cindy Morley
COLUMNS Now We are in This Mess— Someone Will Have to Fix It 15 by Matt Towery
Stabilize Georgia’s Healthcare Network 23 by Chris Clark
Department of Revenue: Protecting Taxpayers from Fraud 25 by Lynne Riley
State Vendor and Procurement Lobbying: A Growing Regulatory Focus 27 Stefan Passantino & Ben Keane
A Journey Years in the Making: Augusta University Research Enterprise Builds on Solid Foundation 31 by Christine Hurley Deriso
The Competing Life Cycles of Economic Growth and Poverty 33 by Dr. Dana Rickman
Governor Has New Power Over Professional Licensing Boards 37 by Randy Evans & Jake Evans
Georgia Southern Alumnus Keeps Georgia on the Move 41 by Gary Reese
Is ‘Lobbyist’ a Dirty Word? 42 by Larry Walker
JAMES
P U B L I S H E R ’ S M E S S A G E
James readers to rank Georgia’s 1,053 registered lobby-ists. Some lobbyists even took pictures of themselvesand/or the James ballot and utilized Facebook andTwitter to garner votes! Many fine lobbyists, of course,didn’t make the top listings because, well, the votes sim-ply weren’t there. But that can always change! So bestwishes to them next year for our “Top Lobbyists Issue.”
A Special Note In recent years the James staff— aided by advicefrom prominent lobbyists and public officials— hascompiled a “Lobbyist Hall of Fame” to salute veteranswho have attained distinction. Their hard work is hon-ored— whether it is for helping a client get legislationpassed, for derailing or reshaping legislation or for sim-ply just being effective and persistent at representing aclient’s interests and concerns. Since this popular issuesalutes top lobbyists, it is only fitting that we publishour “Hall of Fame.” It includes four new honorees thisyear: Chandler Haydon, Wendi Clifton, LouieHunter and Jerry Griffin (who is now retired). Finally, congratulations to this year’s top Georgialobbyists, and to the “rising stars” listed who have onlyworked three years or less.
he art of lobbying— seeking to influencegovernmental public policies— has comea long way since, as legend has it,
President Ulysses Grant would hold court at the WillardHotel in Washington, D.C., to enjoy brandy and a cigarwhile listening to petitioners asking for legislative favors.Those 19th century “lobbyists” portrayed on our Jamescover have now evolved into a professional, diverse andgrowing corps. Consider Georgia’s lobbying trade: Itranges from corporate or law firm government relationsmanagers, government representatives and non-profitadvocates to free-lance contractors who may work on justone issue or others who represent a large array of clients. Georgia law states that anyone compensated to pro-mote or oppose the passage of legislation is required toregister as a lobbyist. Legislators have rightly said thatlobbyists are valuable “translators”— that is, they sortthrough all kinds of information and then turn it intoplain English for lawmakers or regulators so they canhopefully make informed decisions. Indeed, especiallyon controversial issues, lobbyists on both sides providea valuable service to public officials— particularly sincepart-time legislators or executive branch officials oftendon’t have adequate staff to research issues. Savvy lob-byists also know they have to work with the media (and,in recent years, utilize social media) to get their mes-saging into the court of public opinion. Lobbyists provide the grease that helps turn thewheels of governance on policy issues. That’s why Jamesand our readers— many of them prominent leaders ingovernment, politics, business and civic endeavors—annually recognize and rank this pool of talent andaccomplishment. A record 6,700 ballots were cast by
TReaders Rank Georgia’s Top Lobbyists
A fiscal 2016 year-end report shows the state’s prelimi-nary shortfall reserves at a record $2.05 billion— up about43 percent from the end of 2015. This state savingsaccount, of course, is important— when there is a reces-sion, for example, such money is needed to fund basicservices. This is a milestone for Gov. Nathan Deal, whopledged to leave the state in far better financial shapewhen he leaves office in 2019. Georgia’s financial ship isobviously… RISING
On October 20th Cobb County officials, Atlanta BravesPresident of Development Mike Plant, MARTA AssistantGeneral Manager Ben Limmer, and Cumberland CIDChairman Tad Leithead will host a meeting to discusscounty transit options— specifically for the area aroundthe new Suntrust Park. Critics have bristled at the lack oftransparency so far, but an open dialogue on transporta-tion is exactly what voters have been asking for. For now,as Cobb Countians await new transportation/traffic con-gestion plans, the situation is… Drifting
Gov. Nathan Deal proposes a 20 percent pay increase forstate law enforcement officers and an overhaul andexpansion of police training regarding the use of forceand community policing. It hikes the median salary ofabout 3,300 state law officers by an average of $8,000—obviously a great retention and recruiting tool. Since thisbig pay hike legislation is also supported by the lieu-tenant governor and state House speaker, the state lawenforcement boat (and morale) is… RISING
U.S. Rep. David Scott, D-Ga., sought out U.S. Rep. MiaLove, R-Utah, to give a $1,000 check from his campaigncommittee in order to help the only female black con-gresswoman win re-election. Love initially thought it wasa joke. Yet Scott, a black member of the centrist Blue DogCoalition, was sincere. He told a Utah newspaper that “itis important for us to have people of color on both sides ofthe aisle.” For again displaying an independent streak bybucking his party’s leaders who are supporting Love’sopponent, the Georgia congressman’s boat is… RISING
Atlanta’s world-renowned spinal care facility, theShepherd Center, will have a new CEO in 2017. With cur-rent chief Gary Ulicny set to retire after 22 years at the
helm, Vice President of Clinical Services Sarah Morrisonwill take the reins next spring. Sad to lose Ulicny, who over-saw a period of great growth. But with a young incomingCEO in Morrison, Shepherd’s ship keeps… RISING
Atlanta Mayor Kasim Reed is known for temper flare-upsin recent years. One of the latest involved harsh words—including a few racially-tinged ones— against two promi-nent builder/developer advocates over a permitting feeordinance the mayor wanted City Council to pass. Eventhough the mayor always touts a pro-business record, itisn’t productive to good business by publicly beratingand humiliating Scott Selig of the prominent SeligEnterprises development firm and Michael Paris of theCouncil for Quality Growth. The African-American mayorfurther stirred the pot against the white businessmen byrepeatedly and unnecessarily rejecting a “master-servantrelationship.” When Reed displays such rudeness his boatwill always be… SINKING
The Alabama Legislature recently decided against allow-ing a vote on legalizing a state lottery— the latest twist inan ongoing fight. After passing the state House, bothRepublicans and Democrats in the state Senate voted tokill the bill for a variety of politically-motivated reasons.Bad news for Alabama, which desperately needed therevenue to cover up a cash shortfall, but good news forGeorgia— which will continue to see lottery sales fromAlabama residents near the border who purchase tickets.The head-scratching decision from our neighbor to thewest has Georgia’s ship (with a record $1 billion in lotteryrevenues posted for last fiscal year)… RISING
A House of Representatives special committee presidedover by Rep. Wendell Willard, R-Sandy Springs, held dra-matic hearings exposing failings of the state JudicialQualifications Committee (JQC) and provided reasons forvoters to approve a constitutional amendment inNovember to reconstitute the JQC with more legislativeoversight. The committee addressed allegations that for-mer JQC Chairman Lester Tate and his allies playedfavorites according to his own agenda when it came tothe watchdog panel investigating and punishing judgesaccused of wrongdoing. The JQC ship, which enjoyed afine reputation until two years ago and now doesn't evenhave an investigator, is… Drifting
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8 JAMES SEPTEMBER/OCTOBER 2016
Our rankings are mainly based on the results of anonline survey sent to lobbyists and government affairsspecialists in Georgia. In addition, some top lawyersand lobbyists were consulted to ensure the rankingsare as comprehensive and accurate as possible.
