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Ethics Commission Minutes
September 27, 2010
Members Present: Danny Hill, Kathy Jackson, Stephen Palmer, David Postle and Frances Kay Strickland
Members Absent: Ross Howard and Tyler Marion
Ex-Officios Present: Bubba Hughes, City Attorney, Janice Elliott, Recording Clerk
Invited Guests:
Roll:
Danny Hill called the meeting to order. Roll was taken.
Minutes:
David Postle motioned for the minutes of the June 15, 2010 meeting be approved. Frances Kay Strickland
seconded. Minutes were approved unanimously.
Discuss Chairman Hill’s address to Mayor and Council on June 24, 2010 concerning request for Text
amendment to Ordinance 21-2008:
Mr. Hill read the letter presented to the Mayor and Council on June 24, 2010 (see attached letter). The request
addressed a section in the Ethics Ordinance (Article B Section 4-4) that states “Council may remove a member
at anytime at will with or without cause.” The Ethics Commission at that time requested that the Council
amend that section to state “Council may remove a member at anytime for cause.” This will be discussed under
New Business due City Attorney’s letter regarding the draft for this change.
According to an email from the Clerk of Council to the Janice Elliott, Recording Clerk for the Ethics
Commission, $4,300 in line item 100-1110-52-3500 is for Ethics training. It was discussed that training would
not occur until after the next Ethics Commission Installation in February 2011. All those that could be effective
by a complaint should attend the training – Ethics Commission, Mayor, Council, Planning Commission etc. At
the next meeting, the Ethics Commission will draft a letter to the Mayor and Council asking for training in the
early spring. Janice Elliott will check with Gordon Maner or Walt McBride at the University of Georgia Carl
Vinson Institute to see if they would be willing to review our ethics ordinance and host a training session.
New Business
Discuss Letter from City Attorney regarding Ethics Ordinance:
A letter from the City Attorney to Chairman Danny Hill regarding Ethics Ordinance was discussed (see attached
letter). A draft of a purposed ordinance amendment which basically defines cause was submitted to Ethics
Commission. It reads as follows:
Removal of members of the Ethics Commission other than by resignation shall be for
cause as determined by the Mayor and Council following a Public Hearing. As used
herein, “cause” shall include but not be limited to, failure to attend meetings of the Ethics
Commission on a regular basis; when there is a recommendation from the Ethics
Commission for conduct allegedly reasonably calculated to result in the Ethics
Commission, the City or the City Council being held up to disrepute; while a member
conviction of a crime which is a felony or misdemeanor involving moral turpitude or
dishonesty, or conviction of an ordinance violation involving moral turpitude or
dishonesty; a lack of qualification as determined by the Ethics Commission and/or the
Mayor and Council; and conduct or circumstances determined by the Mayor an Council
to justify removal in the best interest of the City. There is no property right in an
appointment and the existence of cause as grounds for removal is not to be considered as
creating any property right in the appointed position, nor is the existence of any hearings
or procedures to be deemed or considered as creating any property right.
The City Attorney explained why the last sentence concerning “no property right” was inserted. This is to
protect the City from being sued from someone contending that they were lawfully removed from their position.
Several changes were suggested. See above draft, changes are in red.
Stephen Palmer made a motion to accept the draft copy of the Ethic’s Ordinance with the changes as the
description submission for request for a change of the Ethics Ordinance 21-2008 to the Mayor and Council.
David Postle seconded. Vote was unanimous.
Next Meeting scheduled for December 13, 2010, at 5:00 pm in the City Hall Auditorium.
Adjournment:
Frances Kay Strickland motioned to adjourn. Kathy Jackson seconded. Motion carried. Meeting adjourned.
10/11/2010je
Approved: 12/14/2010