HomeMy Public PortalAbout20110728Ethics Ordinance Revised by Council .pdfSee. 23-1. Definitions.
[The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:]
City official shall be any person who is an elected official of the City of Tybee Island and
any one appointed by the mayor and council of the city to any board, commission, authority, or
position of the city.
Government or city shall be construed to mean the City of Tybee Island, Georgia
government.
Immediate family shall apply to blood or marital relationships of the city official, including
a city official's spouse, children, parents and siblings and shall further include any member of an
official's household.
(Ord. of 12-11-2008(4))
Sec. 23-2. Acceptance of gifts.
With exception of campaign contributions which shall be reported in accordance with
Georgia Laws, no city official shall solicit or accept directly or indirectly anything of value from
any person, corporation, or group which has, or is seeking:
(1) To obtain, contractual or other business or financial relationships with the City Uf
Tybee Island;
(2) Where in exchange for the thing of value one seeks to have a city official exercise a
matter of discretion in his or her favor; or
(3) Where in exchange for the thing of value one seeks to have or has interests which
may be affected by the performance or nonperformance of the official duty of the city official,
accomplished, defeated, deferred or otherwise acted upon.
(Ord. of 12-11-2008(4))
Sec. 23-3. Intent.
It is the intent of this section that city officials avoid any action whether or not specifically
prohibited by section 23-2 which might result in, or create the appearance of, the following:
(1) Using public office for private gain;
(2) Impeding government efficiency or economy; or
(3) Affecting adversely the confidence of the public in the integrity of the government; or
(4) Purposefully or intentionally violating laws involving moral turpitude as defined by
Georgia law.
(Ord. of 12-11-2008(4))
Sec. 23-4. Financial interests of members.
City officials may not:
(1) Have direct or indirect financial interests that conflict substantially with their
responsibilities and duties as government servants; or
(2) Engage in, directly or indirectly, financial transactions as a result of, or primarily
relying upon, information obtained from their office. Aside from these restrictions, city officials
-?re free to engage in lawful financial transactions to the same extent as private citizens.
(Ord. of 12-11-2008(4))
Sec. 23-5. Use of public property.
A city official shall not use city government property of any kind for other than officially
approved activities, nor direct employees to use such property for the personal purposes of
such official.
(Ord. of 12-11-2008(4))
See. 23-6. Use of confidential information.
A city official shall not directly or indirectly, make use of, or permit others to make use of,
for the purpose of furthering a private interest, official information not made available to tht
general public.
(Ord. of 12-11-2008(4))
Sec. 23-7. Coercion by city official.
A city official shall not use his or her position in any way to coerce, or give the
appearance of coercing, another person to provide any financial benefit to him or her or persons
within his or her immediate famor those with whom an official has business or financial ties.
(Ord. of 12-11-2008(4))
Sec. 23-8. Voting in matters of personal interest.
A city official shall not participate in any matter and shall recuse him/herself on ar
ordinance or amendment in a meeting that would directly affect his or her private business,
business interests, property; nor such interests of his or her immediate family,
(Ord. of 12-11-2008(4))
Sec. 23-9. Unauthorized purchases.
A city official shall not order any goods and services for the City of Tybee Island, nor
obligate the city funds for any payment, without prior official authorization for such an
expenditure.
(Ord. of 12-11-2008(4))
Sec. 23-10. Meetings of the council.
Meetings of the council shall be conducted in accordance with O.C.G.A., Tit. 50, Ch. 14,
,T,s amended, and O.C.G.A. § 36-80-1, as amended, as it applies to municipalities.
(Ord. of 12-11-2008(4)) —
Sec. 23-11. City attorneys used for private business.
A city official shall not use the attorney or attorneys who are under retainer by the City of
Tybee Island for personal or private business without paying just compensation.
(Ord. of 12-11-2008(4))
Sec. 23-12. Unauthorized use of public employees.
A city official shall not use his or her superior position to request or require an employee
to:
(1) Do clerical work on behalf of his or her family, business, social, church or fraternal
interests;
(2) Purchase goods and services to be used for personal, business, or political
purposes;
(3) Work for him or her personally without offering just compensation; and/or
(4) Perform work allegedly for the benefit of the city without prior official authorization.
