Ed Lindsey Continues The Barry Loudermilk Story

January 24, 2014 10:30 am

by Mike Hassinger · 25 comments

Editors’ Note: The following was received from State Rep. Ed Lindsey, R-Atlanta, in response to a post by front pager Jessica Szilagyi. Lindsey is one of several candidates seeking the Republican nomination in Georgia’s 11th Congressional District.

State Rep. Ed Lindsey- “Barry Needs to Keep His Hands out of Taxpayers’ Pockets”

Barry Loudermilk and his supporters are upset that the press, ethics advocates, and opponents are looking into his $10,000 sweet heart deal with the Georgia Department of Education (“GDOE”) to produce a video highlighting – Barry Loudermilk.  Instead, he should be apologizing for taxpayers for fleecing them for his own personal purposes.

As a member of the House leadership for the past three terms, a member of the Education Appropriations Committee, and a former Chair of that committee, Ed Lindsey has had to work diligently to find necessary education funding to cover the bare necessities for Georgia’s public school children during the toughest economic times since the great Depression.  The idea that $10,000 was misappropriated by a state senator from the education budget is appalling.

In addition, Georgia law rightly prohibits state legislators from doing any business with the state valued at more than $9,000 unless it is through a competitive bidding process.  (OCGA 45-10-24).  The law also requires law makers to report their state business transactions on their business transaction reports. (OCGA 45-10-26).

Did Barry follow either the spirit or letter of these ethics laws?  Let’s take a look.  Based on press reports, state records, and Barry’s own admissions, we know the following:

1. According to Barry, he, GDOE, and GPB entered into an agreement in 2012 for GDOE to pay $10,000 to create a video featuring Barry.

2. According to state records, the $10,000 projected cost of the video was prepared by Barry.

3. According to state records, the project was not the result of a competitive bidding process.

4. According to state records, GPB and GDOE agreed to the project with the understanding that the video would be the property of GDOE.

5.  After producing the video, however, Barry took ownership of the video through a non-profit organization that sells Barry’s books and DVD’s.  He claims he did so by agreement with GPB but there is no record of this agreement in the state records and, as shown above, GPB expressly agreed that the video would belong exclusively to GDOE.  Furthermore, unfortunately for Barry, he has trouble here no matter which scenario is true:

a. If the state records are correct, then Barry has misappropriated a $10,000 state asset.

b. If Barry is telling the truth and he received ownership of the video with the state’s permission, then Barry is in violation of state law banning legislator contracts with the state valued at more than $9,000 without a competitive bid.

6. Furthermore, despite taking ownership of a $10,000 video paid for by state taxpayers, Barry never reported the transaction on his business transaction report to the state ethics commission as required by law.

7. While Barry has stated that he has never profited on this video, he fails to acknowledge that it is featured as a promotional item on the home page of a web site devoted to selling his books and other DVD’s.  The video was also featured in a recent campaign contribution solicitation by Barry in which potential donors were asked to watch the video and then contribute to Barry’s campaign.

In conclusion, Barry’s whining cannot mask the fact that he has been caught with his hand in Georgia taxpayers’ pockets which is just plain wrong. The people of Georgia deserve better.

Anthony M. Kreis (@AnthonyMKreis) January 24, 2014 at 10:37 am

@edlindsey14: “..Barry’s whining can’t mask…that he’s been caught with his hand in Ga. taxpayers’ pockets..” #gapol http://t.co/YJUlM97d9A

Noway January 24, 2014 at 10:48 am

Let’s just dig up Gordon Solie and have him “interview” Barry then “interview” Ed. The smallest political smidgen will be taken advantage of. Let’s just elect somebody who will cut the bloated political vote buying and try and get our country back!

xdog January 24, 2014 at 12:06 pm

Gordon Solie was a giant.

2g Strategies (@2gstrategies) January 24, 2014 at 11:38 am

From @peachpundit Ed Lindsey Continues The Barry Loudermilk Story http://t.co/QznCiOGuJB

NorthGeorgiaGirl January 24, 2014 at 3:06 pm

Ed,

Why do you hate the Constitution?

Barry Loudermilk has gone around the United States teaching people about the US constitution. Because of his work in this area, Barry was asked by the GADOE if he would help create a video that would serve as a teaching tool for Georgia’s students. The filming was paid for by GADOE (state agency) to Georgia Public Broadcasting (state agency). No money, not one red American penny, ever went to Barry or his non-profit. Period. Barry asked his children if they would help. Not only did they help, they wrote, produced and starred in the video. Free of charge. FREE! If you look at the original video on the GPB YouTube page, the copyright has been there from the very beginning. I will assume the GPB production team put in on there when they put the video together and posted it….in 2012.