9SEPTEMBER/OCTOBER 2016
1. Metro Atlanta Chamber of Commerce2. Georgia Chamber of Commerce3. Georgia Poultry Federation4. Georgia Hospital Association5. Association County Commissioners of Georgia6. Georgia Beverage Association7. Georgia Association of Realtors8. Georgia Credit Union Affiliates9. Home Builders Association of Georgia10. Georgia Bankers Association11. Medical Association of Georgia12. Georgia Farm Bureau13. Georgia Health Care Association14. Alzheimer’s Association, Georgia Chapter15. Georgia Automobile Dealers Association 16. Georgia Highway Contractors Association17. American Council of Engineering Companies of Georgia 18. Georgia Press Association 19. Georgia Beer Wholesalers Association 20. Georgia Municipal Association
Top Business or Trade Associations
1. McGuireWoods, LLP2. Dentons 3. Troutman Sanders, LLP4. Nelson Mullins Riley & Scarborough, LLP5. Hall Booth Smith, P.C.6. Greenberg Traurig, LLP7. Alston & Bird, LLP8. King & Spalding, LLP9. Chalmers Pak Burch & Adams, LLC10. Miller & Martin, PLLC
1. GeorgiaLink Public Affairs Group2. Massey, Watson & Hembree, LLC3. Peachtree Government Relations, LLC4. Southern Strategy Group5. Capitol Partners Public Affairs Group, Inc.6. Cornerstone Government Affairs7. ConnectSouth 8. Joe Tanner & Associates9. Duffey Communications 10. Comm360
Top GovernmentalAffairs Firms
Law Firm Affiliated
Top GovernmentalAffairs Firms
non-Law Firm Affiliated (larger)
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non-Law Firm Affiliated (smaller)
Top male lobbyists
1. Fiveash Stanley 2. Mathews & Maxwell, Inc.3. The Hudson Group4. FrogueClark 5. The JL Morgan Company, Inc.6. Thrash Haliburton 7. Thompson Victory Group 8. Piedmont Public Affairs 9. J.D. Cargill & Associates 10. the r.b. robinson company, llc
1. Abit Massey 2. Trip Martin3. Jay Morgan4. Boyd Pettit 5. Pete Robinson 6. Lewis Massey 7. Skin Edge 8. Don Bolia9. Ben Vinson10. Chris Clark 11. Brad Alexander 12. Marshall Guest13. Mike Giles
14. Josh Mackey15. Ethan James 16. David Raynor17. Tharon Johnson18. Dave Pratt19. Dave Williams20. Harold Bevis21. Blake Ashbee22. Jon Howell23. Brandon Hembree24. Kevin Perry25. Chuck McMullen
Top female lobbyists rising stars
1. Amy Odom 2. Elizabeth Chandler 3. Brandi Bazemore 4. Callie Michael5. Brandee Bickle 6. Katie Kirkpatrick 7. Ashley Groome 8. Meredith Melvin Weaver9. Heather Teilhet 10. Wendi Clifton11. Chandler Haydon 12. Sharon Gay
13. Sister Ward Cynthia Garst (tie)14. Sheila Humberstone15. Lauren Fralick 16. Kathy Kuzava17. Kallarin Mackey18. Misty Holcomb19. Lindsay Strickland20. Sam Hill 21. Christina Tai 22. Karen Pope 23. Laura Norton 24. Elizabeth Wharton25. Robin Rhodes
Elizabeth Harwood
Abigail Thompson
Jeremy Collins
Matthew Ralston
Hayley Howell
Tyler Adams
Russ Pennington
Mary Ann Langford
Scott Lofranco
Jennifer Winkler
Lawrence Bell
Cosby Johnson
Alyse Williams
TJ Kaplan
Elizabeth Newcomb
Stuart Wilkinson
Danica Key
Jenna Saxon
Jesse Weathington
Andrew Johnson
13JULY/AUGUST 2016
Brad AlexanderHarold BevisTom Boller
Joe BrannenDon Cargill
Bobby CarrellElizabeth Chandler
Wendi CliftonJake Cullen
Ric CobbBuddy Darden
Skin EdgeJerry Griffin
Jim HammockChandler Haydon
Keith HatcherTerry Hobbs
Bryce Holcomblouie hunterStan Jones
Fred KitchensRoger LaneTrip MartinAbit Massey
Terry MathewsScott Maxwell
Bo Moore
Jay MorganBoyd Pettit
Pete RobinsonEarl RogersRusty SewellJoyce Stevens
Eric TanenblattDavid TatumJet Toney
John ThomasMo ThrashJim TudorRobb Willis
hall OF FAME
the autumn of 2013 a story literally blindsidedthe press and public. The Atlanta Braveswere moving to Cobb County. More specifi-cally they were locating at the epicenter ofNorthside Atlanta traffic— the critical junc-ture where I-75 and I-285 “meet and greet”motorists commuting to and from work and
intermingling with travelers desperately trying to weavethrough the massive jams and delays that are routine. This is not an anti-Braves commentary. Having been toenough Braves games over five-plus decades I am a long-time fan of the team. I have very personal reasons for sup-porting major league baseball. They made a move that isnot only prudent but financially a huge win for the team. As for the taxpayers in Cobb and the adjacent SandySprings, the verdict is still out. Cobb will take on the great-est brunt of the costs and fuzzy math suggests that a dayof reckoning may come to pass for its residents. SandySprings has far less skin in the game but its footsy gameswith Cobb concerning traffic routes will place more burdenon its police force and could damage home values in whatwere posh areas of the still-relatively new city. Again, thestuff of speculation. What is not speculation is the clear fact that the areawill not be prepared for the traffic onslaught that will hitmuch of Northside Atlanta next April on opening day. The“coincidental” widening of some roads and I-75 and I-285improvements, all moving at a rapid pace, simply will notsolve the traffic disaster that residents in a radius thatgoes well beyond Vinings and Sandy Springs will endure. So consider this nightmare. The trip up Paces Ferryinto Vinings or using popular cut-through streets is already
one that can turn what would be an eight-minute ride intoa 45-minute “New York state of mind.” One major culprit isthe nation’s busiest railroad crossing which, when in use,cuts off the flow of vehicles trying to move from Vinings inthe direction that leads to the new Braves stadium. Adding just a few hundred cars, not thousands ascould be the case, to those roads could create a gridlockstretching for miles in every direction. And that’s just the start. The same scenario can bepainted for East Cobb residents dependent on LowerRoswell Road-to-Dunwoody commuters who must navigatefrom an already nightmarish Ashford Dunwoody to headwest on what will be a more congested I-285. The scenarios stretch from Gwinnett to Douglas counties. Regardless of how it happened, the area is now headedtowards a potential gridlock that will make past “SnowJams” and “Snowmageddons” seem relatively tame. Georgia Republican voters seemingly embraced“Trumpism” by turning out Cobb Commission ChairmanTim Lee. He championed the Braves move and in theprocess gave the impression that decisions related to itwere for a select “members only” club. The result has beena stall in the momentum to fund the pedestrian bridgesand people movers that were essential to even hoping thatthe traffic impact of the new park could be mitigated. With less than a year remaining Cobb’s soon-to-be newCommission chairman— straight arrow, no-nonsense man,Mike Boyce— has the daunting task of preparing for apotentially crippling event that could, if the team does well,repeat itself dozens of times next year. To say the least,Boyce is the innocent in this entire story. continued on page 16
Sandy Springs Mayor Rusty Paul and its City Council,neighbors to the stadium, are mired in a “passion play” ofapparently agreeing to and then publicly denouncing plansto make parts of their city an official route to Braves games.Add to that sweeping proposed land use plans that wouldclog Sandy Springs traffic even more with new townhomes,multifamily housing, and retail right at the intersection ofbaseball chaos and Sandy Springs affluence— PowersFerry Road and New Northside Drive. Wow! At least Sandy Springs is a city which can arguablyfight for itself and its residents. The ”Village of Vinings”where I grew up, later represented in the Georgia House ofRepresentatives and where I still own property today, isunincorporated and powerless. I hate to think of theirreparable damage it might suffer from added Braves-related traffic, as well as from ongoing future developmentwith no legal entity to protect it. What is the upshot of this message of woe? Officialsfrom the federal and state levels down to mayors and com-missioners had better get moving. And by moving, I don’tmean producing convoluted 10-year plans that mix pie-in-the-sky entities like MARTA expansion with hard-to-followgraphs of new sources of congestion or more reconfigura-tion of intersections that lead to, well, roads filled withcars. Those are dreams of the future.