(Ord. of 12-11-2008(4))
Sec. 23-13. Travel expenses.
A 6ty official shall not draw per them or expense monies from the City of Tybee Island to
attend a seminar, convention, or conference and then fail to attend the seminar, convention, or
conference without refunding the pro -rata unused per them or expense monies of the city. This
not to include cancellation fee(s) for good cause.
(Ord. of 12-11-2008(4))
See. 23-14, Presumption.
In reference to acts or omissions on which the city attorney has given an opinion, an
official acting consistently with the opinion shall be presumed to be acting in accordance with
the obligations imposed under the ethics ordinance and not in violation thereof, however the
final determination as to whether or not a violation has occurred is to be determined by the
ethics commission and/or city council as otherwise provided -
(Ord. of 12-11-2008(4))
Sec. 23-15. Penalties.
The code of ethics to be observed by city officials are set forth herein, and any violation
thereof, shall subject the offender to disciplinary action which may include censure and either
public or private reprimand. Power to administer a greater punishment shall include power to
administer the lesser. Further, in cases involving intentional acts, the general penalties of the
Code of Tybee Island may be used as disciplinary action for violations of the code of ethics.
(Ord. of 12-11-2008(4))
Secs. 23-16--23-30. Reserved.
Sec. 23-31. Creation and composition.
(a) There is hereby created the ethics commission, an agency of the City of Tybee
Island. By creating the commission, council intends to:
(1) Enhance the public's confidence in the integrity of city government and
management; and
(2) Provide a facilitative and advisory resource that assists the city council, the,
city manager and others to leverage, implement, administer and enforce this code.
(b) The commission is to be composed of seven. Members of the commission are to be
appointed by city council as set forth in this chapter.
(c) As used within this chapter, "commission" means "the ethics commission" or any
subset of the ethics commission acting on behalf of the whole commission.
(Ord. of 12-11-2008(4))
Sec. 23-32. Duties and powers.
(a) The ethics commission has the duty and authority to:
(1) Establish (and amend as needed) bylaws, policies and procedures consistent
with this Code that govern internal organization and conduct of"commission affairs;
(2) Schedule and hold commission meetings as needed to discharge duties;
(3) Receive and consider complaints that this code was violated;
(4) Interpret this code as it applies to complaints of violation and other issues in
order to reach opinions as to whether certain actions, behaviors, or conduct constitute violation
of this code;
(5) Formally present or deliver the commission's opinions to council;
(6) Make proposals or recommendations to the city council for the adoption of
any revisions or amendments to this ethics code;
(7) Publish opinions and other documents related to this code;
(8) Engage in training activities;
(9) Issue advisory opinions as provided in this chapter;
(10) Initiate any investigation orperform any other function determined by the
commission to be essential to fulfilling its purpose or discharging duties established within this
code.
(b) Members of the commission are subject to this code. Each has special responsibility
to identify and acknowledge any conflict of interest in commission matters and abide by the rules
of recusal when he/she has a conflict of interest in a pending commission decision.
(Ord. of 12-11-2008(4))
See. 23-33. Member qualifications.
(a) Upon appointment to the commission, a person must have resided in the city for at
least one year, be registered to vote in city elections and have signed a statement of qualification.
(b) For the duration of service on the commission a member must:
(1) Reside in the City of Tybee Island; and
(2) Be registered to vote in city elections; and
(3) Not hold any other elected office or become a candidate for elected office of
the United States, this state, this county, or the city;
(4) Not be a city employee;
(5) Exhibit strong moral character and good citizenship;
(c) Statement of qualification:
TABLE SET:
STATEMENT OF QUALIFICATION: 1, have interest in serving on
the Tybee Island Ethics Commission. I meet the qualifications set forth in the Ethics Code.
I have resided in the City of Tybee Island for at least one year.
1 am registered to vote in City elections.
I do not hold elected City office.
