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When Informing the Public Itself Becomes a Conflict of Interest – Lanier County News – Conflicts of Interest Part 21

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LANIER COUNTY NEWS SPECIAL REPORT

EDITOR’S NOTE:  This particular article speaks to the decision making outgrowth of leaders with known conflicts of interest.  This is an ongoing series examining ethics and governance in Lanier County.  The series spotlights potential and actual conflicts of interest involving elected officials and their employees.

By Carol A. Gasser Moore / ­­­­­­­­­

RAY CITY, Berrien and Lanier Counties, Georgia — As the Lanier County News continues its series, it is important to note that sometimes the very act of “informing the public “ can become a conflict of interest in and of itself.  That is to say that the very act of sharing information could interfere with, bias, or undermine another duty, role, or obligation the person or institution holds.  Sometimes this occurs because an individual’s personal agenda is at odds with information that should be released to the public.

A Clash Between Duty and Disclosure

One example comes from Ray City officials, especially outspoken Mayor Brenda Exum.  Exum and other Ray City officials have found themselves at the center of a striking irony: while local journalists work to responsibly inform residents about potential conflicts of interest among public officials, those very journalists risk becoming targets of intimidation or pushback.

Critics argue that this tension — where watchdogs are pressured for doing their job — threatens free speech and risks eroding the transparency citizens rely on to make informed decisions.

A Recent Example:  When the Mayor Hands Over the Mic

At an August public meeting, Mayor Brenda Exum granted Ray City Fire Chief Tony Galardo the floor. But this wasn’t business as usual. Instead of the typical time-limited discussion focused on Ray City fire department matters, Galardo spoke extensively on Lanier County issues — a topic outside the scope of the municipal meeting.

Observers say this blurring of lines raises serious concerns about role boundaries. Was Galardo acting as a private citizen, or as a representative of the city? By allowing the platform shift, critics argue, the meeting risked crossing from public duty to personal platform, further highlighting the conflicts of interest at the heart of this ongoing series.

Pushback Against Open Government

Compounding these concerns are troubling reports from journalists covering city, county, state, and school governments.

Some have encountered resistance when filing Open Records requests, while others report receiving vague cease-and-desist letters. Such tactics — if directed at factual reporting — risk creating a chilling effect on press freedom, discouraging open dialogue and weakening the public’s right to know.

Georgia Law Is Clear: Anti-SLAPP Protections

Georgia law provides a powerful safeguard. Under the state’s anti-SLAPP statute (O.C.G.A. § 9-11-11.1), any meritless legal action intended to silence speech on matters of public concern can be quickly dismissed.

Key protections include:

  • Early dismissal of baseless lawsuits.
  • Suspension of discovery while the court evaluates the claim.
  • Awarding attorney’s fees and costs to the targeted party when dismissal is granted.

The statute was expanded in 2016, now covering any public statement — written or spoken — on issues of public interest. Georgia courts have consistently reinforced its strength:

  • In National Medical Administrators v. Better Business Bureau of Metro Atlanta, a libel suit was dismissed, with costs awarded to the defendant.
  • In Oskouei v. Matthews, the Georgia Supreme Court reaffirmed the law’s reach, extending its shield even to complex defamation disputes.

Why Legal Threats Can Backfire

Legal threats against factual reporting rarely hold weight. Under Georgia law, truth is an absolute defense to defamation.

Ironically, those who send threatening letters risk exposure themselves: if their actions appear to be an attempt to intimidate or silence critics, they could face counterclaims, including anti-SLAPP motions — potentially at significant financial and reputational cost.

The Case for Local Ethics Policies

While state law mandates that county commissioners disclose financial or property interests in zoning cases and recuse themselves when conflicts arise, no similar statewide ethics code exists for municipal officers in smaller cities like Ray City or Lakeland.

Adopting local ethics policies would:

  • Clarify standards and expectations for public officials.
  • Reduce perceptions of bias or divided loyalties.
  • Build trust between the public and their representatives.

Why It All Matters

Citizens of Berrien and Lanier counties deserve transparency, accountability, and fair governance. But these principles weaken when residents or journalists face pressure simply for exposing potential conflicts of interest.

In such moments, the fight for transparency becomes a parallel story — one about safeguarding free speech itself.

Moving Forward: A Call to Action

Protecting the public’s right to know demands collective effort:

  • For Media Outlets: Know your rights under Georgia’s anti-SLAPP law. If threatened over accurate reporting, consult legal counsel and consider filing a motion under O.C.G.A. § 9-11-11.1.
  • For Local Governments: Commit to transparency. Adopt ethics codes and resist efforts to limit access to information or restrict open dialogue.
  • For Citizens: Stay engaged. Demand accountability from your leaders and support those working to keep the public informed.

At its core, the First Amendment protects more than speech — it safeguards something even more fundamental: the right to know and think for yourself.

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