What is needed is a transparent, easy-to-follow publicplan that explains how officials will keep traffic flowing ongame day— from Buckhead to East Cobb to Dunwoodyand all parts within and beyond. You know, how everyonewill get from point A to point B. That, by the way, doesn’tjust mean from a ballpark to home. It means from a hometo an afterhours school event or a gathering with friends,or sadly to an emergency room or hospital at, say, 6:45 ona given game night. The Braves are not the villains in this story. And it isneither the legal duty nor the right of team officials todecide the traffic flow for residents. That is the sole job of elected officials. And these politi-cians, those who are left standing, could be the heroes inthe end. But as developments pop up by the day near thenew stadium and dreams of mass transit and magicalhuman transporters drift away, it’s time the public gets asolid handle in what they face and how their leaders planto make things right. If you don’t think those local TV news helicopters arealready planning to air the chaos of opening day 2017 andbeyond, think again.
Matt Towery is an attorney, former Georgia state legislator and author ofNewsvesting: Use News and Opinion to Grow Your Personal Wealth.
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OPENING TO TRAFFIC NOVEMBER 2016
We are thrilled to help bring the new $17 million Encore Parkway Bridge – and all of its benefits –
to the North Fulton Community.
“
“
– Kerry Armstrong Chairman, North Fulton CID
NorthFultonCID.com
IT BEGAN WITH THE CUMBERLAND CIDAfter 20 years serving as executive director of theCumberland Community Improvement District (CID),Malaika Rivers has become known across the countryas an expert in CIDs and public/private partnerships. And why not? She oversees one of the largest-everpublic/private partnerships— and it includes the bur-geoning Cobb County development surroundingSunTrust Park. In 2017 the AtlantaBraves will relocate from downtownAtlanta to a brand-new, $1-billion ball-park and mixed-use facility on 60 acresof undeveloped land right in the heart ofthe Cumberland CID. In a show of sup-port, the CID board and its investorsmade an upfront commitment of $10 mil-lion toward public infrastructure relatedto the Braves project. “The value of public/private partner-ships cannot be understated. The eyes ofthe world are looking at Georgia and itspublic/private partnerships through CIDs,”says Rivers. The Cumberland CID was the firstestablished in the Peach State in 1988,after state lawmakers approved legislation creating thecommunity improvement districts. Then-lawmakersJohnny Isakson and Roy Barnes played a key role in cre-ating the enabling legislation, working alongside develop-er John Williams, a visionary who knew traffic would bethe key factor influencing growth in the state. At the time, commercial real estate assets in theCumberland area totaled $1.2 billion. Today, this numberhas more than doubled to $2.7 billion. The CumberlandCID has raised over $130 million, and has constructedmore than a half-billion dollars of capital projects in their6.5-mile district. Rivers says the Cumberland CID has played a large
role in this growth by helping encourage private-sectorinvestment in public infrastructure in order to protect andgrow property values. Indeed, Community Improvement Districts (CIDs) arean increasingly popular method of promoting economicgrowth. CIDs have influenced the development of themetro Atlanta region significantly— one was just estab-lished two years ago in the Hartsfield-Jackson Airport
area— and have expanded to other parts ofthe state. They grew out of a businessimprovement district (BID)— whichemerged in the United States as an organi-zational mechanism for property owners toaddress problems such as economicdecline, by levying an additional propertytax (or other fees). Both BIDs and CIDs pro-vide supplemental services such as land-scaping, street cleaning, public safety andtransportation improvements. However, Georgia CIDs are moreautonomous than the other types of BIDs.CIDs have a wider scope of eligible servic-es that they can provide. They are a geo-graphically defined, self-taxing districtwhere commercial property owners volun-
tarily pay additional taxes to fund projects. TheCumberland CID collects about $6 million a year. CIDs were developed as a mechanism for funding cer-tain projects and services like street and road construc-tion, bridges, landscaping, new parks, water and sewagesystems, signage, and public transportation systems. “Our role is to provide the prep work to bring projectsto fruition,” said Rivers. “We are not meant to take theplace of governing authorities, but to work with them toadvance critical projects. We work hand-in-hand with thestate and local governments.” continued on page 20
Editor’s Note: The General Assembly has created Community Improvement Districts through local legislation, andthey have a significant track record for funding public services ranging from street/infrastructure construction andmaintenance to the building of parks, transportation and water systems. Creation is contingent on consent froma majority of property owners within the district that would be subject to its taxation. Georgia has 25 active CIDsengaging in worthy projects. Staff writer Cindy Morley focuses on three of the oldest in metro Atlanta.