I am not a candidate for elected office of the United States, this state, this county, or this
City
Signed Date_
(d) Statements of qualification are to be retained by the clerk of council as official city
records.
k1e) Asa member of a city agency having semi -judicial function, a person is to take an
oath of office before each term of service as a commission member. The mayor is to administer
the oath. A written representation of the oath is to be signed by the appointee and retained by the
clerk of • as an official city record.
(f) If member becomes disqualified, he or she must resign from the commission.
(Ord. of 12-11-2008(4))
See. 23-34. Terms
• service.
(a) Those members of the commission currently serving as of the adoption ofthis
chapter shall continue to serve under their original appointment and for the full term thereof.
(b) Council intends for commission members to serve two "staggered" terms
(e) Members having odd position -numbers are to serve terms expiring on the day before
Lhe annual meeting in odd -numbered years. Members having even numbers axe to serve two-year
terms expiring on the day before the annual meeting in even -numbered years.
(d) Removal of members of the Ethics Commission other than by resignation or
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City or the City Council being held up to ridicule; while a member, conviction of a crime which
is a felony or misdemeanor involving moral turpitude or dishonesty, or 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 determineci by the
Mayor and 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.
Sec. 23-,35. Voting.
(a) "Voting panel" means the group of commission members entitled to participate in a
commission matter.
(1) When the commission is not in session (i.e., meeting), the voting panel is
composed of members.
(2) During a commission meeting or hearing and for a particular matter, the
voting panel is composed of Members in attendance.
(Ord. of 12-11-2008(4))
See. 23-36. Meetings.
(a) Except as allowed or required by state law, all meetings of the ethics commission are
to be open to the public, publicized as required by state law and compliant with all requirements
imposed by the Georgia open records and meetings laws.
(b) The ethics commission is to hold an annual meeting in February.
(c) The presiding officer or a majority of the voting panel may call additional meetings
on an as -needed basis.
(Ord. of 12-11-2008(4))
Sec. 23-37. Appointments and nominations.
(a) Appointments to fill vacancies.
(1) Each vacated commission position is to be filled by council appointment
based or, majority vote or other method adopted by council.
(2) No person appointed to serve on the first commission or any commission
thereafter is to be considered "the appointee" of a particular council member.
(b) Annual appointments. This topic does not encompass mid-term vacancies.
(1) On the day before the annual meeting in 2009 and on each such day
thereafter, the terms of five members expire. At the last regular council meeting in January of
each year after 2008, council is to appoint -five members to fill the positions with expiring terms.
(2) Members associated with expiring terms may be reappointed.
(3) The mayor is to assign odd position numbers to the members appointed
to assign even %osition numbers to members
V
appointed during even numbered years.
(4) Commission bylaws or policies are to give guidance to situations and
circumstances that are not covered in preceding items of this topic.
(c) Mid-term vacancies.
(1) When any member vacates or announces intention to vacate a commission
position before the associated term of service expires, the presiding officer is to request council
to appoint a member to the position. The request may be accompanied by nominations from the
voting panel.
(2) A person appointed by council to fill a vacated position assumes tne status,
position number and the unexpired portion of the terin associated with the former member.
(d) Nominations.
(1) Any person interested in serving on the commission may nominate
themselves by submitting a completed qualification form to the clerk of council. This applies to
opg o-�ission positions with approaching term expiration dates.
incumbent members•ccuyincmn
(2) Council may solicit additional nominations for commission membership
from the general public, from council members or from the ethics commission. The clerk of
council is to contact such nominees for the purpose of determining their interest and/or to have
them sign a statement of qualification.
(3) Council intends that the appointment process not interfere with the
effectiveness of the commission. Ideally, at any point in time, there will be severalnominees so
that, when necessary, the appointment process will be expedited.
(Ord. of 12-11-2008(4))
Sec. 23-38. Officers.
(a) At each annual meeting after February 2009, the voting panel is to elect two
members to serve as chairperson and vice-chait person of the commission. These officers are to
serve as such until the next annual meeting. If for some reason the voting panel fails to elect a
chair or vice -chair at an annual meeting, the incumbent may remain in office until a successor is
properly elected by the members.
(b) An incumbent may be re-elected to serve as an officer.
