Georgia 2023-2024 Regular Session

Georgia House Bill HB741 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	23 LC 47 2454
2	2	H. B. 741
3	3	- 1 -
4	4	House Bill 741
5	5	By: Representatives Taylor of the 92
6	6	nd
7	7	and Moore of the 91
8	8	st
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	To amend an Act creating a board of commissioners for Rockdale County, approved
13	13	1
14	14	March 4, 1977 (Ga. L. 1977, p. 2817), as amended, so as to increase the board of2
15	15	commissioners to five members; to revise the office of chairperson; to provide for3
16	16	commissioner residency districts; to define certain terms and provide for certain inclusions;4
17	17	to provide for initial terms of office; to provide for a county manager; to revise provisions5
18	18	related to the powers and duties of the board of commissioners, chairperson, and county6
19	19	manager; to provide for a code of ethics; to provide for the creation of a board of ethics and7
20	20	appointment of members; to provide for the appointment and duties of an ethics officer; to8
21	21	provide for continuation in office of current members; to provide for a referendum, effective9
22	22	dates, and automatic repeal; to provide for mandatory execution of election and judicial10
23	23	remedies regarding failure to comply; to repeal conflicting laws; and for other purposes.11
24	24	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
25	25	SECTION 1.13
26	26	An Act creating a board of commissioners for Rockdale County, approved March 4, 197714
27	27	(Ga. L. 1977, p. 2817), as amended, is amended by revising subsection (a) and adding new15
28	28	subsections to Section 2 to read as follows:16 23 LC 47 2454
29	29	H. B. 741
30	30	- 2 -
31	31	"(a) As of January 1, 2025, the commission established herein shall consist of five
32	32	17
33	33	members to be known as commissioners. One commissioner shall reside in each of the18
34	34	districts provided for in subsection (a.2) of this section, but the commissioners shall be19
35	35	elected by the voters of the entire county voting at the elections provided for hereinafter.20
36	36	Commissioners shall be residents of the district from which they are elected for at least one21
37	37	year prior to their qualification for election. 22
38	38	(a.1) Each year the board of commissioners shall select from among its members a23
39	39	chairperson and vice-chairperson of the board of commissioners. The chairperson shall24
40	40	preside over meetings of the board, provided that the vice-chairperson shall preside in the25
41	41	chairperson's absence.26
42	42	(a.2) For the purpose of electing members of the board of commissioners, Rockdale27
43	43	County shall be divided into five commissioner districts. Commissioner Districts 1, 2, 3,28
44	44	4, and 5 shall be and correspond to those five numbered districts described in Appendix A29
45	45	attached to and made a part of this Act and further identified as 'User: HD92 Plan Name:30
46	46	RockdaleCC-2023 Plan Type: Local'.31
47	47	(a.3)(1) For the purposes of such plan:32
48	48	(A) The term 'VTD' shall mean and describe the same geographical boundaries as33
49	49	provided in the report of the Bureau of the Census for the United States decennial34
50	50	census of 2020 for the State of Georgia. The separate numeric designations in a district35
51	51	description which are underneath a VTD heading shall mean and describe individual36
52	52	Blocks within a VTD as provided in the report of the Bureau of the Census for the37
53	53	United States decennial census of 2020 for the State of Georgia; and38
54	54	(B) Except as otherwise provided in the description of any district, whenever the39
55	55	description of any district refers to a named city, it shall mean the geographical40
56	56	boundaries of that city as shown on the census maps for the United States decennial41
57	57	census of 2020 for the State of Georgia.42 23 LC 47 2454
58	58	H. B. 741
59	59	- 3 -
60	60	(2) Any part of Rockdale County which is not included in any district described in
61	61	43
62	62	subsection (a.2) of this section shall be included within that district contiguous to such44
63	63	part which contains the least population according to the United States decennial census45
64	64	of 2020 for the State of Georgia.46
65	65	(3) Any part of Rockdale County which is described in subsection (a.2) of this section47
66	66	as being included in a particular district shall nevertheless not be included within such48
67	67	district if such part is not contiguous to such district. Such noncontiguous part shall49
68	68	instead be included within that district contiguous to such part which contains the least50
69	69	population according to the United States decennial census of 2020 for the State of51
70	70	Georgia.52
71	71	(a.4)(1) Those members of the Board of Commissioners of Rockdale County who are53
72	72	serving as such on the effective date of this Act and any person selected to fill a vacancy54
73	73	in any such office shall continue to serve as such members until the regular expiration of55
74	74	their respective terms of office and upon the election and qualification of their respective56
75	75	successors.57
76	76	(2)(A) Commissioner Post 2, as it exists immediately prior to the effective date of this58
77	77	Act, shall be designated as Commissioner District 2, but as newly described under this59
78	78	Act, and on and after the effective date of this Act, such members of the board serving60
79	79	from that former commissioner post shall be deemed to be serving from and61
80	80	representing his or her district as newly described under this Act; the successor to such62
81	81	member shall be elected at the November general election in 2026, and shall be elected63
82	82	and serve a term as provided for in this Act.64
83	83	(B) The initial commissioners from Commissioner Districts 1, 3, and 5 as newly65
84	84	described under this Act shall be elected at the November general election in 2024 and66
85	85	shall serve an initial term of office of four years; thereafter, successors to such member67
86	86	shall be elected and serve terms as provided for in this Act.68 23 LC 47 2454
87	87	H. B. 741
88	88	- 4 -
89	89	(C) The initial commissioner from Commissioner District 4 as newly described under
90	90	69
91	91	this Act shall be elected at the November general election in 2024 and shall serve an70
92	92	initial term of office of two years; thereafter, successors to such member shall be71
93	93	elected and serve terms as provided for in this Act."72
94	94	SECTION 2.73
95	95	Said Act is further amended by revising Section 3 as follows:74
96	96	"SECTION 3.75
97	97	Election and term of commissioners.76
98	98	Successors to the commissioners provided for in Section 2 of this Act shall be elected at77
99	99	the general election immediately preceding the expiration of terms of office and shall take78
100	100	office on the first day of January immediately following their election for terms of four79
101	101	years and until their successors are elected and qualified. Qualification by candidate shall80
102	102	be partisan. Each candidate shall pay a qualification fee set by law at time of qualifying81
103	103	which shall be deposited to the county treasury to assist in defraying expenses of said82
104	104	election. All elections shall be conducted pursuant to Chapter 2 of Title 21 of the83
105	105	O.C.G.A., the 'Georgia Election Code.'"84
106	106	SECTION 3.85
107	107	Said Act is further amended by revising Sections 5 through 9 as follows:86 23 LC 47 2454
108	108	H. B. 741
109	109	- 5 -
110	110	"SECTION 5.
