| 1 | 1 | | 23 LC 47 2015 |
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| 2 | 2 | | H. B. 678 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 678 |
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| 5 | 5 | | By: Representatives Scott of the 76 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Neal of the 79 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Burnough of the 77 |
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| 10 | 10 | | th |
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| 11 | 11 | | , Douglas of the |
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| 12 | 12 | | 78 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and Holly of the 116 |
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| 15 | 15 | | th |
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| 16 | 16 | | |
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| 17 | 17 | | A BILL TO BE ENTITLED |
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| 18 | 18 | | AN ACT |
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| 19 | 19 | | To amend an Act creating the Clayton County Board of Commissioners, approved |
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| 20 | 20 | | 1 |
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| 21 | 21 | | February 8, 1955 (Ga. L. 1955, p. 2064), as amended, so as to provide a code of ethics; to2 |
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| 22 | 22 | | establish a board of ethics; to provide for related matters; to repeal conflicting laws; and for3 |
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| 23 | 23 | | other purposes.4 |
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| 24 | 24 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 25 | 25 | | SECTION 1.6 |
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| 26 | 26 | | An Act creating the Clayton County Board of Commissioners, approved February 8, 19557 |
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| 27 | 27 | | (Ga. L. 1955, p. 2064), as amended, is amended by adding a new section to read as follows:8 |
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| 28 | 28 | | "SECTION 14.1.9 |
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| 29 | 29 | | (a) Purpose.10 |
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| 30 | 30 | | (1) It is essential to the proper administration and operation of the Clayton County11 |
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| 31 | 31 | | government that its officials and employees be, and give the appearance of being,12 |
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| 32 | 32 | | independent and impartial, that public office not be used for private gain, and that there13 |
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| 33 | 33 | | be public confidence in the integrity of Clayton County officials and employees. Because14 23 LC 47 2015 |
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| 34 | 34 | | H. B. 678 |
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| 35 | 35 | | - 2 - |
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| 36 | 36 | | the attainment of one or more of these ends is impaired whenever there exists in fact, or |
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| 37 | 37 | | 15 |
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| 38 | 38 | | appears to exist, a conflict between the private interests and public responsibilities of16 |
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| 39 | 39 | | officials and employees, the public interest requires that the General Assembly protect17 |
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| 40 | 40 | | against such conflicts of interest by establishing by law appropriate ethical standards with18 |
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| 41 | 41 | | respect to the conduct of the officials and employees of Clayton County in situations19 |
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| 42 | 42 | | where a conflict may exist.20 |
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| 43 | 43 | | (2) The General Assembly recognizes that an appropriate and effective code of ethics for21 |
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| 44 | 44 | | appointed officials and employees of Clayton County is also essential for the proper22 |
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| 45 | 45 | | administration and operation of the Clayton County government.23 |
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| 46 | 46 | | (b) Definitions. As used in this section, the term:24 |
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| 47 | 47 | | (1) 'Agency' means any board, bureau, body, commission, committee, department, or25 |
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| 48 | 48 | | office of Clayton County to which the board of commissioners has appointment powers.26 |
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| 49 | 49 | | (2) 'Business' means any corporation, partnership, organization, sole proprietorship, other27 |
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| 50 | 50 | | entity operated for economic gain, whether professional, industrial, or commercial, and28 |
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| 51 | 51 | | entity which for purposes of federal income taxation is treated as a nonprofit29 |
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| 52 | 52 | | organization.30 |
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| 53 | 53 | | (3) 'Confidential information' means information which has been obtained in the course31 |
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| 54 | 54 | | of holding public office, employment, acting as an independent contractor, or otherwise32 |
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| 55 | 55 | | acting as an official or employee and which information is not available to members of33 |
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| 56 | 56 | | the public under state law or other law or regulation and which the official, independent34 |
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| 57 | 57 | | contractor, or employee is not authorized to disclose.35 |
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| 58 | 58 | | (4) 'Contract' means any claim or demand against or any lease, account, or agreement36 |
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| 59 | 59 | | with any person, whether express or implied, executed or executory, verbal or in writing.37 |
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| 60 | 60 | | (5) 'Emergency situation' means any circumstance or condition giving rise to an38 |
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| 61 | 61 | | immediate necessity for the execution of a contract by and between Clayton County and39 |
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| 62 | 62 | | an official or employee or between Clayton County and a business in which an official40 |
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| 63 | 63 | | or employee has an interest and where, to the satisfaction of the board of commissioners,41 23 LC 47 2015 |
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| 64 | 64 | | H. B. 678 |
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| 65 | 65 | | - 3 - |
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| 66 | 66 | | it is shown that there is no one other than such persons with whom the contract could |
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| 67 | 67 | | 42 |
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| 68 | 68 | | have been made and that the necessity was not brought about by such persons' own fault43 |
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| 69 | 69 | | or neglect.44 |
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| 70 | 70 | | (6) 'Immediate family' means an official or employee and his or her spouse, parents,45 |
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| 71 | 71 | | brothers, sisters, and natural or adopted children.46 |
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| 72 | 72 | | (7) 'Interest' means any direct or indirect pecuniary or material benefit held by or47 |
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| 73 | 73 | | accruing to the official or employee as a result of a contract or transaction which is or48 |
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| 74 | 74 | | may be the subject of an official act or action by or with Clayton County. Unless49 |
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| 75 | 75 | | otherwise provided in this section, the term 'interest' does not include any remote interest.50 |
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| 76 | 76 | | An official or employee shall be deemed to have an interest in transactions involving:51 |
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| 77 | 77 | | (A) Any person in the official's or employee's immediate family;52 |
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| 78 | 78 | | (B) Any person, business, or entity that the official or employee knows or should know53 |