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THE BUCKHEAD CIDAnother major CID— this one located in the city ofAtlanta’s Buckhead area— has also achieved tremendoussuccess since its inception in 1999, according toExecutive Director Jim Durrett. “We have been transforming Peachtree Road into anattractive complete street that accommodates all peopleregardless of mode of transportation,” says Durrett, whohas been at the helm for the past seven years. In 17 years of existence, the Buckhead CID has spent$13 million on the project, and has leveraged an addition-al $48 million. The CID is responsible for rebuildingCharlie Loudermilk Park and improving the streetscapesin the area, spending $2.5 million in CID funds, and lever-aging another $3.4 million from other sources. They havealso partnered with Livable Buckhead and the PATHfoundation to design and construct PATH400, a 5-milemulti-use greenway that is currently under construction.The CID has contributed over $2 million to this effort,with additional funding coming from the PATHFoundation, the Georgia Transportation InfrastructureBank and other donors. “We also partnered with MARTA, SRTA, the FTA andthe City of Atlanta to design and construct the newnorthern entrance into the Buckhead MARTA station,creating a pedestrian bridge over GA 400. We spent $1.2million, with the rest of the funding coming from theother partners,” Durrett said. The Buckhead CID is ready to begin a number ofnew projects, he says, including additional improve-ments to streets, eliminating bottlenecks, and betteraccommodating traffic, while making Buckhead a morewalkable urban place. “Piedmont Road between Peachtree and Lenox Road
(the Buckhead Loop) is a major focus of ours, as are EastPaces Ferry and Lenox Road,” said Durrett. “We areexamining the concept of constructing a park over GA400 and the Buckhead MARTA station that could becomethe significant gathering place that the Buckhead busi-ness district has been missing.”
THE NORTH FULTON CIDFulton County is Georgia’s most populous county, withover one million inhabitants, and north Fulton has adynamic CID working on a number of major projectsunder the direction of Executive Director Ann Hanlon. Allprojects are in different phases of study, concept, engi-neering, and construction. Its largest currently under construction is the EncoreParkway Bridge Replacement and StreetscapeImprovements. This $17 million development will transformthe North Point community into a better connected, pedes-trian-friendly area. This project also includes the firsteast/west connection to Alpharetta’s Big Creek Greenway. “It is a true partnership between the North FultonCID, City of Alpharetta, Georgia Department ofTransportation, Atlanta Regional Commission, and StateRoad and Tollway Authority,” said Hanlon, who hasserved as Executive Director since 2014. “The bridge is on schedule and expected to open totraffic in November of this year, and will be fully complet-ed next spring.” Another project in the construction phase isNorthwinds Parkway Extension. This new roadway willconnect Kimball Bridge Road to Old Milton Parkway, andrun adjacent to Gwinnett Tech’s Alpharetta Campus. Theproject was initially identified in the North Fulton CID’smaster plan, Blueprint North Fulton back in 2008. TheNorth Fulton CID, partnering with the City of Alpharettaand Georgia Department of Transportation, is completingthe northern half of the connection, while the southern halfwill be completed by private developers. The entire connec-tion will be open to traffic next year, according to Hanlon. Currently in design stage is Phase 2 of WindwardParkway. The North Fulton CID completed Phase 1 in 2012,which included adding a right turn lane and receiving laneat the GA 400 northbound Windward Parkway exit. Phase 2 will also occur at the Ga 400 northboundWindward Parkway exit and will turn the current doubleleft turn into a triple left turn. A receiving lane will beadded headed westbound and will turn into a right turnlane at Deerfield Parkway. Right of way acquisition isexpected to begin later this year and construction willstart late next year. Priorities for the future: “delivering our projects slatedfor completion on time and continuing our expansionefforts,” said Hanlon. “While the CID does not directly par-ticipate in development, we help build the infrastructure inthe community that makes good development possible.”
Cindy Morley is a staff writer for James.
As a part of the Northwest Managed Lanes Project, theCID-funded Akers Mill Ramp will offer safe and directaccess to and from the managed lanes on Interstate 75.
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itizens, communities and healthcare providersthroughout Georgia are suffering, and whenhospitals close their doors that pain migratesto taxpayers. Our provider network, critical to our fam-ilies and also to our economy, is absorbingmultiple blows at once. For one, Georgia is48th in the nation in the number of residents
who have healthcare coverage. That translates into a lot ofnonpaying customers clogging our emergency rooms andclinics. Two, the federal healthcare law is cutting billionsin payments to local doctors and hospitals throughMedicare and Medicaid. Three, millions of our hard-earnedtax dollars are now going to other states to cover theirworking families while Georgians struggle. Waiting on Washington to fix this growing problem
isn’t an option. Ignoring the issue will only cause furtherharm to the economies of rural Georgia, which is why busi-ness leaders across the state want to start a conversationabout how to stabilize our healthcare network. It can happen none too soon. In the past three years,seven rural hospitals in Georgia have closed their doors.Some have reopened with greatly reduced services, whileothers simply collect cobwebs. And it’s not just hospitals.All healthcare providers right down to your small businessfamily practitioner are feeling the squeeze. When providers close their doors, communities losequick access to emergency care but they also sacrifice ahuge portion of their tax base, high-paying jobs and anyhopes of attracting new industry. Urban areas face their own challenges. Our safety nethospitals, such as Grady in Atlanta and Memorial inSavannah, rely heavily on federal subsidies that theAffordable Care Act eliminates. If put into effect withoutincreasing healthcare access, those cuts would cause cat-astrophic harm to these hospitals that provide care to ourmost economically vulnerable citizens. The damage could hit state taxpayers, who mighthave to step in to backfill the budget hole. And privateproviders would see a crush of patients with nowhere leftto turn after safety net hospitals reduce or eliminate serv-ices and specialties. This deepening crisis led to the creation of theGeorgia Chamber of Commerce’s Quality HealthcareAccess Task Force. After a year of study, the task force
developed three plans to serve as a starting point for ourstate’s elected officials. Georgia’s top officials have resisted expanding cover-age, saying it’s too expensive in the long run for a statethat already sees large year-to-year increases in costs forits current Medicaid population. At the same time, theyunderstand the dire straits we face. Gov. Nathan Deal hassaid he’d consider any plan that’s “fiscally responsibleand sustainable.” We took that as our mandate as we pieced togetherthese three plans, each of which differs from regularMedicaid expansion in most other states. The blueprintsthat we released in late August offer conservative reformsthat will allow the state to save money while still drawingdown our federal match. continued on page 24
Some have wrongly compared our alternatives— eachof which would require approval from the state and federalgovernment to take effect— to that in Arkansas, whichsaw its costs skyrocket beyond original estimates. To thecontrary, our plans are unique in that they require impor-tant cost-containment measures that would prevent failedefforts from repeating here and clawbacks in case the fed-eral government changes the rules again. Option One would provide Medicaid coverage to
childless adults who make less than $11,770 annually.This plan would cost the state less while covering those inthe most urgent need. Options Two and Three wouldextend coverage through Medicaid to childless adultswho make up to $16,242. These plans are set apart from others across the
country with calls for delivery system reform for all ofMedicaid, transitioning individuals from Medicaid tocommercial insurance, personal responsibility such as
premiums and copays, an emphasis on job training forable-bodied adults, and requirements that those whohave access to employer-provided coverage stay on thoseplans, when cost effective. We will judge the success ofthis program not by how many people it covers but byhow many Georgians it helps get back on their feet andinto private insurance. Across the political spectrum, Georgians agree that wehave to take action to stop the bleeding and ensure accessto care in every corner of our large state. If we can all agreethe state must bear some burden for this crisis, it onlymakes sense to go with a conservative plan that uses thestate dollars as matching funds to draw down billions ofour own money for the benefit of our citizens, our healthproviders and our economy. After all, those are our tax dol-lars, too, and we don’t get a refund if we don’t use them.