111	111	87
112	112	Election returns, vacancies.88
113	113	(a) Except as set forth in Section 3 of this Act, all elections for members of the board of89
114	114	commissioners created by this Act shall be held and conducted in accordance with the90
115	115	provisions of Chapter 2 of Title 21 of the O.C.G.A., 'Georgia Election Code,' as now or91
116	116	hereafter amended.92
117	117	(b) In the event of a vacancy in the office of a commissioner, whose unexpired term equals93
118	118	or exceeds 210 days, it shall be the duty of the election superintendent of the county to call94
119	119	a special election for the filling of such vacancy or vacancies, provided that such election95
120	120	shall be governed by the provisions of the Georgia Election Code relative to special96
121	121	elections for the filling of vacancies. Such special election shall be called within 30 days97
122	122	of the date of the creation of the vacancy; provided, however, that it shall be the duty of the98
123	123	remaining commissioners to appoint, within ten days following the vacancy or vacancies,99
124	124	an interim commissioner to serve pending the election of a new commissioner. Said interim100
125	125	appointee shall be subject to the same qualifications, oath, and bond as a duly elected or101
126	126	permanently appointed commissioner.102
127	127	(c) In the event of a vacancy in the office of a commissioner whose unexpired term does103
128	128	not equal or exceed 210 days, it shall be the duty of the remaining commissioners to fill104
129	129	vacancies by permanent appointment. The appointment shall be made within 20 days from105
130	130	the occurrence of the vacancy or vacancies.106
131	131	(d) If all seats on the commission shall become vacant concurrently and if any unexpired107
132	132	term is for less than 210 days, the Judge of the Probate Court of Rockdale County shall108
133	133	proceed to fill such vacancy or vacancies by appointment. All remaining vacancies for109
134	134	which the unexpired term equals or exceeds 210 days shall then be filled by following the110
135	135	procedure set out in subsection (b) of this section.111 23 LC 47 2454
136	136	H. B. 741
137	137	- 6 -
138	138	(e) All persons elected or appointed to fill vacancies pursuant to the provisions of this
139	139	112
140	140	section, except interim appointees, shall serve for the remainder of the unexpired term of113
141	141	any such office, and shall be residents of the district in which the vacated commissioner114
142	142	resided.115
143	143	SECTION 6.116
144	144	Oath and bond.117
145	145	Before entering upon the discharge of their duties, the commissioners shall subscribe an118
146	146	oath before the judge of the probate court of said county for the true and faithful119
147	147	performance of their duties and that they are not the holders of any public funds120
148	148	unaccounted for. In addition, each commissioner shall further give a satisfactory surety121
149	149	bond to be judged by said judge of the probate court of the county and payable to the judge122
150	150	of the probate court or his or her successor in office and filed in the office of the judge of123
151	151	the probate court, in the sum of $ 10,000.00 conditioned upon the faithful performance of124
152	152	the duties of the office. The costs of said bonds shall be paid out of the county treasury.125
153	153	SECTION 7. 126
154	154	Compensation.127
155	155	(a) Commissioners shall receive an annual salary for services equal to 16.5 percent of the128
156	156	base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A.,129
157	157	as set on June 30, 2023. The base salary of a superior court judge shall mean that salary130
158	158	paid from state funds and shall not include any county supplement or expense131
159	159	reimbursements nor any subsequent increases provided by operation of general law on or132
160	160	after July 1, 2023. The salary of the commissioners shall be paid in equal monthly133
161	161	installments paid out of the county treasury upon warrants drawn upon the county treasury.134 23 LC 47 2454
162	162	H. B. 741
163	163	- 7 -
164	164	Except as otherwise provided by subsections (b) and (c) of this section, the salary so fixed
165	165	135
166	166	shall constitute the entire compensation from all public sources to which the commissioners136
167	167	shall be entitled. The commissioners shall not be entitled to any further compensation for137
168	168	serving on any other boards or authorities by virtue of their office.138
169	169	(b) The board of commissioners may provide by ordinance or resolution for the139
170	170	reimbursement from county funds of actual and necessary expenses incurred by140
171	171	commissioners in carrying out their official duties. No commissioner shall receive any141
172	172	expense allowance, mileage allowance, or travel allowance unless such member has142
173	173	personally performed such service and has personally incurred the expense for mileage or143
174	174	travel. Each commissioner submitting a voucher shall certify that he or she has personally144
175	175	performed the service and personally incurred the expense for mileage or travel covered145
176	176	by the voucher and that the information contained on the voucher is true and correct. The146
177	177	voucher shall contain such a certificate for the commissioner to sign. It shall be unlawful147
178	178	for any commissioner to knowingly falsify any such certificate, and any commissioner148
179	179	convicted of such action shall be punished by a fine of not more than $1,000.00 or by149
180	180	imprisonment of not less than one nor more than five years, or both.150
181	181	(c) Commissioners shall be authorized to participate in the group retirement program and151
182	182	the group hospitalization benefit program on the same basis as other officers and152
183	183	employees of Rockdale County if they meet the normal eligibility requirements of the153
184	184	programs. Nothing in this subsection shall affect the rights of any person who served as154
185	185	chairperson of the board of commissioners prior to the effective date of this section to155
186	186	participate in such group retirement or hospitalization programs pursuant to the law in156
187	187	effect at the time of his or her service as chairperson.157 23 LC 47 2454
188	188	H. B. 741
189	189	- 8 -
190	190	SECTION 8.
191	191	158
192	192	Meetings.159
193	193	The board shall hold regular meetings on the second and fourth Tuesday of each month at160
194	194	the county seat at 10:00 a.m. on the second Tuesday and 7:00 p.m. on the fourth Tuesday,161
195	195	which meetings shall be open to the public; the board may hold such additional meetings162
196	196	as shall be necessary when called by the chairperson or any two commissioners, provided163
197	197	that all commissioners are notified at least one day in advance of such special meeting. No164
198	198	official action shall be taken by the commission except in a meeting which is open to the165
199	199	public. Any three commissioners or the chairperson and any two commissioners shall166
200	200	constitute a quorum, but no official action shall be taken except upon the affirmative vote167
201	201	of at least three commissioners or two commissioners and the chairperson. The168
202	202	chairperson shall be entitled to the same voting rights as other commissioners on all169
203	203	questions considered by the commission.170
204	204	SECTION 9.171
205	205	County manager.172
206	206	(a) There shall be an office of county manager to be appointed by the board of173
207	207	commissioners. Except as otherwise provided in this Act, the qualifications,174
208	208	compensation, and other matters pertaining to the office of county manager shall be175
209	209	provided for by ordinance or resolution of the commission.176
210	210	(b)(1) The board of commissioners shall select a person to appoint as the county manager177
211	211	based solely upon the appointee's executive and administrative qualifications, with178
212	212	specific reference to actual experience in or knowledge of accepted practices with respect179
213	213	to the duties of the office. 180 23 LC 47 2454
214	214	H. B. 741
215	215	- 9 -
216	216	(2) The commissioner, at its discretion, may require the person appointed as county
217	217	181
218	218	manager to:182
219	219	(A) Hold a bachelor's degree in public administration, business administration,183
220	220	accounting, finance, or a related field and possess at least five years of experience as184
221	221	a county or city manager or as an assistant county or city manager; or185
222	222	(B) Hold a master's degree in public administration, business administration,186
223	223	accounting, finance, or a related field and possess at least three years of experience as187
224	224	a county or city manager or as an assistant county or city manager.188
225	225	(c) The county manager shall be the administrative head of the county government and189
226	226	shall be responsible to the commission for the proper and efficient administration of all the190
227	227	affairs of the county, except as otherwise provided by law. It shall be the duty of the191
228	228	county manager to:192
229	229	(1) See that all laws and ordinances of the county are enforced;193
230	230	(2) Exercise control over all departments and divisions of the county which the194
231	231	chairperson or commissioners have exercised control over, except as otherwise provided195
232	232	for in this Act;196
233	233	(3) Keep the commission fully advised as to the needs of the county;197
234	234	(4) Except as otherwise provided in this Act, supervise and direct the official conduct of198
235	235	all department heads and county employees, except for the county attorney, comptroller,199
236	236	and executive assistant to the commission;200
237	237	(5) Prepare the agenda for meetings of the commission, with the input of the chairperson201
238	238	and commissioners;202
239	239	(6) Attend all meetings of the commission with the right to take part in discussion,203
240	240	provided that the county manager shall have no vote on any matter before the204
241	241	commission;205
242	242	(7) Supervise the performance of all contracts entered into by or on behalf of the county;206 23 LC 47 2454
243	243	H. B. 741
244	244	- 10 -
245	245	(8) Confer with and advise all other elected or appointed officers or officials of the
246	246	207
247	247	county who are not under the control of the commission but who receive financial support208
248	248	therefrom;209
249	249	(9) Devote his or her entire time to the duties and affairs of the office of county manager210
250	250	and hold no other office or employment for remuneration while serving as county211
251	251	manager;212
252	252	(10) Make purchases for the county without seeking approval from the commission and213
253	253	without obtaining bids in amounts not to exceed $50,000.00, except:214
254	254	(A) As provided by general law relating to the letting of public works contracts;215
255	255	(B) That no employment, consulting, or severance contract or agreement shall be216
256	256	entered into and no payments shall be made without the approval of the commission;217
257	257	and218
258	258	(C) Any purchase made for the county in excess of $10,000.00 shall be reported to the219
259	259	commissioner by the comptroller; and220
260	260	(11) Perform such other duties as may be required by the commission."221
261	261	SECTION 4.222
262	262	Said Act is further amended by revising subsection (b) of Section 10 as follows:223
263	263	"(b) The policies, rules, and regulations so adopted by the board of commissioners shall224
264	264	be carried out, executed, and enforced by the county manager as chief administrative225
265	265	officer of the county, and said board may exercise administrative powers, but only where226
266	266	such are necessarily and properly incident to its functions as a policymaking or rulemaking227
267	267	body or which are necessary to compel enforcement of its adopted resolutions or228
268	268	ordinances. Any action taken by the county manager which is in conflict with such adopted229
269	269	resolutions or ordinances or which deals with matters exclusively reserved to the230
270	270	jurisdiction of said board shall be null, void, and of no effect."231 23 LC 47 2454
271	271	H. B. 741
272	272	- 11 -
273	273	SECTION 5.