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| 79 | 79 | | is seeking official action with Clayton County, is seeking to do or does business with54 |
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| 80 | 80 | | Clayton County, has interests that may be substantially affected by performance or55 |
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| 81 | 81 | | nonperformance of the official's or employee's official duties, or with whom a56 |
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| 82 | 82 | | contractual relationship exists whereby the official or employee may receive any57 |
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| 83 | 83 | | payment or other benefit;58 |
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| 84 | 84 | | (C) Any business in which the official or employee is a director, officer, employee,59 |
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| 85 | 85 | | shareholder, or consultant; or60 |
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| 86 | 86 | | (D) Any person of whom the official or employee is a creditor, whether secured or61 |
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| 87 | 87 | | unsecured.62 |
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| 88 | 88 | | (8) 'Official or employee' means any person elected or appointed to or employed or63 |
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| 89 | 89 | | retained by Clayton County or any agency, whether paid or unpaid and whether part time64 |
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| 90 | 90 | | or full time. Such term includes retired employees or former county employees during65 |
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| 91 | 91 | | the period of time in which they are later employed or retained by the county or any66 |
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| 92 | 92 | | agency. Such term does not include superior and state court judges and their immediate67 23 LC 47 2015 |
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| 93 | 93 | | H. B. 678 |
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| 94 | 94 | | - 4 - |
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| 95 | 95 | | staffs, the district attorney, the solicitor of the state court, the clerks of the superior and |
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| 96 | 96 | | 68 |
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| 97 | 97 | | state courts, magistrates, the judge of the probate court, and their respective staffs.69 |
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| 98 | 98 | | (9) 'Official act or action' means any legislative, administrative, appointive, or70 |
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| 99 | 99 | | discretionary act of the board of commissioners, the chairperson of the board of71 |
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| 100 | 100 | | commissioners, or a commissioner.72 |
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| 101 | 101 | | (10) 'Paid' means the receipt of, or right to receive, a salary, commission, percentage,73 |
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| 102 | 102 | | brokerage, or contingent fee.74 |
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| 103 | 103 | | (11) 'Participate' means to take part in official acts, actions, or proceedings personally75 |
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| 104 | 104 | | as an official or employee through approval, disapproval, decision, recommendation,76 |
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| 105 | 105 | | investigation, the rendering of advice, or the failure to act or perform a duty.77 |
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| 106 | 106 | | (12) 'Person' means any individual, business, labor organization, representative,78 |
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| 107 | 107 | | fiduciary, trust, or association, whether paid or unpaid, and includes any official or79 |
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| 108 | 108 | | employee of Clayton County.80 |
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| 109 | 109 | | (13) 'Property' means any property, whether real or personal or tangible or intangible,81 |
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| 110 | 110 | | and includes currency and commercial paper.82 |
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| 111 | 111 | | (14) 'Remote interest' means the interest of:83 |
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| 112 | 112 | | (A) A nonsalaried director, officer, or employee of a nonprofit organization;84 |
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| 113 | 113 | | (B) A holder of less than 5 percent of the legal or beneficial ownership of the total85 |
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| 114 | 114 | | shares of a business;86 |
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| 115 | 115 | | (C) Any person in a representative capacity, such as a receiver, trustee, or87 |
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| 116 | 116 | | administrator; or88 |
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| 117 | 117 | | (D) Any person who, by determination of the board of ethics, is deemed to have such89 |
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| 118 | 118 | | an interest.90 |
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| 119 | 119 | | (15) 'Transaction' means the conduct of any activity that results in or may result in an91 |
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| 120 | 120 | | official act or action of an official or employee of Clayton County.92 |
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| 121 | 121 | | (c) Proscribed Conduct. No official or employee of Clayton County shall:93 23 LC 47 2015 |
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| 122 | 122 | | H. B. 678 |
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| 123 | 123 | | - 5 - |
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| 124 | 124 | | (1) By his or her conduct give reasonable basis for the impression that any person can |
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| 125 | 125 | | 94 |
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| 126 | 126 | | improperly influence him or her or unduly enjoy his or her favor in the performance of95 |
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| 127 | 127 | | his or her official acts or actions or that he or she is affected unduly by the rank or96 |
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| 128 | 128 | | position of or kinship or association with any person;97 |
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| 129 | 129 | | (2)(A) Directly or indirectly request, exact, receive, or agree to receive a gift, loan,98 |
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| 130 | 130 | | favor, promise, or thing of value for himself or herself or another person if:99 |
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| 131 | 131 | | (i) It tends to influence him or her in the discharge of his or her official duties; or100 |
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| 132 | 132 | | (ii) He or she recently has been, or is now, or in the near future may be, involved in101 |
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| 133 | 133 | | any official act or action directly affecting the donor or lender.102 |
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| 134 | 134 | | (B) Subparagraph (A) of this paragraph shall not apply in the case of:103 |
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| 135 | 135 | | (i) An occasional nonpecuniary gift of value less than $100.00;104 |
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| 136 | 136 | | (ii) An award publicly presented in recognition of public service; or105 |
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| 137 | 137 | | (iii) A commercially reasonable loan made in the ordinary course of business by an106 |
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| 138 | 138 | | institution authorized by the laws of Georgia to engage in the making of such a loan;107 |
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| 139 | 139 | | (3) Disclose or otherwise use confidential information acquired by virtue of his or her108 |
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| 140 | 140 | | position for his or her or another person's private gain;109 |
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| 141 | 141 | | (4) Appear on his or her own personal behalf, or represent, advise, or appear on the110 |
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| 142 | 142 | | personal behalf, whether paid or unpaid, of any person before any court or before any111 |
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| 143 | 143 | | legislative, administrative, or quasi-judicial board, agency, commission, or committee of112 |
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| 144 | 144 | | this state or of any county or municipality concerning any contract or transaction which113 |
