Georgia 2025-2026 Regular Session

Georgia Senate Bill SB359 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		25 LC 47 3573
2	2		Senate Bill 359
3	3		By: Senators Jones of the 10th, Davenport of the 17th, Strickland of the 42nd and Williams
4	4		of the 25th
5		-	AS PASSED SENATE
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		To amend an Act to provide for a new Board of Commissioners of Henry County, approved
9	8		1
10	9		March 28, 1974 (Ga. L. 1974, p. 3680), as amended, so as to revise and restate provisions2
11	10		regarding the code of ethics; to revise provisions related to the chairperson of the board of3
12	11		commissioners and county manager; to provide for related matters; to repeal conflicting laws;4
13	12		and for other purposes.5
14	13		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
15	14		SECTION 1.7
16	15		An Act to provide for a new Board of Commissioners of Henry County, approved8
17	16		March 28, 1974 (Ga. L. 1974, p. 3680), as amended, is amended by revising Section 7.1 as9
18	17		follows:10
19	18		"SECTION 7.1.11
20	19		(a) Purpose.12
21	20		(1) It is essential to the proper administration and operation of the Henry County13
22	21		government, authorities of the county, and their officials and employees be, and give the14
23	22		appearance of being, independent and impartial, that public office not be used for private15
24	23		S. B. 359
25	24		- 1 - 25 LC 47 3573
26	25		gain, and that there be public confidence in the integrity of Henry County officials and
27	26		16
28	27		employees. Because the attainment of one or more of these ends is impaired whenever17
29	28		there exists in fact, or appears to exist, a conflict between the private interests and public18
30	29		responsibilities of officials and employees, the public interest requires that the General19
31	30		Assembly protect against such conflicts of interest by establishing by law appropriate20
32	31		ethical standards with respect to the conduct of the officials and employees of Henry21
33	32		County in situations where a conflict may exist.22
34	33		(2) The General Assembly recognizes that an appropriate and effective code of ethics for23
35	34		appointed officials and employees of Henry County is also essential for the proper24
36	35		administration and operation of the Henry County government.25
37	36		(3) This Article supersedes and replaces any ethics or conflicts of interest ordinances of26
38	37		Henry County.27
39	38		(b) Definitions. As used in this section, the term:28
40	39		(1) 'Agency' means any board, bureau, body, commission, committee, department, or29
41	40		office of Henry County to which the board of commissioners has appointment powers.30
42	41		(1.1) 'Authority' means any local authority created by Henry County pursuant to the31
43	42		authority granted by state law, and may include joint public instrumentalities established32
44	43		by the county. 33
45	44		(2) 'Business' means any corporation, partnership, organization, sole proprietorship, other34
46	45		entity operated for economic gain, whether professional, industrial, or commercial, and35
47	46		entity which for purposes of federal income taxation is treated as a nonprofit36
48	47		organization.37
49	48		(3) 'Confidential information' means information which has been obtained in the course38
50	49		of holding public office, employment, acting as an independent contractor, or otherwise39
51	50		acting as an official or employee and which information is not available to members of40
52	51		the public under state law or other law or regulation and which the official, independent41
53	52		contractor, or employee is not authorized to disclose.42
54	53		S. B. 359
55	54		- 2 - 25 LC 47 3573
56	55		(4) 'Contract' means any claim or demand against or any lease, account, or agreement
57	56		43
58	57		with any person, whether express or implied, executed or executory, verbal or in writing.44
59	58		(5) 'Emergency situation' means any circumstance or condition giving rise to an45
60	59		immediate necessity for the execution of a contract by and between Henry County and46
61	60		an official or employee or between Henry County and a business in which an official or47
62	61		employee has an interest and where, to the satisfaction of the board of commissioners, it48
63	62		is shown that there is no one other than such persons with whom the contract could have49
64	63		been made and that the necessity was not brought about by such persons' own fault or50
65	64		neglect.51
66	65		(6) 'Henry County' means the government of Henry County, Georgia, and encompasses52
67	66		any affiliated departments, agencies, boards, and commissions under its jurisdiction or53
68	67		control.54
69	68		(6.1) 'Immediate family' means an official or employee and his or her spouse, parents,55
70	69		brothers, sisters, and natural or adopted children related by blood, marriage, or legal court56
71	70		order, and spouses of such persons.57
72	71		(7) 'Interest' means any direct or indirect pecuniary or material benefit held by or58
73	72		accruing to the official or employee as a result of a contract or transaction which is or59
74	73		may be the subject of an official act or action by or with Henry County. Unless otherwise60
75	74		provided in this section, the term 'interest' does not include any remote interest. An61
76	75		official or employee shall be deemed to have an interest in transactions involving:62
77	76		(A) Any person in the official's or employee's immediate family;63
78	77		(B) Any person, business, or entity that the official or employee knows or should know64
79	78		is seeking official action with Henry County, is seeking to do or does business with65
80	79		Henry County, has interests that may be substantially affected by performance or66
81	80		nonperformance of the official's or employee's official duties, or with whom a67
82	81		contractual relationship exists whereby the official or employee may receive any68
83	82		payment or other benefit;69
84	83		S. B. 359
85	84		- 3 - 25 LC 47 3573
86	85		(C) Any business in which the official or employee is a director, officer, employee,
87	86		70
88	87		shareholder, or consultant; or71
89	88		(D) Any person of whom the official or employee is a creditor, whether secured or72
90	89		unsecured.73
91	90		(8) 'Official or employee' means any person elected or appointed to or employed or74
92	91		retained or contracted by Henry County, the board of commissioners, or any agency. 75
93	92		Such term includes retired employees or former county employees during the period of76
94	93		time in which they are later employed or retained by the county or any associated agency. 77
95	94		Such term does not include superior and state court judges and their immediate staffs, the78
