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