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| 145 | 145 | | is or may be the subject of an official act or action of Clayton County or otherwise use114 |
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| 146 | 146 | | or attempt to use his or her official position to secure unwarranted privileges or115 |
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| 147 | 147 | | exemptions for himself or herself or other persons;116 |
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| 148 | 148 | | (5) Engage in, accept employment with, or render services for any agency, private117 |
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| 149 | 149 | | business, or professional activity when such employment or rendering of services is118 |
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| 150 | 150 | | adverse to and incompatible with the proper discharge of his or her official duties;119 23 LC 47 2015 |
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| 151 | 151 | | H. B. 678 |
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| 152 | 152 | | - 6 - |
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| 153 | 153 | | (6) Acquire an interest in any contract or transaction at a time when he or she believes |
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| 154 | 154 | | 120 |
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| 155 | 155 | | or has reason to believe that such an interest will be affected directly or indirectly by his121 |
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| 156 | 156 | | or her official act or actions or by the official acts or actions of other officials or122 |
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| 157 | 157 | | employees of Clayton County; or123 |
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| 158 | 158 | | (7) Engage in any activity or transaction that is prohibited by law now existing or124 |
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| 159 | 159 | | hereafter enacted which is applicable to him or her by virtue of his or her being an official125 |
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| 160 | 160 | | or employee of Clayton County.126 |
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| 161 | 161 | | (d) Gifts to certain employees. No employee of the purchasing department of Clayton127 |
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| 162 | 162 | | County shall accept any gift of value from anyone who has had or may reasonably be128 |
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| 163 | 163 | | anticipated to have any business with or before such department. Gifts from persons who129 |
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| 164 | 164 | | do not have or who would not be reasonably anticipated to have any business with or130 |
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| 165 | 165 | | before such department may be accepted by an employee of such department only when131 |
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| 166 | 166 | | such gifts are based solely on a family relationship or personal friendship.132 |
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| 167 | 167 | | (e) Disclosure of interests. An official or employee who has an interest that he or she has133 |
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| 168 | 168 | | reason to believe may be affected by his or her official acts or actions or by the official acts134 |
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| 169 | 169 | | or actions of another official or employee of Clayton County shall disclose the precise135 |
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| 170 | 170 | | nature and value of such interest by sworn written statement to the board of ethics and ask136 |
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| 171 | 171 | | for the board's opinion as to the propriety of such interest. Every official or employee who137 |
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| 172 | 172 | | knowingly has any interest, direct or indirect, in any contract to which Clayton County is138 |
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| 173 | 173 | | or is about to become a party, or in any other business with Clayton County, shall make full139 |
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| 174 | 174 | | disclosure of such interest to the board of commissioners and to the ethics officer and the140 |
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| 175 | 175 | | board of ethics. The information disclosed by such sworn statements, except for the141 |
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| 176 | 176 | | valuation attributed to the disclosed interest, shall be made a matter of public record by the142 |
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| 177 | 177 | | board of ethics. In cases where a conflict of interest exists, such official or employee shall143 |
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| 178 | 178 | | recuse himself or herself from participating or taking any official acts or actions in any144 |
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| 179 | 179 | | matter for the county affected by such conflict of interest.145 23 LC 47 2015 |
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| 180 | 180 | | H. B. 678 |
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| 181 | 181 | | - 7 - |
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| 182 | 182 | | (f) Participation in contracts. |
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| 183 | 183 | | 146 |
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| 184 | 184 | | (1) An official or employee shall disqualify himself or herself from participating in any147 |
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| 185 | 185 | | official act or action of Clayton County directly affecting a business or activity in which148 |
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| 186 | 186 | | he or she has any interest, whether or not a remote interest.149 |
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| 187 | 187 | | (2) Clayton County shall not enter into any contract involving services or property with150 |
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| 188 | 188 | | an official or employee of the county or with a business in which an official or employee151 |
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| 189 | 189 | | of the county has an interest. This subsection shall not apply in the case of:152 |
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| 190 | 190 | | (A) The designation of a bank or trust company as a depository for county funds;153 |
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| 191 | 191 | | (B) The borrowing of funds from any bank or lending institution which offers the154 |
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| 192 | 192 | | lowest available rate of interest for such loans;155 |
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| 193 | 193 | | (C) Contracts for services entered into with a business which is the only available156 |
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| 194 | 194 | | source for such goods or services; or157 |
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| 195 | 195 | | (D) Contracts entered into under circumstances which constitute an emergency158 |
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| 196 | 196 | | situation, provided that a record explaining the emergency is prepared by the board of159 |
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| 197 | 197 | | commissioners and submitted to the board of ethics at its next regular meeting and160 |
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| 198 | 198 | | thereafter kept on file.161 |
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| 199 | 199 | | (3) Clayton County shall not enter into any contract with, or take any official act or162 |
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| 200 | 200 | | action favorably affecting, any person, or business represented by such person, who has163 |
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| 201 | 201 | | been within the preceding two-year period an official or employee of Clayton County.164 |
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| 202 | 202 | | (g) Reporting violations.165 |
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| 203 | 203 | | (1) Any person who witnesses or becomes aware of a violation of this section may166 |
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| 204 | 204 | | complain of the violation as follows:167 |
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| 205 | 205 | | (A) A complaint may be communicated anonymously to the ethics administrator. Such168 |
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| 206 | 206 | | complaint shall be made in good faith and with veracity and sufficient specificity so as169 |
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| 207 | 207 | | to provide the ethics officer with salient and investigable facts. The ethics170 |
