GA
Georgia House Bill HB794

Georgia 2025-2026 Regular Session

Georgia House Bill HB794 Compare Versions

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1-25 LC 47 3355/AP
2-House Bill 794 (AS PASSED HOUSE AND SENATE)
1+25 LC 47 3355
2+House Bill 794
33 By: Representatives Scott of the 76
44 th
55 , Neal of the 79
66 th
77 , Burnough of the 77
88 th
99 , Flournoy of the
1010 74
1111 th
1212 , Douglas of the 78
1313 th
1414 , and others
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend an Act creating the Clayton County Board of Commissioners, approved
1818 1
1919 February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved2
2020 May 6, 2024 (Ga. L. 2024, p. 4178), so as to revise and update provisions relating to the code3
2121 of ethics and the board of ethics; to provide for administrative and support services; to4
2222 provide for budgetary independence of such board; to provide for returns to grand jury; to5
2323 provide for examination and approval and failure of such returns; to provide for employment6
2424 of ethics officer and ethics administrator; to provide for hearings; to provide for petitions; to7
2525 provide for referral of potential criminal activity to law enforcement; to provide for related8
2626 matters; to repeal conflicting laws; and for other purposes.9
2727 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
2828 SECTION 1.11
2929 An Act creating the Clayton County Board of Commissioners, approved February 8, 195512
3030 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved May 6, 2024 (Ga. L.13
3131 2024, p. 4178), is amended by revising Section 14.1 as follows:14
3232 H. B. 794
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3434 "SECTION 14.1.
3535 15
3636 (a) Purpose.16
3737 (1) It is essential to the proper administration and operation of the Clayton County17
3838 government that its officials and employees be, and give the appearance of being,18
3939 independent and impartial, that public office not be used for private gain, and that there19
4040 be public confidence in the integrity of Clayton County officials and employees. Because20
4141 the attainment of one or more of these ends is impaired whenever there exists in fact, or21
4242 appears to exist, a conflict between the private interests and public responsibilities of22
4343 officials and employees, the public interest requires that the General Assembly protect23
4444 against such conflicts of interest by establishing by law appropriate ethical standards with24
4545 respect to the conduct of the officials and employees of Clayton County in situations25
4646 where a conflict may exist.26
4747 (2) The General Assembly recognizes that an appropriate and effective code of ethics for27
4848 appointed officials and employees of Clayton County is also essential for the proper28
4949 administration and operation of the Clayton County government.29
5050 (b) Definitions. As used in this section, the term:30
5151 (1) 'Agency' means any board, bureau, body, commission, committee, department, or31
5252 office of Clayton County to which the board of commissioners has appointment powers.32
5353 (2) 'Business' means any corporation, partnership, organization, sole proprietorship, other33
5454 entity operated for economic gain, whether professional, industrial, or commercial, and34
5555 entity which for purposes of federal income taxation is treated as a nonprofit35
5656 organization.36
5757 (3) 'Confidential information' means information which has been obtained in the course37
5858 of holding public office, employment, acting as an independent contractor, or otherwise38
5959 acting as an official or employee and which information is not available to members of39
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6262 the public under state law or other law or regulation and which the official, independent
6363 40
6464 contractor, or employee is not authorized to disclose.41
6565 (4) 'Contract' means any claim or demand against or any lease, account, or agreement42
6666 with any person, whether express or implied, executed or executory, verbal or in writing.43
6767 (5) 'Emergency situation' means any circumstance or condition giving rise to an44
6868 immediate necessity for the execution of a contract by and between Clayton County and45
6969 an official or employee or between Clayton County and a business in which an official46
7070 or employee has an interest and where, to the satisfaction of the board of commissioners,47
7171 it is shown that there is no one other than such persons with whom the contract could48
7272 have been made and that the necessity was not brought about by such persons' own fault49
7373 or neglect.50
7474 (6) 'Immediate family' means an official or employee and his or her spouse, parents,51
7575 brothers, sisters, and natural or adopted children.52
7676 (7) 'Interest' means any direct or indirect pecuniary or material benefit held by or53
7777 accruing to the official or employee as a result of a contract or transaction which is or54
7878 may be the subject of an official act or action by or with Clayton County. Unless55
7979 otherwise provided in this section, the term 'interest' does not include any remote interest. 56
8080 An official or employee shall be deemed to have an interest in transactions involving:57
8181 (A) Any person in the official's or employee's immediate family;58
8282 (B) Any person, business, or entity that the official or employee knows or should know59
8383 is seeking official action with Clayton County, is seeking to do or does business with60
