Loading...
HomeMy Public PortalAbout20060828EABBylaws2006.pdfTybee Island Ethics Advisory Board Bylaws Creation and Purpose A. Pursuant to Charter section 100-3-11 there is hereby created the “Ethics Advisory Board of The City of Tybee Island” which may be herein referred to as “The Board” or elsewhere as “The Ethics Advisory Board”. B. The purpose for creating the Ethics Advisory Board is to provide a facilitative and advisory resource that assists the City Council to author City legislation having to do with ethics. Article I Membership Section 1. Appointment of Members: The Mayor and Council of the City of Tybee Island, Georgia shall appoint members. Section 2. Membership: A. The Ethics Advisory Board shall consist of at least seven but no more than nine members. Such appointments being selected on the basis of their qualifications to serve on such Board; their known and consistent reputation for integrity and high moral character; and their desire to cultivate public trust in the integrity of City government. (1) Each member must meet Individual Member Qualification as stated below: (2) To the extent possible Board membership is to reflect the City’s diversity and The Board is to be composed so that no person, organized interest group, political bias, business entity or other organization may exercise undue influence or representation of The Board. (3) The Board should include members who can bring the valuable perspective and insight of the Planning Commission and the Audit Committee. To that end, one individual serving on the Planning Commission and one serving on the Audit Committee are to have membership on The Board. If for some reason the individual appointed is no longer serving as a Planning Commission member or an Audit Committee member then another serving member will need to be appointed. Neither of these is to serve as an officer of The Board. No other member of The Board is to hold membership on another City board. (4) It is the responsibility of any appointed or prospective Board member to disclose interests, business relationships or other memberships that may interfere with impartial participation in Board work and activity. B. Individual Member Qualification: (1) When appointed, a person must not cause The Board to be in violation of provisions of collective requirements stated above. (2) When appointed and while serving as a member of The Board, a person must: (a) Reside in the City and have been a resident for at least one year; and (b) Be registered to vote in City elections; and (c) Have good moral character; and (d) Have knowledge or interest in local government affairs and in the disciplines related to The Board’s functions and duties; and (e) Be willing to discharge the duties of Board membership. (3) When appointed and while serving as a member of The Board a person may not be or become: (a) A city employee: or (b) A person convicted of a felony or crime of moral turpitude; or (4) When appointed and while serving as a member of The Board a person may not be or become: (a) A member of the City Council; or (b) An employee of any law enforcement agency having jurisdiction within the City; or (c) A close relative of or share a household with an employee of the city, a member of the City Council, or another member of The Board. C. Ex Officio Participation: Two or fewer persons desiring to serve on The Board who are not eligible to be member because of the stipulations above may, upon appointment by city council, serve as non- voting participants in Board meetings and activities. Section 3. Period of Appointment: Members are to be appointed for staggered three year terms except for the first Ethics Advisory Board for which the following model will be adopted: (a) The Chair, designated by City Council, is to be appointed for a one year term; and (b) One half of the remaining members are to be appointed for two year terms; and (c) One half of the remaining members are to be appointed for three year terms. (d) The Planning Commission and the Audit Committee shall have on-going representation on the Board. Article II Meetings of the Members Section 1. Location of Meetings: All meetings of members shall be held a minimum of quarterly at a place within Tybee Island, Georgia as may be from time to time fixed by the Chair and shall be stated in the notice of the meeting posted at Tybee Island City Hall. All meetings shall comply with the Georgia Open Meetings Act. Section 2. Annual Meeting: Annual meetings of the members shall be held at the May meeting. At each such meeting, the members shall, by a majority vote, elect officers. Section 3. Special Meetings: The Chair, the Mayor, City Manager, or three of the members may call special meetings of members for any purpose. Section 4. Notice of Meetings: Written notice of all meetings stating the place, day and hour, and in the case of special meetings, the purpose for which the meeting is called, shall be delivered not less than seven (7) or more than thirty (30) days before the date of the meeting and shall be posted at Tybee City Hall. Section 5. Business of Meetings: The business of the meeting shall be so stated in a meeting agenda. Members shall have an opportunity to modify the agenda by making a request to the chair at the opening of the meeting. Section 6. Quorum: A quorum shall constitute no less than four of the voting membership. The Secretary shall call the role to confirm the presence of a quorum as a regular part of the agenda. Section 7. Majority: If a quorum is present, the affirmative vote of a majority of the members entitled to vote and represented at the meetings shall be the act of the members. Section 8. Voting: The Ethics Advisory Board shall conduct meetings by Robert’s Rules of Order. A simple majority shall prevail except in the cases of by-laws amendments and removal. Article III Officers Section 1. Officers: The officers of the Ethics Advisory Board shall consist of a Chair, Vice–chair and Secretary. Officers