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| 208 | 208 | | administrator may require the anonymous complaint to be made in a manner and form171 23 LC 47 2015 |
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| 209 | 209 | | H. B. 678 |
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| 210 | 210 | | - 8 - |
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| 211 | 211 | | that is intended only to obtain relevant facts related to the alleged violation of this |
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| 212 | 212 | | 172 |
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| 213 | 213 | | section and that is not designed to reveal the identity of the complainant; and173 |
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| 214 | 214 | | (B) A sworn written complaint may be filed with the ethics administrator as described174 |
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| 215 | 215 | | in this subparagraph. All written complaints to be considered by the board of ethics and175 |
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| 216 | 216 | | the ethics officer shall contain the following, if applicable:176 |
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| 217 | 217 | | (i) The name and address of the person or persons filing the complaint;177 |
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| 218 | 218 | | (ii) The sworn verification and signature of the complainant;178 |
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| 219 | 219 | | (iii) The name and address of the party or parties against whom the complaint is filed179 |
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| 220 | 220 | | and, if such party is a candidate, the office being sought;180 |
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| 221 | 221 | | (iv) A clear and concise statement of facts upon which the complaint is based along181 |
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| 222 | 222 | | with an allegation that such facts constitute one or more violations of law under the182 |
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| 223 | 223 | | jurisdiction of the board of ethics;183 |
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| 224 | 224 | | (v) A general reference to the allegedly violated statutory provisions of the code of184 |
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| 225 | 225 | | ethics within the jurisdiction of the board of ethics; and185 |
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| 226 | 226 | | (vi) Any further information which might support the allegations in the complaint,186 |
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| 227 | 227 | | including, but not limited to, the following:187 |
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| 228 | 228 | | (I) The names and addresses of all other persons who have first-hand knowledge188 |
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| 229 | 229 | | of the facts alleged in the complaint; and189 |
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| 230 | 230 | | (II) Any documentary evidence that supports the facts alleged in the complaint.190 |
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| 231 | 231 | | (2) Upon receipt of a complaint by the ethics administrator, the ethics administrator shall191 |
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| 232 | 232 | | send a written notice to the subject of the complaint by the next business day. Both this192 |
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| 233 | 233 | | notice and any subsequent documents shall be subject to Article 4 of Chapter 18 of193 |
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| 234 | 234 | | Title 50 of the O.C.G.A.194 |
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| 235 | 235 | | (3) Upon receipt of a written, nonanonymous complaint which does not conform to the195 |
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| 236 | 236 | | applicable requirements of subparagraph (B) of paragraph (1) of this subsection, the196 |
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| 237 | 237 | | ethics administrator shall by letter acknowledge receipt of the complaint and advise the197 23 LC 47 2015 |
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| 238 | 238 | | H. B. 678 |
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| 239 | 239 | | - 9 - |
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| 240 | 240 | | complainant of the defect in the complaint and that the complaint will not be considered |
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| 241 | 241 | | 198 |
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| 242 | 242 | | by the board of ethics unless the defect is corrected.199 |
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| 243 | 243 | | (h) Enactment.200 |
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| 244 | 244 | | (1) This section shall be construed liberally to effectuate its purpose and policies and to201 |
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| 245 | 245 | | supplement such existing laws as may relate to the conduct of officials or employees.202 |
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| 246 | 246 | | (2) The propriety of any official act or action taken by or transaction involving any203 |
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| 247 | 247 | | officials or employees immediately prior to the time this section shall take effect shall not204 |
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| 248 | 248 | | be affected by the enactment of this section.205 |
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| 249 | 249 | | (3) The provisions of this section are severable, and if any of its provisions shall be held206 |
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| 250 | 250 | | unconstitutional or invalid by a court of competent jurisdiction, the decision of the court207 |
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| 251 | 251 | | shall not affect or impair any of the remaining provisions.208 |
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| 252 | 252 | | (i) Board of Ethics.209 |
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| 253 | 253 | | (1)(A) There is created the Board of Ethics of Clayton County to be composed of seven210 |
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| 254 | 254 | | citizens of Clayton County to be appointed as provided in paragraph (2) of this211 |
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| 255 | 255 | | subsection.212 |
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| 256 | 256 | | (B) Each member of the board of ethics shall have been a resident of Clayton County213 |
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| 257 | 257 | | for at least one year immediately preceding the date of taking office and shall remain214 |
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| 258 | 258 | | a resident of the county, and where applicable the commission district he or she215 |
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| 259 | 259 | | represents, while serving as a member of the board of ethics.216 |
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| 260 | 260 | | (C) No person shall serve as a member of the board of ethics if the person has, or has217 |
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| 261 | 261 | | had within the immediately preceding two-year period, any interest in any contract,218 |
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| 262 | 262 | | transaction, or official act or action of Clayton County.219 |
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| 263 | 263 | | (D) No member of the board of ethics shall be a member of an agency or an official or220 |
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| 264 | 264 | | employee of Clayton County or shall have served in such a capacity in the two-year221 |
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| 265 | 265 | | period immediately preceding such person's appointment to the board of ethics.222 |
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| 266 | 266 | | (E) No person shall serve as a member of the board of ethics if the person has been a223 |
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| 267 | 267 | | candidate for, or was elected to, public office in the immediately preceding three-year224 23 LC 47 2015 |
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| 268 | 268 | | H. B. 678 |
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| 269 | 269 | | - 10 - |
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| 270 | 270 | | period. Filing for an elective office shall constitute a resignation from the board of |
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| 271 | 271 | | 225 |
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| 272 | 272 | | ethics on the date of filing.226 |
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| 273 | 273 | | (F) Appointees to the board of ethics shall have professional knowledge or expertise227 |
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| 274 | 274 | | in matters of ethics, finance, governance, or the law.228 |