8484 Clayton County, has interests that may be substantially affected by performance or61
8585 nonperformance of the official's or employee's official duties, or with whom a62
8686 contractual relationship exists whereby the official or employee may receive any63
8787 payment or other benefit;64
8888 (C) Any business in which the official or employee is a director, officer, employee,65
8989 shareholder, or consultant; or66
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9292 (D) Any person of whom the official or employee is a creditor, whether secured or
9393 67
9494 unsecured.68
9595 (8) 'Official or employee' means any person elected or appointed to or employed or69
9696 retained by Clayton County or any agency, whether paid or unpaid and whether part time70
9797 or full time. Such term includes retired employees or former county employees during71
9898 the period of time in which they are later employed or retained by the county or any72
9999 agency. Such term does not include superior and state court judges and their immediate73
100100 staffs, the district attorney, the solicitor of the state court, the clerks of the superior and74
101101 state courts, magistrates, the judge of the probate court, the sheriff, the tax commissioner,75
102102 and their respective staffs.76
103103 (9) 'Official act or action' means any legislative, administrative, appointive, or77
104104 discretionary act of the board of commissioners, the chairperson of the board of78
105105 commissioners, or a commissioner.79
106106 (10) 'Paid' means the receipt of, or right to receive, a salary, commission, percentage,80
107107 brokerage, or contingent fee.81
108108 (11) 'Participating' means to take part in official acts, actions, or proceedings personally82
109109 as an official or employee through approval, disapproval, decision, recommendation,83
110110 investigation, the rendering of advice, or the failure to act or perform a duty.84
111111 (12) 'Person' means any individual, business, labor organization, representative,85
112112 fiduciary, trust, or association, whether paid or unpaid, and includes any official or86
113113 employee of Clayton County.87
114114 (13) 'Property' means any property, whether real or personal or tangible or intangible,88
115115 and includes currency and commercial paper.89
116116 (14) 'Remote interest' means the interest of:90
117117 (A) A nonsalaried director, officer, or employee of a nonprofit organization;91
118118 (B) A holder of less than 5 percent of the legal or beneficial ownership of the total92
119119 shares of a business;93
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122122 (C) Any person in a representative capacity, such as a receiver, trustee, or
123123 94
124124 administrator; or95
125125 (D) Any person who, by determination of the board of ethics, is deemed to have such96
126126 an interest.97
127127 (15) 'Transaction' means the conduct of any activity that results in or may result in an98
128128 official act or action of an official or employee of Clayton County.99
129129 (c) Proscribed conduct. No official or employee of Clayton County shall:100
130130 (1) By his or her conduct give reasonable basis for the impression that any person can101
131131 improperly influence him or her or unduly enjoy his or her favor in the performance of102
132132 his or her official acts or actions or that he or she is affected unduly by the rank or103
133133 position of or kinship or association with any person;104
134134 (2)(A) Directly or indirectly request, exact, receive, or agree to receive a gift, loan,105
135135 favor, promise, or thing of value for himself or herself or another person if:106
136136 (i) It tends to influence him or her in the discharge of his or her official duties; or107
137137 (ii) He or she recently has been, or is now, or in the near future may be, involved in108
138138 any official act or action directly affecting the donor or lender.109
139139 (B) Subparagraph (A) of this paragraph shall not apply in the case of:110
140140 (i) An occasional nonpecuniary gift of value less than $100.00;111
141141 (ii) An award publicly presented in recognition of public service; or112
142142 (iii) A commercially reasonable loan made in the ordinary course of business by an113
143143 institution authorized by the laws of Georgia to engage in the making of such a loan;114
144144 (3) Disclose or otherwise use confidential information acquired by virtue of his or her115
145145 position for his or her or another person's private gain;116
146146 (4) Appear on his or her own personal behalf, or represent, advise, or appear on the117
147147 personal behalf, whether paid or unpaid, of any person before any court or before any118
148148 legislative, administrative, or quasi-judicial board, agency, commission, or committee of119
149149 this state or of any county or municipality concerning any contract or transaction which120
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152152 is or may be the subject of an official act or action of Clayton County or otherwise use
153153 121
154154 or attempt to use his or her official position to secure unwarranted privileges or122
155155 exemptions for himself or herself or other persons;123
156156 (5) Engage in, accept employment with, or render services for any agency, private124
157157 business, or professional activity when such employment or rendering of services is125
158158 adverse to and incompatible with the proper discharge of his or her official duties;126
159159 (6) Acquire an interest in any contract or transaction at a time when he or she believes127