96	95		district attorney, the solicitor of the state court, the clerks of the superior and state courts,79
97	96		magistrates, the judge of the probate court, sheriff, tax commissioner, and their respective80
98	97		staffs, including but not limited to employees of court created programs.81
99	98		(9) 'Official act or action' means any legislative, administrative, appointive, or82
100	99		discretionary act of any official or employee of the board of commissioners or any83
101	100		affiliated agency.84
102	101		(10) 'Paid' means the receipt of, or right to receive, a salary, commission, percentage,85
103	102		brokerage, or contingent fee.86
104	103		(11) 'Participate' means to take part in official acts, actions, or proceedings personally87
105	104		as an official or employee through approval, disapproval, decision, recommendation,88
106	105		investigation, the rendering of advice, or the failure to act or perform a duty.89
107	106		(12) 'Person' means any individual, business, labor organization, representative,90
108	107		fiduciary, trust, or association, whether paid or unpaid, and includes any official or91
109	108		employee.92
110	109		(13) 'Property' means any property, whether real or personal or tangible or intangible,93
111	110		and includes currency and commercial paper.94
112	111		(14) 'Remote interest' means the interest of:95
113	112		(A) A nonsalaried director, officer, or employee of a nonprofit organization;96
114	113		S. B. 359
115	114		- 4 - 25 LC 47 3573
116	115		(B) A holder of less than 5 percent of the legal or beneficial ownership of the total
117	116		97
118	117		shares of a business;98
119	118		(C) Any person in a representative capacity, such as a receiver, trustee, or99
120	119		administrator; or100
121	120		(D) Any person who, by determination of the board of ethics, is deemed to have such101
122	121		an interest.102
123	122		(14.1) 'Reprimand' means an action taken by the board of ethics, which constitutes and103
124	123		transmits a public disapproval of the conduct of an officer's or employee's conduct.104
125	124		(15) 'Transaction' means the conduct of any activity that results in or may result in an105
126	125		official act or action.106
127	126		(c) Proscribed conduct. No official or employee shall:107
128	127		(1) By his or her conduct give reasonable basis for the impression that any person can108
129	128		improperly influence him or her or unduly enjoy his or her favor in the performance of109
130	129		his or her official acts or actions or that he or she is affected unduly by the rank or110
131	130		position of or kinship or association with any person;111
132	131		(2)(A) Directly or indirectly request, exact, receive, or agree to receive a gift, loan,112
133	132		favor, promise, or thing of value for himself or herself or another person if:113
134	133		(i) It tends to influence him or her in the discharge of his or her official duties; or114
135	134		(ii) He or she recently has been, or is now, or in the near future may be, involved in115
136	135		any official act or action directly affecting the donor or lender.116
137	136		(B) Subparagraph (A) of this paragraph shall not apply in the case of:117
138	137		(i) Payment by Henry County of salaries, compensation, expense, or employee118
139	138		benefits, or payments by an employer or business other than Henry County of salaries,119
140	139		compensation, expense, or employee benefits or payment of fees for services rendered120
141	140		pursuant to a contract, when the payment is unrelated to the official's or employee's121
142	141		status with Henry County and is not made for the purpose of influencing, directly or122
143	142		indirectly, a vote, official action, or decision of such official or employee;123
144	143		S. B. 359
145	144		- 5 - 25 LC 47 3573
146	145		(ii) Campaign or political contributions made and reported in accordance with federal
147	146		124
148	147		or state law;125
149	148		(iii) Reasonable registration fees, tickets, meals or refreshments furnished in126
150	149		connection with an official's or employee's appearance in an official capacity at a127
151	150		public, civic, charitable or non-profit ceremony, event, convention or conference128
152	151		whether the sponsor of the event does or does not do business with Henry County;129
153	152		(iv) Hospitality, or meals, extended for a social, charitable, non-profit, convention,130
154	153		conference, or business purpose unrelated to the official business;131
155	154		(v) Reimbursements from non-county sources of reasonable hosting expenses, 132
156	155		including travel, meals, and lodging, provided to an official or employee in 133
157	156		connection with speaking engagements, participation on professional or civic panels,134
158	157		teaching, or attendance at events and/or conferences in an official capacity;135
159	158		(vi) An award, plaque, certificate, memento, novelty or similar item given in136
160	159		recognition of the recipient's civic, charitable, political, professional, or public137
161	160		service;138
162	161		(vii) Nominal gifts, meals, or other tokens of recognition valued, less than $100.00; 139
163	162		(viii) Anything of value when the thing of value is offered to Henry County, is140
164	163		accepted on behalf of Henry County, and is to remain the property of Henry County;141
165	164		(ix) A commercially reasonable loan made in the ordinary course of business by an142
166	165		institution authorized by the laws of Georgia to engage in the making of such a loan;143
167	166		(x) Anything of value received as a devise, bequest, or inheritance; or144
168	167		(xi) A gift received from the official's or employee's immediate family or a relative145
169	168		within the third degree of consanguinity under the civil law computation method;146
170	169		(3) Disclose or otherwise use confidential information acquired by virtue of his or her147
171	170		position for his or her or another person's private gain;148
172	171		(4) Appear on his or her own personal behalf, or represent, advise, or appear on the149
173	172		personal behalf, whether paid or unpaid, of any person before any court or before any150
174	173		S. B. 359
175	174		- 6 - 25 LC 47 3573
176	175		legislative, administrative, or quasi-judicial board, agency, commission, or committee of
177	176		151
178	177		this state or of any county or municipality concerning any contract or transaction which152
179	178		is or may be the subject of an official act or action or otherwise use or attempt to use his153
180	179		or her official position to secure unwarranted privileges or exemptions for himself or154
181	180		herself or other persons;155