Chris Clark is president and CEO of the Georgia Chamber of Commerce.
he Department of Revenue is responsible foradministering the tax laws of Georgia fairly andefficiently in order to promote public confidenceand compliance, while providing excellent cus-
tomer service. Now that electronic communication andtransactions are commonplace, we face new challenges inservice delivery as incidents of identity theft and fraudulenttax return filings are on the rise. Criminals have found that computer keyboards are aneffective weapon in committing acts of theft and fraud,and tax agencies have deployed defensive strate-gies accordingly. Whether it be one of themany data breaches that have been report-ed, or a spoofing or phishing scam, everyincident requires agencies to modify theirsystems to protect the affected taxpayers.As criminals become more sophisticatedin their attempts to violate taxpayers’identities and steal precious tax dollars,the department must continually updatefraud defense strategies to thwart theirefforts. To do this, the department recentlyimplemented a new, state-of-the-art fraud man-agement system. This program reviews each incometax return filed, and employs analytical tools to verify theidentity of the filer and the accuracy of the financial datapresented on the tax return. Utilizing this technology, thedepartment has already successfully blocked over $40 millionin fraudulently filed returns in 2016. But our efforts do not stop there. In 2015, the depart-ment signed a Memorandum of Understanding with theInternal Revenue Service, other state revenue departments,and companies and trade associations in the tax and finan-cial services industries. The public-private partnershipformed through the MOU stems from a security summitwhere tax administrators and industry leaders met to dis-cuss threats to tax administration. The communication andinformation sharing agreed to in the MOU will help protecttaxpayers from new threats as they are identified, and allowus to implement best practices that have been developed bypeer agencies. As you can see, the efforts to fight fraud are multi-faceted. The department has advanced fraud managementsystems in place, but we also rely on individuals and busi-nesses to assist in the fight. When processing an income tax
return, the department looks to match information reportedon the return with data provided from other sources.Employers are now required to transmit annual payroll andwithholding data to the IRS and the Department of Revenueby January 31st. The department is encouraging employersto begin preparations soon to comply with these filing dead-lines. The lack of this or other corroborating data will subjectan individual’s return to processing delays. Any error on a return will require additional work effort,
leading to a delay in the issuance of a refund. Thedepartment advocates electronic filing not only
because it speeds the processing of a return,but also because it helps taxpayers spot and
correct such return errors. Before issuingthe refund, though, the surge in fraudulentfilings means that the department mustfirst validate key return information. Theefficient issuance of refunds is thereforegreatly improved by the timely submission
of items such as the payroll and withhold-ing data filed by employers.
The department encourages taxpayers toadjust their payroll withholdings with their
employers by completing and submitting IRS Form W-4and GA DOR Form G-4 to receive the full benefit of theirearnings throughout the year. The department also encour-ages Georgia taxpayers to register with the agency’sGeorgia Tax Center (GTC) to better monitor the status oftheir refunds at gtc.dor.ga.gov. In GTC, taxpayers can alsoactivate an alert that will send them an email when a returnhas been filed on their account. These actions will help toreduce the chance of becoming victims of identity theft. The Internal Revenue Service has admitted to allowing$8.9 billion dollars to be paid out to criminals who have filedfraudulent returns in recent years, requiring taxpayers tounderwrite these losses. In order to prevent this from everhappening in Georgia, the Department of Revenue will contin-ue to work diligently to process and release tax refunds as effi-ciently as possible, while taking the extra precautions requiredto verify that funds are released to the rightful recipient.
Lynne Riley is commissioner of the Georgia Department of Revenue
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When Supreme Court Justice Louis Brandeis pennedthe phrase “sunlight is … the best of disinfectants”back in 1913, little did he know that it would live on forgenerations as a rallying cry for government regulatorsacross the country. But here we are over a century laterwatching as the call for increased transparency hasbecome the driving motivation behind government’sapproach to regulating the ever-expanding interactionbetween the private and public sectors in American
society. The effect, unfortunately, has been an increas-ingly complex compliance structure that has snared fartoo many who have the will, but lack the sophisticationor resources, to comply with a well-intentioned set ofnew laws. This trend toward transparency has been felt moreacutely in the world of lobbying than perhaps any otherarena, and for good reason. Bad actors like JackAbramoff and numerous state officials who got theirhands caught in the cookie jar have made increasedregulation mandatory of the interactions between theprivate government sectors mandatory. Over the past few years, however, the transparencyspotlight has begun to shift away from traditional lob-bying and toward a much more prevalent form of inter-action between the private and public sectors: govern-ment sales. Specifically, regulators have increasinglybegun to scrutinize individuals and entities that seek toinfluence the purchase of goods and services by stateand local government. The spotlight on these activities is well deserved.The public clearly has a right to know what favors andcontributions are lavished on those with political powerto award public contracts by those who seek to winthem. So as a result of this trend, activities that once fellunder the umbrella of standard sales or marketing con-duct— talking up the relative merits of goods or servic-es to government purchasers; assisting with the formu-lation of public RFPs, RFQs and purchasing standards;and building good will with procurement officials— nowqualify as “lobbying” behavior subject to regulation. Inturn, businesses across the country are quickly comingto realize that states and localities are viewing many oftheir sales, marketing and community-relations person-nel as a new category of lobbyists— so-called vendor orprocurement lobbyists. continued on page 28
ByStefan Passantino& Ben Keane
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In Georgia the regulation of procurement lobbyingactivity began nearly a decade ago with the creation ofa new category of lobbyist: the “Vendor Lobbyist.” In aneffort to instill greater transparency within the stateprocurement process, the definition of “lobbyist” underthe Ethics in Government Act (now known as theGovernment Transparency and Campaign Finance Act)was expanded to apply to those persons seeking toinfluence the purchase of goods or services by “stateagencies.” That includes all executive branch depart-ments of state government, counties, cities, school dis-tricts, and other local political subdivisions of the state.Individuals fitting this definition were (and still are)required to register as Vendor Lobbyists with the stateand, as a result, disclose all contacts with, and expendi-tures made on, state and local public officers. The impact of Georgia’s vendor lobbying frameworkon state and local procurement is substantial.Businesses that sell to Georgia state and local govern-ment entities have had to register their sales and mar-keting personnel as Vendor Lobbyists and implementinternal compliance programs to help track and publiclydisclose sales interactions with government officialsand employees. In addition, due to Georgia’s ban on
contingency fee compensation arrangements in the lob-bying context, those same companies have also had toreevaluate and amend their compensation structures foremployees and contractors who potentially qualify asVendor Lobbyists. Under Georgia law, a “lobbyist” is now defined asanyone “hired specifically to undertake influencing apublic officer or state agency in the selection of avendor to supply any goods or services to any stateagency . . .” The definition only exempts those whoparticipate in soliciting bids or in responding to a for-mal Request for Proposal. Despite these important changes to state lobbyinglaw, many Georgia businesses continue to approachgovernment sales without any regard for the relevantcompliance obligations or the consequences of being“caught” violating those laws. Some companies andsales professionals may simply be relying on a tradition-al “misunderstanding” of their commercial activities asdistinct from the messy business of lobbying. Otherbusinesses may instead be relying on the ambiguously-crafted exceptions to the definition of a VendorLobbyist under Georgia law— exceptions that exemptemployees or independent contractors from lobbyistregistration when they are participating in the solicita-tion or preparation of a formal bid or written proposal
for the state, or if they meet the wholly undefined stan-dard of being a “bona fide salesperson.” There is no safety, however, in hiding behind thesevague safe harbors or in failing to confront the issue. In an environment where lobbyist regulation isbecoming a regulatory focal point of the GeorgiaGovernment Transparency and Campaign FinanceCommission and where non-compliance with VendorLobbying laws is increasingly being utilized in the mar-ketplace as a basis for bid protest actions, the potentiallegal and business risks associated with ignoring publicprocurement compliance are growing larger. For thosecompanies doing business with Georgia, the time isnow to evaluate your internal compliance protocols andimplement frameworks for following applicable legaland regulatory obligations. The reputational and monetary risks to governmentvendors of being publicly identified as a “lawbreaker”are simply too great to be ignored After all, governmentregulators aren’t apt to fall out of love with JusticeBrandeis or his mantra any time soon. Remember, with-out the proper precautions, too much sunlight can alsocause cancer.