160160 or has reason to believe that such an interest will be affected directly or indirectly by his128
161161 or her official act or actions or by the official acts or actions of other officials or129
162162 employees of Clayton County; or130
163163 (7) Engage in any activity or transaction that is prohibited by law now existing or131
164164 hereafter enacted which is applicable to him or her by virtue of his or her being an official132
165165 or employee of Clayton County.133
166166 (d) Gifts to certain employees. No employee of the purchasing department of Clayton134
167167 County shall accept any gift of value from anyone who has had or may reasonably be135
168168 anticipated to have any business with or before such department. Gifts from persons who136
169169 do not have or who would not be reasonably anticipated to have any business with or137
170170 before such department may be accepted by an employee of such department only when138
171171 such gifts are based solely on a family relationship or personal friendship.139
172172 (e) Disclosure of interests. An official or employee who has an interest that he or she has140
173173 reason to believe may be affected by his or her official acts or actions or by the official acts141
174174 or actions of another official or employee of Clayton County shall disclose the precise142
175175 nature and value of such interest by sworn written statement to the board of ethics and ask143
176176 for the board's opinion as to the propriety of such interest. Every official or employee who144
177177 knowingly has any interest, direct or indirect, in any contract to which Clayton County is145
178178 or is about to become a party, or in any other business with Clayton County, shall make full146
179179 disclosure of such interest to the board of commissioners and to the ethics officer and the147
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182182 board of ethics. The information disclosed by such sworn statements, except for the
183183 148
184184 valuation attributed to the disclosed interest, shall be made a matter of public record by the149
185185 board of ethics. In cases where a conflict of interest exists, such official or employee shall150
186186 recuse himself or herself from participating or taking any official acts or actions in any151
187187 matter for the county affected by such conflict of interest.152
188188 (f) Participation in contracts.153
189189 (1) An official or employee shall disqualify himself or herself from participating in any154
190190 official act or action of Clayton County directly affecting a business or activity in which155
191191 he or she has any interest, whether or not a remote interest.156
192192 (2) Clayton County shall not enter into any contract involving services or property with157
193193 an official or employee of the county or with a business in which an official or employee158
194194 of the county has an interest. This subsection shall not apply in the case of:159
195195 (A) The designation of a bank or trust company as a depository for county funds;160
196196 (B) The borrowing of funds from any bank or lending institution which offers the161
197197 lowest available rate of interest for such loans;162
198198 (C) Contracts for services entered into with a business which is the only available163
199199 source for such goods or services; or164
200200 (D) Contracts entered into under circumstances which constitute an emergency165
201201 situation, provided that a record explaining the emergency is prepared by the board of166
202202 commissioners and submitted to the board of ethics at its next regular meeting and167
203203 thereafter kept on file.168
204204 (3) Clayton County shall not enter into any contract with, or take any official act or169
205205 action favorably affecting, any person, or business represented by such person, who has170
206206 been within the preceding two-year period an official or employee of Clayton County.171
207207 (g) Reporting violations.172
208208 (1) Any person who witnesses or becomes aware of a violation of this section may173
209209 complain of the violation as follows:174
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212212 (A) A complaint may be communicated anonymously to the ethics administrator. Such
213213 175
214214 complaint shall be made in good faith and with veracity and sufficient specificity so as176
215215 to provide the ethics officer with salient and investigable facts. The ethics177
216216 administrator may require the anonymous complaint to be made in a manner and form178
217217 that is intended only to obtain relevant facts related to the alleged violation of this179
218218 section and that is not designed to reveal the identity of the complainant; and180
219219 (B) A sworn written complaint may be filed with the ethics administrator as described181
220220 in this subparagraph. All written complaints to be considered by the board of ethics and182
221221 the ethics officer shall contain the following, if applicable:183
222222 (i) The name and address of the person or persons filing the complaint;184
223223 (ii) The sworn verification and signature of the complainant;185
224224 (iii) The name and address of the party or parties against whom the complaint is filed186
225225 and, if such party is a candidate, the office being sought;187
226226 (iv) A clear and concise statement of facts upon which the complaint is based along188
227227 with an allegation that such facts constitute one or more violations of law under the189
228228 jurisdiction of the board of ethics;190