Ed, your fixation on this subject is nothing short of disappointing and troubling. Actually, it is a little frightening that you are so thin-skinned. You tried to launch this attack. You hid behind a false alias. Your campaign admitted that in the AJC. The only law that has been broken is by you. Masking your identity over the internet is against the law, and your campaign did just that when you tried to bait Barry into selling his video. Which, I might point out, he refused to do since it was supposed to be free for everyone. If someone comes knocking at your campaign’s door, it could be the FBI, the GA Bar, or Karma. Whoever does the knocking, it won’t be good.

John Konop January 24, 2014 at 4:14 pm

NGG,

In all due respect, help me understand which of the allegations are wrong and why?

…………1. According to Barry, he, GDOE, and GPB entered into an agreement in 2012 for GDOE to pay $10,000 to create a video featuring Barry.

2. According to state records, the $10,000 projected cost of the video was prepared by Barry.

3. According to state records, the project was not the result of a competitive bidding process.

4. According to state records, GPB and GDOE agreed to the project with the understanding that the video would be the property of GDOE.

5. After producing the video, however, Barry took ownership of the video through a non-profit organization that sells Barry’s books and DVD’s. He claims he did so by agreement with GPB but there is no record of this agreement in the state records and, as shown above, GPB expressly agreed that the video would belong exclusively to GDOE. Furthermore, unfortunately for Barry, he has trouble here no matter which scenario is true:

a. If the state records are correct, then Barry has misappropriated a $10,000 state asset.

b. If Barry is telling the truth and he received ownership of the video with the state’s permission, then Barry is in violation of state law banning legislator contracts with the state valued at more than $9,000 without a competitive bid.

6. Furthermore, despite taking ownership of a $10,000 video paid for by state taxpayers, Barry never reported the transaction on his business transaction report to the state ethics commission as required by law.

7. While Barry has stated that he has never profited on this video, he fails to acknowledge that it is featured as a promotional item on the home page of a web site devoted to selling his books and other DVD’s. The video was also featured in a recent campaign contribution solicitation by Barry in which potential donors were asked to watch the video and then contribute to Barry’s campaign………

NorthGeorgiaGirl January 24, 2014 at 5:12 pm

As I understand it, the only money that changed hands was between the DOE and GPB.

The DOE wanted to make an educational video to send out to the schools to celebrate Constitution Day. The DOE asked Loudermilk if he and his family would be willing to come up with something they could use as a teaching tool.

So…the Loudermilk kids came up with, wrote, rehearsed and acted in a video. Barry also played a part in the video. They did this on their own time. Most state agencies either have an employee of the agency do these things, they contract with someone outside the agency to do it for them for pay, or they pay royalties to an author for use of an already existing script. None of the Loudermilks work for the DOE or GPB (at least as far as I know) so their only compensation for all of their work was a copyright on the content. I heard an explanation on ZPolitics that it is standard practice for the content copyright to go to the authors when they are not being paid for their work. Having done some writing of Sunday School curriculum in my younger years, I was under the understanding that the author always owns the copyright of his or her work unless they were working for someone who asked them to write it as part of a job (like the church we worked for).

As far as “using the video” for campaign contributions or other things, and posting it on his website…so what? I could use it if I wanted to promote things about the Constitution. There are no restrictions on the embed code on YouTube, on either version. I even found it on some other conservative websites, like Freedom Congress. The point is that no one has placed restrictions on its use, so even you could use it on a website if you wanted to. It’s out there for free, for anyone. Have you seen it? If that was my kids, you better believe I’d be proud enough of the job they did to put it out there as much as possible.

This is really not an issue, except for the fact that Mr. Lindsey has nothing better to do than try to make something good done for the benefit of Georgia’s school children into something evil. Mr. Lindsey should explain to us all why he is okay with his campaign sending emails to opponents under false names and why he personally lies to people like Mr. Hawkins.

P.S. As far as the bidding process, it is my understanding from talking to a state employee that anything done with another government agency is not subject to the bid process. Since it was done in house, between the DOE and GPB, and the Loudermilks were volunteering the content, there would be no need for a bid.

southernpol January 24, 2014 at 3:20 pm

Ok. Now I’m disappointed in you Rep. Lindsey. I know you read this, so please explain why you lied to me personally.

I had lunch with Ed at a fundraiser (for someone unrelated) the day after the story hit TV about Loudermilk and the video. Ed said to me and others that is wasn’t a big deal really, and there was so much more that he could hit Barry on. He said he didn’t know who brought to the TV station but he wasn’t concerned with it.

He went on further to say that someone brought him this story about the video a long time ago and his campaign wanted nothing to do with it and had no part of any of it. Well.. that appears to be a blatant lie.

