HomeMy Public PortalAbout20070122EABMinutes.pdfEthics Advisory Board Minutes
January 22, 2007
Members Present: Randi Bryan, Fretwell Crider, Linda Gladin, Roma Harper, Sue Off, and Carolyn
Smith
Ex-Officos Present: Janice Elliott, Bubba Hughes
Members Absent: Charlie Brewer, Anne Miller
Linda Gladin called the meeting to order and called roll.
Randi motioned to approve the November and January 8th minutes. Roma seconded the motion.
Minutes were approved. Next scheduled meeting is for Monday, February 26th.
Article 4
Section 5 – 11 Final Draft Sections of Article 4 were presented by Sue.
In Section 5 (b) in the last sentence nominated will be replaced with appointment and in section 7 the
attorney will be appointed by the Ethics Commission. Fretwell brought up the fact that Ethics
Commission should be capitalized through out the document. Sue will make the necessary changes and
corrections and will submit a clean copy of it at the next meeting. Section 12-13 and possibly 14 will be
completed by the Article 4 team at the next meet ing. Linda asked if those sections were completed by
the next meeting to please copy her so that she can email them to all members on the committee for
their recommendations or approval. Sue was concerned about the word immediately in the draft section
12. Should there be a definition of immediately or should it have a timed section? There was discussion
and it was suggested that immediately be removed and that as soon as possible, but within 5 business
days be added.
Hand Book
Linda stated that this code it not going to be hard to read. It was discussed that the handbook be
written after the ordinance has been completed. Linda asked the committee to think about it. Fretwell
stated that the code itself is a handbook and tells exactly what to do.
Article 2
Article 2, “Delcaration of Policy,” has been assembled more or less. Linda did remove the Fitness to be a
Public Servant from Section 3 because it is more policy than violation and placed it in Article 2.
Linda stated we have Article 1, Article 2, Article 3, Article 4 and she proposed an Article 5 has the
definitions and commentary. Bubba stated that usually you have the Declaration and then the second
section is ordinarily the definitions not necessarily the second numbered section. Linda is hoping that
most of the words not require a definition. Linda did not want the definitions to be the first thing that
people read. She asked that the committee think about this before the next meeting.
Discussion on Revisions
Fretwell had a problem with the word transparency in Article 1 in line 4. He feels that transparency has a
bad connotation. He stated that transparency meant to see through something. Linda stated that is
exactly what city government is supposed to be. Fretwell stated that we shou ld be conveying openness
which is above board or honest. Transparent is a very common word in ethics code. Lind a stated that
she would look for a synonym or optional wording. Bubba stated that he understood Fretwell’s point, but
he thinks the use of transparency or transparent in the context of ethic’s ordinances is to have the
openness requirements such there is no opportunity for hidden motives. Linda asked for suggestions on
the best way to go about saying that and we will pick the best of them.
Personnel Actions Section
There has been revision to the Personnel Actions Section because of the new Nepotism Ordinance that
was just passed. Linda took out of the Personnel Actions anything that was redundant concerning the
Nepotism Ordinance. Linda read the changes of this section from lines 8 to 14. Bubba stated that this
section only encourages the public’s trust. There was discussion on the inconsistency on the Council
confirming the top level of appointments by the City Manager but not confirming the discharge of a top
level appointment by the City Manager. Bubba stated that the reason they don’t because Council is not
in the personnel business with respect to discipline and discharge etc. Linda will send the Charter part of
this. Bubba stated that the point on this issue is making the public aware who is being hired, promoted or
transferred to a better position by the City Manager. Linda asked if we would reread the Personnel
Actions section and make comments at the next meeting. Linda is sending out a copy of the new
Nepotism Ordinance to all committee members.
Due Process and Rezoning
Due Process is replacing “Exparte Communications.” Paul commented that there is a Georgia State Code
Section that applies only to rezoning and it has to do with disclosure by an applicant. There is a section of
the Tybee Code that discloses the same type of thing, but it is very poorly worded. Linda ’s thought is
that if an applicant does not disclose himself/herself what he/she is legally bound to then the recipient of
the contribution should be held accountable for the disclosure. Linda would like to adopt the Georgia
Code and make it apply to more specific forms of other Land Development Code sections. Bubba stated
that it should. He state that Paul is referring to the conflict of interests in the zoning act and zoning
action. It has a definition of what a zoning decision is – map amendments, special use permits. Linda
stated that it applied to more of a broad impact than more specific. Sue asked if a person fails to
disclose a contribution on a signed application should that application be considered null and void. Bubba
stated that he was unsure of the legal consequences of not discloses it on the application is to what the
ultimate zoning decision is made, but he agreed that the burden for making the disclosure known should
be required of the elected official. Sue stated because the elected official is bound by the ethics code.
Sue asked if the City Officials were aware of the contributions made to them and would they actually
have a list at the meeting. Linda stated that the Georgia State Election Code has very strict rules. Bubba
stated that it would not be hard for the elected officials to have their disclosure forms with them. Bubba
stated that the hard part is the law also applies to the people appearing in opposition.
Since Due Process is so technical, Paul, Linda and Bubba to meet concerning this. Anyone may attend
this meeting. Linda will establish a meeting date and let the committee know the date. After the
meeting Linda will revise these sections and reissue to the EAB for comment and approval.
Conflict of Interest
Linda could not get a good definition on conflict of interest. Linda suggested instead of using conflict of
interest use conflicting interests. You cannot have one of these things unless you have at least two
interests - public interest, city interest, and private interest. She asked the committee to think about that
use.
Carolyn moved that the meeting be adjourned. Fretwell seconded. Meeting Adjourned