229229 (v) A general reference to the allegedly violated statutory provisions of the code of191
230230 ethics within the jurisdiction of the board of ethics; and192
231231 (vi) Any further information which might support the allegations in the complaint,193
232232 including, but not limited to, the following:194
233233 (I) The names and addresses of all other persons who have first-hand knowledge195
234234 of the facts alleged in the complaint; and196
235235 (II) Any documentary evidence that supports the facts alleged in the complaint.197
236236 (2) Upon receipt of a complaint by the ethics administrator, the ethics administrator shall198
237237 send a written notice to the subject of the complaint by the next business day. Both this199
238238 notice and any subsequent documents shall be subject to Article 4 of Chapter 18 of200
239239 Title 50 of the O.C.G.A.201
240240 H. B. 794
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242242 (3) Upon receipt of a written, nonanonymous complaint which does not conform to the
243243 202
244244 applicable requirements of subparagraph (B) of paragraph (1) of this subsection, the203
245245 ethics administrator shall by letter acknowledge receipt of the complaint and advise the204
246246 complainant of the defect in the complaint and that the complaint will not be considered205
247247 by the board of ethics unless the defect is corrected.206
248248 (h) Enactment.207
249249 (1) This section shall be construed liberally to effectuate its purpose and policies and to208
250250 supplement such existing laws as may relate to the conduct of officials or employees.209
251251 (2) The propriety of any official act or action taken by or transaction involving any210
252252 officials or employees immediately prior to the time this section shall take effect shall not211
253253 be affected by the enactment of this section.212
254254 (3) The provisions of this section are severable, and if any of its provisions shall be held213
255255 unconstitutional or invalid by a court of competent jurisdiction, the decision of the court214
256256 shall not affect or impair any of the remaining provisions.215
257257 (i) Board of ethics.216
258258 (1)(A) There is created the board of ethics of Clayton County to be composed of eight217
259259 citizens of Clayton County to be appointed as provided in paragraph (2) of this218
260260 subsection.219
261261 (B) Each member of the board of ethics shall have been a resident of Clayton County220
262262 for at least one year immediately preceding the date of taking office and shall remain221
263263 a resident of the county, and where applicable the commission district he or she222
264264 represents, while serving as a member of the board of ethics.223
265265 (C) No person shall serve as a member of the board of ethics if the person has, or has224
266266 had within the immediately preceding two-year period, any interest in any contract,225
267267 transaction, or official act or action of Clayton County.226
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270270 (D) No member of the board of ethics shall be a member of an agency or an official or
271271 227
272272 employee of Clayton County or shall have served in such a capacity in the two-year228
273273 period immediately preceding such person's appointment to the board of ethics.229
274274 (E) No person shall serve as a member of the board of ethics if the person has been a230
275275 candidate for, or was elected to, public office in the immediately preceding three-year231
276276 period. Filing for an elective office shall constitute a resignation from the board of232
277277 ethics on the date of filing.233
278278 (F) Appointees to the board of ethics shall have professional knowledge or expertise234
279279 in matters of ethics, finance, governance, or the law.235
280280 (G)(i) All proposed appointments to the board of ethics shall be subject to an236
281281 education and employment background check as well as a criminal history check. 237
282282 Persons proposed to be appointed to the board of ethics shall execute all releases238
283283 necessary for the appointing authority to accomplish such checks.239
284284 (ii) No person shall serve as a member of the board of ethics if such person has been240
285285 convicted of a felony.241
286286 (iii) No person shall serve as a member of the board of ethics if such person has242
287287 outstanding tax debts.243
288288 (H) Not later than immediately prior to the time of the appointment or appointments244
289289 provided for under paragraph (2) of this subsection, each person seeking to be245
290290 appointed as a member or alternate member of the board of ethics shall file with the246
291291 clerk of superior court a uniform application form which shall be a public record. The247
292292 clerk of superior court shall design the form which indicates an applicant's education,248
293293 employment background, experience, and qualifications for such appointment.249
294294 (2)(A) The initial board of ethics shall be appointed as provided in this paragraph to take250
295295 office on September 1, 2025, and to serve for the terms prescribed in this paragraph.251
296296 (B) Not later than August 1, 2025, the members of the initial board of ethics shall be252
297297 selected as follows:253
298298 H. B. 794
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300300 (i) Five members shall be appointed by the grand jury of Clayton County, provided
301301 254
302302 that no more than two board members shall reside within the same commission255
