24 LC 47 2904/AP
House Bill 1444 (AS PASSED HOUSE AND SENATE)
By: Representatives Scott of the 76
th
, Neal of the 79
th
, Douglas of the 78
th
, Burnough of the
77
th
, and Bell of the 75
th
A BILL TO BE ENTITLED
AN ACT
To amend an Act creating the Clayton County Board of Commissioners, approved
1
February 8, 1955 (Ga. L. 1955, p. 2064), as amended, so as to provide a code of ethics; to2
establish a board of ethics; to provide for related matters; to repeal conflicting laws; and for3
other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
An Act creating the Clayton County Board of Commissioners, approved February 8, 19557
(Ga. L. 1955, p. 2064), as amended, is amended by adding a new section to read as follows:8
"SECTION 14.1.9
(a) Purpose.10
(1) It is essential to the proper administration and operation of the Clayton County11
government that its officials and employees be, and give the appearance of being,12
independent and impartial, that public office not be used for private gain, and that there13
be public confidence in the integrity of Clayton County officials and employees. Because14
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the attainment of one or more of these ends is impaired whenever there exists in fact, or
15
appears to exist, a conflict between the private interests and public responsibilities of16
officials and employees, the public interest requires that the General Assembly protect17
against such conflicts of interest by establishing by law appropriate ethical standards with18
respect to the conduct of the officials and employees of Clayton County in situations19
where a conflict may exist.20
(2) The General Assembly recognizes that an appropriate and effective code of ethics for21
appointed officials and employees of Clayton County is also essential for the proper22
administration and operation of the Clayton County government.23
(b) Definitions. As used in this section, the term:24
(1) 'Agency' means any board, bureau, body, commission, committee, department, or25
office of Clayton County to which the board of commissioners has appointment powers.26
(2) 'Business' means any corporation, partnership, organization, sole proprietorship, other27
entity operated for economic gain, whether professional, industrial, or commercial, and28
entity which for purposes of federal income taxation is treated as a nonprofit29
organization.30
(3) 'Confidential information' means information which has been obtained in the course31
of holding public office, employment, acting as an independent contractor, or otherwise32
acting as an official or employee and which information is not available to members of33
the public under state law or other law or regulation and which the official, independent34
contractor, or employee is not authorized to disclose.35
(4) 'Contract' means any claim or demand against or any lease, account, or agreement36
with any person, whether express or implied, executed or executory, verbal or in writing.37
(5) 'Emergency situation' means any circumstance or condition giving rise to an38
immediate necessity for the execution of a contract by and between Clayton County and39
an official or employee or between Clayton County and a business in which an official40
or employee has an interest and where, to the satisfaction of the board of commissioners,41
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it is shown that there is no one other than such persons with whom the contract could
42
have been made and that the necessity was not brought about by such persons' own fault43
or neglect.44
(6) 'Immediate family' means an official or employee and his or her spouse, parents,45
brothers, sisters, and natural or adopted children.46
(7) 'Interest' means any direct or indirect pecuniary or material benefit held by or47
accruing to the official or employee as a result of a contract or transaction which is or48
may be the subject of an official act or action by or with Clayton County. Unless49
otherwise provided in this section, the term 'interest' does not include any remote interest. 50
An official or employee shall be deemed to have an interest in transactions involving:51
(A) Any person in the official's or employee's immediate family;52
(B) Any person, business, or entity that the official or employee knows or should know53
is seeking official action with Clayton County, is seeking to do or does business with54
Clayton County, has interests that may be substantially affected by performance or55
nonperformance of the official's or employee's official duties, or with whom a56
contractual relationship exists whereby the official or employee may receive any57
payment or other benefit;58
(C) Any business in which the official or employee is a director, officer, employee,59
shareholder, or consultant; or60
(D) Any person of whom the official or employee is a creditor, whether secured or61
unsecured.62
(8) 'Official or employee' means any person elected or appointed to or employed or63
retained by Clayton County or any agency, whether paid or unpaid and whether part time64
or full time. Such term includes retired employees or former county employees during65
the period of time in which they are later employed or retained by the county or any66
agency. Such term does not include superior and state court judges and their immediate67
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staffs, the district attorney, the solicitor of the state court, the clerks of the superior and
68
state courts, magistrates, the judge of the probate court, and their respective staffs.69
(9) 'Official act or action' means any legislative, administrative, appointive, or70
discretionary act of the board of commissioners, the chairperson of the board of71
commissioners, or a commissioner.72
(10) 'Paid' means the receipt of, or right to receive, a salary, commission, percentage,73