274	274	232
275	275	Said Act is further amended by revising Sections 13 and 14 as follows:233
276	276	"SECTION 13.234
277	277	Appointment, removal and compensation of county officials, employees, attorneys, the235
278	278	executive assistant, and employees of elected officials.236
279	279	(a) Unless otherwise provided by subsection (b) of this section or other provisions of this237
280	280	Act, all county employees shall be employed and dismissed and have their compensation238
281	281	set by the county manager or a designee thereof subject to county budgetary provisions and239
282	282	any applicable civil service, merit system or personnel laws or ordinances.240
283	283	(b) All nonelected county officials, department heads, chiefs, directors, superintendents,241
284	284	or executives shall be appointed and removed by the county manager with the consent of242
285	285	the board of commissioners. When a vacancy exists in any such office, the county manager243
286	286	shall, within 90 days, propose an appointment to which the board consents; otherwise, said244
287	287	board may fill the vacancy by majority vote.245
288	288	(c) The board of commissioners shall have the exclusive authority to appoint, remove, and246
289	289	fix the compensation of the executive assistant, the finance director, and the county247
290	290	attorney employed at county expense.248
291	291	(d) Elected county officials shall have the exclusive authority to appoint, remove, and fix249
292	292	the compensation of the personnel within their respective offices subject to county250
293	293	budgetary provisions and any applicable civil service or merit system, state laws, or county251
294	294	personnel ordinances; provided that, in the case of county personnel ordinances, the252
295	295	particular elected county official or a predecessor in that office must authorize in writing253
296	296	the inclusion of the employees of that office under the county personnel ordinance before254
297	297	said ordinance shall include such employees.255 23 LC 47 2454
298	298	H. B. 741
299	299	- 12 -
300	300	SECTION 14.
301	301	256
302	302	Statutory positions; appointment; removal; compensation.257
303	303	The appointment and removal of, and the compensation to be paid to, persons filling258
304	304	offices and positions created by state statute, where not otherwise prescribed by such259
305	305	statute, shall be made and fixed by the county manager, subject to the approval of the260
306	306	compensation therefor by the commission, within budgetary provisions."261
307	307	SECTION 6.262
308	308	Said Act is further amended by revising Section 24 as follows:263
309	309	"SECTION 24.264
310	310	Code of ethics.265
311	311	(a) Purpose.266
312	312	(1) It is essential to the proper administration and operation of the Rockdale County267
313	313	government that its officials and employees be, and give the appearance of being,268
314	314	independent and impartial, that public office not be used for private gain, and that there269
315	315	be public confidence in the integrity of Rockdale County officials and employees.270
316	316	Because the attainment of one or more of these ends is impaired whenever there exists271
317	317	in fact, or appears to exist, a conflict between the private interests and public272
318	318	responsibilities of officials and employees, the public interest requires that the General273
319	319	Assembly protect against such conflicts of interest by establishing by law appropriate274
320	320	ethical standards with respect to the conduct of the officials and employees of Rockdale275
321	321	County in situations where a conflict may exist; and276 23 LC 47 2454
322	322	H. B. 741
323	323	- 13 -
324	324	(2) The General Assembly recognizes that an appropriate and effective code of ethics for
325	325	277
326	326	appointed officials and employees of Rockdale County is also essential for the proper278
327	327	administration and operation of the Rockdale County government.279
328	328	(b) Definitions. As used in this section, the term:280
329	329	(1) 'Agency' means any board, bureau, body, commission, committee, department, or281
330	330	office of Rockdale County to which the board of commissioners has appointment powers.282
331	331	(2) 'Business' means any corporation, partnership, organization, sole proprietorship, other283
332	332	entity operated for economic gain, whether professional, industrial, or commercial, and284
333	333	entity which for purposes of federal income taxation is treated as a nonprofit285
334	334	organization.286
335	335	(3) 'Confidential information' means information which has been obtained in the course287
336	336	of holding public office, employment, acting as an independent contractor, or otherwise288
337	337	acting as an official or employee and which information is not available to members of289
338	338	the public under state law or other law or regulation and which the official, independent290
339	339	contractor, or employee is not authorized to disclose.291
340	340	(4) 'Contract' means any claim or demand against or any lease, account, or agreement292
341	341	with any person, whether express or implied, executed or executory, verbal or in writing.293
342	342	(5) 'Emergency situation' means any circumstance or condition giving rise to an294
343	343	immediate necessity for the execution of a contract by and between Rockdale County and295
344	344	an official or employee or between Rockdale County and a business in which an official296
345	345	or employee has an interest and where, to the satisfaction of the board of commissioners,297
346	346	it is shown that there is no one other than such persons with whom the contract could298
347	347	have been made and that the necessity was not brought about by such persons' own fault299
348	348	or neglect.300
349	349	(6) 'Immediate family' means an official or employee and his or her spouse, parents,301
350	350	brothers, sisters, and natural or adopted children.302 23 LC 47 2454
351	351	H. B. 741
352	352	- 14 -
353	353	(7) 'Interest' means any direct or indirect pecuniary or material benefit held by or
354	354	303
355	355	accruing to the official or employee as a result of a contract or transaction which is or304
356	356	may be the subject of an official act or action by or with Rockdale County. Unless305
357	357	otherwise provided in this section, the term 'interest' does not include any remote interest.306
358	358	An official or employee shall be deemed to have an interest in transactions involving:307
359	359	(A) Any person in the official's or employee's immediate family;308
360	360	(B) Any person, business, or entity that the official or employee knows or should know309
361	361	is seeking official action with Rockdale County, is seeking to do or does business with310
362	362	Rockdale County, has interests that may be substantially affected by performance or311
363	363	nonperformance of the official's or employee's official duties, or with whom a312
364	364	contractual relationship exists whereby the official or employee may receive any313
365	365	payment or other benefit;314
366	366	(C) Any business in which the official or employee is a director, officer, employee,315
367	367	shareholder, or consultant; or316
368	368	(D) Any person of whom the official or employee is a creditor, whether secured or317
369	369	unsecured.318
370	370	(8) 'Official act or action' means any legislative, administrative, appointive, or319
371	371	discretionary act of the board of commissioners, the chairperson of the board of320
372	372	commissioners, or a commissioner.321
373	373	(9) 'Official or employee' means any person elected or appointed to or employed or322
374	374	retained by Rockdale County or any agency, whether paid or unpaid and whether part323
375	375	time or full time. Such term includes retired employees or former county employees324
376	376	during the period of time in which they are later employed or retained by the county or325
377	377	any agency. Such term does not include superior and state court judges and their326
378	378	immediate staffs, the district attorney, the solicitor of the state court, the clerks of the327
379	379	superior and state courts, magistrates, the judge of the probate court, the sheriff, the tax328
380	380	commissioner, the coroner, and their respective staffs.329 23 LC 47 2454
381	381	H. B. 741
382	382	- 15 -
383	383	(10) 'Paid' means the receipt of, or right to receive, a salary, commission, percentage,
384	384	330
385	385	brokerage, or contingent fee.331
386	386	(11) 'Participate' means to take part in official acts, actions, or proceedings personally332
387	387	as an official or employee through approval, disapproval, decision, recommendation,333
388	388	investigation, the rendering of advice, or the failure to act or perform a duty.334
389	389	(12) 'Person' means any individual, business, labor organization, representative,335
390	390	fiduciary, trust, or association, whether paid or unpaid, and includes any official or336
391	391	employee of Rockdale County.337
392	392	(13) 'Property' means any property, whether real or personal or tangible or intangible,338
393	393	and includes currency and commercial paper.339
394	394	(14) 'Remote interest' means the interest of:340
395	395	(A) A nonsalaried director, officer, or employee of a nonprofit organization;341
396	396	(B) A holder of less than 5 percent of the legal or beneficial ownership of the total342
