COVINGTON, Ga. — Nearly one year after an investigation of “certain” Newton County employees’ spending records was launched, Georgia Bureau of Investigation officials said the case was “still active.”

“The case is still active,” said Natalie Emmons, who is deputy director of the GBI’s Office of Public and Governmental Affairs. “I don’t have an estimated completion date.”

Emmons elected to provide no further comments to The News on Wednesday, June 8.

District Attorney Randy McGinley announced in August 2021 that he requested state authorities to open an investigation after receiving “certain” P-card records. McGinley said he met with “a state law enforcement agency about certain records and requested an investigation into certain transactions.” Records included “certain P-card holder’s records covering 2020 and further back,” he said.

“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 told The News in 2021. “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.”

Hours after the news broke that McGinley confirmed he requested an investigation of “certain” P-card records, Newton County Chairman Marcello Banes publicly thanked him for doing so. Banes said he had wanted an investigation to be carried out by the GBI in June — when public allegations of P-card misuse had first begun.

“On June 16, 2021, I requested the GBI to do a full investigation into the use of my P-Card,” Banes said. “I was later told that I did not have the authority to make the request. Only a District Attorney has this authority. 

"I have told this community when I took the position as chairman that I wanted to promote transparency in government. I will continue to stand by my commitment.”

The majority of questions and concerns surrounding Newton County purchasing card (P-card) records from residents have been specifically directed toward Banes, as his records showed purchases that many viewed as potentially against policy.

The policy originally adopted in 2013 states P-cards are meant to be a “more efficient, cost-effective” way to complete small-dollar transactions, but not “bypass or avoid appropriate purchasing procedures.” Policy also states P-cards are “not for personal use,” and must be used for buying “supplies that are deemed necessary for the operation of the county,” and for “legitimate business purposes only.” P-cards may not be used for “entertainment, alcohol or cash advances.”

Over the course of a year (from June 2020-June 2021), Banes’ P-card spending totaled $12,895.90, according to his spending records. Statements confirmed $3,633.43 (28.2%) was spent on food-related purchases, and of those food related purchases, $3,346.15 (25.9% of total spending) was spent specifically on food for meetings and lunches with constituents.

His monthly spending limit is $20,000.

During the summer of 2021, as part of a series by The News, residents saw the P-card policy and procedures, and were presented past spending records from June 2020-June 2021.

As result, not only did residents want an investigation into the county’s spending records, but many called for major change to the P-card program, including tightening the policy, restricting the number of users and then “really hold up to the ethical provisions that they advertise.” Many residents also want a “full, forensic” audit to be conducted.

McGinley told The 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.

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.

Only the Board of Commissioners holds the power to make changes to the policy, as it was the commissioners who originally enacted the framework in 2013.

To date, the Board of Commissioners has not publicly discussed the topic of P-cards and the county’s current policies and procedures.

Unlawful P-card usage has been an issue before in Newton County.

In 2016, former Newton County Fire Chief Kevin 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. The illegal purchases were made over a four-year period from 2012-2015, previous reports stated.

The initial request to the GBI for an investigation into O’Brien’s spending records came in June 2015. The investigation was wrapped in October 2015. O’Brien as indicted in January 2016, then later sentenced 20 years of probation with the first year spent in prison in October 2016.

P-cards were first introduced to Newton County officials as a “more efficient, cost-effective” way to complete purchasing transactions. 

“The program was designed as an alternative to the traditional purchasing process for supplies and services,” per the county’s P-card program policy adopted by the Newton County Board of Commissioners on Aug. 20, 2013, resulting in a reduction of the number of purchase orders and related documents such as invoices and checks.

“Essentially the P-cards are to be utilized as a more effective, ‘cost effective method of purchasing and paying for small dollar transactions,’” Newton County Finance Director Brittany White told The News in 2021. “Employees still have to formally submit purchase orders for all purchases over $5,000. Prior to [a] policy that was adopted in 2016, the purchase order threshold was $2,500 for all purchases.”

P-cards essentially put an end to the monotony that accompanies submitting purchase orders, but as the policy states, they are not intended to “bypass or avoid” purchasing procedures.