brokerage, or contingent fee.74
(11) 'Participating' means to take part in official acts, actions, or proceedings personally75
as an official or employee through approval, disapproval, decision, recommendation,76
investigation, the rendering of advice, or the failure to act or perform a duty.77
(12) 'Person' means any individual, business, labor organization, representative,78
fiduciary, trust, or association, whether paid or unpaid, and includes any official or79
employee of Clayton County.80
(13) 'Property' means any property, whether real or personal or tangible or intangible,81
and includes currency and commercial paper.82
(14) 'Remote interest' means the interest of:83
(A) A nonsalaried director, officer, or employee of a nonprofit organization;84
(B) A holder of less than 5 percent of the legal or beneficial ownership of the total85
shares of a business;86
(C) Any person in a representative capacity, such as a receiver, trustee, or87
administrator; or88
(D) Any person who, by determination of the board of ethics, is deemed to have such89
an interest.90
(15) 'Transaction' means the conduct of any activity that results in or may result in an91
official act or action of an official or employee of Clayton County.92
(c) Proscribed Conduct. No official or employee of Clayton County shall:93
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(1) By his or her conduct give reasonable basis for the impression that any person can
94
improperly influence him or her or unduly enjoy his or her favor in the performance of95
his or her official acts or actions or that he or she is affected unduly by the rank or96
position of or kinship or association with any person;97
(2)(A) Directly or indirectly request, exact, receive, or agree to receive a gift, loan,98
favor, promise, or thing of value for himself or herself or another person if:99
(i) It tends to influence him or her in the discharge of his or her official duties; or100
(ii) He or she recently has been, or is now, or in the near future may be, involved in101
any official act or action directly affecting the donor or lender.102
(B) Subparagraph (A) of this paragraph shall not apply in the case of:103
(i) An occasional nonpecuniary gift of value less than $100.00;104
(ii) An award publicly presented in recognition of public service; or105
(iii) A commercially reasonable loan made in the ordinary course of business by an106
institution authorized by the laws of Georgia to engage in the making of such a loan;107
(3) Disclose or otherwise use confidential information acquired by virtue of his or her108
position for his or her or another person's private gain;109
(4) Appear on his or her own personal behalf, or represent, advise, or appear on the110
personal behalf, whether paid or unpaid, of any person before any court or before any111
legislative, administrative, or quasi-judicial board, agency, commission, or committee of112
this state or of any county or municipality concerning any contract or transaction which113
is or may be the subject of an official act or action of Clayton County or otherwise use114
or attempt to use his or her official position to secure unwarranted privileges or115
exemptions for himself or herself or other persons;116
(5) Engage in, accept employment with, or render services for any agency, private117
business, or professional activity when such employment or rendering of services is118
adverse to and incompatible with the proper discharge of his or her official duties;119
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(6) Acquire an interest in any contract or transaction at a time when he or she believes
120
or has reason to believe that such an interest will be affected directly or indirectly by his121
or her official act or actions or by the official acts or actions of other officials or122
employees of Clayton County; or123
(7) Engage in any activity or transaction that is prohibited by law now existing or124
hereafter enacted which is applicable to him or her by virtue of his or her being an official125
or employee of Clayton County.126
(d) Gifts to certain employees. No employee of the purchasing department of Clayton127
County shall accept any gift of value from anyone who has had or may reasonably be128
anticipated to have any business with or before such department. Gifts from persons who129
do not have or who would not be reasonably anticipated to have any business with or130
before such department may be accepted by an employee of such department only when131
such gifts are based solely on a family relationship or personal friendship.132
(e) Disclosure of interests. An official or employee who has an interest that he or she has133
reason to believe may be affected by his or her official acts or actions or by the official acts134
or actions of another official or employee of Clayton County shall disclose the precise135
nature and value of such interest by sworn written statement to the board of ethics and ask136
for the board's opinion as to the propriety of such interest. Every official or employee who137
knowingly has any interest, direct or indirect, in any contract to which Clayton County is138
or is about to become a party, or in any other business with Clayton County, shall make full139
disclosure of such interest to the board of commissioners and to the ethics officer and the140
board of ethics. The information disclosed by such sworn statements, except for the141
valuation attributed to the disclosed interest, shall be made a matter of public record by the142
board of ethics. In cases where a conflict of interest exists, such official or employee shall143
recuse himself or herself from participating or taking any official acts or actions in any144
matter for the county affected by such conflict of interest.145
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(f) Participation in contracts.