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| 275 | 275 | | (G) All proposed appointments to the board of ethics shall be subject to an education229 |
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| 276 | 276 | | and employment background check as well as a criminal history check. Persons230 |
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| 277 | 277 | | proposed to be appointed to the board of ethics shall execute all releases necessary for231 |
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| 278 | 278 | | the appointing authority to accomplish such checks. If the nominee is determined to232 |
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| 279 | 279 | | have committed a felony, the nomination shall be withdrawn.233 |
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| 280 | 280 | | (2)(A) The initial board of ethics shall be appointed as provided in this paragraph to234 |
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| 281 | 281 | | take office on January 1, 2024, and to serve for the terms prescribed in this paragraph.235 |
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| 282 | 282 | | (B) Not later than December 1, 2023, the members of the initial board of ethics shall236 |
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| 283 | 283 | | be selected as follows:237 |
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| 284 | 284 | | (i) Five members shall be appointed by the grand jury of Clayton County, provided238 |
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| 285 | 285 | | that each such member shall reside in a different commission district than the other239 |
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| 286 | 286 | | members appointed pursuant to this subparagraph; and240 |
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| 287 | 287 | | (ii) Two members shall be appointed by the tax commissioner of Clayton County.241 |
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| 288 | 288 | | (C) In addition to the members appointed as provided in subparagraph (B) of this242 |
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| 289 | 289 | | paragraph, there shall be two alternate members who shall serve to ensure a quorum243 |
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| 290 | 290 | | when members of the board are absent, have a conflict of interest, or find it necessary244 |
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| 291 | 291 | | to recuse themselves or while a vacancy exists on the board. The alternates shall be245 |
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| 292 | 292 | | selected by the clerk of the Superior Court of Clayton County.246 |
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| 293 | 293 | | (D) The members and alternates shall each serve for terms of three years; provided,247 |
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| 294 | 294 | | however, that the terms of the initial appointees of the grand jury shall be specified at248 |
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| 295 | 295 | | the time of their appointments. One shall serve until December 31, 2024, and until the249 |
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| 296 | 296 | | appointment and qualification of his or her successor, whichever occurs later; one shall250 |
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| 297 | 297 | | serve until December 31, 2025, and until the appointment and qualification of his or her251 23 LC 47 2015 |
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| 298 | 298 | | H. B. 678 |
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| 299 | 299 | | - 11 - |
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| 300 | 300 | | successor, whichever occurs later; and one shall serve until December 31, 2026, and |
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| 301 | 301 | | 252 |
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| 302 | 302 | | until the appointment and qualification of his or her successor, whichever occurs later.253 |
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| 303 | 303 | | The initial member appointed by the tax commissioner of Clayton County shall serve254 |
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| 304 | 304 | | until December 31, 2025, and until the appointment and qualification of his or her255 |
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| 305 | 305 | | successor, whichever occurs later. The initial alternate members appointed by the clerk256 |
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| 306 | 306 | | of the Superior Court of Clayton County shall serve the terms specified by the clerk of257 |
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| 307 | 307 | | the superior court at the time of the initial appointments. One shall serve until258 |
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| 308 | 308 | | December 31, 2024, and until the appointment and qualification of his or her successor,259 |
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| 309 | 309 | | whichever occurs later, and one shall serve until December 31, 2026, and until the260 |
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| 310 | 310 | | appointment and qualification of his or her successor, whichever occurs later.261 |
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| 311 | 311 | | (E) Successors to all members and alternates of the board of ethics and future262 |
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| 312 | 312 | | successors shall be appointed by the respective appointing authorities not less than 30263 |
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| 313 | 313 | | days prior to the expiration of each such member's term of office, and such successors264 |
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| 314 | 314 | | shall take office on January 1 following such appointment and shall serve terms of three265 |
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| 315 | 315 | | years and until their respective successors are appointed and qualified. No individual266 |
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| 316 | 316 | | shall be appointed to more than two consecutive terms, provided that the initial terms267 |
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| 317 | 317 | | under this Act shall not be counted in such determination.268 |
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| 318 | 318 | | (F) The clerk of the Superior Court of Clayton County shall provide administrative269 |
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| 319 | 319 | | assistance to the grand jury regarding the appointment of board members pursuant to270 |
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| 320 | 320 | | this section. Upon a vacancy occurring or the conclusion of the term of a board271 |
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| 321 | 321 | | member appointed pursuant to division (i) of subparagraph (B) of this paragraph, the272 |
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| 322 | 322 | | clerk of the Superior Court of Clayton County shall notify the then sitting grand jury273 |
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| 323 | 323 | | of its duty pursuant to this section.274 |
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| 324 | 324 | | (3) If a member of the board of ethics ceases to be a resident of Clayton County, and275 |
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| 325 | 325 | | where applicable the commission district he or she represents, that member's position on276 |
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| 326 | 326 | | the board of ethics, by operation of law, shall become vacant upon the establishment of277 |
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| 327 | 327 | | the fact of such nonresidency, if contested, by a court of competent jurisdiction. A278 23 LC 47 2015 |
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| 328 | 328 | | H. B. 678 |
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| 329 | 329 | | - 12 - |
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| 330 | 330 | | vacancy in the board of ethics shall exist by reason of death, the disability or incapacity |
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| 331 | 331 | | 279 |
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| 332 | 332 | | of a member for more than 90 days, resignation, or loss of residency as described in this280 |
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| 333 | 333 | | paragraph. A member of the board of ethics may be removed from office during a term281 |
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| 334 | 334 | | if the member becomes ineligible to hold civil office within the meaning of Code282 |
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| 335 | 335 | | Section 45-2-1 of the O.C.G.A. and that ineligibility is established by decision of a court283 |
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| 336 | 336 | | of competent jurisdiction which declares the office vacant because of such ineligibility284 |