303303 district; and256
304304 (ii) Three members shall be appointed by the tax commissioner of Clayton County.257
305305 (C) In addition to the members appointed as provided in subparagraph (B) of this258
306306 paragraph, there shall be one alternate member who shall serve to ensure a quorum259
307307 when members of the board are absent, have a conflict of interest, or find it necessary260
308308 to recuse themselves or while a vacancy exists on the board. The alternate shall be261
309309 appointed by the tax commissioner of Clayton County.262
310310 (D) The members and alternate shall each serve for terms of three years; provided,263
311311 however, that the terms of the initial appointees shall be specified at the time of their264
312312 appointments as follows:265
313313 (i) For initial members appointed by the grand jury: Two shall serve until266
314314 December 31, 2026, and until the appointment and qualification of his or her267
315315 successor, whichever occurs later; two shall serve until December 31, 2027, and until268
316316 the appointment and qualification of his or her successor, whichever occurs later; and269
317317 one shall serve until December 31, 2028, and until the appointment and qualification270
318318 of his or her successor, whichever occurs later;271
319319 (ii) For initial members appointed by the tax commissioner: One shall serve until272
320320 December 31, 2026, and until the appointment and qualification of his or her273
321321 successor, whichever occurs later; one shall serve until December 31, 2027, and until274
322322 the appointment and qualification of his or her successor, whichever occurs later; and275
323323 one shall serve until December 3, 2028, and until the appointment and qualification276
324324 of his or her successor, whichever occurs later; and277
325325 (iii) The initial alternate member appointed by the tax commissioner shall serve until278
326326 December 31, 2028, and until the appointment and qualification of his or her279
327327 successor, whichever occurs later.280
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330330 (E) Successors to all members and alternates of the board of ethics and future
331331 281
332332 successors shall be appointed by the respective appointing authorities not less than 30282
333333 days prior to the expiration of each such member's term of office, and such successors283
334334 shall take office on January 1 following such appointment and shall serve terms of three284
335335 years and until their respective successors are appointed and qualified. No individual285
336336 shall be appointed to more than two consecutive terms, provided that the initial terms286
337337 under this Act shall not be counted in such determination.287
338338 (F) Members and alternates of the board of ethics shall serve at the pleasure of their288
339339 respective appointing authorities.289
340340 (G) The clerk of the Superior Court of Clayton County shall provide administrative290
341341 assistance to the grand jury regarding the appointment of board members pursuant to291
342342 this section. Upon a vacancy occurring or the conclusion of the term of a board292
343343 member appointed pursuant to division (i) of subparagraph (B) of this paragraph, the293
344344 clerk of the Superior Court of Clayton County shall notify the then sitting grand jury294
345345 of its duty pursuant to this section.295
346346 (3) If a member of the board of ethics ceases to be a resident of Clayton County, and296
347347 where applicable the commission district he or she represents, that member's position on297
348348 the board of ethics, by operation of law, shall become vacant upon the establishment of298
349349 the fact of such nonresidency, if contested, by a court of competent jurisdiction. A299
350350 vacancy in the board of ethics shall exist by reason of death, the disability or incapacity300
351351 of a member for more than 90 days, resignation, or loss of residency as described in this301
352352 paragraph. A member of the board of ethics may be removed from office during a term302
353353 if the member becomes ineligible to hold civil office within the meaning of Code303
354354 Section 45-2-1 of the O.C.G.A. and that ineligibility is established by decision of a court304
355355 of competent jurisdiction which declares the office vacant because of such ineligibility305
356356 or for good cause by a majority vote of the board of ethics. The ethics officer shall notify306
357357 the clerk of the Superior Court of Clayton County and the tax commissioner of Clayton307
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360360 County of a vacancy upon its occurrence, and such vacancy shall be filled for the
361361 308
362362 unexpired term by the respective appointing authority.309
363363 (4)(A) The members of the board of ethics shall serve without compensation and shall310
364364 elect from their own membership a chairperson and otherwise provide for their own311
365365 internal organization. Four members of the board shall constitute a quorum.312
366366 (B) The board of commissioners shall provide adequate office and meeting space and313
367367 pay all administrative costs, including those specifically stipulated in this paragraph,314
368368 pertaining to the operation of the board of ethics. The board of commissioners shall315
369369 provide the board of ethics with administrative and support services of the same level316
370370 and type as provided to other county departments. The board of ethics shall be317