Stefan Passantino and Ben Keane are attorneys with Dentons in Atlanta.
W
WWhen 9-year-old Colin Hayward Toland travels from his homein Ithaca, New York, to see his doctor in Augusta, Georgia,the 850-mile flight lasts about three hours. But the journey has been years in the making. Colin periodically travels to Augusta so Dr. TheodoreJohnson, assistant professor of pediatrics at AugustaUniversity’s Medical College of Georgia, can evaluate hisresponse to an experimental treatment for his malignantbrain tumor. Colin’s cancer, ependymoma, has defied conventionaltreatments since his diagnosis at age 2. Running out ofoptions, his parents last year enrolled him as the first pedi-atric patient in Johnson’s study of a new drug. It was during Johnson’s education at MCG that he beganstudying an enzyme called indoleamine 2.3-dioxygenase(IDO) with Dr. Andrew Mellor, director of the university’sCancer Research Center. In the 1990s, Mellor and his col-league, Dr. David Munn, discovered how IDO protects a fetusfrom his mother’s immune system. The finding illuminated IDO’s role in helping cancer cellssignal the immune system to ignore their presence. OnceMellor and Munn realized this role, they developed drugsthat inhibit IDO. Augusta University patented the findings, enablingresearchers to partner with NewLink Genetics to expedite thedrug development. One such drug, which targets brain tumors,was based on Johnson’s work with mice combining the IDO-inhibiting drug, indoximod, with standard chemotherapy.Augusta University is now conducting clinical trials with drugssuch as indoximod on patients who have run out of otheroptions. The clinical trial began accepting adult patients in2015, and shortly thereafter, Colin became the first child toreceive indoximod therapy. “Colin loves coming,” says his mother, Tamiko Toland. “Dr.Johnson is completely engaged and very active in all aspects ofhis treatment, including the parts we receive closer to home.” Even patients with the most intractable diseases—patients like Colin— find new hope at Augusta University,thanks to a thriving research enterprise. In addition to find-ings such as the role of IDO, the university has added volumi-nously to the body of biomedical science since MCG’s incep-tion in 1828. It was at MCG, for instance, that the groundworkwas laid for fertility treatments, sequential birth control andbeta-blocking drugs. But never has the university’s research environmentbeen as dynamic as it is today, says President Brooks Keel. “Iwant Augusta to be a top-50 research institution,” he says. “Itwon’t happen overnight, but we’ll be on track to get there.” Dr. Michael Diamond, senior vice president for research,concurs. “We are expanding research activity encompassing
both [our Health Science Campus and Summerville] campus-es as well as our campuses throughout the state,” he says.“We have over $100 million in external research funding andare making great strides in numerous areas.” His goal to propel Augusta University to a top-50 NationalInstitutes of Health-funded university has incredible momen-tum, he says, noting that the university moved from 74th to70th in the past year. “We’re providing support for all of our investigators, estab-lishing the infrastructure, managing clinical trials, providingcore laboratory services, maintaining databases and registriesand doing much more to optimize their efforts,” Diamondsays. “We’re also increasing our efforts in multi-site and inter-disciplinary research.” Since beginning his presidency at Augusta University lastJuly, Keel has fast-tracked efforts to invest in scientists, facili-ties and translational research. “We have real strengths inareas including neurology, cardiology, cancer and pediatriccare. Then we have emerging strengths in areas like preven-tive medicine, public health, personalized medicine/genomicsand regenerative medicine. We’re also moving towardNational Cancer Institute designation.” Keel, a reproductive endocrinologist, says his inner scien-tist will always be appreciative of the research he now oversees.“I now live vicariously through the success of others,” he says. And he never loses sight of the fact that the Colins of theworld are the biggest beneficiaries of that commitment. SaysColin’s mom, “We’re very thankful for this option, becauseeven if it doesn’t cure Colin, it may help extend his life andenhance his quality of life. That is our goal.”
Christine Hurley Deriso is a freelance writer living in North Augusta
Dr. Theodore Johnson Colin Hayward Toland (r)with brother Aiden
Nope. All it takes is a scratch or two. Because every time you play the Lottery, Georgia kids are the real winners. That’s because for over 20 years the Georgia Lottery has contributed more than $17.6 billion to education. On top of that, more than 1.7 million HOPE scholars have gone to college and more than 1.4 million four-year-olds have attended a Lottery-funded Pre-K Program. That qualifi es as a rocket booster in our book.