182	181		(5) Engage in, accept employment with, or render services for any agency, private156
183	182		business, or professional activity when such employment or rendering of services is157
184	183		adverse to and incompatible with the proper discharge of his or her official duties; or158
185	184		(6) Engage in any activity or transaction that is prohibited by law now existing or159
186	185		hereafter enacted which is applicable to him or her by virtue of his or her being an official160
187	186		or employee of Henry County.161
188	187		(c.1) Additional proscribed conduct for commissioners. Members of the board of162
189	188		commissioners shall not issue directives to employees who report to the county manager,163
190	189		threaten to terminate the employment of a county employee, threaten to terminate a county164
191	190		contract so as to exert undue influence, or engage in conduct that is unbecoming of a165
192	191		member of the board of commissioners.166
193	192		(d) Gifts to certain employees. No employee of the purchasing department of Henry167
194	193		County shall accept any gift of value from anyone who has had or may reasonably be168
195	194		anticipated to have any business with or before such department. Gifts from persons who169
196	195		do not have or who would not be reasonably anticipated to have any business with or170
197	196		before such department may be accepted by an employee of such department only when171
198	197		such gifts are based solely on a family relationship or personal friendship.172
199	198		(e)(1) An official or employee who has an interest that he or she has reason to believe173
200	199		may be affected by his or her official acts or actions or by the official acts or actions of174
201	200		another officials or employees of Henry County shall:175
202	201		(A) Prior to taking such official act or action, unless as otherwise provided in176
203	202		paragraph (e)(2) of this section, disclose the precise nature and value of such interest177
204	203		S. B. 359
205	204		- 7 - 25 LC 47 3573
206	205		by sworn written statement to the ethics officer and the clerk of the governing board or
207	206		178
208	207		the entity (board of commissioners or agency) to which the official or employee serves;179
209	208		and180
210	209		(B) Recuse or disqualify himself or herself from participating or taking any official181
211	210		acts or actions affected by such interest. 182
212	211		(2) In the situation where the information regarding the official act or action was not183
213	212		made available to the official or employee a reasonable time before the official act or184
214	213		action was to take place so that it would be unreasonable for such person to have made185
215	214		the disclosure required by subparagraph (e)(1)(A) of this section in advance, such person186
216	215		shall make an unsworn verbal public disclosure at the meeting, comply with187
217	216		subparagraph (e)(1)(B) of this section, and submit the sworn disclosure as soon as188
218	217		possible, but not more than 45 days after the official act or action.189
219	218		(3) Nothing in this subsection (e) of this section shall be construed to preclude or190
220	219		interfere with the official acts or actions of those officials or employees who do not have191
221	220		an interest subject to this subsection. 192
222	221		(f) Participation in contracts.193
223	222		(1) No official or employee shall acquire an interest in any contract or transaction at a194
224	223		time when he or she believes or has reason to believe that such an interest will be195
225	224		affected directly or indirectly by his or her official act or actions or by the official acts or196
226	225		actions of other officials or employees. 197
227	226		(2) Henry County shall not enter into any contract involving services or property with198
228	227		an official or employee of the county or with a business in which an official or employee199
229	228		of the county has an interest. This subsection shall not apply in the case of:200
230	229		(A) The designation of a bank or trust company as a depository for county funds;201
231	230		(B) The borrowing of funds from any bank or lending institution which offers the202
232	231		lowest available rate of interest for such loans;203
233	232		S. B. 359
234	233		- 8 - 25 LC 47 3573
235	234		(C) Contracts for services entered into with a business which is the only available
236	235		204
237	236		source for such goods or services; 205
238	237		(D) Contracts entered into under circumstances which constitute an emergency206
239	238		situation, provided that a record explaining the emergency is prepared by the board of207
240	239		commissioners and submitted to the board of ethics at its next regular meeting and208
241	240		thereafter kept on file; 209
242	241		(E) Contracts for property, goods, or services with an officer or employee, or member210
243	242		of the immediate family of an officer or employee, or a business that employs an officer211
244	243		or employee, or member of the immediate family of an officer or employee, where:212
245	244		(i) The contract is competitively procured; and213
246	245		(ii) The officer or employee does not participate in any aspect of the procurement or214
247	246		performance of the contract; or215
248	247		(F) Contracts for legal, psychological, or medical services.216
249	248		(3) Henry County shall not enter into any contract with, or take any official act or action217
250	249		favorably affecting, any person, or business represented by such person, who has been218
251	250		within the preceding one-year period an official or employee.219
252	251		(f.1) No county official or employee shall use or threaten to use his or her position or220
253	252		authority related to that position to retaliate against, discourage, restrain or interfere with221
254	253		any other person for the purpose of preventing such person from acting in good faith to222
255	254		make or pursue a complaint under this article, to assist with or otherwise provide support223
256	255		for such complaint, or to participate in an investigation or proceedings relating to any such224
257	256		complaint.225
258	257		(g) Reporting violations.226
259	258		(1) The board of ethics or any person who witnesses or becomes aware of a violation of227
260	259		this section may complain of the violation as follows:228
261	260		(A) A complaint may be communicated anonymously to the ethics administrator. Such229
262	261		complaint shall be made in good faith and with veracity and sufficient specificity so as230
263	262		S. B. 359
264	263		- 9 - 25 LC 47 3573
265	264		to provide the ethics officer with salient and investigable facts. The ethics
266	265		231
267	266		administrator may require the anonymous complaint to be made in a manner and form232
