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HomeMy Public PortalAbout20070226EABMinutes.pdfEthics Advisory Board Minutes February 26, 2007 Members Present: Randi Bryan, Fretwell Crider, Linda Gladin, Roma Harper, Anne Miller, Sue Off, and Carolyn Smith Ex-Officos Present: Janice Elliott Members Absent: Charlie Brewer Linda Gladin called the meeting to order and called roll. Sue motioned to approve the January 22nd minutes. Roma seconded the motion. Minutes were approved. Next scheduled meeting is for Monday, March 26th. Discussion on Ethics Handbook was initiated by Anne. It was discussed at the last meeting that the handbook be written after the ordinance had been completed. The ordinance (code) explains in itself exactly what to do. Linda stated that we will use the Georgia State Code of Ethics as the oath of office and possibly a handbook until we find out issues where specific guidance and interpretation are needed. We will engage Bubba and Paul in this discussion next meeting. Article 4 Sections 1-11 - Approved Article 4, Section 1-11 has been approved with minor adjustments suggested by Bubba. Sue went over the adjustments to these sections. - Section 3, #5 Section 2.07 was changed to 2.09 - Statement of qualifications document for an Ethics Commission member to sign prior to serving on the committee was created for Section 3. - Section 5, (c) by the chairman or by a majority vote was changed to by the chairperson or by a majority - Section 7, attorney appointed by the Ethics Commission changed to attorney appointed by the Ethics Commission with confirmation by City Council - Section 9, No member of the Ethics Commission changed to To the fullest extent permitted by law, no member of the Ethics Commission. - Section 9, in the case of willful or wanton conduct changed to in the case of willful or wanton misconduct Bubba stated that we should look very closely at the Fitness to Serve in Section 3 #5. Article 4 Sections 12 -13 – Final Draft The last two sections deal with complaints and the procedure involved when a complaint is filed. (See attached document.) Section 13 A – Judicial review – Bubba will need input on this. Sue will contact Bubba for his expertise. There was a question on what is a “qualified” person in Section 12. There was discussion and Linda stated that this article should address the definition of a qualified person. It was also discussed if a complaint came via certified mail, how the Clerk of Council was going to verify that this person is qualified. Sue will check Cobb’s section 2-4-1 for a definition. The team will meet and look at this section again. There was also a question on the meaning of “to take such action” in Section 10, 4. Sue will ask Bubba to look at this section too. Sue stated that the Commission will write it’s own by-laws. They will only use this as a guide for their by- laws. Definitions and the Code of Ethics and Compliance Draft Discussion on the definitions – see attachment. Household Member – Sue questioned “who is not a servant” and possibly replace it with “who is not an employee.” Linda will look at this. Direct Financial Interest - Fretwell asked about a volunteer that has no financial interest, but has a close association. It seems that the volunteer should be covered. Fretwell gave the example of himself being an associate pastor. He does this voluntarily. Linda stated that “or minister” should probably be added to the Substantial Personal Interest definition under “An organization of which the person or his or her household member is an officer, director or founding member.” Conflicting Interest – Remove “If a public servant…” at the beginning of the definition and start with “A public servant…..” Fretwell went over several errors and questions that he had in the document: Page 9 line 16 – “Ordinance” to be replaced with “Code.” This needs to be consistent throughout the document. Page 10 line 6 – Perform their duties efficiently and faithfully – seems that this should be in a job description rather than refer to ethical activity. There was discussion. Linda will look at this. Page 10 line 45 – replace “User the Power…” with “Use the Power…” Page 10 line 39 – Questioned the “Certified City of Ethics Principles.” It was explained that the City of Tybee was a Certified City of Ethics by GMA standards which were listed in this section. Page 12 line 15-16 – This sentence can be split to read: There are in place effective progressive discipline for purposes of imposing fair penalties. There are in place counseling programs designed and implemented for the purposes of encouraging conduct. Page 15 line 15 – “It a violation of…” to read “It is a violation of…” Page 17 line 24 – “each of 3 business owned…” to read “each of 3 businesses owned…” Page 17 line 25 – “owing the business…” to read “owning the business…” Page 22 lines 23-24 – This sentence should read: The disclosure expires on the day a final and concluding decision is reached of the matter or 60 day after the date the disclosure was submitted, which ever is earlier. Page 22 line 29 – “If recusal is not required, a member will make oral disclosure before any prior…” to read “If recusal is not required, a member will make oral disclosure prior….” Fretwell asked Linda to look at the relationship of page 25 to 17. Fretwell felt that Article 3 and Article 4 were written in two different forms. Article 3 explains what the person must do and Article 4 explains what the code does. Linda stated that this is what it is suppose to do. The document will be edited for style (format) not wording. Sue feels that this code is still wordy. Roma stated it will need to be wordy to cover everything. Sue gave an example page 14 line 8 – 9. This can be written in simpler wording. Linda said to write it down and send it to her. Before any changes are made Linda will summarize the comments that she has received and return them back to the committee. Roma motioned for the meeting to adjourn. Ann seconded. Meeting Adjourned.