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| 337 | 337 | | or for good cause by a majority vote of the board of ethics. The ethics officer shall notify285 |
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| 338 | 338 | | the clerk of the Superior Court of Clayton County and the tax commissioner of Clayton286 |
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| 339 | 339 | | County of a vacancy upon its occurrence, and such vacancy shall be filled for the287 |
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| 340 | 340 | | unexpired term by the respective appointing authority.288 |
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| 341 | 341 | | (4) The members of the board of ethics shall serve without compensation and shall elect289 |
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| 342 | 342 | | from their own membership a chairperson and otherwise provide for their own internal290 |
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| 343 | 343 | | organization. The board of commissioners shall provide adequate office and meeting291 |
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| 344 | 344 | | space and pay all administrative costs, including those specifically stipulated in this292 |
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| 345 | 345 | | section, pertaining to the operation of the board of ethics. The board of ethics shall be293 |
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| 346 | 346 | | authorized to employ its own staff and clerical personnel and contract for the services of294 |
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| 347 | 347 | | a competent court reporter, an attorney, and a private investigator as it deems necessary.295 |
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| 348 | 348 | | The members of the board of ethics shall have the authority to propose the budget of the296 |
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| 349 | 349 | | board and shall recommend the budget to the board of commissioners, who shall fund it297 |
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| 350 | 350 | | as a priority. In the event that the proposed budget is in excess of $200,000.00, the board298 |
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| 351 | 351 | | of commissioners shall have the authority to authorize the additional funds requested in299 |
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| 352 | 352 | | accordance with standard budgetary procedures and requirements. The board of ethics300 |
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| 353 | 353 | | shall be completely independent and shall not be subject to control or supervision by the301 |
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| 354 | 354 | | chairperson of the board of commissioners, the board of commissioners, or any other302 |
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| 355 | 355 | | official, employee, or agency of the county government.303 |
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| 356 | 356 | | (5) The board of ethics shall have the following duties:304 23 LC 47 2015 |
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| 357 | 357 | | H. B. 678 |
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| 358 | 358 | | - 13 - |
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| 359 | 359 | | (A) To establish procedures, rules, and regulations governing its internal organization |
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| 360 | 360 | | 305 |
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| 361 | 361 | | and the conduct of its affairs;306 |
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| 362 | 362 | | (B) To render advisory opinions with respect to the interpretation and application of307 |
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| 363 | 363 | | this section to all officials or employees who seek advice as to whether a particular308 |
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| 364 | 364 | | course of conduct would constitute a violation of the standards imposed in this section309 |
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| 365 | 365 | | or other applicable ethical standards. Such opinions shall be binding on the board of310 |
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| 366 | 366 | | ethics in any subsequent complaint concerning the official or employee who sought the311 |
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| 367 | 367 | | opinion and acted in good faith, unless material facts were omitted or misstated in the312 |
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| 368 | 368 | | request for the advisory opinion;313 |
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| 369 | 369 | | (C) To prescribe forms for the disclosures required in this section and to make314 |
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| 370 | 370 | | available to the public the information disclosed as provided in this section;315 |
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| 371 | 371 | | (D) To receive and hear complaints of violations of the standards required by this316 |
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| 372 | 372 | | section over which it has personal and subject matter jurisdiction;317 |
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| 373 | 373 | | (E) To make such investigations as it deems necessary to determine whether any318 |
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| 374 | 374 | | official or employee has violated or is about to violate any provisions of this section;319 |
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| 375 | 375 | | and320 |
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| 376 | 376 | | (F) To hold such hearings and make such inquiries as it deems necessary for it to carry321 |
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| 377 | 377 | | out properly its functions and powers.322 |
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| 378 | 378 | | (j) Ethics officer.323 |
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| 379 | 379 | | (1) There is hereby created as a full-time salaried position an ethics officer for Clayton324 |
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| 380 | 380 | | County. The ethics officer must be an active member of the State Bar of Georgia in good325 |
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| 381 | 381 | | standing with five years' experience in the practice of law. The ethics officer shall be326 |
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| 382 | 382 | | appointed by a majority of the members of the board of ethics, subject to confirmation327 |
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| 383 | 383 | | by a majority of the board of commissioners, for a period not to exceed six years.328 |
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| 384 | 384 | | Removal of the ethics officer before the expiration of the designated term shall be for329 |
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| 385 | 385 | | cause by a majority vote of the members of the board of ethics. The ethics officer need330 |
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| 386 | 386 | | not be a resident of the county at the time of his or her appointment, but he or she shall331 23 LC 47 2015 |
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| 387 | 387 | | H. B. 678 |
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| 388 | 388 | | - 14 - |
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| 389 | 389 | | reside in Clayton County within six months of such appointment and continue to reside |
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| 390 | 390 | | 332 |
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| 391 | 391 | | therein throughout such appointment.333 |
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| 392 | 392 | | (2) The ethics officer shall not be involved in partisan or nonpartisan political activities334 |
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| 393 | 393 | | or the political affairs of Clayton County.335 |
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| 394 | 394 | | (3) The duties of the ethics officer shall include, but not be limited to, the following:336 |
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| 395 | 395 | | (A) Educating and training all county officials and employees to have an awareness337 |
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| 396 | 396 | | and understanding of the mandate for and enforcement of ethical conduct and advising338 |
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| 397 | 397 | | them of the provisions of the code of ethics of Clayton County;339 |
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| 398 | 398 | | (B) Meeting with the board of ethics;340 |
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| 399 | 399 | | (C) Advising officials and employees regarding disclosure statements and reviewing341 |
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| 400 | 400 | | the same to ensure full and complete financial reporting;342 |