268	267		that is intended only to obtain relevant facts related to the alleged violation of this233
269	268		section and that is not designed to reveal the identity of the complainant;234
270	269		(A.1) Complaints regarding adverse activities, departmental issues, behaviors, or235
271	270		relations shall be submitted to the county's department of human resources and no236
272	271		further review shall be conducted pursuant to this section, including hearings by the237
273	272		ethics board, officer, or administrator;238
274	273		(B) A sworn written verified complaint may be filed with the ethics administrator as239
275	274		described in this subparagraph. All written complaints to be considered by the board240
276	275		of ethics and the ethics officer shall contain the following, if applicable:241
277	276		(i) The name and address of the person or persons filing the complaint;242
278	277		(ii) The sworn verification and signature of the complainant;243
279	278		(iii) The name and address of the party or parties against whom the complaint is filed244
280	279		and, if such party is a candidate, the office being sought;245
281	280		(iv) A clear and concise statement of facts upon which the complaint is based along246
282	281		with an allegation that such facts constitute one or more violations of law under the247
283	282		jurisdiction of the board of ethics;248
284	283		(v) A general reference to the allegedly violated statutory provisions of the code of249
285	284		ethics within the jurisdiction of the board of ethics; and250
286	285		(vi) Any further information which might support the allegations in the complaint,251
287	286		including, but not limited to, the following:252
288	287		(I) The names and addresses of all other persons who have first-hand knowledge253
289	288		of the facts alleged in the complaint; and254
290	289		(II) Any documentary evidence that supports the facts alleged in the complaint.255
291	290		(2) Upon receipt of a complaint by the ethics administrator, the ethics administrator shall256
292	291		send a written notice to the subject of the complaint, the county manager, the human257
293	292		S. B. 359
294	293		- 10 - 25 LC 47 3573
295	294		resources director, and the risk management director within three business days. Both
296	295		258
297	296		this notice and any subsequent documents shall be subject to Article 4 of Chapter 18 of259
298	297		Title 50 of the O.C.G.A.260
299	298		(3) Upon receipt of a written complaint which does not conform to the applicable261
300	299		requirements of subparagraph (B) of paragraph (1) of this subsection, the ethics262
301	300		administrator shall by letter acknowledge receipt of the complaint and advise the263
302	301		complainant of the defect in the complaint and that the complaint will not be considered264
303	302		by the board of ethics unless the defect is corrected within ten days. A complaint which265
304	303		fails to satisfy the technical requirements of this article following one amendment shall266
305	304		be dismissed.267
306	305		(h) Enactment.268
307	306		(1) This section shall be construed liberally to effectuate its purpose and policies and to269
308	307		supplement such existing laws as may relate to the conduct of officials or employees.270
309	308		(2) The propriety of any official act or action taken by or transaction involving any271
310	309		officials or employees immediately prior to the time this section shall take effect shall not272
311	310		be affected by the enactment of this section.273
312	311		(3) The provisions of this section are severable, and if any of its provisions shall be held274
313	312		unconstitutional or invalid by a court of competent jurisdiction, the decision of the court275
314	313		shall not affect or impair any of the remaining provisions.276
315	314		(i) Board of Ethics.277
316	315		(1)(A) There is created the Board of Ethics of Henry County to be composed of seven278
317	316		citizens of Henry County to be appointed as provided in paragraph (2) of this279
318	317		subsection.280
319	318		(B) Each member of the board of ethics shall have been a resident of Henry County for281
320	319		at least one year immediately preceding the date of taking office and shall remain a282
321	320		resident of the county while serving as a member of the board of ethics.283
322	321		S. B. 359
323	322		- 11 - 25 LC 47 3573
324	323		(C) No person shall serve as a member of the board of ethics if the person has, or has
325	324		284
326	325		had within the immediately preceding one-year period, any interest in any contract,285
327	326		transaction, or official act or action of Henry County, as confirmed by the government286
328	327		of said county.287
329	328		(D) No member of the board of ethics shall be a member of an agency or an official or288
330	329		employee of Henry County or shall have served in such a capacity in the two-year289
331	330		period immediately preceding such person's appointment to the board of ethics.290
332	331		(E) No person shall serve as a member of the board of ethics if the person has been a291
333	332		candidate for, or was elected to, public office in the immediately preceding three-year292
334	333		period. Filing for an elective office shall constitute a resignation from the board of293
335	334		ethics on the date of filing.294
336	335		(F) Appointees to the board of ethics shall have professional knowledge or expertise295
337	336		in matters of ethics, finance, governance, or the law.296
338	337		(G) All proposed appointments to the board of ethics shall be subject to an education297
339	338		and employment background check as well as a criminal history check. Persons298
340	339		proposed to be appointed to the board of ethics shall execute all releases necessary for299
341	340		the appointing authority to accomplish such checks. If the nominee is determined to300
342	341		have committed a felony, the nomination shall be withdrawn.301
343	342		(2)(A) A new board of ethics shall be appointed as provided in this paragraph to take302
344	343		office on January 1, 2026, and to serve for the terms prescribed in this paragraph.303
345	344		(B) Not later than December 1, 2025, the members of the new board of ethics shall be304
346	345		selected as follows, one member shall be appointed by each of the following appointing305
347	346		authorities:306
348	347		(i) The Clerk of the Superior Court of Henry County;307
349	348		(ii) The Judge of the Probate Court of Henry County;308
350	349		(iii) The Sheriff of Henry County;309
351	350		(iv) The Tax Commissioner of Henry County; and 310
352	351		S. B. 359
353	352		- 12 - 25 LC 47 3573
354	353		(v) The Solicitor-General of Henry County.