IT DOESN’T TAKE
WITH THEIR EDUCATION.TO HELP KIDSA ROCKET SCIENTIST
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n terms of economic well-being, the ingredients ofa healthy lifecycle for an individual, family, com-munity and state are the same. A healthy birthsupports preparation for strong early learning andK-12 experiences, which in turn support success-ful transitions to post-secondary education and acareer. With the ability to earn proper wages, suc-cessful adults build strong families and make
investments in their communities, thereby providing moreopportunities and the probability the next generation willbe even more successful. Before the recession that ended around 2010, over halfof all Georgians worked in either sales, office support orblue-collar occupations. Those jobs are not forecasted torebound to pre-recession levels. Therefore, to compensatefor the decline in low-skill blue-collar jobs, Georgia is invest-ing in an economic development plan based on a diversifiedeconomy that includes trade and transportation, a growinghigh-tech sector, and natural resources. This diversified economy is predicted to add 1.5 millionnew jobs by 2020. Of those, nearly 60 percent will requiresome sort of education beyond high school. Currently onlyabout 42 percent of Georgia’s adult population has educa-tion beyond that level. The skill level of Georgia’s workforcedoes not now meet the growing needs of a successful eco-nomic development plan. When students and individuals do not successfully com-plete the K-12 system and move on to post-secondary edu-cation, their own economic trajectory is compromised.When enough people within a concentrated area fall out ofthe economic lifecycle, the prosperity of their neighborhood,community and state are also at risk. Thus, it is less likelythe next generation of children will realize success, creating
intergenerational poverty. The key to breaking out of the poverty cycle and movinginto the productive economic life cycle— what many wouldcall social mobility— is education. The lack of social mobili-ty is especially prominent in the South. When examining theopportunity of a child born into poverty to work their wayout of poverty, metropolitan Atlanta ranks dead last amongAmerica’s 50 largest cities. Moreover, the longer one lives in poverty, the harder it isto escape. Results for children living in persistent povertyare markedly worse than those who move in and out overtheir lifetime. In terms of an academic achievement gap, researchshows— when measured as a group— poor students areapproximately two grades behind their more affluent peersin math by the 8th grade. The gap for children living multi-ple years in poverty increases to nearly three grades oflearning. Moreover, those gaps seem to be in place wellbefore the 8th grade. Children who live in poverty beforekindergarten are significantly less likely to escape thanthose who become poor later in life. As Georgia implements ambitious plans to increase theskill level of its workforce (e.g. more rigorous learning stan-dards, dual enrollment, Move On When Ready programs) tosupport its economic development strategies, it is also beinghit with a growing number of students and communitiestrapped in the poverty cycle. More than one-quarter of chil-dren in Georgia currently live below the poverty line, rankingGeorgia the ninth highest in the nation for child povertyrates. More distressing, Georgia ranks 10th highest in thecountry for the number of children living in extreme povertyat 12 percent. These children tend to live in communities of
galottery.comGEORGIA’S KIDS WIN.
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continued on page 34
concentrated poverty. Of Georgia’s 159 counties, 51 havemore than a quarter of their population living in poverty.Seventeen counties have more than one-third of their citi-zens living below that line. These communities generally lack equitable access tohigh quality schools, health care, community supports andthe economic opportunities that come with them. To breakthe poverty cycle, Georgia must aggressively work to closethe opportunity gaps that exist across the state. Availabilityof Pre-K opportunities are still lacking for many students.Studies show this access is crucial in alleviating theachievement gap that exists for minority and low-incomestudents. Using achievement gains made by students whocompleted the Georgia Pre-K program, researchers estimateadult earnings for these children will increase by 1.3-3.5 per-cent. This shows a strong return on investment. While there are no simple answers to solving the prob-lem of persistent poverty, investments in high quality earlyprograms, especially in high-poverty areas, provide thefoundation for further growth. Without the basic foundationof a quality education, the economic life cycle in Georgiawill not be realized.
Dr. Dana Rickman is the Policy and Research Director for the GeorgiaPartnership for Excellence in Education.
you know that Georgia’s governor nowhas statutorily-delegated oversight ofall Georgia professional licensing
boards? This authority was established by O.C.G.A. §43-1C-3 (House Bill 952), which was passed by theGeneral Assembly and signed by Gov. Nathan Deal to beeffective on July 1. The law vests three principal supervisory powers inthe governor’s office:
1. Review of all rules proposed by professionallicensing boards before their filing in the GeorgiaSecretary of State’s Office.
2. Review of existing professional licensing boardrules upon submission or challenge after denial of apetition challenging the respective rule to theappropriate licensing board.
3. Review of specific licensing board action uponchallenge through an appeal to the Governor orsubmission by a professional licens-ing board.
The path for the legislation was pavedby a recent U.S. States Supreme Courtcase— N.C. State Bd. of Dental Exam’rs v.FTC, 135 S. Ct. 1101 (2015). N.C. StateBd. arose from the issuance of 47 cease-and-desist letters from the North CarolinaState Board of Dental Examiners to non-dentists charging lower prices for teethwhitening services, a service not speci-fied as the “practice of dentistry.” The Federal Trade Commission filedan administrative complaint alleging thatthis action constituted an anti-competi-tive and unfair method of competitionunder the Federal Trade CommissionAct. In response, the Board argued it wasprotected by state-action immunity,
which immunizes state decisions as sovereigns fromantitrust scrutiny. In a predecessor case, the Court established that pri-vate entities (i.e. state professional licensing boards)can be protected by state-action immunity only if theirconduct is (1) taken pursuant to a “clearly articulatedand affirmatively expressed . . . state policy” and (2) is“‘actively supervised’ by the State itself.” CaliforniaRetail Liquor Dealers Ass’n v. Midcal Aluminum, Inc.,445 U.S. 97 (1980). Interestingly, whether the actions of state agencies—like professional licensing boards— were subject toactive state supervision was uncertain. Indeed, profes-sional licensing boards are predominantly composed ofactive practitioners in the market they regulate, not elect-ed government officials. N.C. State Bd. clarified this uncertainty by holdingthat the Board was not “actively supervised” by NorthCarolina and, therefore, was not protected by state-actionimmunity. The holding was rooted in established legal
continued on page 38
precedent that “fundamental national values of free enter-prise and economic competition that are embodied in thefederal antitrust laws [make] state action immunity . . .disfavored.” FTC v. Phoebe Putney Health System, 133 S.Ct. 1003, 1010 (2013). The Court further recognized that “[s]tate agenciescontrolled by active market participants, who possesssingularly strong private interest, pose the very risk ofself-dealing Midcal’s supervision was created to address.”N.C. State Bd., 135 S. Ct. at 1114. Given these visceralconcerns, the Court ultimately held “[i]f a state wants torely on active market participants as regulators, it mustprovide active supervision if state-action immunity . . . isto be invoked.” Id. at 1117. Our Georgia’s bill’s passage logically followed theN.C. State Bd. holding. O.C.G.A. § 43-1C-3 seeks toensure all Georgia professional licensing boards will beprotected by state-action immunity. Equally important,the bill seeks to increase economic opportunities by pro-moting competition and thereby encouraging job growthin Georgia. Any protectionist, competition-stifling action takenby Georgia professional licensing boards will have anavenue for review. This reality enhances accountabilityand maximizes the governor’s goal of making Georgia abusiness-friendly state.
Despite its legal support and worthy economic aims,O.C.G.A. § 43-1C-3 has elicited criticism. Some argue itstrips power from professional licensing boards and vestsexcessive power in the governor. In the end, N.C. StateBd. effectively mandated the Georgia Assembly to takeaction. And O.C.G.A. § 43-1C-3 was the reasonedresponse to this mandate. For years, professionals licensed by licensing boardshave expressed increasing concern regarding the incon-sistency among, or politicization of, professional licensingboards. The membership of these boards varied greatly,but consisted of political appointments. Gubernatorialoversight answers this problem. O.C.G.A. § 43-1C-3 is but one more example of theDeal legacy— bring Georgia in line with other stateswhile assuring a level of oversight that both deliversimmunity from federal intervention and consistency forprofessionals practicing in Georgia. It is one more plankin the governor’s effort to make Georgia the number oneplace in America to do business. Of course, with such oversight comes enormousresponsibility. It does make gubernatorial elections all themore important as future governors will have a powerthat no governor has had before.