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| 401 | 401 | | (D) Urging compliance with the code of ethics by calling to the attention of the board343 |
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| 402 | 402 | | of ethics any failure to comply or any issues, including the furnishing of false or344 |
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| 403 | 403 | | misleading information, that the ethics officer believes should be investigated by the345 |
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| 404 | 404 | | board of ethics so that the board of ethics may take such action as it deems appropriate;346 |
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| 405 | 405 | | (E) Monitoring, evaluating, and acting upon information obtained from an ethics347 |
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| 406 | 406 | | hotline, which shall be a county telephone number for the receipt of information about348 |
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| 407 | 407 | | ethical violations. Each complaint, as of the time it is reported, whether by telephone349 |
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| 408 | 408 | | or otherwise, shall be deemed to be a separate pending investigation of a complaint350 |
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| 409 | 409 | | against a public officer or employee as provided by Article 4 of Chapter 18 of Title 50351 |
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| 410 | 410 | | of the O.C.G.A.;352 |
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| 411 | 411 | | (F) Reporting, as appropriate, suspected ethical violations to the board of ethics;353 |
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| 412 | 412 | | (G) Reporting, as appropriate, suspected criminal violations to state or federal law354 |
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| 413 | 413 | | enforcement agencies; and355 |
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| 414 | 414 | | (H) Filing with the board of ethics and the board of commissioners on the first Tuesday356 |
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| 415 | 415 | | of each February a written report describing the activities of the ethics officer in357 23 LC 47 2015 |
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| 416 | 416 | | H. B. 678 |
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| 417 | 417 | | - 15 - |
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| 418 | 418 | | carrying out the goals of his or her office and the code of ethics and reporting on the |
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| 419 | 419 | | 358 |
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| 420 | 420 | | ethical health of Clayton County.359 |
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| 421 | 421 | | (k) Ethics administrator.360 |
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| 422 | 422 | | (1) There is hereby created as a full-time salaried position an ethics administrator for361 |
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| 423 | 423 | | Clayton County. The ethics administrator shall be selected by the board of ethics and362 |
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| 424 | 424 | | shall serve at the pleasure of the board.363 |
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| 425 | 425 | | (2) The ethics administrator shall not be involved in partisan or nonpartisan political364 |
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| 426 | 426 | | activities or the political affairs of Clayton County.365 |
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| 427 | 427 | | (3) The duties of the ethics administrator shall include, but not be limited to, the366 |
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| 428 | 428 | | following:367 |
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| 429 | 429 | | (A) Maintaining the records of the board of ethics as required by Article 4 of368 |
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| 430 | 430 | | Chapter 18 of Title 50 of the O.C.G.A.;369 |
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| 431 | 431 | | (B) Notifying the subject of a report of any alleged violation of the ethics code,370 |
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| 432 | 432 | | whether the report is anonymous, made by an identified individual, or written. Such371 |
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| 433 | 433 | | notice shall be given in writing to the subject of the complaint at the same time and in372 |
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| 434 | 434 | | the same form that any disclosure of information is required by Article 4 of Chapter 18373 |
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| 435 | 435 | | of Title 50 of the O.C.G.A.;374 |
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| 436 | 436 | | (C) Notifying the board of ethics of any report of an alleged violation of the ethics code375 |
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| 437 | 437 | | received by the ethics administrator; and376 |
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| 438 | 438 | | (D) Such other duties as may be assigned by the board of ethics.377 |
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| 439 | 439 | | (l) Investigations and hearings. 378 |
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| 440 | 440 | | (1) The board of ethics shall conduct investigations into alleged violations of the code379 |
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| 441 | 441 | | of ethics, hold hearings, and issue decisions as prescribed in this subsection.380 |
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| 442 | 442 | | (2) The proceedings and records of the board of ethics shall be open unless otherwise381 |
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| 443 | 443 | | permitted by state law.382 |
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| 444 | 444 | | (3) Upon request of the board of ethics, the Clayton County Solicitor or any attorney383 |
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| 445 | 445 | | representing the office of the Clayton County Solicitor, or in the event of a conflict any384 23 LC 47 2015 |
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| 446 | 446 | | H. B. 678 |
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| 447 | 447 | | - 16 - |
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| 448 | 448 | | attorney who shall be selected by a majority vote of the board of ethics, shall advise the |
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| 449 | 449 | | 385 |
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| 450 | 450 | | board of ethics.386 |
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| 451 | 451 | | (4) A complaint may be filed by the ethics officer, any resident, or a group of residents387 |
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| 452 | 452 | | of Clayton County by submitting to the ethics administrator a written, verified, and sworn388 |
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| 453 | 453 | | complaint under the penalty of perjury or false swearing. The complaint shall specifically389 |
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| 454 | 454 | | identify all provisions of the Clayton County code of ethics which the subject of the390 |
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| 455 | 455 | | complaint is alleged to have violated, set forth facts as would be admissible in evidence391 |
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| 456 | 456 | | in a court proceeding, and show affirmatively that the complainant or affiant, if in392 |
|---|
| 457 | 457 | | addition to or different from the complainant, is competent to testify to the matter set393 |
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| 458 | 458 | | forth therein. All documents referenced in the complaint as well as supporting affidavits394 |
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| 459 | 459 | | shall be attached to the complaint.395 |
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| 460 | 460 | | (5) Upon receipt of the complaint, the ethics administrator shall bring the complaint396 |
|---|
| 461 | 461 | | before the board of ethics which shall cause the ethics officer to conduct a preliminary397 |
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| 462 | 462 | | investigation to determine whether it meets the jurisdictional requirements as set forth in398 |
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| 463 | 463 | | this section. Upon the conclusion of the preliminary investigation, the ethics officer shall399 |
|---|
| 464 | 464 | | report his or her findings to the board. If, in the opinion of the board, the complaint fails400 |
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| 465 | 465 | | to meet the jurisdictional requirements as set forth in this section, the board shall direct401 |
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| 466 | 466 | | the ethics officer to notify the person who filed the complaint and such person shall have402 |