371371 authorized to employ its own staff and clerical personnel and contract for the services318
372372 of a competent court reporter, an attorney, and a private investigator as it deems319
373373 necessary.320
374374 (C) The members of the board of ethics shall have the authority to propose the budget321
375375 of the board and shall recommend the budget to the board of commissioners, who shall322
376376 fund it as a priority. In the event that the proposed budget is in excess of $200,000.00,323
377377 the board of commissioners shall have the authority to authorize the additional funds324
378378 requested in accordance with standard budgetary procedures and requirements. The325
379379 board of ethics shall be completely independent and shall not be subject to control or326
380380 supervision by the chairperson of the board of commissioners, the board of327
381381 commissioners, or any other official, employee, or agency of the county government. 328
382382 The board of ethics shall have the same level of budgetary independence as provided329
383383 by state law to sheriffs.330
384384 (D)(i) The board of ethics shall make a return, under oath, to the grand jury of the331
385385 county on the first day of each term of the superior court. The return shall set forth a332
386386 just and true statement of the amount of money belonging to the county which was333
387387 received by the ethics board and the source from which the money was received, along334
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390390 with the expenditures of the board of ethics, accompanied by a copy of the most recent
391391 335
392392 financial statement or annual audit of the financial affairs of the ethics board.336
393393 (ii) When a return provided for in division (i) of this subparagraph has been made,337
394394 the grand jury shall examine such return. If such return is found to be correct, the338
395395 grand jury shall endorse its approval thereon and attach such endorsement to its339
396396 general presentments, to be filed in the office of the clerk of superior court. If the340
397397 return is found to be incorrect, the grand jury, through its foreperson, shall return it341
398398 to the officer making such return, shall plainly and distinctly set forth in writing the342
399399 grounds of its disapproval, and shall require the officer to appear before the jury and343
400400 explain the errors.344
401401 (iii) Should any officer fail or refuse to make the return required by division (i) of345
402402 this subparagraph, the foreperson of the grand jury shall immediately notify the346
403403 presiding judge of such failure. The judge shall issue an order requiring the347
404404 delinquent officer to come forward and make the return required or, in default thereof,348
405405 to be attached for contempt.349
406406 (5) The board of ethics shall have the following duties:350
407407 (A) To establish procedures, rules, and regulations governing its internal organization351
408408 and the conduct of its affairs;352
409409 (B) To render advisory opinions with respect to the interpretation and application of353
410410 this section to all officials or employees who seek advice as to whether a particular354
411411 course of conduct would constitute a violation of the standards imposed in this section355
412412 or other applicable ethical standards. Such opinions shall be binding on the board of356
413413 ethics in any subsequent complaint concerning the official or employee who sought the357
414414 opinion and acted in good faith, unless material facts were omitted or misstated in the358
415415 request for the advisory opinion;359
416416 (C) To prescribe forms for the disclosures required in this section and to make360
417417 available to the public the information disclosed as provided in this section;361
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420420 (D) To receive and hear complaints of violations of the standards required by this
421421 362
422422 section over which it has personal and subject matter jurisdiction;363
423423 (E) To make such investigations as it deems necessary to determine whether any364
424424 official or employee has violated or is about to violate any provisions of this section;365
425425 and366
426426 (F) To hold such hearings and make such inquiries as it deems necessary for it to carry367
427427 out properly its functions and powers.368
428428 (j) Ethics officer.369
429429 (1) There is hereby created as a position an ethics officer for Clayton County. The ethics370
430430 officer may be an employee of the county or an independent contractor. The ethics371
431431 officer must be an active member of the State Bar of Georgia in good standing with five372
432432 years' experience in the practice of law. The ethics officer shall be appointed by a373
433433 majority of the members of the board of ethics, subject to confirmation by a majority of374
434434 the board of commissioners, for a period not to exceed six years. Removal of the ethics375
435435 officer before the expiration of the designated term shall be for cause by a majority vote376
436436 of the members of the board of ethics. The ethics officer need not be a resident of the377
437437 county at the time of his or her appointment, but he or she shall reside in Clayton County378
438438 within six months of such appointment and continue to reside therein throughout such379
439439 appointment.380
440440 (2) The ethics officer shall not be involved in partisan or nonpartisan political activities381
441441 or the political affairs of Clayton County.382
