NEWTON COUNTY – The recent suspension of Newton County chairman Marcello Banes has resulted in his ineligibility from the Joint Development Authority (JDA) board.
According to a statement from the JDA, Banes is “not eligible” to serve on the JDA while he is suspended from his county office.
“The JDA comprises eight members, with one citizen member and one member of the Board of Commissioners appointed by each County. Since Mr. Banes is suspended from the Newton County Board of Commissioners, he is not eligible to serve on the JDA during the suspension. All JDA members serve at the pleasure of their appointing county.”
Banes was suspended from his chairman position last week after a review commission provided a recommendation to Governor Brian Kemp. This comes in the wake of his federal indictment where he faces charges of money laundering and wire fraud.
“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.
Banes is suspended indefinitely until the end of his case or the end of term – whichever is first.
The suspended chairman had previously served on the JDA as one of two Newton County representatives. The board is also made up of six other representatives from Jasper, Walton and Morgan counties.
Both Banes and citizen representative and current JDA chairman Jerry Silvio were both last appointed to the JDA on March 16, 2021.
Since JDA members serve four-year terms, Banes term would have ended in March 2025. It is not clear if this timeline will be affected due to his ineligible status.
Likewise, it is also not clear if the county plans to appoint someone as his replacement. Newton County municipal code provides a loose outline on how successors could be appointed for Banes seat.
“If, at the end of any term of any member, a successor to such member has not been appointed, the member whose term of office has expired shall continue to hold office until his/her/their successor is appointed,” per Newton County municipal code.
Banes was originally indicted in June alongside District 3 commissioner-elect and longtime business partner Stephanie Lindsey.
The indictment alleges that Banes – who reportedly acted in his capacity as a JDA member – and Lindsey coordinated a brokerage deal with an industry prospect in Stanton Springs who wanted to purchase 40 acres of land. The brokerage agreement saw the company named as “Company A” pay $150,000 to Lindsey’s CSL Reality Group as commission. The money was allegedly put in a mutual business entity where Banes would receive $100,000 put toward a new house in Newton County.
It is also alleged that Banes did not disclose this to the JDA before the board voted on the transfer of the parcel on Jan. 22, 2019.
Banes is also charged with lying to FBI special agents during a 2023 interview.
The Covington News has previously reached out to Banes about his suspension, but he declined to comment.
The JDA has continued to deny any knowledge of the alleged illegal activity.
“The JDA was not a party to the transaction through which the alleged illegal activity occurred and was not aware that such alleged activity by Mr. Banes or Ms. Lindsey occurred,” the statement from the JDA read. “In January 2019, the JDA approved a resolution transferring a 40-acre property to Stanton Springs, LLC per a 2003 Purchase and Sale Agreement. This private, third-party company is not affiliated in any way with the JDA. On March 1, 2019, Stanton Springs, LLC sold the same property to another entity, “Company A”. The alleged illegal activity occurred during the second transaction of which the JDA was not a part.
“Since our establishment in 1999, the JDA has been committed to upholding the highest moral, ethical, and legal standards in all our operations. Our mission has always been to serve our counties with integrity, and to attract high quality job growth and investment to our communities.”