(c) If the chair or vice -chair leaves office before the terra of office expires but remains
on the commission, the voting panel is to elect a principal member to serve in the office until the
next annual meeting.
(d) If an office becomes vacant because of a principal position vacancy, the voting panel
is to elect a replacement officer after the principal position is filled by council appointment.
(Ord. of 12-11-2008(4))
Sec. 23-39. Compensation, expenses and staffing.
(a) Members of the ethics commission are not to be compensated.
(b) A member may request the city for reimbursement of reasonable expenses incurred
as a direct result of performing commission duties.
(c) The city manager is to assign a capable staff member to serve as recording secretary
and to make available appropriate and sufficient meeting space.
(d) The clerk of council or designee is to serve as the filing clerk for the commission,
receive complaints and to publish notices of ethics commission meetings -upon request of the
commission's presiding officer.
(e) The clerk of council and the city manager are to provide other support requested by
the commission and approved by council.
(Ord. of 12-11-2008(4))
Sec. 23-40. Counsel.
a) The city attorney is to be the legal advisor for the ethics commission except in
circumstances where doing so would result in the city attorney's conflict of interest in a
complaint involving a council member as respondent, complainant, or otherwise.
(b) If the commission requires legal services that the city attorney ca of provide or is
not available to provide, the commission is to be represented and assisted in carrying out its
responsibilities by an attorney appointed by the ethics commission and confirmed by council. A
person serving as commission attorney is subject to this code.
(Ord. of 12-11-2008(4))
See. 23-41. Limitation of liability.
To the fullest extent permitted by law, no member of the ethics commission, or any
person acting on behalf of the ethics commission, is to be liable to any person for any damages
arising out of the enforcement or operation of this ethics code except in the case of willful or
wanton misconduct. This limitation of liability is to apply to the city, the members of the ethics
commission and any person acting under the direction of the ethics commission.
(Ord. of 12-11-2008(4))
See. 23-42. Advisory opinions.
(a) The commission may render an advisory opinion based on a real or hypothetical set
of circumstances and the commission's interpretation of this code as it applies to the
circumstances.
(b) An advisory opinion is to be rendered only in response to a written request (from a
city official) that fully describes the circumstances and the question to be answered. The request
must be signed.
(c) A member of the commission may submit a request for an advisory opinion.
(d) Such advisory opinions are to be formulated during formal commission meetings
and are to be made part of the commission's open records.
(Ord. of 12-11-2008(4))
Sec. 23-43. Complaints.
(a) In general.
(1) For this code to be most effective, the public and city officials must have
access to a fair, expedient, effective and evolving complaint process that is not encurnbered by
the need to amend this code. To that end, the commission is to develop, publish and maintain a
complaint policy that explains procedures to be followed, timeframes to be honored and the
roles, responsibilities and rights of the complainant, city official alleged to have violated this
code and members of the commission.
(2) The policy may include steps, options or requirements beyond the general
provisions contained in this chapter. If, at any point in time, such policy does not address the
requirements of a particular complaint, the commission is to make formal adjustment to the
policy to ensure the fair and appropriate handling of the complaint and such complaints
thereafter. As the complaint policy evolves, revisions are subject to the approval of the city
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(4) Unless the respondenfs reply agrees that a violation occurred, there is to be a
to support a reasonable belief that there was a violation of this code. The case is to be dismiss' -d
Sec. 23-44. Final and concluding action on complaint cases.
Final and concluding decisions for complaint cases are to be made at the final council
meeting of each month. Advisory opinions related to such decisions are to be listed as main
ag,
,enda items for this meeting. The city attorney is to develop and implement apToCeSS for
council to consider the opinions.
(Ord. of 12-11-2008(4))
Sec. 23-45. Ri-ht to appeal.
Any final decision by the city council pursuant to this code of ethics shall be reviewabl
by the Superior Court of Chatham County. The review by the superior court shall be limited to
an inquiry to whether there was any evidence before the city council which supported the
decision of the city council. Provided however, no action of the city council refusing or failing
take action pursuant to this code of ethics shal I be reviewable by the superior court.
(Ord. of 12-11-2008(4))