§ 2-63. Code of ethics.

(a)

Declaration of policy. It is the policy of the city that the proper operation of democratic government requires that public officials be independent, impartial and responsible to the people; that governmental decisions and policy be made in proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all city officials is adopted.

This code has the following purposes: (1) to encourage high ethical standards in official conduct by city officials; (2) to establish guidelines for ethical standards of conduct for all such officials by setting forth those acts or actions that are incompatible with the interest of the city; (3) to require disclosure by such officials of private financial or other interest in manners affecting the city; and (4) to serve as a basis for disciplining those who refuse to abide by its terms.

The provisions of this section shall not apply to political contributions, loans, expenditures, reports or regulation of political campaigns or the conduct of candidates in such campaigns.

(b)

Scope of persons covered. The provisions of this code of ethics shall be applicable to all members of the city council, planning and zoning commission all advisory commissions, and committee members.

(c)

Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

City official or official, unless otherwise expressly defined, means the mayor, members of the city council and includes individuals appointed by the mayor and city council to all city commissions, committees, boards, task forces, or other city bodies unless specifically exempted from this section by the city council.

Decision means any ordinance, resolution, contract, franchise, formal action or other matter voted on by the city council or other city board or commission, as well as the discussions or deliberations of the council, board, or commission which can or may lead to a vote or formal action by that body.

Discretionary authority means the power to exercise any judgment in a decision or action.

Entity means a sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, receivership, trust or any other entity recognized by law through which business may be conducted.

Immediate family means spouse, mother, father, brother, sister, son, or daughter of any city official.

Incidental interest means an interest in a person, entity or property which is not a substantial interest and which has insignificant value.

Remote interest means an interest of a person or entity, including a city official, who would be affected in the same way as the general public. The interest of a council member in the property tax rate, general city fees, city utility charges, or a comprehensive zoning ordinance or similar decisions is incidental to the extent that the council member would be affected in common with the general public.

Substantial interest means a known interest, either directly or through a member of the immediate family, in another person or entity: (1) the interest is ownership of five percent or more of the voting stock, shares or equity of the entity or ownership of $5,000.00 or more of the equity or market value of the entity; or (2) funds received by the person from the other person or entity either during the previous 12 months or the previous calendar year equaling or exceeding $5,000.00 in salary, bonuses, commissions or professional fees or $5,000.00 in payment for goods, products or nonprofessional services, or ten percent of the recipient's gross income during that period, whichever is less; (3) the person serves as a corporate officer or member of the board of directors or other governing board of the for-profit entity other than a corporate entity owned or created by the city council; or (4) the person is a creditor, debtor, or guarantor of the other person or entity in an amount of $5,000.00 or more. Substantial interest in real property means an interest in real property which is an equitable or legal ownership with a market value of $5,000.00 or more.

(d)

Standards of conduct.

(1)

No council member or member of any board or commission shall use such position to secure special privileges or exemptions for such person or others, or to secure confidential information for any purpose other than official responsibilities.

(2)

No council member or member of a board or commission, in any matter before the council, board or commission in which he has a substantial interest, shall fail to disclose for the common good for the record such interest prior to any discussion or vote.

(3)

No council member or member of a board or commission shall act as a agent or attorney for another in any matter before the city council or any board or commission.

(4)

No council member or commissioner shall directly or indirectly receive, or agree to receive, any compensation, gift, reward, or gratuity in any matter or proceeding connected with, or related to, the duties of his office except as may be provided by law.

(5)

No council member or member of any board or commission shall enter into any contract with the city except as specifically authorized by state statutes. Any council member or member of a board or commission who has a proprietary interest in an agency doing business with the city shall make known that interest in writing to the city council and the city clerk.

(6)

All public funds shall be used for the general welfare of the people and not for personal economic gain.

(7)

Public property shall be disposed of in accordance with Georgia law.

(8)

No city official shall solicit or accept other employment to be performed or compensation to be received while still a city official or employee, if the employment or compensation could reasonably be expected to impair in judgment or performance of city duties.

(9)

If a city official accepts or is soliciting a promise of future employment from any person or entity who has a substantial interest in a person, entity or property which would be affected by any decision upon which the official might reasonably be expected to act, investigate, advise, or make a recommendation, the official shall disclose the fact to the board or commission on which he serves or to his supervisor and shall take no further action on matters regarding the potential future employer.

(10)

No city official shall use city facilities, personnel, equipment or supplies for private purposes, except to the extent such are lawfully available to the public.

(11)

No city official or employee shall grant or make available to any person any consideration, treatment, advantage or favor beyond that which it is the general practice to grant or make available to the public at large.

(12)

No city official shall order any goods and/or services for the city without prior official authorization for such expenditure.

(e)

Conflict of interest. Prohibition of conflict of interest. A city official may not participate in a vote or decision on a matter affecting a person, entity, or property in which the official or employee has a substantial interest; in addition, a city official or employee who serves as a corporate officer or member of the board of directors of a nonprofit entity may not participate in a vote or decision regarding funding by or through the city of the entity. Where the interest of a city official or employee in the subject matter of a vote or decision is remote or incidental, the city official or employee may participate in the vote or decision and need not disclose the interest.

(f)

Exemptions. This code shall not be constructed to require the filing of any information relating to any person's connection with, or interest in, any professional society or any charitable, religious, social, fraternal, educational, recreational, public service, civil or political organization, or any similar organization not conducted as a business enterprise or governmental agency, and which is not engaged in the ownership or conduct of a business enterprise or governmental agency.