Not only disappointed in the lie, but the attempt of your camp to essentially try to get someone to commit a crime. You care way too much about going to Washington.

Jacob Hawkins
Cartersville

Edward Lindsey January 24, 2014 at 5:05 pm

Jacob: give me a call at 404-926-4155. Anyone else can call and talk as well.

I believe I was straight forward with you a couple of weeks ago. I told you I had nothing to do with the WSB story and I did not. I told you that this issue had been floating around for a while and that we had looked into it and at the time did not know enough to go further and I preferred to focus on other issues. What has changed is that in the last two weeks Barry has made several statements that conflict with the public records. In addition, Barry used the video in a campaign solicitation piece after our talk in addition to using it as a promotional item on a web page to help sell his books. Personally, I think that is wrong.

These new facts are what has led me to lay out my concerns today in response to a post on PP yesterday.

As to NGG, I am sorry but getting the state to produce a $10,0000 video and then taking ownership of a it is a significant pay back. The state records do not support Barry’s claim of permission but if he did get it, it still does not explain Barry’s ethical limitations under Georgia law.

Once again, if anyone wishes to call please feel free to do so or e mail me at [email protected].

I am now going back to other issues.

Edward

NorthGeorgiaGirl January 24, 2014 at 5:17 pm

Mr. Lindsey, with all due respect, if the DOE is the one who approached Loudermilk, you are being extremely deceptive about this issue. Sounds to me like he was doing Dr. Barge a favor, not seeking this out for his own gain.

Not buying your faux outrage.

southernpol January 24, 2014 at 5:56 pm

Ed – did your campaign send an email under a false name to Loudermilk as was referenced in the AJC story in order to get him to sell the video?

If the answer is yes, then I do not feel like you were honest with me under the context that we were discussing. You said your campaign had their hands off of it completely the entire time.

Edward Lindsey January 24, 2014 at 9:52 pm

Jacob: I believe I was honest with you and my offer to talk with you about it or anyone else about any other subject still stands. Once again, Give me a call if you wish to discuss this further.

Edward

DonTreadOnMe February 10, 2014 at 2:12 pm

Jacob,
I’ve been following this with little fan fare. I’ve read what Ed and others wrote. I spoke with Barry about “other” issues that concern me more about him, and I have not made up my mind on those issue yet. I too thought this was lint picking on Ed’s behalf, until I really thought about it and put it in context of the current landscape of public sentiment about Career politicians (no matter they’re ideology). The fact here is perception is often it is not reality itself. I personally opened a Loudermilk Campaign Digest for the CCRP; last week(after the 24th). He had 6 photographs of events within. Since we all have the right to choose the Candidate of our choice, I thought I would take a closer look at was a supporter on the photograph. When I clicked on it – I was redirected viewing his lovely family and he in this wonderful video that I enjoyed; realizing this must be the film we are speaking of here. To that extent I was upset not with content or quality but the fact Barry is using it as a Campaign tool. Again my first hand experience with this is it is wrong. Just like people who sit on Election Boards holding Campaign events at their home openly supporting their Candidate of choice. It’s not illegal but it just tastes funny. As for the video, Barry just needs to make the tax payer whole because he’s using it within the Campaign. I’m sorry to point this out to you my friend. The one thing you will always get from me is straight talk. Ed too has been doing what he’s doing for a long time and I expect him to take warranted shots at his opponents. How he did this I cannot speak too; in the end I’m glad he did. Barry needs to clean the image up with this. Until then it does not sit right with me and my fellow Conservatives.

Noway January 24, 2014 at 3:38 pm

Eating popcorn waiting for Lindsey to pull a “foreign object” from his wrestling trunks. The ref is looking the other way…

Noway January 24, 2014 at 7:11 pm

Had to get up for a pee break. Help me connect the dots. Sounds like Ed’s group was trying to lure Loudermilk into selling this video, even though he supposedly made it to be available for free? Barry may sell other of his constitutional types of things but this one wasn’t one of those? Am I following right?

Michael Silver January 24, 2014 at 7:25 pm

Here’s what I got …. Loudermilk convinced the Georgia DOE to pay $10K pay for a video featuring himself (thankfully it wasn’t porn). Then he took the video that we paid for and is using it for his own benefit.

Loudermilk appears to have pulled off a small-scale corporate crony trick, a-la-Wall Street banks. He get’s paid $10K to make a movie to sell for more money. Heads Barry Wins, Tails Barry Wins. The loser in this scheme are our kids whose education budget is smaller by $10K.

