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