397	397	shares of a business;343
398	398	(C) Any person in a representative capacity, such as a receiver, trustee, or344
399	399	administrator; or345
400	400	(D) Any person who, by determination of the board of ethics, is deemed to have such346
401	401	an interest.347
402	402	(15) 'Transaction' means the conduct of any activity that results in or may result in an348
403	403	official act or action of an official or employee of Rockdale County.349
404	404	(c) Proscribed conduct. No official or employee of Rockdale County shall:350
405	405	(1) By his or her conduct, give reasonable basis for the impression that any person can351
406	406	improperly influence him or her or unduly enjoy his or her favor in the performance of352
407	407	his or her official acts or actions or that he or she is affected unduly by the rank or353
408	408	position of or kinship or association with any person;354
409	409	(2)(A) Directly or indirectly request, exact, receive, or agree to receive a gift, loan,355
410	410	favor, promise, or thing of value for himself or herself or another person if:356 23 LC 47 2454
411	411	H. B. 741
412	412	- 16 -
413	413	(i) It tends to influence him or her in the discharge of his or her official duties; or
414	414	357
415	415	(ii) He or she recently has been, or is now, or in the near future may be, involved in358
416	416	any official act or action directly affecting the donor or lender.359
417	417	(B) Subparagraph (A) of this paragraph shall not apply in the case of:360
418	418	(i) An occasional nonpecuniary gift of a value less than $100.00;361
419	419	(ii) An award publicly presented in recognition of public service; or362
420	420	(iii) A commercially reasonable loan made in the ordinary course of business by an363
421	421	institution authorized by the laws of Georgia to engage in the making of such a loan;364
422	422	(3) Disclose or otherwise use confidential information acquired by virtue of his or her365
423	423	position for his or her or another person's private gain;366
424	424	(4) Appear on his or her own personal behalf, or represent, advise, or appear on the367
425	425	personal behalf, whether paid or unpaid, of any person before any court or before any368
426	426	legislative, administrative, or quasi-judicial board, agency, commission, or committee of369
427	427	this state or of any county or municipality concerning any contract or transaction which370
428	428	is or may be the subject of an official act or action of Rockdale County or otherwise use371
429	429	or attempt to use his or her official position to secure unwarranted privileges or372
430	430	exemptions for himself or herself or other persons;373
431	431	(5) Engage in, accept employment with, or render services for any agency, private374
432	432	business, or professional activity when such employment or rendering of services is375
433	433	adverse to and incompatible with the proper discharge of his or her official duties;376
434	434	(6) Acquire an interest in any contract or transaction at a time when he or she believes377
435	435	or has reason to believe that such an interest will be affected directly or indirectly by his378
436	436	or her official act or actions or by the official acts or actions of other officials or379
437	437	employees of Rockdale County;380
438	438	(7) Engage in any activity or transaction that is prohibited by law now existing or381
439	439	hereafter enacted which is applicable to him or her by virtue of his or her being an official382
440	440	or employee of Rockdale County; or383 23 LC 47 2454
441	441	H. B. 741
442	442	- 17 -
443	443	(8) Issue directives to employees who report to the county manager, threaten to terminate
444	444	384
445	445	the employment of a county employee, threaten to terminate a county contract so as to385
446	446	exert undue influence, or engage in conduct that is unbecoming of a member of the board386
447	447	of commissioners.387
448	448	(d) Gifts to certain employees. No employee of the purchasing department of Rockdale388
449	449	County shall accept any gift of value from anyone who has had or may reasonably be389
450	450	anticipated to have any business with or before such department. Gifts from persons who390
451	451	do not have or who would not be reasonably anticipated to have any business with or391
452	452	before such department may be accepted by an employee of such department only when392
453	453	such gifts are based solely on a family relationship or personal friendship.393
454	454	(e) Disclosure of interests. An official or employee who has an interest that he or she has394
455	455	reason to believe may be affected by his or her official acts or actions or by the official acts395
456	456	or actions of another official or employee of Rockdale County shall disclose the precise396
457	457	nature and value of such interest by sworn written statement to the board of ethics and ask397
458	458	for the board's opinion as to the propriety of such interest. Every official or employee who398
459	459	knowingly has any interest, direct or indirect, in any contract to which Rockdale County399
460	460	is or is about to become a party, or in any other business with Rockdale County, shall make400
461	461	full disclosure of such interest to the board of commissioners and to the ethics officer and401
462	462	the board of ethics. The information disclosed by such sworn statements, except for the402
463	463	valuation attributed to the disclosed interest, shall be made a matter of public record by the403
464	464	board of ethics. In cases where a conflict of interest exists, such official or employee shall404
465	465	recuse himself or herself from participating or taking any official acts or actions in any405
466	466	matter for the county affected by such conflict of interest.406
467	467	(f) Participation in contracts.407
468	468	(1) An official or employee shall disqualify himself or herself from participating in any408
469	469	official act or action of Rockdale County directly affecting a business or activity in which409
470	470	he or she has any interest, whether or not a remote interest;410 23 LC 47 2454
471	471	H. B. 741
472	472	- 18 -
473	473	(2) Rockdale County shall not enter into any contract involving services or property with
474	474	411
475	475	an official or employee of the county or with a business in which an official or employee412
476	476	of the county has an interest. This subsection shall not apply in the case of:413
477	477	(A) The designation of a bank or trust company as a depository for county funds;414
478	478	(B) The borrowing of funds from any bank or lending institution which offers the415
479	479	lowest available rate of interest for such loans;416
480	480	(C) Contracts for services entered into with a business which is the only available417
481	481	source for such goods or services; or418
482	482	(D) Contracts entered into under circumstances which constitute an emergency419
483	483	situation, provided that a record explaining the emergency is prepared by the board of420
484	484	commissioners and submitted to the board of ethics at its next regular meeting and421
485	485	thereafter kept on file;422
486	486	(3) Rockdale County shall not enter into any contract with, or take any official act or423
487	487	action favorably affecting, any person, or business represented by such person, who has424
488	488	been within the preceding two-year period an official or employee of Rockdale County.425
489	489	(g) Reporting violations.426
490	490	(1) Any person who witnesses or becomes aware of a violation of this section may427
491	491	complain of the violation as follows:428
492	492	(A) A complaint may be communicated anonymously to the ethics administrator. Such429
493	493	complaint shall be made in good faith and with veracity and sufficient specificity so as430
494	494	to provide the ethics officer with salient and investigable facts. The ethics administrator431
495	495	may require the anonymous complaint to be made in a manner and form that is intended432
496	496	only to obtain relevant facts related to the alleged violation of this section and that is433
497	497	not designed to reveal the identity of the complainant; and434
498	498	(B) A sworn written complaint may be filed with the ethics administrator as described435
499	499	in this subparagraph. All written complaints to be considered by the board of ethics and436
500	500	the ethics officer shall contain the following, if applicable:437 23 LC 47 2454
501	501	H. B. 741
502	502	- 19 -
503	503	(i) The name and address of the person or persons filing the complaint;
504	504	438
505	505	(ii) The sworn verification and signature of the complainant;439
506	506	(iii) The name and address of the party or parties against whom the complaint is filed440
507	507	and, if such party is a candidate, the office being sought;441
508	508	(iv) A clear and concise statement of facts upon which the complaint is based along442
509	509	with an allegation that such facts constitute one or more violations of law under the443
510	510	jurisdiction of the board of ethics;444
511	511	(v) A general reference to the allegedly violated statutory provisions of the code of445
512	512	ethics within the jurisdiction of the board of ethics; and446
513	513	(vi) Any further information which might support the allegations in the complaint,447
514	514	including, but not limited to, the following:448
