COVINGTON, Ga. — District Attorney Randy McGinley has requested state authorities investigate “certain” Newton County purchasing card (P-card) records.

After he received copies of “certain” P-card records, McGinley told The Covington News he met with “a state law enforcement agency about certain records and requested an investigation into certain transactions.” He said the records would include “certain P-card holder’s records covering 2020 and further back.”

“The records I have go into some of 2021, but I am not sure if they go all the way through June of this year,” McGinley said. “But, if I need to get more recent records, I can easily do so.

“If this necessitates further action, then my office will do so,” he added. “It is not appropriate for me to comment beyond that at this point.”

Bound by Georgia Rules of Professional Conduct, Rule 3.8, McGinley said he could not make any public comment that would “have a substantial likelihood of heightening public condemnation” of anyone accused of a crime.

“There are times when I will tell everyone that it would not be appropriate for me to comment on whether there is even an ongoing investigation,” he said. “However, in circumstances where it is already publicly known, including by potential parties being investigated, there is not much purpose served by me not at least confirming that there is an investigation.”

Who or how many of Newton County’s 50 P-card users could be investigated is unknown.

The district attorney said initial contact with state authorities was made prior to The Covington News series on P-cards, which began in late July. Within the series, The News has explained what P-cards are and analyzed the spending records of P-card holders dated June 2020-June 2021.

The District Attorney’s Office handles all state criminal offenses in Newton County, but McGinley said the “vast majority” of cases come to the office after an arrest is made.

“While we are the prosecuting agency, we are rarely the initiating investigative agency,” McGinley said. “However, that does not mean my office cannot and will not investigate matters when it is just not being done by a local law enforcement agency. We have done so and will continue to do so when necessary.”

McGinley said the District Attorney’s Office did this in 2016 when it “essentially” led the investigation of former Newton County Fire Chief Kevin O’Brien. O’Brien pleaded guilty on four counts of Theft By Taking after using his county-issued P-card to spend $16,991 on home improvement items.

“He was stealing, not to put bread on the table, but for luxury items,” then-District Attorney Layla Zon said. 

During O’Brien’s October 2016 sentencing, Zon presented 24 photos that showed screen doors, fencing material, bathroom and kitchen tiles, kitchen cabinets, recreational and camping equipment, a hammock, plantation shutters and outdoor lighting, among other items, that he paid for with his P-card. Zon said the thefts happened within a four-year period, between 2012 and 2015.

“Public confidence in the integrity of government officials and particularly public safety officials is very important,” she said. 

O’Brien was sentenced to 20 years of probation with the first year spent in prison, and he was fined $4,000.

RESIDENTS DEMAND CHANGE

In recent weeks, residents have seen the P-card policy and procedures, been presented past spending records and even heard from Newton County Chairman Marcello Banes and County Manager Lloyd Kerr on the subject of spending. 

Not only do residents want an investigation into the county’s spending records, but many are calling for major change to the P-card program.

“It is sad that there is a need for The News to examine/audit these charges by the highest officials in the county,” wrote resident Felton Hudson, “which means the person or persons in HR are not doing their job and revoking all these P cards and mandating that all these bogus charges, and most are bogus, be reimbursed … Time to call in all the cards no matter how well they were intended nor how convenient and efficient they might be. Too much sloppiness and room for fudging. Some of the excuses offered up for policy non compliance and non valid charges, rank with the dog eating the homework … This waste and flippancy regarding fiduciary duty should have ALL citizens, regardless of power, position, wealth or race, in an uproar.”

Oxford native Bryan Hays also suggested the county make changes, starting with finding ways to “tighten” the P-card policy and procedures.

“Throughout my time in business, I have witnessed folks in industry as well as government use the P-card system to ‘bypass and or avoid appropriate procedures’ as well as make questionable expenditures,” Hays said. “The scrutiny and criticism that will follow the expose will be expected and healthy. What is reasonable and customary isn’t always ethical or acceptable. Especially at the expense of the taxpayers. In the business world, lack of adherence to P-card policy, like use for personal expense or nonessential for continued operation would certainly result in termination of the privilege and often times termination of the associate. In the public sector, this same type of misuse creates major heartburn, division and mistrust among the taxpayers that fund this privilege. The same should certainly apply for those entrusted with our taxpayer dollars. Tighten the policies and procedures and make them public. Educate those entrusted with taxpayer dollars. Provide transparent oversight and eliminate the privilege and/or the position for those that abuse.”

Larry McSwain, also a Newton County resident, believed the solution to P-card misuse was simple. It starts with tightening the policy, restricting the number of users and then “really hold up to the ethical provisions that they advertise.”

“If you really want your employees to be ethical and give their best, then there has to be a standard set by the manager,” he said. “They ain’t going to be any better than you are. That’s just a fact. And that’s where we are. We really need ethical standard set by the chairman and the county manager, we need a tighter P-card policy, and we need fewer P-cards.”

Many residents also want a “full, forensic” audit to be conducted.

McGinley told The Covington News that his office had no control or authority to be involved in a decision to revoke P-cards or abolishing the program altogether, as some residents have suggested, and an audit can be conducted by the county, which could then be outsourced to an outside firm or business.

“[To clarify,] I am responsible for the ethical behavior and fiscal responsibility of my department, not any other department,” McGinley said. “My office is not a fiscal responsibility watchdog. Now, clearly, when there is criminal activity, it is usually unethical and can be a breach of a fiduciary obligation. But if it is determined that something is not criminal or that we cannot prove criminal activity beyond a reasonable doubt, it is not appropriate for my office to decide whether it is ethical or fiscally responsible.

“Personally, I believe that tight control, a strong written and clear policy, and regular review of expenses is a better way to address concerns with P-cards than outright abolishing them,” he said.

The county’s current policy states, “The Cardholder shall use the Purchasing Card for legitimate business purposes only. The Purchasing Card shall not be used for entertainment, cash, or personal use.” However, there is no further explanation or definition as to what is “necessary” or what is a “legitimate business purpose.” There are also no examples or guidelines as to what would be prohibited uses of a P-card, other than it cannot be used for “entertainment, cash, or personal use.” McGinley said many other entities, including the State of Georgia, have a more detailed policy, which includes examples and further defines terms in the policy.

Any proposed changes made by residents could be hard to come by, unless a majority of the governing Board of Commissioners can be convinced a change is necessary. Only the commissioners hold the power to make changes to the policy, as it was the commissioners who originally enacted the framework in 2013.