2005 GEORGIA GENERAL ASSEMBLY

Sen. Harp gives educators a few days to provide more facts before voting on HB 340
A DeKalb 'situation' of undetermined origin adds a sentence, which a sponsor disavows

By Tom Bennett

Atlanta, March 9, 2005 -- Although none could cite a single penny lost because of disclosure, the leaders of Georgia's public campuses told the Senate Higher Education Committee today that millions of dollars could be lost unless House Bill 340 is passed.

There are "31 states" with laws exempting donor information from open records, they said. Yet none cite a source for the information.

The chairman, Sen. Seth Harp of Midland, was unconvinced. He decided against calling for a vote, and gave the educators until the following week to bring hard information.  "We need to hear from the Board of Regents," Harp said.

His delay came after compelling testimony on behalf of the Georgia First Amendment Foundation by Tom Clyde of Atlanta's Dow Lohnes & Albertson, attorneys for the Journal-Constitution and WSB. Clyde spoke after he was introduced by Hollie Manheimer, GFAF executive director.

"UGA and Georgia Tech are run in an efficient and ethical way," Clyde said. "The reason for that is that there is public oversight. There is a great deal of public faith in these institutions. But this bill will erode that.  "Public institutions to a great extent define the culture in a state... A respect and honor has to be paid to that public aspect of what they do."

The educators seemed to want to talk about how much money they raise, implying success in this 44th year of Georgia sunshine laws. Yet , always declining to provide a name or names, each gave examples of threats of cancelled donations should HB 340 not become law. This from the realm of U.S. life where disclosed giving is everywhere --carved in granite and published in high-quality, four-color reports. Here are highlights.

ALBANY STATE

Rufus Montgomery, interim associate vice president for institutional advancement, has been on the job for two months, he said. The singer Ray Charles' $3 million gift to Albany State is an example of a donation that he could lose unless HB 340 is passed, he said.

"We expect additional dollars to flow in," he told the committee. "Mr. Joe Adams, the singer's manager, has added $100,000. Donors expect that this information should be private."

COLUMBUS STATE

Frank Brown, president, said Georgia public university foundations received $200 million in private giving last year.

"If our good and faithful donors realize they could be both surprised and embarrassed if information shared with us was released, we'd see a tremendous pullback," Brown said.  The billl is needed now that Thurbert Baker, attorney general of Georgia, has ruled, Brown said, that "the foundations are open."

The public campuses face costs that they can pay more "expeditiously" with private money, Brown said.  "Gifts to foundations... can be used expeditiously. If it's state dollars, they that comes under all the state and county rules."

Sen. John Wiles of Marietta said if HB 340 became law, the public "will never know" if a donor has given money with strings attached.  "I'm not sure I could ever answer you that anyone giving a gift for a purpose could ever be found out in every case," Brown replied.

MACON STATE

Albert Abrams, vice president for external affairs, introduced Joe Timberlake, who Abrams said is chairman of the finance committee of the Macon State Foundation.

"Small proprietorships don't want their donations public," Timberlake said.  "A contractor of a Warner Robins project (built by Macon State) was solicited for money. This was after the fact. If that were reported, the perception of that would be horrendous...  "Ninety-nine and nine-tenths percent of our gifts are legitimate. Don't penalize them when we do have a few problems."

ARMSTRONG ATLANTIC STATE, SAVANNAH

Bill Megathlin, assistant to the president, was permitted by the chairman to read FAXes from two donors who are for HB 340.

GEORGIA TECH

President Wayne Clough said Georgia Tech receives $70 million a year in privat e donations, and intends to double it.  e don't need any barriers put in our way," Clough said.  arrett Carson, vice president for development, added: "A man said ten days ago, 'I'm giving $2 million and if my name is known this will be the last check you'll ever see.' "

ONE OF THE BILL'S CO-SPONSORS, Rep. Bill Hembree of Douglasville, explained how section one got its second paragraph, exempting "records... specifically required by the federal statute or regulation to be kept confidential."

"DeKalb (County) has a situation," Hembree said. "I don't know all the details. It was brought to me a few minutes before we voted. It has something to do with DeKalb County. I voted against it. It was brought up at the last minute and won reconsideration. If we could remove it, it would help the legislation."

THIS HEARING was held in the same capitol mezzanine location where in 2001 the Senate cleared the way for a massive exemption for educators.. The hundreds of thousands of school employees gained blanket non-disclosure, ruling out any media "statement of need" access, for eight types of data about themselves. Earlier, only Georgia judges and law enforcement had enjoyed such protection.