515	515	(I) The names and addresses of all other persons who have first-hand knowledge449
516	516	of the facts alleged in the complaint; and450
517	517	(II) Any documentary evidence that supports the facts alleged in the complaint;451
518	518	(2) Upon receipt of a complaint by the ethics administrator, the ethics administrator shall452
519	519	send a written notice to the subject of the complaint at the same time and in the same453
520	520	form that any disclosure of information is required by Article 4 of Chapter 18 of Title 50454
521	521	of the O.C.G.A. Both this notice and any subsequent documents shall be subject to the455
522	522	provisions of such article; and456
523	523	(3) Upon receipt of a written, nonanonymous complaint which does not conform to the457
524	524	applicable requirements of subparagraph (B) of paragraph (1) of this subsection, the458
525	525	ethics administrator shall by letter acknowledge receipt of the complaint and advise the459
526	526	complainant of the defect in the complaint and that the complaint will not be considered460
527	527	by the board of ethics unless such defect is corrected.461
528	528	(h) Enactment.462
529	529	(1) This section shall be construed liberally to effectuate its purpose and policies and to463
530	530	supplement such existing laws as may relate to the conduct of officials or employees;464 23 LC 47 2454
531	531	H. B. 741
532	532	- 20 -
533	533	(2) The propriety of any official act or action taken by or transaction involving any
534	534	465
535	535	officials or employees immediately prior to the time this section shall take effect shall not466
536	536	be affected by the enactment of this section; and467
537	537	(3) The provisions of this section are severable, and, if any of its provisions shall be held468
538	538	unconstitutional or invalid by a court of competent jurisdiction, the decision of the court469
539	539	shall not affect or impair any of the remaining provisions.470
540	540	(i) Board of ethics.471
541	541	(1)(A) There is created the Board of Ethics of Rockdale County to be composed of472
542	542	seven citizens of Rockdale County to be appointed as provided in paragraph (2) of this473
543	543	subsection.474
544	544	(B) Each member of the board of ethics shall have been a resident of Rockdale County475
545	545	for at least one year immediately preceding the date of taking office and shall remain476
546	546	a resident of the county and, where applicable, the commission district he or she477
547	547	represents, while serving as a member of the board of ethics.478
548	548	(C) No person shall serve as a member of the board of ethics if the person has, or has479
549	549	had within the immediately preceding two-year period, any interest in any contract,480
550	550	transaction, or official act or action of Rockdale County.481
551	551	(D) No member of the board of ethics shall be a member of an agency or an official or482
552	552	employee of Rockdale County or shall have served in such a capacity in the two-year483
553	553	period immediately preceding such person's appointment to the board of ethics.484
554	554	(E) No person shall serve as a member of the board of ethics if the person has been a485
555	555	candidate for, or was elected to, public office in the immediately preceding three-year486
556	556	period. Filing for an elective office shall constitute a resignation from the board of487
557	557	ethics on the date of filing.488
558	558	(F) Appointees to the board of ethics shall have professional knowledge or expertise489
559	559	in matters of ethics, finance, governance, or the law.490 23 LC 47 2454
560	560	H. B. 741
561	561	- 21 -
562	562	(G) All proposed appointments to the board of ethics shall be subject to an education
563	563	491
564	564	and employment background check as well as a criminal history check. Persons492
565	565	proposed to be appointed to the board of ethics shall execute all releases necessary for493
566	566	the appointing authority to accomplish such checks. If the nominee is determined to494
567	567	have committed a felony, the nomination shall be withdrawn.495
568	568	(2)(A) The initial board of ethics shall be appointed as provided in this paragraph to496
569	569	take office on January 1, 2024, and to serve for the terms prescribed in this paragraph.497
570	570	(B) Not later than December 1, 2023, the members of the initial board of ethics shall498
571	571	be selected as follows:499
572	572	(i) Five members shall be appointed by the grand jury of Rockdale County, provided500
573	573	that each such member shall reside in a different commission district than the other501
574	574	members appointed pursuant to this subparagraph; and502
575	575	(ii) Two members shall be appointed by the tax commissioner of Rockdale County.503
576	576	(C) In addition to the members appointed as provided in subparagraph (B) of this504
577	577	paragraph, there shall be two alternate members who shall serve to ensure a quorum505
578	578	when members of the board are absent, have a conflict of interest, or find it necessary506
579	579	to recuse themselves or while a vacancy exists on the board. The alternates shall be507
580	580	selected by the clerk of the Superior Court of Rockdale County.508
581	581	(D) The members and alternates shall each serve for terms of three years; provided,509
582	582	however, that the terms of the initial appointees of the grand jury shall be specified at510
583	583	the time of their appointments. One shall serve until December 31, 2024, and until the511
584	584	appointment and qualification of his or her successor, whichever occurs later; one shall512
585	585	serve until December 31, 2025, and until the appointment and qualification of his or her513
586	586	successor, whichever occurs later; and one shall serve until December 31, 2026, and514
587	587	until the appointment and qualification of his or her successor, whichever occurs later.515
588	588	The initial member appointed by the tax commissioner of Rockdale County shall serve516
589	589	until December 31, 2025, and until the appointment and qualification of his or her517 23 LC 47 2454
590	590	H. B. 741
591	591	- 22 -
592	592	successor, whichever occurs later. The initial alternate members appointed by the clerk
593	593	518
594	594	of the Superior Court of Rockdale County shall serve the terms specified by the clerk519
595	595	of the superior court at the time of the initial appointments. One shall serve until520
596	596	December 31, 2024, and until the appointment and qualification of his or her successor,521
597	597	whichever occurs later, and one shall serve until December 31, 2025, and until the522
598	598	appointment and qualification of his or her successor, whichever occurs later.523
599	599	(E) Successors to all members and alternates of the board of ethics and future524
600	600	successors shall be appointed by the respective appointing authorities not less than 30525
601	601	days prior to the expiration of each such member's term of office, and such successors526
602	602	shall take office on January 1 following such appointment and shall serve terms of three527
603	603	years and until their respective successors are appointed and qualified. No individual528
604	604	shall be appointed to more than two consecutive terms, provided that the initial terms529
605	605	under this Act shall not be counted in such determination.530
606	606	(F) The clerk of the Superior Court of Rockdale County shall provide administrative531
607	607	assistance to the grand jury regarding the appointment of board members pursuant to532
608	608	this section. Upon a vacancy occurring or the conclusion of the term of a board533
609	609	member appointed pursuant to division (i) of subparagraph (B) of this paragraph, the534
610	610	clerk of the Superior Court of Rockdale County shall notify the then-sitting grand jury535
611	611	of its duty pursuant to this section.536
612	612	(3) If a member of the board of ethics ceases to be a resident of Rockdale County, and,537
613	613	where applicable, the commission district he or she represents, that member's position on538
614	614	the board of ethics, by operation of law, shall become vacant upon the establishment of539
615	615	the fact of such nonresidency, if contested, by a court of competent jurisdiction. A540
616	616	vacancy in the board of ethics shall exist by reason of death, the disability or incapacity541
617	617	of a member for more than 90 days, resignation, or loss of residency as described in this542
618	618	paragraph. A member of the board of ethics may be removed from office during a term543
619	619	if the member becomes ineligible to hold civil office within the meaning of Code544 23 LC 47 2454
620	620	H. B. 741
621	621	- 23 -
622	622	Section 45-2-1 of the O.C.G.A. and that ineligibility is established by decision of a court
623	623	545
624	624	of competent jurisdiction which declares the office vacant because of such ineligibility546
625	625	or for good cause by a majority vote of the board of ethics. The ethics officer shall notify547
626	626	the clerk of the Superior Court of Rockdale County and the tax commissioner of548
627	627	Rockdale County of a vacancy upon its occurrence, and such vacancy shall be filled for549
628	628	the unexpired term by the respective appointing authority;550
629	629	(4) The members of the board of ethics shall serve without compensation, but shall be551