146
(1) An official or employee shall disqualify himself or herself from participating in any147
official act or action of Clayton County directly affecting a business or activity in which148
he or she has any interest, whether or not a remote interest.149
(2) Clayton County shall not enter into any contract involving services or property with150
an official or employee of the county or with a business in which an official or employee151
of the county has an interest. This subsection shall not apply in the case of:152
(A) The designation of a bank or trust company as a depository for county funds;153
(B) The borrowing of funds from any bank or lending institution which offers the154
lowest available rate of interest for such loans;155
(C) Contracts for services entered into with a business which is the only available156
source for such goods or services; or157
(D) Contracts entered into under circumstances which constitute an emergency158
situation, provided that a record explaining the emergency is prepared by the board of159
commissioners and submitted to the board of ethics at its next regular meeting and160
thereafter kept on file.161
(3) Clayton County shall not enter into any contract with, or take any official act or162
action favorably affecting, any person, or business represented by such person, who has163
been within the preceding two-year period an official or employee of Clayton County.164
(g) Reporting violations.165
(1) Any person who witnesses or becomes aware of a violation of this section may166
complain of the violation as follows:167
(A) A complaint may be communicated anonymously to the ethics administrator. Such168
complaint shall be made in good faith and with veracity and sufficient specificity so as169
to provide the ethics officer with salient and investigable facts. The ethics170
administrator may require the anonymous complaint to be made in a manner and form171
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that is intended only to obtain relevant facts related to the alleged violation of this
172
section and that is not designed to reveal the identity of the complainant; and173
(B) A sworn written complaint may be filed with the ethics administrator as described174
in this subparagraph. All written complaints to be considered by the board of ethics and175
the ethics officer shall contain the following, if applicable:176
(i) The name and address of the person or persons filing the complaint;177
(ii) The sworn verification and signature of the complainant;178
(iii) The name and address of the party or parties against whom the complaint is filed179
and, if such party is a candidate, the office being sought;180
(iv) A clear and concise statement of facts upon which the complaint is based along181
with an allegation that such facts constitute one or more violations of law under the182
jurisdiction of the board of ethics;183
(v) A general reference to the allegedly violated statutory provisions of the code of184
ethics within the jurisdiction of the board of ethics; and185
(vi) Any further information which might support the allegations in the complaint,186
including, but not limited to, the following:187
(I) The names and addresses of all other persons who have first-hand knowledge188
of the facts alleged in the complaint; and189
(II) Any documentary evidence that supports the facts alleged in the complaint.190
(2) Upon receipt of a complaint by the ethics administrator, the ethics administrator shall191
send a written notice to the subject of the complaint by the next business day. Both this192
notice and any subsequent documents shall be subject to Article 4 of Chapter 18 of193
Title 50 of the O.C.G.A.194
(3) Upon receipt of a written, nonanonymous complaint which does not conform to the195
applicable requirements of subparagraph (B) of paragraph (1) of this subsection, the196
ethics administrator shall by letter acknowledge receipt of the complaint and advise the197
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complainant of the defect in the complaint and that the complaint will not be considered
198
by the board of ethics unless the defect is corrected.199
(h) Enactment.200
(1) This section shall be construed liberally to effectuate its purpose and policies and to201
supplement such existing laws as may relate to the conduct of officials or employees.202
(2) The propriety of any official act or action taken by or transaction involving any203
officials or employees immediately prior to the time this section shall take effect shall not204
be affected by the enactment of this section.205
(3) The provisions of this section are severable, and if any of its provisions shall be held206
unconstitutional or invalid by a court of competent jurisdiction, the decision of the court207
shall not affect or impair any of the remaining provisions.208
(i) Board of Ethics.209
(1)(A) There is created the Board of Ethics of Clayton County to be composed of seven210
citizens of Clayton County to be appointed as provided in paragraph (2) of this211
subsection.212
(B) Each member of the board of ethics shall have been a resident of Clayton County213
for at least one year immediately preceding the date of taking office and shall remain214