355	354		311
356	355		(C) In addition to the members appointed as provided in subparagraph (B) of this312
357	356		paragraph, each appointing authority shall appoint one alternate member who shall313
358	357		serve to ensure a quorum when members of the board are absent, have a conflict of314
359	358		interest, or find it necessary to recuse themselves or while a vacancy exists on the315
360	359		board. 316
361	360		(D) The members and alternates shall each serve for terms of three years; provided,317
362	361		however, that the terms of the initial appointees of the Judge of the Probate Court of318
363	362		Henry County and the Solicitor-General of Henry County shall serve until319
364	363		December 31, 2026, and until the appointment and qualification of his or her successor;320
365	364		and the initial appointees of the Sheriff of Henry County shall serve until December 31,321
366	365		2027, and until the appointment and qualification of his or her successor.322
367	366		(E) Successors to all members and alternates of the board of ethics and future323
368	367		successors shall be appointed by the respective appointing authorities not less than 30324
369	368		days prior to the expiration of each such member's term of office, and such successors325
370	369		shall take office on January 1 following such appointment and shall serve terms of three326
371	370		years and until their respective successors are appointed and qualified. No individual327
372	371		shall be appointed to more than two consecutive terms, provided that the initial terms328
373	372		under this Act shall not be counted in such determination.329
374	373		(F) The clerk of the Superior Court of Henry County shall provide administrative330
375	374		assistance to the grand jury regarding the appointment of board members pursuant to331
376	375		this section. Upon a vacancy occurring or the conclusion of the term of a board332
377	376		member appointed pursuant to division (i) of subparagraph (B) of this paragraph, the333
378	377		clerk of the Superior Court of Henry County shall notify the then sitting grand jury of334
379	378		its duty pursuant to this section.335
380	379		(3) If a member of the board of ethics ceases to be a resident of Henry County, and336
381	380		where applicable the commission district he or she represents, that member's position on337
382	381		S. B. 359
383	382		- 13 - 25 LC 47 3573
384	383		the board of ethics, by operation of law, shall become vacant upon the establishment of
385	384		338
386	385		the fact of such nonresidency, if contested, by a court of competent jurisdiction. A339
387	386		vacancy in the board of ethics shall exist by reason of death, the disability or incapacity340
388	387		of a member for more than 90 days, resignation, or loss of residency as described in this341
389	388		paragraph. A member of the board of ethics may be removed from office during a term342
390	389		if the member becomes ineligible to hold civil office within the meaning of Code343
391	390		Section 45-2-1 of the O.C.G.A. and that ineligibility is established by decision of a court344
392	391		of competent jurisdiction which declares the office vacant because of such ineligibility345
393	392		or for good cause by a majority vote of the board of ethics. The ethics officer shall notify346
394	393		the clerk of the Superior Court of Henry County and the tax commissioner of Henry347
395	394		County of a vacancy upon its occurrence, and such vacancy shall be filled for the348
396	395		unexpired term by the respective appointing authority.349
397	396		(4) The members of the board of ethics shall be paid a per diem in the amount of $150.00350
398	397		and shall elect from their own membership a chairperson and otherwise provide for their351
399	398		own internal organization. At the same time, the ethics board shall elect one of its352
400	399		members to act as vice-chairperson for the same term and to act for the chairperson in his353
401	400		absence because of disqualification or vacancy. If the office of chairperson or354
402	401		vice-chairperson is vacated in any manner before the expiration of the term, the ethics355
403	402		board shall elect a temporary successor. It shall elect a permanent chairperson or356
404	403		vice-chairperson only after any vacancy on the ethics board is filled. The board of357
405	404		commissioners shall provide adequate office and meeting space and pay all358
406	405		administrative costs, including those specifically stipulated in this section, pertaining to359
407	406		the operation of the board of ethics. In the event that adequate space is not available, the360
408	407		county shall support the acquisition of suitable space as needed. The board of ethics shall361
409	408		be authorized to employ its own staff and clerical personnel and contract for the services362
410	409		of a competent court reporter, an attorney, and a private investigator as it deems363
411	410		necessary. The members of the board of ethics shall have the authority to propose the364
412	411		S. B. 359
413	412		- 14 - 25 LC 47 3573
414	413		budget of the board and shall recommend the budget to the board of commissioners, who
415	414		365
416	415		shall fund it as a priority. In the event that the proposed budget is in excess366
417	416		of $300,000.00, the board of commissioners shall have the authority to authorize the367
418	417		additional funds requested in accordance with standard budgetary procedures and368
419	418		requirements. The board of ethics shall be completely independent and shall not be369
420	419		subject to control or supervision by the chairperson of the board of commissioners, the370
421	420		board of commissioners, or any other official, employee, or agency of the county371
422	421		government; provided, however, that the board of ethics and its staff shall be bound by372
423	422		county purchasing, procurement budget, travel, and training policies that are generally373
424	423		applicable to county departments and employees. Neither the board of commissioners374
425	424		no any officer or employee shall engage in any conduct designed to interfere with or375
426	425		improperly influence the members of the board of ethics in the performance of their376
427	426		duties under this code of ethics.377
428	427		(5) The board of ethics shall have the following duties:378