630	630	reimbursed for actual expenses incurred while serving on the board. The board of ethics552
631	631	shall elect from their own membership a chairperson and otherwise provide for their own553
632	632	internal organization. The board of commissioners shall provide adequate office and554
633	633	meeting space and pay all administrative costs, including those specifically stipulated in555
634	634	this section, pertaining to the operation of the board of ethics. The board of ethics shall556
635	635	be authorized to employ its own staff and clerical personnel and contract for the services557
636	636	of a competent court reporter, an attorney, and a private investigator as it deems558
637	637	necessary. The members of the board of ethics shall have the authority to propose the559
638	638	budget of the board and shall recommend the budget to the board of commissioners, who560
639	639	shall fund it as a priority. In the event that the proposed budget is in excess561
640	640	of $150,000.00, the board of commissioners shall have the authority to authorize the562
641	641	additional funds requested in accordance with standard budgetary procedures and563
642	642	requirements. The board of ethics shall be completely independent and shall not be564
643	643	subject to control or supervision by the chairperson of the board of commissioners, the565
644	644	board of commissioners, or any other official, employee, or agency of the county566
645	645	government; and567
646	646	(5) The board of ethics shall have the following duties:568
647	647	(A) To establish procedures, rules, and regulations governing its internal organization569
648	648	and the conduct of its affairs;570 23 LC 47 2454
649	649	H. B. 741
650	650	- 24 -
651	651	(B) To render advisory opinions with respect to the interpretation and application of
652	652	571
653	653	this section to all officials or employees who seek advice as to whether a particular572
654	654	course of conduct would constitute a violation of the standards imposed in this section573
655	655	or other applicable ethical standards. Such opinions shall be binding on the board of574
656	656	ethics in any subsequent complaint concerning the official or employee who sought the575
657	657	opinion and acted in good faith, unless material facts were omitted or misstated in the576
658	658	request for the advisory opinion;577
659	659	(C) To prescribe forms for the disclosures required in this section and to make578
660	660	available to the public the information disclosed as provided in this section;579
661	661	(D) To receive and hear complaints of violations of the standards required by this580
662	662	section over which it has personal and subject matter jurisdiction;581
663	663	(E) To make such investigations as it deems necessary to determine whether any582
664	664	official or employee has violated or is about to violate any provisions of this section;583
665	665	and584
666	666	(F) To hold such hearings and make such inquiries as it deems necessary for it to carry585
667	667	out properly its functions and powers.586
668	668	(j) Ethics officer.587
669	669	(1) There is hereby created as a full-time salaried position an ethics officer for Rockdale588
670	670	County. The ethics officer shall receive compensation annually in an amount equal to 82589
671	671	percent of the base salary paid to judges of the superior court by the State of Georgia;590
672	672	such compensation shall be paid from county funds and shall not be in addition to the591
673	673	budget provided for the board of ethics in paragraph (4) of subsection (i) of this section.592
674	674	The ethics officer must be an active member of the State Bar of Georgia in good standing593
675	675	with five years' experience in the practice of law. The ethics officer shall be appointed594
676	676	by a majority of the members of the board of ethics for a period not to exceed six years.595
677	677	Removal of the ethics officer before the expiration of the designated term shall be for596
678	678	cause by a majority vote of the members of the board of ethics. The ethics officer need597 23 LC 47 2454
679	679	H. B. 741
680	680	- 25 -
681	681	not be a resident of the county at the time of his or her appointment, but he or she shall
682	682	598
683	683	reside in Rockdale County within six months of such appointment and continue to reside599
684	684	therein throughout such appointment;600
685	685	(2) The ethics officer shall not be involved in partisan or nonpartisan political activities601
686	686	or the political affairs of Rockdale County; and602
687	687	(3) The duties of the ethics officer shall include, but not be limited to, the following:603
688	688	(A) Educating and training all county officials and employees to have an awareness604
689	689	and understanding of the mandate for and enforcement of ethical conduct and advising605
690	690	them of the provisions of the code of ethics of Rockdale County;606
691	691	(B) Meeting with the board of ethics;607
692	692	(C) Advising officials and employees regarding disclosure statements and reviewing608
693	693	the same to ensure full and complete financial reporting;609
694	694	(D) Urging compliance with the code of ethics by calling to the attention of the board610
695	695	of ethics any failure to comply or any issues, including the furnishing of false or611
696	696	misleading information, that the ethics officer believes should be investigated by the612
697	697	board of ethics so that the board of ethics may take such action as it deems appropriate;613
698	698	(E) Monitoring, evaluating, and acting upon information obtained from an ethics614
699	699	hotline, which shall be a county telephone number for the receipt of information about615
700	700	ethical violations. Each complaint, as of the time it is reported, whether by telephone616
701	701	or otherwise, shall be deemed to be a separate pending investigation of a complaint617
702	702	against a public officer or employee as provided by Article 4 of Chapter 18 of Title 50618
703	703	of the O.C.G.A.;619
704	704	(F) Reporting, as appropriate, suspected ethical violations to the board of ethics;620
705	705	(G) Reporting, as appropriate, suspected criminal violations to state or federal law621
706	706	enforcement agencies; and622
707	707	(H) Filing with the board of ethics and the board of commissioners on the first Tuesday623
708	708	of each February a written report describing the activities of the ethics officer in624 23 LC 47 2454
709	709	H. B. 741
710	710	- 26 -
711	711	carrying out the goals of his or her office and reporting on the ethical health of
712	712	625
713	713	Rockdale County.626
714	714	(k) Ethics administrator.627
715	715	(1) There is hereby created as a full-time salaried position an ethics administrator for628
716	716	Rockdale County. The annual compensation provided to the ethics administrator shall629
717	717	be paid from county funds and shall be considered part of the budget for the board of630
718	718	ethics provided for in paragraph (4) of subsection (i) of this section. The ethics631
719	719	administrator shall be selected by the board of ethics and shall serve at the pleasure of the632
720	720	board;633
721	721	(2) The ethics administrator shall not be involved in partisan or nonpartisan political634
722	722	activities or the political affairs of Rockdale County; and635
723	723	(3) The duties of the ethics administrator shall include, but not be limited to, the636
724	724	following:637
725	725	(A) Maintaining the records of the board of ethics as required by Article 4 of638
726	726	Chapter 18 of Title 50 of the O.C.G.A.;639
727	727	(B) Notifying the subject of a report of any alleged violation of the ethics code,640
728	728	whether the report is anonymous, made by an identified individual, or written. Such641
729	729	notice shall be given in writing to the subject of the complaint at the same time and in642
730	730	the same form that any disclosure of information is required by Article 4 of Chapter 18643
731	731	of Title 50 of the O.C.G.A.;644
732	732	(C) Notifying the board of ethics of any report of an alleged violation of the ethics code645
733	733	received by the ethics administrator; and646
734	734	(D) Such other duties as may be assigned by the board of ethics.647
735	735	(l) Investigations and hearings. 648
736	736	(1) The board of ethics shall conduct investigations into alleged violations of the code649
737	737	of ethics, hold hearings, and issue decisions as prescribed in this subsection;650 23 LC 47 2454
738	738	H. B. 741
739	739	- 27 -
740	740	(2) The proceedings and records of the board of ethics shall be open unless otherwise
741	741	651
742	742	permitted by state law;652
743	743	(3) Upon request of the board of ethics, the Rockdale County Solicitor or any attorney653
744	744	representing the office of the Rockdale County Solicitor, or, in the event of a conflict, any654
745	745	attorney who shall be selected by a majority vote of the board of ethics, shall advise the655
746	746	board of ethics;656
747	747	(4) A complaint may be filed by the ethics officer, any person, or a group of people by657
748	748	submitting to the ethics administrator a written, verified, and sworn complaint under the658
749	749	penalty of perjury or false swearing. The complaint shall specifically identify all659
750	750	provisions of the Rockdale County code of ethics which the subject of the complaint is660