a resident of the county, and where applicable the commission district he or she215
represents, while serving as a member of the board of ethics.216
(C) No person shall serve as a member of the board of ethics if the person has, or has217
had within the immediately preceding two-year period, any interest in any contract,218
transaction, or official act or action of Clayton County.219
(D) No member of the board of ethics shall be a member of an agency or an official or220
employee of Clayton County or shall have served in such a capacity in the two-year221
period immediately preceding such person's appointment to the board of ethics.222
(E) No person shall serve as a member of the board of ethics if the person has been a223
candidate for, or was elected to, public office in the immediately preceding three-year224
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period. Filing for an elective office shall constitute a resignation from the board of
225
ethics on the date of filing.226
(F) Appointees to the board of ethics shall have professional knowledge or expertise227
in matters of ethics, finance, governance, or the law.228
(G) All proposed appointments to the board of ethics shall be subject to an education229
and employment background check as well as a criminal history check. Persons230
proposed to be appointed to the board of ethics shall execute all releases necessary for231
the appointing authority to accomplish such checks. If the nominee is determined to232
have committed a felony, the nomination shall be withdrawn.233
(2)(A) The initial board of ethics shall be appointed as provided in this paragraph to234
take office on January 1, 2025, and to serve for the terms prescribed in this paragraph.235
(B) Not later than December 1, 2024, the members of the initial board of ethics shall236
be selected as follows:237
(i) Five members shall be appointed by the grand jury of Clayton County, provided238
that each such member shall reside in a different commission district than the other239
members appointed pursuant to this subparagraph; and240
(ii) Two members shall be appointed by the tax commissioner of Clayton County.241
(C) In addition to the members appointed as provided in subparagraph (B) of this242
paragraph, there shall be two alternate members who shall serve to ensure a quorum243
when members of the board are absent, have a conflict of interest, or find it necessary244
to recuse themselves or while a vacancy exists on the board. The alternates shall be245
selected by the clerk of the Superior Court of Clayton County.246
(D) The members and alternates shall each serve for terms of three years; provided,247
however, that the terms of the initial appointees of the grand jury shall be specified at248
the time of their appointments. One shall serve until December 31, 2025, and until the249
appointment and qualification of his or her successor, whichever occurs later; one shall250
serve until December 31, 2026, and until the appointment and qualification of his or her251
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successor, whichever occurs later; and one shall serve until December 31, 2027, and
252
until the appointment and qualification of his or her successor, whichever occurs later. 253
The initial member appointed by the tax commissioner of Clayton County shall serve254
until December 31, 2026, and until the appointment and qualification of his or her255
successor, whichever occurs later. The initial alternate members appointed by the clerk256
of the Superior Court of Clayton County shall serve the terms specified by the clerk of257
the superior court at the time of the initial appointments. One shall serve until258
December 31, 2025, and until the appointment and qualification of his or her successor,259
whichever occurs later, and one shall serve until December 31, 2027, and until the260
appointment and qualification of his or her successor, whichever occurs later.261
(E) Successors to all members and alternates of the board of ethics and future262
successors shall be appointed by the respective appointing authorities not less than 30263
days prior to the expiration of each such member's term of office, and such successors264
shall take office on January 1 following such appointment and shall serve terms of three265
years and until their respective successors are appointed and qualified. No individual266
shall be appointed to more than two consecutive terms, provided that the initial terms267
under this Act shall not be counted in such determination.268
(F) The clerk of the Superior Court of Clayton County shall provide administrative269
assistance to the grand jury regarding the appointment of board members pursuant to270
this section. Upon a vacancy occurring or the conclusion of the term of a board271
member appointed pursuant to division (i) of subparagraph (B) of this paragraph, the272
clerk of the Superior Court of Clayton County shall notify the then sitting grand jury273
of its duty pursuant to this section.274
(3) If a member of the board of ethics ceases to be a resident of Clayton County, and275
where applicable the commission district he or she represents, that member's position on276