Bill Arp January 26, 2014 at 1:22 pm

Ed,

I respect you and your politics. You have done very good things for the people of our state, however, I really thought you (and your politics) were better than this. This is being seen as a petty political attack that has no substance. We both know that personal services do not have to be bid out, much like when an attorney is hired by the state their services are not bid out. Furthermore Barry made a video about the constitution for the department of education….you should be happy that our state is teaching our students about the constitution.

Point blank Ed….clean it up. You could attack Bob Barr like you have Loudermilk and it would be believable but, really,…..Barry unethical….and for a video on the constitution with he and his family…c’mon man!!!! You claim he did not disclose this on his ethics report…..do you really think he was hiding something….it was on DOE’s website…..c’mon man!!!

I want to hear more about what you will do for us in Cherokee County and less about a video that depicts Barry loudermilk teaching the constitution.

Tell me,,,,because as a candidate, you have lost me……what do you plan to do in Congress that Barry will not do? Because I believe that you should watch Barry’s video and educate yourself on how to stop congress from taking our constitutional rights and less about petty political attacks. This is what matters to voters. This makes you seem desperate.

Jack Harrison January 26, 2014 at 2:34 pm

Bill,

Respectfully, what are a few things Sen. Loudermilk has done in the state house? Cause Ed has done quite bit, (Charter Schools, Anti-Human Trafficking, Improving our Right to Work Status, Criminal Justice Reform, Ethics Reform, etc).

All I know about Barry is red light cameras and for 10 years legislating…C’mon man.

Bill Arp January 26, 2014 at 3:45 pm

Jack,

Now, now, let’s give credit where credit is due…Charter School Commission bill was sponsored by Jan Jones, the criminal justices reform was sponsored by Rich Golick, and ethics reform was sponsored by Speaker David Ralston. I understand that he may have signed onto the bills (and as whip should have signed on) and supported them but giving him credit for these accomplishments is like taking sole credit for winning a basketball game because you made one shot.

Regardless, I wish your campaign would concentrate on the future not the past. The Lindsey campaign seems to be infatuated with outdated irrelevant facts. I want to know what you will do, not what you have done. Use this forum to tell me why I should vote for your candidate and contrast that with other candidates. No one cares about yesterday…..in politics it’s “what have you done for me lately”

Jack Harrison January 26, 2014 at 4:45 pm

Can you give me at least one legislative accomplishment that shows Loudermilk can implement real change while working in a legislative body like Congress?

Bill Arp January 26, 2014 at 6:19 pm

Jack,

According to you logic pretty much every bill that Ed Lindsey voted for you at giving him credit for its passage. I would submit to you that he and Barry have very similar voting records and generally support traditional Republican ideas (I don’t really see right to work legislation and anti-human trafficking as controversial). However, I believe voters look more at what candidate represents their district better not the person who can get more laws or regulations changed. We have enough restrictive laws and regulations!

This district is difficult because the same person has to relate to the suits on west paces ferry roads and the suspenders in Waleska. The difference I see are the tactics of the campaigns. I just don’t think the people of the rural part of this district appreciate Mr. Lindsey’s petty attack, we are ready to hear what you are gonna do for our district. The election is a little over 100 days away and I have not heard anything of substance from Mr. Lindsey’s campaign.

Jack Harrison January 26, 2014 at 6:30 pm

No according to my logic, bills that he sponsored that passed are his legislative accomplishments. And I think your confused on this…but I’m not Ed Lindsey, hes three comments up…but even if you don’t want to count Ethics Reform and Criminal Justice Reform (which you should) you can’t deny his accomplishments on passing a bill on human trafficking, or the fact he chaired the committee to get Charter Schools passed by Ga voters, or his work on several other issues.

Ed has released policy papers and his take on the issues every week, I actually haven’t seen Barry release policy papers. Links?

I think voters don’t just want a congressmen to go to congress and vote. I think they want someone to push through their initiatives and make change…Ed has proven that, my only question is has Barry?

Bill Arp January 26, 2014 at 6:45 pm

Well then according to your logic we should give minority leader Stacy Abrams credit for passing ethic reform and the state budget?

If Lindsey ‘s campaign has released policy posers maybe they should do better job of promoting their positions rather than attacking another candidate about teaching the constitution.

Jack Harrison January 26, 2014 at 7:13 pm

Fine, Stacey Abrams can have credit for Ethics reform. You win.

It’s truly disheartening that you can’t give me one piece of legislation that Barry led the fight on that passed. I did that for Ed Lindsey.

You should sign up for his email list, then you’d see the policy stuff you’ve been looking for. I get Barry’s emails and don’t see any of his views on current events.

Jack Harrison January 26, 2014 at 7:20 pm

Also on your relating to Waleska comment. I believe there mayor has endorsed him.

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