Randy Evans is an attorney with Dentons and Jake Evans is an attorneywith Thompson Hine in Atlanta.
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OUR BESTBrighten Georgia
ussell McMurry always had an affinity forbuilding things and being outdoors, butit wasn’t until he visited the campus of
Georgia Southern University that he dis-covered his lifelong career in engineering. Now, as commissioner of the Georgia Department ofTransportation, McMurry oversees more than $2 billion infunding and more than 4,100 employees tasked with onemission: providing mobility for thestate of Georgia— whether by roador bridge, by airport or seaport, bytrain or by plane. His career in theGDOT spans more than 25 years,during which time he has served asa trainee, a project manager and adirector before being appointed tocommissioner in 2015. Long before he helmed thedepartment, however, McMurry wasa high school student with a simpleinterest in math and science, and alove of building things and beingoutdoors. On a campus visit toGeorgia Southern, he was directedto the science and technology booth,where students and professors intro-duced him to civil engineering. Hewas immediately hooked. “I said, ‘That’s very interesting! That sounds like whatI like to do,’ and that was it,” he said. “I feel very blessedto have been able to figure it out and never look back.” As a student, McMurry received hands-on trainingfrom professors who took a personal interest in his suc-cess. In the summer after his junior year, he took thattraining to his first summer internship with the GDOT asan engineering trainee, which gave him his first glimpseof the department and its mission, and drew him into hislifelong career. “I really enjoyed that as the first part of my career,” hesaid. “Obviously, the real enjoyment is making improve-ments for Georgia. I think that’s the essence of civil engi-neering— providing for the greater good. That’s whatreally drew me to transportation.”
While he doesn’t get to experience the actual build-ing of things as much as before, McMurry is constantlyworking on projects that affect all Georgians. A “typicalweek” is anything but typical for the commissioner, whomeets with federal, state, city and county elected offi-cials, consultants, contractors and environmental groups,and coordinates and communicates with all of them inorder to deliver a transportation project.
“You know, you’re part ofthings that get planned anddesigned, and you work through allthe environmental processes andyou try to minimize impact, butultimately there’s some kind ofinfrastructure that gets built ordeveloped, and then you get to useit,” he said. “And that’s a reallyrewarding part of the job.” Though he is now 25 yearsremoved from his degree,McMurry says he is still proud ofthe education he received atGeorgia Southern, which he sayswould “stack up against any of themuch larger schools.” Today, heserves on the Civil EngineeringAdvisory Board, a part of the AllenE. Paulson College of Engineering
and Information Technology at the University which iscontinuing a legacy of engineering graduates ready toenter the workforce. “It’s got a strong reputation for people that are reallydoers, and that are able to hit the ground running and getthings done,” he said. “They can make decisions andhave a really good broad-based understanding of whatthey need to do and how to do it, and are very practicalin what they do.”
Gary Reese is associate editor for James magazine.
R
Russell McMurry
I’ve been around politics all of my life. At age 23, I was Perry’sMunicipal Court judge and then city attorney. I was elected tothe state legislature as a young 30-year-old and left 32 years laterin 2004 as a seasoned (that’s a good word!) 62-year-old. After the legislature I ran for and was elected by legisla-tors— Republicans and Democrats— as a member of theDepartment of Transportation Board from the 8th CongressionalDistrict. Being on the DOT Board was kind of like being astatewide county commissioner. Then I was rescued from theDOT Board by Gov. Sonny Perdue when he appointed me to theBoard of Regents where I served for six years until Gov. NathanDeal re-appointed me for another term. So I’ve pretty much seen it all. By “all,” I mean what goes onduring the General Assembly session, after the session, in the openmeetings, in executive sessions, when two friends and supportersare running for the same office at the same time, when an electedcolleague gets in trouble, in-house politics, etc. I’ve seen elected officials vilified. I’ve seen elected officials“cut lots of slack.” I’ve seen elected officials, sometimes icons,stay too long, and not ending up well. I’ve seen friends, generallygood folks, go to prison because of something inappropriate theydid while in office. I’ve seen good people lose their families andbusinesses over politics. My view is that those in and around the governing processthat get the worst rap are the lobbyists. It’s the way that some
folks say the word “lobbyists” with a little hiss, and with their faceall screwed up. They say “lobbyist” like they have hemorrhoids oran upset stomach. Nothing good about it. So, knowing lots of lobbyists, and having dealt with manylobbyists, and actually considering some as good friends, Idecided to do something in my old fashioned way and look upthe word “lobbyist” in my dictionary. I went to my Merriam Webster’s Collegiate Dictionary onpage 683 and there it was: “Lobbyist: one who conducts activi-ties aimed at influencing public officials and especially membersof a legislative body on legislation.” Well, that could have been the finest man I ever knew— andthat was my Daddy. He was in the farm equipment business andhe talked to me lots about what was good for the farmers (if theydid well, he did well) or about taking the tax off farm equipment.The less it costs, the more he sold. You get the picture. Teachers talked to me every year about pay raises. Doctorswanted to make it harder for them to get sued (I don’t blame ‘em).Dentists didn’t want denturists making false teeth. Local gas dis-tributors didn’t want the big boys (Shell, Texaco, etc.) to be able tosell gas in their stores cheaper than they sold it to the distributors.Farmers wanted the tax off equipment. Car dealers, too. Largeproperty owners wanted changes in the ad valorem tax laws. Let’s see: “Trying to influence legislators.” Well, it looks likeDaddy— it’s hard for me to write this— might have been a lob-byist. Surely not. Then, again, isn’t most everyone? Preachers,back in the day, didn’t want alcohol sales on Sunday and backeven further didn’t want most stores to be open on Sunday. Theylobbied. Every major agency of state government has lobbyists.The NRA lobbies. So does NOW, GAE, PAGE, and most everyother interest group in Georgia. Our newspaper folks, those guardians of right and wrong,wanted the costs of legal ads raised and lobbied accordingly. Themedia (television, radio, papers, etc.) fought against four-yearterms for legislators. Surely, those revenues for political ads everytwo years other than four had nothing to do with it. Lobbyists? Let’s see. Daddy, school teachers, dentists, doctors, gasolinejobbers, car dealers, farmers, preachers and media folks. Bedrocksof most communities. How can it be that they were lobbyists? Mr. Wilton Hill was one of my favorite lobbyists when I was inthe legislature. He didn’t have a credit card, or if he did he neverlet me see it. But he did pay a few legislators that he really liked.At the end of the session, at the same time he asked you to comeover to the FFA and FHA camp at Lake Jackson to eat in the lunchroom with some of the school bus drivers, he would give you a sil-ver dollar. One silver dollar to eight or ten people and lunch for thesame eight or ten in the lunch room. Wilton Hill was State Senator Jack Hill’s dad. Cohen Walkerwas Larry Walker, III’s granddad. Two lobbyists and two of thefinest folks I ever knew. No, “lobbyist” is not a dirty word.
Larry Walker is a practicing attorney in Perry. He served 32 yearsin the Georgia General Assembly and serves on the UniversitySystem Board of Regents.
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