the board of ethics, by operation of law, shall become vacant upon the establishment of277
the fact of such nonresidency, if contested, by a court of competent jurisdiction. A278
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vacancy in the board of ethics shall exist by reason of death, the disability or incapacity
279
of a member for more than 90 days, resignation, or loss of residency as described in this280
paragraph. A member of the board of ethics may be removed from office during a term281
if the member becomes ineligible to hold civil office within the meaning of Code282
Section 45-2-1 of the O.C.G.A. and that ineligibility is established by decision of a court283
of competent jurisdiction which declares the office vacant because of such ineligibility284
or for good cause by a majority vote of the board of ethics. The ethics officer shall notify285
the clerk of the Superior Court of Clayton County and the tax commissioner of Clayton286
County of a vacancy upon its occurrence, and such vacancy shall be filled for the287
unexpired term by the respective appointing authority.288
(4) The members of the board of ethics shall serve without compensation and shall elect289
from their own membership a chairperson and otherwise provide for their own internal290
organization. The board of commissioners shall provide adequate office and meeting291
space and pay all administrative costs, including those specifically stipulated in this292
section, pertaining to the operation of the board of ethics. The board of ethics shall be293
authorized to employ its own staff and clerical personnel and contract for the services of294
a competent court reporter, an attorney, and a private investigator as it deems necessary.295
The members of the board of ethics shall have the authority to propose the budget of the296
board and shall recommend the budget to the board of commissioners, who shall fund it297
as a priority. In the event that the proposed budget is in excess of $200,000.00, the board298
of commissioners shall have the authority to authorize the additional funds requested in299
accordance with standard budgetary procedures and requirements. The board of ethics300
shall be completely independent and shall not be subject to control or supervision by the301
chairperson of the board of commissioners, the board of commissioners, or any other302
official, employee, or agency of the county government.303
(5) The board of ethics shall have the following duties:304
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(A) To establish procedures, rules, and regulations governing its internal organization
305
and the conduct of its affairs;306
(B) To render advisory opinions with respect to the interpretation and application of307
this section to all officials or employees who seek advice as to whether a particular308
course of conduct would constitute a violation of the standards imposed in this section309
or other applicable ethical standards. Such opinions shall be binding on the board of310
ethics in any subsequent complaint concerning the official or employee who sought the311
opinion and acted in good faith, unless material facts were omitted or misstated in the312
request for the advisory opinion;313
(C) To prescribe forms for the disclosures required in this section and to make314
available to the public the information disclosed as provided in this section;315
(D) To receive and hear complaints of violations of the standards required by this316
section over which it has personal and subject matter jurisdiction;317
(E) To make such investigations as it deems necessary to determine whether any318
official or employee has violated or is about to violate any provisions of this section;319
and320
(F) To hold such hearings and make such inquiries as it deems necessary for it to carry321
out properly its functions and powers.322
(j) Ethics officer.323
(1) There is hereby created as a full-time salaried position an ethics officer for Clayton324
County. The ethics officer must be an active member of the State Bar of Georgia in good325
standing with five years' experience in the practice of law. The ethics officer shall be326
appointed by a majority of the members of the board of ethics, subject to confirmation327
by a majority of the board of commissioners, for a period not to exceed six years.328
Removal of the ethics officer before the expiration of the designated term shall be for329
cause by a majority vote of the members of the board of ethics. The ethics officer need330
not be a resident of the county at the time of his or her appointment, but he or she shall331
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reside in Clayton County within six months of such appointment and continue to reside
332
therein throughout such appointment.333
(2) The ethics officer shall not be involved in partisan or nonpartisan political activities334
or the political affairs of Clayton County.335
(3) The duties of the ethics officer shall include, but not be limited to, the following:336
(A) Educating and training all county officials and employees to have an awareness337
and understanding of the mandate for and enforcement of ethical conduct and advising338
