HomeMy Public PortalAbout20070108EABMinutes.pdfEthics Advisory Board
January 8, 2007
Members Present: Randi Bryan, Linda Gladin, Roma Harper, Anne Miller, Sue Off
Ex-Officos Present: Janice Elliott, Paul Wolff
Members Absent: Charlie Brewer, Fretwell Crider, Lynn Hamilton, Carolyn Smith
Linda Gladin called the meeting to order and called roll.
Lynn Hamilton has submitted her resignation from the Board due to a conflict.
The approval of the minutes was postponed until the next meeting.
Due to the delay in the new website being accessible and near completion of the draft ethics
ordinance, it would not benefit us to use the site at this time. Janice will keep the board updated
on the new website débute and if it can be used by the board.
Linda will get the Council a complete package of what the board has worked on up to this point.
Linda would like to recommend that the name Ethics Advisory Board be renamed in the draft
ordinance as the Ethics Advisory Commission.
Charlie will be meeting with a team to work on the Ethics handbook. Linda will send Paul a link
so that he can see example of an Ethics Handbook from another city.
Article 3 Sections (See #7 on the agenda topics)
On the agenda under topic 7 (Article 3 sections) – 1 thru 14 of this section has either be
completed or a draft copy written. The two biggest sections left to do are: #15 Gifts and #16
Conflict of Interest. Linda has a first draft of the Conflict of Interest ready for review next week.
Bubba is still working on Gifts, but first draft should be ready for review in approximately 10+
days. #17 Incompatible Employment can be lifted out of the Cobb County with minor revisions.
Linda is still researching #18 Representation of Private Interest. Paul felt that #18 could be
incorporated into the Conflict of Interest part. Section #19 Political Campaign should reference
the GA Law and Linda will handle that. #20 Disciplinary Action – This section may be addressed
in Sue’s section or have Bubba review it. #21 Definition Section will come from terms in the foot
noted area of all the documents written. #22 Improper Compensation is covered under the
summary of the Georgia laws on extortion and bribery. #23 Doing Business with the City has
been eliminated due to the fact that this has been added to the Finance policies. Lin da would
like to reference this in the Georgia Law summary and that it is city policy. #24 Improper
Influence is covered in the Improper use of Position.
Article 4 – Sue Off
Sue reported that the team has met several time. They used the Cobb Code as th e basis making
changes when necessary. Article 4 establishes the Ethics membership Board. They have
recommended a 7 member board, 6 members appointed by City Council and 1 member to be
appointed by the City Manager and must be a city employee. There wil l be a two year term of
office, but the first year board – 3 members will be appointed for a 1 year term and 3 members
appointed for 2 year term after the first year every member that is appointed is a 2 year term. If
vacancy should occur the remaining board members are to choose an alternate member by
majority vote to temporarily serve until the position is permanently filled as provided by the code.
All members of the Board of Ethics shall be approved by the City Council. Linda suggested that
the name should be Ethics Advisory Commission instead of Board. There was discussion on
whether the word Advisory needed to be added because the Planning Commission is an advisory
board also. It was suggested that it should be the Ethics Commission. Sue stated t hat she
would take recommendation to her team. Section 3 of this Article is the qualification of member.
The team recommended that each member should be a resident of Tybee Island, registered to
vote, do not hold or a candidate to hold an elected or appointed office, has strong moral
character, displays good citizen, and meets the requirements set forth in Article 3 Section 1
(Fitness to Serve). Prior to Council approval each appointee must sign a statement that he or
she meets the qualifications kept by the City Attorney. It was suggested that the Clerk of Council
was the official record keeper and should keep the signed statements instead of the City
Attorney. Paul asked if the duration of residency was established. He mentioned that to serve
on council one must be a resident for 1 year and 1 day. Linda will footnote this suggestion. Sue
will take this suggestion to the team for their input. Section 4 dealt with removal of member. A
board member could be removed for neglect of duty, misconduct, e tc. Linda asked about
missing x number of meetings. Sue stated that this was covered under neglect of duty. Before a
member is removed, the city council is give the member written notice of their intent and the
member has the opportunity to reply.
Sue stated that they will be meeting next week and will continue to work on the next 6 sections
of the article – organization, how the chairperson is elected, staffing and expenses, city provide a
meeting place, etc. The part concerning the representation of an attorney appointed by City
Council was left in the article because the City Attorney cannot represent the Ethics Commission
since he represents council. Ideally the council could appoint an attorney to the commission.
The commission would not need an attorney unless there is a case where the commission needs
to have legal advice and it cannot be the City Attorney. Then it would be the responsibility of the
council to appoint an attorney and to pay the services of that attorney.
Sue will have a final draft for everyone at the next meeting on Monday, January 22 nd. Sue stated
that the ordinance did not reference an Ethics Hotline, but that the ordinance is written in
general enough terms that if that is being used it flows right in, and if it is not then the other
mechanism is in place.
Roma motioned the meeting to adjourn. Sue seconded. Motion approved. Meeting adjourned.