shall be elected for a one-year term at the Annual Meeting and shall hold office until their respective successors have been elected. Section 2. Additional Officers and Agents: The Ethics Advisory Board may appoint other such officers, as it shall deem necessary. Such officers and agents shall hold their respective offices and perform such duties as shall be determined from time to time by the membership. Section 3. Salaries and Expenses: The officers shall receive no compensation. Should an officer(s) of the Ethics Advisory Board be called upon by the City of Tybee Island to represent the Board at a conference, meeting, or other official occasion, the officer shall be reimbursed for expenses as defined in the City’s personnel policy. Section 4. Removal/Vacancies: Any officer or agent appointed by the City of Tybee Island may be removed at any time by two- thirds affirmative vote of those present. The Tybee Island Mayor and Council shall fill any vacancy by removal or resignation for the remainder of the term. A member who fails to attend two (2) consecutive regular meetings or four (4) meetings of the Ethics Advisory Board in a one (1) year period without notice to the Chair or Secretary shall either resign or become subject to a recommendation to Mayor and Council for dismissal from the Committee. The Chair, with the concurrence of four (4) members may recommend to the Mayor and Council that the vacancy is declared and that the vacant position is filled by appointment. Section 5. Chair: The Chair shall be the chief executive officer of the Ethics Advisory Board and shall preside at all meetings of the members, shall have general and active management of the business of the Board, and shall see that all orders and resolutions of the Board are carried into effect. He/she shall be the liaison to the Tybee Island elected officials, the City Manager and represent the Island at-large. Section 6 Vice- Chair: The Vice-Chair, in the absence or disability of the Chair, shall perform the duties and exercise the powers of the Chair. Section 7. Secretary: The Secretary will assist the city administrative employee who serves as the recording and filing clerk for the Ethics Advisory Board. Article IV Section 1. Duties and Responsibilities: (1) Within nine months of the enactment of this ordinance, the Ethics Advisory Board is to present to Council a draft of comprehensive ethics legislation to replace the existing Code of Ethics. (2) Within one year from enactment of this Ordinance, The Board is to submit to city council for its approval and promulgation, an ethics handbook. Each Employee, Appointed Official and Elected Official is to receive a copy of the handbook. The handbook is to be available to the public. (3) The Board is to discharge other duties and responsibilities defined by legislation or direction of City Council. (4) The Ethics Advisory Board is to author and adopt (and modify as necessary) its own bylaws, rules, regulations and procedures that ensure orderly, timely and impartial discharge of its duties. These bylaws and other resources must be consistent with the Charter, Ordinances of the City, and other applicable law, and they must be filed with the Clerk of Council and made available as public records. (5) The Board is to make regular reports to City Council as to its activities. Section 2: Limitations: (1) The Ethics Advisory Board is to be an advisory body with quasi-legislative authority. (2) A member of The Board must disqualify himself or herself from participation, as a board member, in any matter considered by The Board in which he or she has a conflict of interests. (3) Members of The Board must not individually or collectively interfere with the performance of duties by City staff. Section 3: Administration and Support: (1) The Ethics Advisory Board is to elect one of its members as chair, one member as vice-chair, and one member as secretary (except, the City Council will appoint the chair of the initial board). (2) The City Attorney is to serve as The Board’s legal advisor. (3) The Ethics Advisory Board will be provided sufficient meeting space and other reasonable supportive services to carry out its duties. (4) The City Manager is to designate an administrative employee who is to serve as the recording and filing clerk for the Ethics Advisory Board and who will be authorized to receive submissions to Ethics Advisory Board. Articles V General Provisions Section 1. Conflict of Interest: Members, or their families, who have a personal financial interest in any of the action items under consideration by the Ethic Advisory Board shall excuse themselves from discussion of the issue and shall abstain from voting on any personal financial issue. Section 2. Political Candidacy: (1) If a member becomes a candidate for any publicly elected office after appointment to The Board, that member shall become a completely inactive Board member until the winner(s) of the election take office. (2) If the member is elected, the member shall resign from The Board. (3) If the member is not elected, he or she may resume active Board membership provided he or she is still otherwise qualified. (4) Members placed on inactive member status shall not exploit or use Board membership for political reasons. Section 3: Liaisons with City Council and City Staff: The Mayor is to appoint one of the other six city council members to serve as a non-voting liaison between The Board and city council. The City Manager is to appoint self or a direct subordinate to serve as liaison between The Board and the employee population. Section 4. By-Law Amendments: These by-laws may be altered, amended or repealed or new by-laws may be adopted by an affirmative vote of two-third of the members of the Ethics Advisory Board after 30 days written notice of the meeting and notice stating the changes to the members. The changes shall also be filed with the Clerk of Council. Approved: Chair Secretary Date: August 28, 2006