(g)

Severability. The provisions of this section are severable. If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provisions or application.

(h)

Ethics committee.

(1)

The city council shall appoint an ethics committee consisting of three persons. All members shall be residents of the city and shall serve a three-year term.

(2)

Prospective members shall be identified and their names submitted to the clerk/treasurer within 30 days of the date on which a vacancy position occurs. The clerk/treasurer will sound their names at the next regularly scheduled council meeting.

(3)

Nominees shall be subject to an education and employment background check as well as a criminal history check. Nominees shall execute all releases necessary to accomplish the same.

(4)

The clerk/treasurer shall assemble all relevant information and present it to the city council contemporaneously with the presentation of the nominee for consideration.

(5)

Members of the ethics committee must be approved by at least a four-fifths vote of the city council and shall be appointed in staggered term lengths initially in such manner as to permit one term to terminate each year. The members of the ethics committee shall serve without compensation.

(6)

The position of a member of the committee shall be deemed vacated:

a.

Upon the expiration of his or her term;

b.

Upon the death of a member or the disability or incapacity of a member for more than 90 days;

c.

Upon the written resignation of the member;

d.

By the member ceasing to be a resident of the city; or

e.

Upon removal of the member for good cause by a majority vote of the city council.

(7)

Ethics committee members shall be prohibited from engaging in city election political activities and from making campaign contributions to candidates in city elections during their terms as committee members. Violations of this subsection may be punished by removal from committee membership by a majority vote of the city council.

(i)

Receipt of complaints.

(1)

All complaints shall be verified and filed in writing with the clerk/treasurer and referred to the ethics committee. All written complaints shall contain a clear and concise statement of acts upon which the complaint is based along with an allegation that such facts constitute one or more violations of law, a reference to the statutory provision(s) allegedly violated, any further information which might support the allegations in the complaint including, but not limited to, name and address of all other persons who have firsthand knowledge of the facts alleged in the complaint and any documentary evidence that supports the facts alleged in the complaint.

(2)

The ethics committee may require that complaints illegibly or informally drawn be reduced to a complaint in proper form. The ethics committee shall in such instance advise the complainant of the defect in the complaint and that the complaint will not be considered unless the defect is corrected.

(3)

Upon receipt of a complaint, the ethics committee shall send a copy of the complaint to the accused affording an opportunity to respond to the complaint within seven days in writing if desired. Responses or other documents submitted by the complainant or the accused after the seven-day period may be disregarded during the preliminary investigation.

(4)

Upon receipt of a complaint in proper form and notice to the accused and the passage of more than seven days, the ethics committee shall within two weeks of receipt of the original complaint:

a.

Review it to determine whether the complaint is unjustified, frivolous, patently unfounded or fails to state facts sufficient to show there may be probable cause to invoke the disciplinary action or is to be considered for further investigation.

b.

Be empowered to dismiss those complaints which are unjustified, frivolous, patently unfounded or which fail to state facts sufficient to show there may be probable cause to invoke the disciplinary jurisdiction of the city council; provided, however, that a rejection of such complaint by the ethics committee shall not deprive the complaining party of any action he or she might otherwise have at law or in equity against the accused.

c.

Be empowered to collect evidence and information concerning any complaint and to add the findings and results of its investigations to the file containing such complaint.

d.

Be empowered to conduct probable cause investigations, to take evidence, and hold hearings. The ethics committee shall be empowered to adopt forms for formal complaints, subpoenas, notices, applications for reinstatement and any other written instruments necessary or desirable under these rules.

e.

Make recommendations to the city council to invoke disciplinary action as described hereinafter.

f.

All recommendations by the ethics committee shall be taken within 30 days of receipt of the complaint.

(j)

Service of recommendation; hearings and disposition of complaints.

(1)

The recommendation by the ethics committee shall be reduced to writing and served upon all parties in interest and to the clerk/treasurer and to the city council within five days of reaching a recommendation. Service shall be by personal service.

(2)

The city council shall take action upon the recommendation of the ethics committee at the next regular meeting of city council following receipt of the recommendation, by holding a hearing at said meeting. Notice thereof shall be personally served upon the complainant and the accused.

(3)

The city council shall conduct the hearing in accordance with the procedures and regulations it establishes but, in all circumstances, the hearing shall include the taking of testimony and the cross-examination of witnesses. The accused and the complainant shall have the right to be represented by counsel, to hear and examine the evidence and witnesses and to present evidence and witnesses in opposition or in extenuation.

(4)

Upon the conclusion of the presentation of evidence, the city council shall deliberate in public, and reach a majority decision by public vote.

(5)

The decision of the city council shall be tendered to the accused and to the complainant within five days after completion of the hearing.

(k)

Right to appeal.

(1)

Any accused or complainant adversely affected by the decision may obtain judicial review of such decision as provided in this section. Decisions of the city council shall be reviewable by the county superior court upon notice in writing filed within 30 days of receipt of notice of the decision of the city council. The filing of such application shall act as a supersedeas, staying the enforcement of the decision appealed from.

(2)

Review by the superior court shall be limited to inquiry of whether there was any evidence before the city council which supported the decision of the city council.

(3)

Provided, however, no action of the city council refusing or failing to take action pursuant to this code of ethics shall be reviewable by the superior court.

(l)

Penalties. Any person found to have violated any provisions of this section may be subject to written and oral reprimand or public censure by the city council and/or request for resignation by the city council.

(Code 1982, § 3-106; Ord. of 11-14-2006; Amend. of 5-8-2007, § 1; Amend. of 12-9-2008, § 1)