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| 467 | 467 | | ten days from the date of notice to correct and refile the complaint with the board. A403 |
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| 468 | 468 | | complaint which fails to satisfy the jurisdictional requirements as established by this404 |
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| 469 | 469 | | section and by the rules and procedures established by the board of ethics shall be405 |
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| 470 | 470 | | dismissed by the board of ethics no later than 30 days after the complaint is filed with the406 |
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| 471 | 471 | | ethics administrator, unless extended by a majority vote of the board of ethics.407 |
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| 472 | 472 | | (6) The ethics officer will report his or her findings and recommendation to the board of408 |
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| 473 | 473 | | ethics and advise whether there is probable cause for belief that the code of ethics has409 |
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| 474 | 474 | | been violated, warranting a formal hearing. If the board of ethics determines, after the410 |
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| 475 | 475 | | preliminary investigation of a complaint by the ethics officer, that there does not exist411 23 LC 47 2015 |
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| 476 | 476 | | H. B. 678 |
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| 477 | 477 | | - 17 - |
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| 478 | 478 | | probable cause for belief that this section has been violated, the board of ethics shall so |
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| 479 | 479 | | 412 |
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| 480 | 480 | | notify the complainant and the subject of the investigation, and the complaint will be413 |
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| 481 | 481 | | dismissed. If the board of ethics determines, after a preliminary investigation of the414 |
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| 482 | 482 | | complaint by the ethics officer, that there does exist probable cause for belief that this415 |
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| 483 | 483 | | section has been violated, the board of ethics shall give notice to the person involved to416 |
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| 484 | 484 | | attend a hearing to determine whether there has been a violation of this section.417 |
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| 485 | 485 | | (7) For use in proceedings under this section, the board of ethics shall have the power to418 |
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| 486 | 486 | | issue subpoenas to compel any person to appear, give sworn testimony, or produce419 |
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| 487 | 487 | | documentary or other evidence. Any person who fails to respond to such subpoenas may420 |
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| 488 | 488 | | be subjected to the penalties set forth in subsection (m) of this section.421 |
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| 489 | 489 | | (8) All hearings of the board of ethics pursuant to this section shall be as follows:422 |
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| 490 | 490 | | (A) All testimony shall be under oath, which shall be administered by a member of the423 |
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| 491 | 491 | | board of ethics. Any person who appears before the board of ethics shall have all of the424 |
|---|
| 492 | 492 | | due process rights, privileges, and responsibilities of a witness appearing before the425 |
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| 493 | 493 | | courts of this state. Any person whose name is mentioned during a proceeding of the426 |
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| 494 | 494 | | board of ethics and who may be adversely affected thereby may appear personally427 |
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| 495 | 495 | | before the board of ethics on such person's own behalf or may file a written sworn428 |
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| 496 | 496 | | statement for incorporation into the record to be made part of all proceedings pursuant429 |
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| 497 | 497 | | to this subsection;430 |
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| 498 | 498 | | (B) The decision of the board of ethics shall be governed by a preponderance of the431 |
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| 499 | 499 | | evidence standard; and432 |
|---|
| 500 | 500 | | (C) At the conclusion of proceedings concerning an alleged violation, the board of433 |
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| 501 | 501 | | ethics shall immediately begin deliberations on the evidence and proceed to determine434 |
|---|
| 502 | 502 | | by a majority vote of members present whether there has been a violation of this435 |
|---|
| 503 | 503 | | section. The findings of the board of ethics concerning a violation and the record of the436 |
|---|
| 504 | 504 | | proceedings shall be made public by the ethics officer as soon as practicable after the437 |
|---|
| 505 | 505 | | determination has been made.438 23 LC 47 2015 |
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| 506 | 506 | | H. B. 678 |
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| 507 | 507 | | - 18 - |
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| 508 | 508 | | (m) Violations; appeals. |
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| 509 | 509 | | 439 |
|---|
| 510 | 510 | | (1) Any intentional violation of this section, furnishing of false or misleading440 |
|---|
| 511 | 511 | | information to the board of ethics or the ethics officer, failure to follow an opinion441 |
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| 512 | 512 | | rendered by the board of ethics, or failure to comply with a subpoena issued by the board442 |
|---|
| 513 | 513 | | of ethics pursuant to this section shall subject the violator to any one or more of the443 |
|---|
| 514 | 514 | | following:444 |
|---|
| 515 | 515 | | (A) Administrative sanction of not more than $1,000.00 assessed by the board of445 |
|---|
| 516 | 516 | | ethics;446 |
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| 517 | 517 | | (B) Public reprimand by the board of ethics; and447 |
|---|
| 518 | 518 | | (C) Prosecution by the Clayton County Solicitor in the magistrate court of Clayton448 |
|---|
| 519 | 519 | | County and, upon conviction, a fine of up to $1,000.00 per violation and up to six449 |
|---|
| 520 | 520 | | months' imprisonment whether the official or employee is elected or appointed, paid or450 |
|---|
| 521 | 521 | | unpaid. Nothing in this section shall be interpreted to conflict with state law. An action451 |
|---|
| 522 | 522 | | for violation of this section or the furnishing of false or misleading information or the452 |
|---|
| 523 | 523 | | failure to comply with a subpoena issued by the board of ethics must be brought within453 |
|---|
| 524 | 524 | | two years after the violation is discovered.454 |
|---|
| 525 | 525 | | (2) With regard to violations by persons other than officials or employees, in addition to455 |
|---|
| 526 | 526 | | the remedies in paragraph (1) of this subsection, the board of ethics may recommend to456 |
|---|
| 527 | 527 | | the board of commissioners any one or more of the following:457 |
|---|
| 528 | 528 | | (A) Suspension of a contractor; and458 |
|---|
| 529 | 529 | | (B) Disqualification or debarment from contracting or subcontracting with Clayton459 |
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| 530 | 530 | | County.460 |
|---|
| 531 | 531 | | (3) The decision of the board of ethics after a hearing shall be final; provided, however,461 |
|---|
| 532 | 532 | | that such proceeding shall be subject to review by writ of certiorari to the Superior Court462 |
|---|
| 533 | 533 | | of Clayton County. The designee of the board of ethics shall be authorized to463 |
|---|
| 534 | 534 | | acknowledge service of any such writ and shall, within the time provided by law, certify464 |
|---|
| 535 | 535 | | and cause to be filed with the clerk of the superior court a record of the proceedings465 23 LC 47 2015 |
|---|
| 536 | 536 | | H. B. 678 |
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| 537 | 537 | | - 19 - |
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| 538 | 538 | | before the board of ethics, the decision of the board of ethics, and the notice of the final |
|---|
| 539 | 539 | | 466 |
|---|
| 540 | 540 | | actions of the board of ethics."467 |
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| 541 | 541 | | SECTION 2.468 |
|---|
| 542 | 542 | | All laws and parts of laws in conflict with this Act are repealed.469 |
|---|