429	428		(A) To establish procedures, rules, and regulations governing its internal organization379
430	429		and the conduct of its affairs;380
431	430		(B) To render advisory opinions with respect to the interpretation and application of381
432	431		this section to all officials or employees who seek advice as to whether a particular382
433	432		course of conduct would constitute a violation of the standards imposed in this section383
434	433		or other applicable ethical standards. Such opinions shall be binding on the board of384
435	434		ethics in any subsequent complaint concerning the official or employee who sought the385
436	435		opinion and acted in good faith, unless material facts were omitted or misstated in the386
437	436		request for the advisory opinion;387
438	437		(C) To prescribe forms for the disclosures required in this section and to make388
439	438		available to the public the information disclosed as provided in this section;389
440	439		S. B. 359
441	440		- 15 - 25 LC 47 3573
442	441		(D) To receive and hear complaints of violations of the ethics standards required by
443	442		390
444	443		this section over which it has personal and subject matter jurisdiction, excluding human391
445	444		resources and internal department complaints and grievances;392
446	445		(E) To make such investigations as it deems necessary to determine whether any393
447	446		official or employee has violated or is about to violate any provisions of this section;394
448	447		and395
449	448		(F) To hold such hearings and make such inquiries as it deems necessary for it to carry396
450	449		out properly its functions and powers.397
451	450		(j) Ethics officer.398
452	451		(1) There is hereby created as a full-time salaried position an ethics officer for Henry399
453	452		County. The ethics officer must be an active member of the State Bar of Georgia in good400
454	453		standing with five years' experience in the practice of law. The ethics officer shall be401
455	454		appointed by a majority of the members of the board of ethics. Removal of the ethics402
456	455		officer shall be for cause by a majority vote of the members of the board of ethics. The403
457	456		ethics officer need not be a resident of the county at the time of his or her appointment,404
458	457		but he or she shall reside in Henry County within six months of such appointment and405
459	458		continue to reside therein throughout such appointment.406
460	459		(2) The ethics officer shall not be involved in partisan or nonpartisan political activities407
461	460		or the political affairs of Henry County.408
462	461		(3) The duties of the ethics officer shall include, but not be limited to, the following:409
463	462		(A) Educating and training all county officials and employees annually to have an410
464	463		awareness and understanding of the mandate for and enforcement of ethical conduct411
465	464		and advising them of the provisions of the code of ethics of Henry County;412
466	465		(B) Meeting with the board of ethics;413
467	466		(C) Advising officials and employees regarding disclosure statements and reviewing414
468	467		the same to ensure full and complete financial reporting;415
469	468		S. B. 359
470	469		- 16 - 25 LC 47 3573
471	470		(D) Urging compliance with the code of ethics by calling to the attention of the board
472	471		416
473	472		of ethics any failure to comply or any issues, including the furnishing of false or417
474	473		misleading information, that the ethics officer believes should be investigated by the418
475	474		board of ethics so that the board of ethics may take such action as it deems appropriate;419
476	475		(E) Monitoring, evaluating, and acting upon information obtained from an ethics420
477	476		hotline, which shall be a county telephone number for the receipt of information about421
478	477		ethical violations. Each complaint, as of the time it is reported, whether by telephone422
479	478		or otherwise, shall be deemed to be a separate pending investigation of a complaint423
480	479		against a public officer or employee as provided by Article 4 of Chapter 18 of Title 50424
481	480		of the O.C.G.A.;425
482	481		(F) Reporting, as appropriate, suspected ethical violations to the board of ethics;426
483	482		(G) Reporting, as appropriate, suspected criminal violations to state or federal law427
484	483		enforcement agencies; and428
485	484		(H) Filing with the board of ethics and the board of commissioners on the first Tuesday429
486	485		of each February a written report describing the activities of the ethics officer in430
487	486		carrying out the goals of his or her office and the code of ethics and reporting on the431
488	487		ethical health of Henry County.432
489	488		(k) Ethics administrator.433
490	489		(1) There is hereby created as a full-time salaried position an ethics administrator for434
491	490		Henry County. The ethics administrator shall be selected by the board of ethics and shall435
492	491		serve at the pleasure of the board.436
493	492		(2) The ethics administrator shall not be involved in partisan or nonpartisan political437
494	493		activities or the political affairs of Henry County.438
495	494		(3) The duties of the ethics administrator shall include, but not be limited to, the439
496	495		following:440
497	496		(A) Maintaining the records of the board of ethics as required by Article 4 of441
498	497		Chapter 18 of Title 50 of the O.C.G.A.;442
499	498		S. B. 359
500	499		- 17 - 25 LC 47 3573
501	500		(B) Notifying the subject of a report of any alleged violation of the ethics code,
502	501		443
503	502		whether the report is anonymous, made by an identified individual, or written. Such444
504	503		notice shall be given in writing to the subject of the complaint at the same time and in445
505	504		the same form that any disclosure of information is required by Article 4 of Chapter 18446
506	505		of Title 50 of the O.C.G.A.;447
507	506		(C) Notifying the board of ethics of any report of an alleged violation of the ethics code448
508	507		received by the ethics administrator; and449
509	508		(D) Such other duties as may be assigned by the board of ethics.450
510	509		(l) Investigations and hearings.451
511	510		(1) The board of ethics shall conduct investigations into alleged violations of the code452
512	511		of ethics, hold hearings, and issue decisions as prescribed in this subsection.453