751	751	alleged to have violated, set forth facts as would be admissible in evidence in a court661
752	752	proceeding, and show affirmatively that the complainant or affiant, if in addition to or662
753	753	different from the complainant, is competent to testify to the matter set forth therein. All663
754	754	documents referenced in the complaint as well as supporting affidavits shall be attached664
755	755	to the complaint;665
756	756	(5) Upon receipt of the complaint, the ethics administrator shall bring the complaint666
757	757	before the board of ethics which shall cause the ethics officer to conduct a preliminary667
758	758	investigation to determine whether it meets the jurisdictional requirements as set forth in668
759	759	this section. Upon the conclusion of the preliminary investigation, the ethics officer shall669
760	760	report his or her findings to the board. If, in the opinion of the board, the complaint fails670
761	761	to meet the jurisdictional requirements as set forth in this section, the board shall direct671
762	762	the ethics officer to notify the person who filed the complaint and such person shall have672
763	763	ten days from the date of notice to correct and refile the complaint with the board. A673
764	764	complaint which fails to satisfy the jurisdictional requirements as established by this674
765	765	section and by the rules and procedures established by the board of ethics shall be675
766	766	dismissed by the board of ethics no later than 30 days after the complaint is filed with the676
767	767	ethics administrator, unless extended by a majority vote of the board of ethics;677 23 LC 47 2454
768	768	H. B. 741
769	769	- 28 -
770	770	(6) The ethics officer will report his or her findings and recommendation to the board of
771	771	678
772	772	ethics and advise whether there is probable cause for belief that the code of ethics has679
773	773	been violated, warranting a formal hearing. If the board of ethics determines, after the680
774	774	preliminary investigation of a complaint by the ethics officer, that there does not exist681
775	775	probable cause for belief that this section has been violated, the board of ethics shall so682
776	776	notify the complainant and the subject of the investigation, and the complaint will be683
777	777	dismissed. If the board of ethics determines, after a preliminary investigation of the684
778	778	complaint by the ethics officer, that there does exist probable cause for belief that this685
779	779	section has been violated, the board of ethics shall give notice to the person involved to686
780	780	attend a hearing to determine whether there has been a violation of this section;687
781	781	(7) For use in proceedings under this section, the board of ethics shall have the power to688
782	782	issue subpoenas to compel any person to appear, give sworn testimony, or produce689
783	783	documentary or other evidence. Any person who fails to respond to such subpoenas may690
784	784	be subjected to the penalties set forth in subsection (m) of this section;691
785	785	(8) All hearings of the board of ethics pursuant to this section shall be as follows:692
786	786	(A) All testimony shall be under oath, which shall be administered by a member of the693
787	787	board of ethics. Any person who appears before the board of ethics shall have all of the694
788	788	due process rights, privileges, and responsibilities of a witness appearing before the695
789	789	courts of this state. Any person whose name is mentioned during a proceeding of the696
790	790	board of ethics and who may be adversely affected thereby may appear personally697
791	791	before the board of ethics on such person's own behalf or may file a written sworn698
792	792	statement for incorporation into the record to be made part of all proceedings pursuant699
793	793	to this subsection;700
794	794	(B) The decision of the board of ethics shall be governed by a preponderance of the701
795	795	evidence standard; and702
796	796	(C) At the conclusion of proceedings concerning an alleged violation, the board of703
797	797	ethics shall immediately begin deliberations on the evidence and proceed to determine704 23 LC 47 2454
798	798	H. B. 741
799	799	- 29 -
800	800	by a majority vote of members present whether there has been a violation of this
801	801	705
802	802	section. The findings of the board of ethics concerning a violation and the record of the706
803	803	proceedings shall be made public by the ethics officer as soon as practicable after the707
804	804	determination has been made;708
805	805	(9) Any investigation or hearing pursuant to this subsection shall be commenced within709
806	806	two years of the date of the alleged violation; provided, however, that any complaint filed710
807	807	against an elected official within 60 days of an election in which such official is a711
808	808	candidate for public office shall not be acted upon until such election is concluded and712
809	809	certified; and713
810	810	(10) The county attorney shall be prohibited from appearing before the board of ethics714
811	811	on behalf of any person.715
812	812	(m) Violations; appeals.716
813	813	(1) Any intentional violation of this section, furnishing of false or misleading717
814	814	information to the board of ethics or the ethics officer, failure to follow an opinion718
815	815	rendered by the board of ethics, or failure to comply with a subpoena issued by the board719
816	816	of ethics pursuant to this section shall subject the violator to any one or more of the720
817	817	following:721
818	818	(A) Administrative sanction of not more than $1,000.00 assessed by the board of722
819	819	ethics, which said board shall pay over to the county's general fund; 723
820	820	(B) For employees subject to this section, the board of ethics may recommend724
821	821	termination of employment with the county;725
822	822	(C) Public reprimand by the board of ethics; and726
823	823	(D) Prosecution by the Rockdale County Solicitor in the magistrate court of Rockdale727
824	824	County and, upon conviction, a fine of up to $1,000.00 per violation and up to six728
825	825	months' imprisonment whether the official or employee is elected or appointed, paid or729
826	826	unpaid. Nothing in this section shall be interpreted to conflict with state law. An action730
827	827	for violation of this section or the furnishing of false or misleading information or the731 23 LC 47 2454
828	828	H. B. 741
829	829	- 30 -
830	830	failure to comply with a subpoena issued by the board of ethics must be brought within
831	831	732
832	832	two years after the violation is discovered;733
833	833	(2) With regard to violations by persons other than officials or employees, in addition to734
834	834	the remedies in paragraph (1) of this subsection, the board of ethics may recommend to735
835	835	the board of commissioners any one or more of the following:736
836	836	(A) Suspension of a contractor; and737
837	837	(B) Disqualification or debarment from contracting or subcontracting with Rockdale738
838	838	County;739
839	839	(3) The decision of the board of ethics after a hearing shall be final; provided, however,740
840	840	that such proceeding shall be subject to review by writ of certiorari to the Superior Court741
841	841	of Rockdale County. The ethics administrator shall be authorized to acknowledge service742
842	842	of any such writ and shall, within the time provided by law, certify and cause to be filed743
843	843	with the clerk of the superior court a record of the proceedings before the board of ethics,744
844	844	the decision of the board of ethics, and the notice of the final actions of the board of745
845	845	ethics.746
846	846	(n) Any employee of the county filing a complaint pursuant to this section or providing747
847	847	information to the board of ethics, ethics officer, or ethics administrator in the course of an748
848	848	investigation undertaken pursuant to this section shall not be disciplined or subject to any749
849	849	adverse employment action as a result of filing such complaint or cooperating with an750
850	850	investigation.751
851	851	(o) The provisions of this section shall supersede any conflicting policies or procedures752
852	852	adopted by the board of commissioners or any agency, officer, or employee subject to this753
853	853	section."754
854	854	SECTION 7.755
855	855	The election superintendent of Rockdale County shall call and conduct an election as756
856	856	provided in this section for the purpose of submitting this Act to the electors of the Rockdale757 23 LC 47 2454
857	857	H. B. 741
858	858	- 31 -
859	859	County for approval or rejection. The election superintendent shall conduct that election on
860	860	758
861	861	the Tuesday after the first Monday in November, 2023 and shall issue the call and conduct759
862	862	such election as provided by general law. The election superintendent shall cause the date760
863	863	and purpose of the election to be published once a week for two weeks immediately761
864	864	preceding the date thereof in the official organ of Rockdale County. The ballot shall have762
865	865	written or printed thereon the words:763
866	866	"( ) YES764
867	867	( ) NO765
868	868	766
869	869	Shall the Act be approved that expands the Rockdale County Board of
870	870	Commissioners to five members and provides for a county manager form
871	871	of government and a code of ethics?"