442442 (3) The duties of the ethics officer shall include, but not be limited to, the following:383
443443 (A) Educating and training all county officials and employees to have an awareness384
444444 and understanding of the mandate for and enforcement of ethical conduct and advising385
445445 them of the provisions of the code of ethics of Clayton County;386
446446 (B) Meeting with the board of ethics;387
447447 H. B. 794
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449449 (C) Advising officials and employees regarding disclosure statements and reviewing
450450 388
451451 the same to ensure full and complete financial reporting;389
452452 (D) Urging compliance with the code of ethics by calling to the attention of the board390
453453 of ethics any failure to comply or any issues, including the furnishing of false or391
454454 misleading information, that the ethics officer believes should be investigated by the392
455455 board of ethics so that the board of ethics may take such action as it deems appropriate;393
456456 (E) Monitoring, evaluating, and acting upon information obtained from an ethics394
457457 hotline, which shall be a county telephone number for the receipt of information about395
458458 ethical violations. Each complaint, as of the time it is reported, whether by telephone396
459459 or otherwise, shall be deemed to be a separate pending investigation of a complaint397
460460 against a public officer or employee as provided by Article 4 of Chapter 18 of Title 50398
461461 of the O.C.G.A.;399
462462 (F) Reporting, as appropriate, suspected ethical violations to the board of ethics;400
463463 (G) Reporting, as appropriate, suspected criminal violations to state or federal law401
464464 enforcement agencies; and402
465465 (H) Filing with the board of ethics and the board of commissioners on the first Tuesday403
466466 of each February a written report describing the activities of the ethics officer in404
467467 carrying out the goals of his or her office and the code of ethics and reporting on the405
468468 ethical health of Clayton County.406
469469 (k) Ethics administrator.407
470470 (1) There is hereby created as a position an ethics administrator for Clayton County. The408
471471 ethics administrator shall be selected by the board of ethics and shall serve at the pleasure409
472472 of the board. The ethics administrator may be an employee of the county or as an410
473473 independent contractor.411
474474 (2) The ethics administrator shall not be involved in partisan or nonpartisan political412
475475 activities or the political affairs of Clayton County.413
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478478 (3) The duties of the ethics administrator shall include, but not be limited to, the
479479 414
480480 following:415
481481 (A) Maintaining the records of the board of ethics as required by Article 4 of416
482482 Chapter 18 of Title 50 of the O.C.G.A.;417
483483 (B) Notifying the subject of a report of any alleged violation of the ethics code,418
484484 whether the report is anonymous, made by an identified individual, or written. Such419
485485 notice shall be given in writing to the subject of the complaint at the same time and in420
486486 the same form that any disclosure of information is required by Article 4 of Chapter 18421
487487 of Title 50 of the O.C.G.A.;422
488488 (C) Notifying the board of ethics of any report of an alleged violation of the ethics code423
489489 received by the ethics administrator; and424
490490 (D) Such other duties as may be assigned by the board of ethics.425
491491 (l) Investigations and hearings.426
492492 (1) The board of ethics shall conduct investigations into alleged violations of the code427
493493 of ethics, hold hearings, and issue decisions as prescribed in this subsection.428
494494 (2) The proceedings and records of the board of ethics shall be open unless otherwise429
495495 permitted by state law.430
496496 (3) A complaint may be filed by the ethics officer, any resident, or a group of residents431
497497 of Clayton County by submitting to the ethics administrator a written, verified, and sworn432
498498 complaint under the penalty of perjury or false swearing. The complaint shall specifically433
499499 identify all provisions of the Clayton County code of ethics which the subject of the434
500500 complaint is alleged to have violated, set forth facts as would be admissible in evidence435
501501 in a court proceeding, and show affirmatively that the complainant or affiant, if in436
502502 addition to or different from the complainant, is competent to testify to the matter set437
503503 forth therein. All documents referenced in the complaint as well as supporting affidavits438
504504 shall be attached to the complaint.439
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506+- 17 - 25 LC 47 3355
507507 (4) Upon receipt of the complaint, the ethics administrator shall bring the complaint
508508 440
509509 before the board of ethics which shall cause the ethics officer to conduct a preliminary441
510510 investigation to determine whether it meets the jurisdictional requirements as set forth in442
511511 this section. Upon the conclusion of the preliminary investigation, the ethics officer shall443
512512 report his or her findings to the board. If, in the opinion of the board, the complaint fails444
513513 to meet the jurisdictional requirements as set forth in this section, the board shall direct445
514514 the ethics officer to notify the person who filed the complaint and such person shall have446