them of the provisions of the code of ethics of Clayton County;339
(B) Meeting with the board of ethics;340
(C) Advising officials and employees regarding disclosure statements and reviewing341
the same to ensure full and complete financial reporting;342
(D) Urging compliance with the code of ethics by calling to the attention of the board343
of ethics any failure to comply or any issues, including the furnishing of false or344
misleading information, that the ethics officer believes should be investigated by the345
board of ethics so that the board of ethics may take such action as it deems appropriate;346
(E) Monitoring, evaluating, and acting upon information obtained from an ethics347
hotline, which shall be a county telephone number for the receipt of information about348
ethical violations. Each complaint, as of the time it is reported, whether by telephone349
or otherwise, shall be deemed to be a separate pending investigation of a complaint350
against a public officer or employee as provided by Article 4 of Chapter 18 of Title 50351
of the O.C.G.A.;352
(F) Reporting, as appropriate, suspected ethical violations to the board of ethics;353
(G) Reporting, as appropriate, suspected criminal violations to state or federal law354
enforcement agencies; and355
(H) Filing with the board of ethics and the board of commissioners on the first Tuesday356
of each February a written report describing the activities of the ethics officer in357
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carrying out the goals of his or her office and the code of ethics and reporting on the
358
ethical health of Clayton County.359
(k) Ethics administrator.360
(1) There is hereby created as a full-time salaried position an ethics administrator for361
Clayton County. The ethics administrator shall be selected by the board of ethics and362
shall serve at the pleasure of the board.363
(2) The ethics administrator shall not be involved in partisan or nonpartisan political364
activities or the political affairs of Clayton County.365
(3) The duties of the ethics administrator shall include, but not be limited to, the366
following:367
(A) Maintaining the records of the board of ethics as required by Article 4 of368
Chapter 18 of Title 50 of the O.C.G.A.;369
(B) Notifying the subject of a report of any alleged violation of the ethics code,370
whether the report is anonymous, made by an identified individual, or written. Such371
notice shall be given in writing to the subject of the complaint at the same time and in372
the same form that any disclosure of information is required by Article 4 of Chapter 18373
of Title 50 of the O.C.G.A.;374
(C) Notifying the board of ethics of any report of an alleged violation of the ethics code375
received by the ethics administrator; and376
(D) Such other duties as may be assigned by the board of ethics.377
(l) Investigations and hearings. 378
(1) The board of ethics shall conduct investigations into alleged violations of the code379
of ethics, hold hearings, and issue decisions as prescribed in this subsection.380
(2) The proceedings and records of the board of ethics shall be open unless otherwise381
permitted by state law.382
(3) Upon request of the board of ethics, the Clayton County Solicitor or any attorney383
representing the office of the Clayton County Solicitor, or in the event of a conflict any384
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attorney who shall be selected by a majority vote of the board of ethics, shall advise the
385
board of ethics.386
(4) A complaint may be filed by the ethics officer, any resident, or a group of residents387
of Clayton County by submitting to the ethics administrator a written, verified, and sworn388
complaint under the penalty of perjury or false swearing. The complaint shall specifically389
identify all provisions of the Clayton County code of ethics which the subject of the390
complaint is alleged to have violated, set forth facts as would be admissible in evidence391
in a court proceeding, and show affirmatively that the complainant or affiant, if in392
addition to or different from the complainant, is competent to testify to the matter set393
forth therein. All documents referenced in the complaint as well as supporting affidavits394
shall be attached to the complaint.395
(5) Upon receipt of the complaint, the ethics administrator shall bring the complaint396
before the board of ethics which shall cause the ethics officer to conduct a preliminary397
investigation to determine whether it meets the jurisdictional requirements as set forth in398
this section. Upon the conclusion of the preliminary investigation, the ethics officer shall399
report his or her findings to the board. If, in the opinion of the board, the complaint fails400
to meet the jurisdictional requirements as set forth in this section, the board shall direct401
the ethics officer to notify the person who filed the complaint and such person shall have402
ten days from the date of notice to correct and refile the complaint with the board. A403
complaint which fails to satisfy the jurisdictional requirements as established by this404