513	512		(2) The proceedings and records of the board of ethics shall be open unless otherwise454
514	513		permitted by state law.455
515	514		(3) Upon request of the board of ethics, the Henry County Solicitor or any attorney456
516	515		representing the office of the Henry County Solicitor, or in the event of a conflict any457
517	516		attorney who shall be selected by a majority vote of the board of ethics, shall advise the458
518	517		board of ethics.459
519	518		(4) Reserved.460
520	519		(5) Upon receipt of the complaint in compliance with this section, the ethics461
521	520		administrator shall bring the complaint before the board of ethics which shall cause the462
522	521		ethics officer to conduct a preliminary investigation to determine whether it meets the463
523	522		jurisdictional requirements as set forth in this section. Upon the conclusion of the464
524	523		preliminary investigation, if the ethics officer finds that the complaint fails to meet the465
525	524		jurisdictional requirements as set forth in this section, the ethics officer may dismiss the466
526	525		complaint no later than 30 days after the complaint is filed. The ethics officer shall report467
527	526		his or her findings regarding the dismissal to the board.468
528	527		S. B. 359
529	528		- 18 - 25 LC 47 3573
530	529		(6) If a complaint is not dismissed for lack of jurisdiction, the ethics officer will report
531	530		469
532	531		his or her findings and recommendation to the board of ethics and advise whether there470
533	532		is probable cause for belief that the code of ethics has been violated, warranting a formal471
534	533		hearing. If the board of ethics determines, after the preliminary investigation of a472
535	534		complaint by the ethics officer, that there does not exist probable cause for belief that this473
536	535		section has been violated, the board of ethics shall so notify the complainant and the474
537	536		subject of the investigation, and the complaint will be dismissed. If the board of ethics475
538	537		determines, after a preliminary investigation of the complaint by the ethics officer, that476
539	538		there does exist probable cause for belief that this section has been violated, the board of477
540	539		ethics shall give notice to the person involved to attend a hearing to determine whether478
541	540		there has been a violation of this section.479
542	541		(7) For use in proceedings under this section, the board of ethics shall have the power to480
543	542		issue subpoenas to compel any person to appear, give sworn testimony, or produce481
544	543		documentary or other evidence. Any person who fails to respond to such subpoenas may482
545	544		be subjected to the penalties set forth in subsection (m) of this section.483
546	545		(8) All hearings of the board of ethics pursuant to this section shall be as follows:484
547	546		(A) All testimony shall be under oath, which shall be administered by a member of the485
548	547		board of ethics. Any person who appears before the board of ethics shall have all of the486
549	548		due process rights, privileges, and responsibilities of a witness appearing before the487
550	549		courts of this state. Any person whose name is mentioned during a proceeding of the488
551	550		board of ethics and who may be adversely affected thereby may appear personally489
552	551		before the board of ethics on such person's own behalf or may file a written sworn490
553	552		statement for incorporation into the record to be made part of all proceedings pursuant491
554	553		to this subsection;492
555	554		(B) The ethics board shall have the right to request the attendance of witnesses and/or493
556	555		the production of documents or other tangible items, upon written request of any party494
557	556		or on its own behalf, so as to facilitate a full hearing and otherwise properly investigate495
558	557		S. B. 359
559	558		- 19 - 25 LC 47 3573
560	559		the complaint. The decision of the board of ethics shall be governed by a
561	560		496
562	561		preponderance of the evidence standard;497
563	562		(C) At the conclusion of proceedings concerning an alleged violation, the board of498
564	563		ethics shall immediately begin deliberations on the evidence and proceed to determine499
565	564		by a majority vote of members present whether there has been a violation of this500
566	565		section. The findings of the board of ethics concerning a violation and the record of the501
567	566		proceedings shall be made public by the ethics officer as soon as practicable after the502
568	567		determination has been made; and503
569	568		(D) Decisions of the board of ethics following a hearing shall be final; provided,504
570	569		however, that such decisions shall be subject to review by the superior court pursuant505
571	570		to Chapter 3 of Title 5 of the O.C.G.A. The ethics administrator shall be authorized to506
572	571		acknowledge service of any such petition and shall certify and cause to be filed with the507
573	572		clerk of the superior court a record of the proceedings before the board of ethics, the508
574	573		decision of the board of ethics, and the notice of final action of the board ethics within509
575	574		the time provided by general law.510
576	575		(9) Any investigation or hearing pursuant to this subsection shall be commenced within511
577	576		two years of the date of the alleged violation; provided, however, that any complaint filed512
578	577		against an elected official within 60 days of an election in which such official is a513
579	578		candidate for public office shall not be acted upon until such election is concluded and514
580	579		certified.515
581	580		(10) The county attorney shall be prohibited from appearing before the board of ethics516
582	581		on behalf of any person.517
583	582		(m) Violations; appeals.518
584	583		(1) Any intentional violation of this section, furnishing of false or misleading519
585	584		information to the board of ethics or the ethics officer, failure to follow an opinion520
586	585		rendered by the board of ethics, or failure to comply with a subpoena issued by the board521
587	586		S. B. 359
588	587		- 20 - 25 LC 47 3573
589	588		of ethics pursuant to this section shall subject the violator to any one or more of the
590	589		522
591	590		following:523