872	872	All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring
873	873	767
874	874	to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on768
875	875	such question are for approval of the Act:769
876	876	(1) Section 6 and the provisions of this Act necessary to conduct elections for the members770
877	877	of the Board of Commissioners of Rockdale County in 2024 shall become effective on771
878	878	January 1, 2024;772
879	879	(2) Except as otherwise provided in paragraph (1) of this section, the remaining provisions773
880	880	of Sections 1 through 5 of this Act shall become effective on January 1, 2025.774
881	881	If the Act is not so approved, or if the election is not conducted as provided in this section,775
882	882	Sections 1 through 6 of this Act shall not become effective, and this Act shall be776
883	883	automatically repealed on the first day of January immediately following that election date.777
884	884	The expense of such election shall be borne by Rockdale County. It shall be the election778
885	885	superintendent's duty to certify the result thereof to the Secretary of State. The provisions779
886	886	of this section shall be mandatory upon the election superintendent and are not intended as780
887	887	directory. If the election superintendent fails or refuses to comply with this section, any781
888	888	elector of Rockdale County may apply for a writ of mandamus to compel the election782
889	889	superintendent to perform his or her duties under this section. If the court finds that the783
890	890	election superintendent has not complied with this section, the court shall fashion appropriate784 23 LC 47 2454
891	891	H. B. 741
892	892	- 32 -
893	893	relief requiring the election superintendent to call and conduct such election on the date
894	894	785
895	895	required by this section or on the next date authorized for special elections provided for in786
896	896	Code Section 21-2-540 of the O.C.G.A.787
897	897	SECTION 8.788
898	898	Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon789
899	899	its approval by the Governor or upon its becoming law without such approval.790
900	900	SECTION 9.791
901	901	All laws and parts of laws in conflict with this Act are repealed.792 23 LC 47 2454
902	902	H. B. 741
903	903	- 33 -
904	904	APPENDIX A
905	905	793
906	906	User: HD92 794
907	907	Plan Name: RockdaleCC-2023795
908	908	Plan Type: Local 796
909	909	District 001797
910	910	County Rockdale GA 798
911	911	VTD BETHEL799
912	912	VTD CONYERS800
913	913	Block 060310 801
914	914	3005 3006 802
915	915	Block 060317 803
916	916	1005 1006 1027 1028 1029 1030 1031 1032 2002 2003 2004 2005804
917	917	2006 2007 2008 805
918	918	VTD HIGHTOWER806
919	919	VTD MILSTEAD807
920	920	Block 060317 808
921	921	1000 1001 1002 1003 1004 1007 1022 809
922	922	Block 060318 810
923	923	2026 811
924	924	VTD OLD TOWNE812
925	925	Block 060104 813
926	926	1019 1020 1021 1023 1024 1025 1026 1027 1028 1029 1030 1031814
927	927	1032 1033 1035 1036 1037 1038 1039 815
928	928	Block 060306 816
929	929	3001 817
930	930	Block 060317 818 23 LC 47 2454
931	931	H. B. 741
932	932	- 34 -
933	933	1008 1009 1010 1011 1012 1013 1014 1018 1019 1020 1021 1023
934	934	819
935	935	Block 060318 820
936	936	2027 2031 821
937	937	VTD THE LAKES822
938	938	District 002823
939	939	County Rockdale GA 824
940	940	VTD CONYERS825
941	941	Block 060310 826
942	942	1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011827
943	943	1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023828
944	944	1024 1027 1028 1029 1030 1031 1032 1033 1042 1043 1044 1045829
945	945	1046 1047 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034830
946	946	3035 3036 3037 3038 3039 3040 3041 3045 3046 3047 3048 3049831
947	947	3050 3051 3052 3053 832
948	948	Block 060317 833
949	949	3000 3001 3005 3006 3007 3008 3010 3011 3012 3013 834
950	950	Block 060318 835
951	951	1001 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013836
952	952	1014 1015 2005 2006 2007 2008 2009 2010 2012 2015 2019 2020837
953	953	2028 838
954	954	VTD FLAT SHOALS839
955	955	Block 060305 840
956	956	2005 2007 2008 2009 2010 2011 2012 2013 4023 841
957	957	Block 060310 842
958	958	1051 1052 1053 1054 843
959	959	VTD MILSTEAD844 23 LC 47 2454
960	960	H. B. 741
961	961	- 35 -
962	962	Block 060305
963	963	845
964	964	3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3011 4000846
965	965	4001 4002 4004 4011 4012 4013 4014 4015 4017 4025 4026 4027847
966	966	4030 848
967	967	Block 060306 849
968	968	1000 1001 1002 1004 1005 1006 1008 1011 1014 1015 1016 1017850
969	969	1018 1019 1020 1021 1022 3000 3002 3003 3004 3005 3006 3007851
970	970	3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019852
971	971	Block 060310 853
972	972	1036 1037 1038 1039 2000 2001 2011 2012 854
973	973	Block 060315 855
974	974	1006 1007 1008 1009 1011 1012 1013 1014 1015 1016 1017 1019856
975	975	1020 1023 2005 2006 857
976	976	Block 060316 858
977	977	1000 1002 1003 1004 1005 2006 2015 2018 2019 2020 2022 3000859
978	978	3003 3010 3011 3012 3013 860
979	979	Block 060317 861
980	980	3003 3004 862
981	981	Block 060318 863
982	982	1000 1002 2000 2002 2003 2004 2011 2013 2014 2016 2017 2018864
983	983	2021 2022 2023 2024 2025 2029 865
984	984	VTD OLD TOWNE866
985	985	Block 060305 867
986	986	2000 2001 2002 2003 2004 2006 2014 2015 3010 3012 4003 4005868
987	987	4006 4007 4008 4009 4010 4016 4018 4019 4020 4021 4022 4024869
988	988	4028 4029 4031 870
989	989	Block 060306 871 23 LC 47 2454
990	990	H. B. 741
991	991	- 36 -
992	992	1003 1007 1009 1010 1012 1013
993	993	872
994	994	Block 060310 873
995	995	1025 1026 1034 1035 1040 1041 1048 1049 1050 2002 2003 2004874
996	996	2005 2006 2007 2008 2009 2010 875
997	997	Block 060315 876
998	998	1010 1018 1021 1022 1024 1025 1026 1027 2007 2008 2009 2010877
999	999	2011 2012 2013 2014 2015 2016 2017 2018 878
1000	1000	Block 060316 879
1001	1001	1001 1006 2000 2001 2002 2003 2004 2005 2007 2008 2009 2010880
1002	1002	2011 2012 2013 2014 2016 2017 2021 3001 3002 3004 3005 3006881
1003	1003	3007 3008 3009 3014 3015 3016 3017 3018 3019 3020 3021 3022882
1004	1004	3023 883
1005	1005	Block 060318 884
1006	1006	1016 2001 2030 885
1007	1007	District 003886
1008	1008	County Rockdale GA 887
1009	1009	VTD FLAT SHOALS888
1010	1010	Block 060305 889
1011	1011	1000 1005 1006 1007 1008 890
1012	1012	Block 060311 891
1013	1013	2037 2038 2039 2040 2041 892
1014	1014	VTD OLD TOWNE893
1015	1015	Block 060204 894
1016	1016	2000 895
1017	1017	Block 060305 896
1018	1018	1001 1002 1003 1004 897 23 LC 47 2454
1019	1019	H. B. 741
1020	1020	- 37 -
1021	1021	Block 060311
1022	1022	898
1023	1023	1000 1001 1002 1003 1004 1007 1008 1009 1010 1011 1012 1013899
1024	1024	1020 1021 1022 1023 1024 2000 2001 2003 2012 2013 2014 2016900
1025	1025	2018 2020 2021 2022 2023 2024 2025 2026 2027 2030 2031 2033901
1026	1026	2034 2035 2036 2042 2043 2044 2046 2048 2049 2051 2052 2053902
1027	1027	Block 060312 903
1028	1028	3000 3001 3002 3003 3013 3014 3020 904
1029	1029	VTD ROCKDALE905
1030	1030	VTD SMYRNA906
1031	1031	VTD ST PIUS907
1032	1032	Block 060311 908
1033	1033	1005 1006 1014 1015 1016 1017 1018 1019 1025 1026 1027 1028909
1034	1034	1029 2047 2050 910
1035	1035	Block 060410 911
1036	1036	1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 912
1037	1037	VTD STANTON913
1038	1038	Block 060410 914
1039	1039	1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 915
1040	1040	District 004916
1041	1041	County Rockdale GA 917
1042	1042	VTD FIELDSTONE918
1043	1043	VTD FLAT SHOALS919
1044	1044	Block 060305 920
1045	1045	2017 2018 921
1046	1046	Block 060312 922
1047	1047	1000 1001 1002 1003 1004 1005 1006 2000 2001 2002 2003 2006923 23 LC 47 2454
1048	1048	H. B. 741
1049	1049	- 38 -
1050	1050	3004 3005 3006 3007 3008 3009 3010 3011 3012 3015 3019
1051	1051	924
1052	1052	VTD MAGNET925
1053	1053	Block 060313 926
1054	1054	1019 927
1055	1055	Block 060406 928
1056	1056	1000 1001 1002 1003 1004 1005 1006 1007 1008 929
1057	1057	Block 060407 930
1058	1058	1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011931
1059	1059	1012 1013 1014 1015 932
1060	1060	VTD ST PIUS933
1061	1061	Block 060312 934
1062	1062	3016 3017 3018 3021 935
1063	1063	Block 060313 936
1064	1064	1004 1005 1006 1008 1009 1010 937
1065	1065	Block 060410 938
1066	1066	2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011939
1067	1067	2012 2013 2014 2015 2016 2017 940
1068	1068	District 005941
1069	1069	County Rockdale GA 942
1070	1070	VTD BARKSDALE943
1071	1071	VTD HONEY CREEK944
1072	1072	VTD LORRAINE945
1073	1073	VTD MAGNET946
1074	1074	Block 060407 947
1075	1075	2002 2003 2004 2005 2006 2007 3001 3002 3003 3004 3005 3006948
1076	1076	3007 3008 3009 3010 3011 949 23 LC 47 2454
1077	1077	H. B. 741
1078	1078	- 39 -
1079	1079	VTD STANTON
1080	1080	950
1081	1081	Block 060403 951
1082	1082	1013 1014 952
1083	1083	Block 060409 953
1084	1084	3001 3002 3003 3004 3005 3006 3010 3011 3014 3015 954
1085	1085	Block 060411 955
1086	1086	1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012956
1087	1087	1013 1014 1020 1021 957