515515 ten days from the date of notice to correct and refile the complaint with the board. A447
516516 complaint which fails to satisfy the jurisdictional requirements as established by this448
517517 section and by the rules and procedures established by the board of ethics shall be449
518518 dismissed by the board of ethics no later than 30 days after the complaint is filed with the450
519519 ethics administrator, unless extended by a majority vote of the board of ethics.451
520520 (5) The ethics officer will report his or her findings and recommendation to the board of452
521521 ethics and advise whether there is probable cause for belief that the code of ethics has453
522522 been violated, warranting a formal hearing. If the board of ethics determines, after the454
523523 preliminary investigation of a complaint by the ethics officer, that there does not exist455
524524 probable cause for belief that this section has been violated, the board of ethics shall so456
525525 notify the complainant and the subject of the investigation, and the complaint will be457
526526 dismissed. If the board of ethics determines, after a preliminary investigation of the458
527527 complaint by the ethics officer, that there does exist probable cause for belief that this459
528528 section has been violated, the board of ethics shall give notice to the person involved to460
529529 attend a hearing to determine whether there has been a violation of this section.461
530530 (6) For use in proceedings under this section, the board of ethics shall have the power to462
531531 issue subpoenas to compel any person to appear, give sworn testimony, or produce463
532532 documentary or other evidence. Any person who fails to respond to such subpoenas may464
533533 be subjected to the penalties set forth in subsection (m) of this section.465
534534 (7) All hearings of the board of ethics pursuant to this section shall be as follows:466
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537537 (A) All testimony shall be under oath, which shall be administered by a member of the
538538 467
539539 board of ethics. Any person who appears before the board of ethics shall have all of the468
540540 due process rights, privileges, and responsibilities of a witness appearing before the469
541541 courts of this state. Any person whose name is mentioned during a proceeding of the470
542542 board of ethics and who may be adversely affected thereby may appear personally471
543543 before the board of ethics on such person's own behalf or may file a written sworn472
544544 statement for incorporation into the record to be made part of all proceedings pursuant473
545545 to this subsection;474
546546 (B) The decision of the board of ethics shall be governed by a preponderance of the475
547547 evidence standard;476
548548 (C) All hearings held by the board of ethics shall be conducted in accordance with the477
549549 rules of evidence set forth in Title 24 of the O.C.G.A.; and478
550550 (D) At the conclusion of proceedings concerning an alleged violation, the board of479
551551 ethics shall immediately begin deliberations on the evidence and proceed to determine480
552552 by a majority vote of members present whether there has been a violation of this481
553553 section. The findings of the board of ethics concerning a violation and the record of the482
554554 proceedings shall be made public by the ethics officer as soon as practicable after the483
555555 determination has been made.484
556556 (m) Violations; appeals.485
557557 (1) Any intentional violation of this section, furnishing of false or misleading486
558558 information to the board of ethics or the ethics officer, failure to follow an opinion487
559559 rendered by the board of ethics, or failure to comply with a subpoena issued by the board488
560560 of ethics pursuant to this section shall subject the violator to any one or more of the489
561561 following:490
562562 (A) Administrative sanction of not more than $1,000.00 assessed by the board of491
563563 ethics;492
564564 (B) Public reprimand by the board of ethics; and493
565565 H. B. 794
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566+- 19 - 25 LC 47 3355
567567 (C) The board of ethics shall refer any potential criminal activity to an appropriate law
568568 494
569569 enforcement officer.495
570570 (2) With regard to violations by persons other than officials or employees, in addition to496
571571 the remedies in paragraph (1) of this subsection, the board of ethics may recommend to497
572572 the board of commissioners any one or more of the following:498
573573 (A) Suspension of a contractor; and499
574574 (B) Disqualification or debarment from contracting or subcontracting with Clayton500
575575 County.501
576576 (3) The decision of the board of ethics after a hearing shall be final; provided, however,502
577577 that such proceeding shall be subject to review by filing a petition for review in the503
578578 superior court. The proceedings on the petition for review shall be governed by504
579579 Chapter 3 of Title 5 of the O.C.G.A. The designee of the board of ethics shall be505
580580 authorized to acknowledge service of any such petition for review and shall, within the506
581581 time provided by law, certify and cause to be filed with the clerk of the superior court a507
582582 record of the proceedings before the board of ethics, the decision of the board of ethics,508
583583 and the notice of the final actions of the board of ethics."509
584584 SECTION 2.510
585585 All laws and parts of laws in conflict with this Act are repealed.511
586586 H. B. 794
587587 - 20 -