592	591		(A) Administrative sanction of not more than $1,000.00 per violation assessed by the524
593	592		board of ethics, which shall be deposited in the general fund of the county;525
594	593		(B) Public reprimand by the board of ethics; or526
595	594		(C) Prosecution by the Henry County Solicitor in the magistrate court of Henry County527
596	595		and, upon conviction, a fine of up to $1,000.00 per violation and up to six months'528
597	596		imprisonment whether the official or employee is elected or appointed, paid or unpaid.529
598	597		Nothing in this section shall be interpreted to conflict with state law. An action for530
599	598		violation of this section or the furnishing of false or misleading information or the531
600	599		failure to comply with a subpoena issued by the board of ethics must be brought within532
601	600		two years after the violation is discovered.533
602	601		(1.1) With regard to violations by persons who are an official or employee, the board of534
603	602		ethics may recommend to the board of commissioners or the appropriate authority535
604	603		disciplinary action in accordance with the personnel rules and regulations of Henry536
605	604		County.537
606	605		(2) With regard to violations by persons other than officials, contractors, authorities, or538
607	606		employees, in addition to the remedies in paragraph (1) of this subsection, the board of539
608	607		ethics may recommend to the board of commissioners any one or more of the following:540
609	608		(A) Suspension of a contractor; and541
610	609		(B) Disqualification or debarment from contracting or subcontracting with Henry542
611	610		County.543
612	611		(n) Every official and employee shall receive ethics training annually. The ethics office544
613	612		shall be responsible for providing such training. All officials and employees shall545
614	613		acknowledge that the employee understands and shall comply with the applicable546
615	614		provisions of this code.547
616	615		S. B. 359
617	616		- 21 - 25 LC 47 3573
618	617		(o) No member of the board of ethics, or any person acting on behalf of the board of
619	618		548
620	619		ethics, shall be liable to any person for any damages arising out of the enforcement or549
621	620		operation of this ethics code except in the case of willful or wanton conduct. This550
622	621		limitation of liability shall apply to Henry County, the members of the board of ethics, the551
623	622		employees of the board of ethics, and any person acting under the direction of the board552
624	623		of ethics."553
625	624		SECTION 2.554
626	625		Said Act is further amended by revising subsections (b) and (c) of Section 8.2 as follows:555
627	626		"(b) The chairperson shall:556
628	627		(1) Serve as the chief elected officer of the county;557
629	628		(2) Serve as a full voting member of the board of commissioners;558
630	629		(3) Serve as presiding officer over meetings of the board of commissioners and shall set559
631	630		the agenda for all meetings of the board of commissioners;560
632	631		(4)(A) Appoint, subject to majority vote of the board of commissioners, and have the561
633	632		authority to fire, discipline, or suspend the county manager, county clerk, and county562
634	633		employees.563
635	634		(B) In the event that the board of commissioners rejects an appointment made pursuant564
636	635		to subparagraph (A) of this paragraph, the chairperson shall appoint a new officer to565
637	636		serve subject to rejection by the board of commissioners as provided for in566
638	637		paragraph (1) of subsection (a) of this section;567
639	638		(5) Execute documents and instruments on behalf of the county;568
640	639		(6) After consultation with the county manager, submit to the board of commissioners569
641	640		an annual budget for consideration and adoption by the board of commissioners;570
642	641		(7) See that the ordinances, resolutions, and regulations of the board of commissioners571
643	642		and the laws of the state are faithfully executed and enforced;572
644	643		S. B. 359
645	644		- 22 - 25 LC 47 3573
646	645		(8) Coordinate intergovernmental activity between the county and municipalities, other
647	646		573
648	647		counties, other political subdivisions, and state and federal agencies;574
649	648		(9) Either individually or with the other members of the board of commissioners, initiate575
650	649		the assessment of the needs of the county, evaluate county services, and develop the576
651	650		policies of the county;577
652	651		(10) Represent or designate an individual to represent Henry County at ceremonial578
653	652		functions;579
654	653		(11) Have the power to delegate, in writing, administrative duties of the county to the580
655	654		county manager;581
656	655		(12) Approve all expense, reimbursement, or other nonsalary payments to582
657	656		commissioners, provided that if such payment is denied by the chairperson, a majority583
658	657		of the board of commissioners may vote to approve such payment at a regular meeting584
659	658		of the board of commissioners;585
660	659		(13) Unless a specific appointment authority is otherwise provided by state law, appoint586
661	660		a member to any authority, board, or commission established by the board of587
662	661		commissioners; and588
663	662		(14) After consultation with the board of commissioners, approve an annual work plan589
664	663		for the county manager.590
665	664		(c)(1) Except as provided in paragraph (2) of this subsection, the county manager shall591
666	665		have the power to hire, fire, discipline, suspend, or demote any employee of Henry592
667	666		County or delegate such power to one or more nonelected employees. Deputy county593
668	667		managers and department heads may be hired, fired, disciplined, suspended, or demoted594
669	668		by the county manager with the approval of the chairperson. Subject to the approval of595
670	669		the chairperson, the county manager shall have the power to establish and change596
671	670		organizational charts for all county departments.597
672	671		(2) Assistant county clerks may be hired, fired, disciplined, suspended, or demoted by598
673	672		the county clerk."599
674	673		S. B. 359
675	674		- 23 - 25 LC 47 3573
676	675		SECTION 3.
677	676		600
678	677		All laws and parts of laws in conflict with this Act are repealed.601
679	678		S. B. 359
680	679		- 24 -