section and by the rules and procedures established by the board of ethics shall be405
dismissed by the board of ethics no later than 30 days after the complaint is filed with the406
ethics administrator, unless extended by a majority vote of the board of ethics.407
(6) The ethics officer will report his or her findings and recommendation to the board of408
ethics and advise whether there is probable cause for belief that the code of ethics has409
been violated, warranting a formal hearing. If the board of ethics determines, after the410
preliminary investigation of a complaint by the ethics officer, that there does not exist411
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probable cause for belief that this section has been violated, the board of ethics shall so
412
notify the complainant and the subject of the investigation, and the complaint will be413
dismissed. If the board of ethics determines, after a preliminary investigation of the414
complaint by the ethics officer, that there does exist probable cause for belief that this415
section has been violated, the board of ethics shall give notice to the person involved to416
attend a hearing to determine whether there has been a violation of this section.417
(7) For use in proceedings under this section, the board of ethics shall have the power to418
issue subpoenas to compel any person to appear, give sworn testimony, or produce419
documentary or other evidence. Any person who fails to respond to such subpoenas may420
be subjected to the penalties set forth in subsection (m) of this section.421
(8) All hearings of the board of ethics pursuant to this section shall be as follows:422
(A) All testimony shall be under oath, which shall be administered by a member of the423
board of ethics. Any person who appears before the board of ethics shall have all of the424
due process rights, privileges, and responsibilities of a witness appearing before the425
courts of this state. Any person whose name is mentioned during a proceeding of the426
board of ethics and who may be adversely affected thereby may appear personally427
before the board of ethics on such person's own behalf or may file a written sworn428
statement for incorporation into the record to be made part of all proceedings pursuant429
to this subsection;430
(B) The decision of the board of ethics shall be governed by a preponderance of the431
evidence standard; and432
(C) At the conclusion of proceedings concerning an alleged violation, the board of433
ethics shall immediately begin deliberations on the evidence and proceed to determine434
by a majority vote of members present whether there has been a violation of this435
section. The findings of the board of ethics concerning a violation and the record of the436
proceedings shall be made public by the ethics officer as soon as practicable after the437
determination has been made.438
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(m) Violations; appeals.
439
(1) Any intentional violation of this section, furnishing of false or misleading440
information to the board of ethics or the ethics officer, failure to follow an opinion441
rendered by the board of ethics, or failure to comply with a subpoena issued by the board442
of ethics pursuant to this section shall subject the violator to any one or more of the443
following:444
(A) Administrative sanction of not more than $1,000.00 assessed by the board of445
ethics;446
(B) Public reprimand by the board of ethics; and447
(C) Prosecution by the Clayton County Solicitor in the magistrate court of Clayton448
County and, upon conviction, a fine of up to $1,000.00 per violation and up to six449
months' imprisonment whether the official or employee is elected or appointed, paid or450
unpaid. Nothing in this section shall be interpreted to conflict with state law. An action451
for violation of this section or the furnishing of false or misleading information or the452
failure to comply with a subpoena issued by the board of ethics must be brought within453
two years after the violation is discovered.454
(2) With regard to violations by persons other than officials or employees, in addition to455
the remedies in paragraph (1) of this subsection, the board of ethics may recommend to456
the board of commissioners any one or more of the following:457
(A) Suspension of a contractor; and458
(B) Disqualification or debarment from contracting or subcontracting with Clayton459
County.460
(3) The decision of the board of ethics after a hearing shall be final; provided, however,461
that such proceeding shall be subject to review by writ of certiorari to the Superior Court462
of Clayton County. The designee of the board of ethics shall be authorized to463
acknowledge service of any such writ and shall, within the time provided by law, certify464
and cause to be filed with the clerk of the superior court a record of the proceedings465
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before the board of ethics, the decision of the board of ethics, and the notice of the final
466
actions of the board of ethics."467
SECTION 2.468
All laws and parts of laws in conflict with this Act are repealed.469
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