NEWTON COUNTY – Newton County Board of Commissioners Chairman Marcello Banes has been indefinitely suspended from office following his federal indictment.
An executive order issued by Gov. Brian Kemp on Thursday outlined the details of his suspension based on recommendations from the appointed review commission of Attorney General Chris Carr, Dougherty County Commissioner Clinton Johnson and Jasper County Chairman Bruce Henry.
“By report dated July 31, 2024 the review commission found that the indictment of Mr. Marcello Banes does relate to and does adversely affect the administration of the office of chairman of the Newton County Board of Commissioners, and that the rights and interests of the public are adversely affected thereby; and recommended that Mr. Marcello Banes be suspended from office pursuant to the provisions of Code Section 45-5-6,” per Kemp’s executive order.
The executive order calls for Banes to be suspended from office immediately until the end of his case or whenever his term expires – whichever is first.
“The Governor may order such a suspension immediately and it remains in effect until the criminal case is finally disposed of or the officer’s term of office ends, whichever comes first,” per Georgia state law. “The suspension is ‘with pay’ and is otherwise only temporary and can be ended by the prosecutor dropping the charges in the case, by the official being acquitted, or if the conviction is reversed on appeal. If any of those circumstances occurs, then the official is immediately reinstated to his office.”
Banes will have a chance to appeal the suspension verdict before a re-appointed review commission
The Covington News successfully reached out to Banes, but he declined to comment.
News broke in June that Banes and longtime business partner and District 3 commissioner-elect Stephanie Lindsey were indicted by a federal grand jury on money laundering and fraud charges. Specifically, Banes was charged with one count of money laundering conspiracy, three counts of transactional money laundering, one count of concealment money laundering and one count of false statements to a federal agent.
The indictment stems from a land transaction with the two helping broker a deal with the Joint Development Authority – a four county board that Banes is a member of – and an industry prospect looking to locate in Stanton Springs.
Banes, who acted in his capacity as a JDA board member, and Lindsey reportedly took the lead on the deal with Lindsey receiving $150,000 in commission for her work as the real-estate broker. The money was then transferred to a mutual business entity, where it was alleged that Banes received $100,000, using it to build a house in Newton County.
What happens now?
As for who will take over the chairman role, state law provides some outline as to how that process would occur.
“A temporary replacement may be appointed to fill the suspended official’s office,” per Georgia State law. “This appointment is made as authorized by general or local law, ordinance, or resolution providing for the filling of a temporary vacancy or, if there is no such authority, by appointment by the Governor.”
Newton County has official guidelines regarding vacancies for both commission and chairman seats in sections 2-103 and 2-104.
For the chairman position, the vacancies are handled depending on when the next election date is. In this particular case, the election for the chairman position is less than 180 days away.
“In the event a vacancy occurs in the office of chair by death, resignation, or otherwise, and the unexpired term for such office is 180 days or less before the date of election for such office, a majority of the members of the board shall appoint a person to fill such vacancy until a successor takes office after the next general election,” per Newton County code.
It is important to note that while Banes won the Democratic primary in May, the official election for his seat takes place in November, where he is set to run unopposed.
While the code is an outline for vacancies, it is not 100 percent clear if this applies to temporary vacancies for circumstances such as suspensions.
The News has reached out to county attorney Patrick Jaugstetter on multiple occasions for clarity on the matter in July. Jaugstetter declined to comment, citing that it is his policy to refrain from commenting to the press.
According to a statement from Newton County, vice-chair Stan Edwards will preside as chairman unless Kemp decides to appoint a temporary chairman.
It is not clear how this suspension will affect his status on the JDA board, although it appears unlikely Banes will be able to represent Newton County on the board while he is suspended from the elected office that qualifies him for the board position.
The News has reached out to the JDA for comment but have not yet heard back.
