HomeMy Public PortalAboutEthics Commission Apporved Minutes of December 12 Meeting.pdfEthics Commission Minutes
December 12. 2016 Meeting
Minutes Approve February 2. 2017
Members Present: Dennis Alexander, Katherine Garlington, Ben Goggins, Danny Hill, Michael Pappas
and Frances Kay Strickland
Members Absent
Kathy Jackson
Ex-Officos Present: Janice Elliott. Recording Clerk
Invited Guests: Charlie Barrow
Roll:
Danny Hill called the meeting to order. Roll was taken.
Minutes:
Dennis Alexander made a motion for the August 18
Strickland seconded. Minutes were approved.
2016 meeting minutes to be approved. Frances Kay
Danny Hill reminded those who term expires January 31. 2017 Katherine Garlington. Michael Pappas.
and Frances Day Strickland to reapply to Jan LeViner, Clerk of Council, by January 41h. Danny Hill's
term will also expire, but he will not seek reappointment.
Annual Meeting date has been set for Thursday, February 2'd, 4:30 pm — Conference Room at the Public
Safety Building pending clearance. All members will be notified by the recording secretary once the
room has been reserved for that date. Several Members asked that they be contacted via their personal
email due to their city email address not working properly.
Old Business:
Discussion with Mr. Barrow on items from August 18, 2016 meeting.
This will be addressed in the new business.
New Business:
Review and discuss documents provided by Mr. Barrow.
Memo Letter to the Mayor and City Council (attached)
This memo is a proposed memo from the Ethics Commission to send to the Mayor and Council basically
it summarizes all the discussions that the Ethics Commission had with Mr. Barrow by subject matter and
setting forth the conclusion in each of those matters. All the attachments are what need to be done to
implement the changes - Persons Subject to the Act. Complaints during Election Year, Payment of Legal
Fees, and Ethics Complaint Procedure. Red lettering denotes changes to the documents.
Brief Description of each recommendation:
Persons Subject to Act — Conclusion was that everyone should be subject to the act, but different bodies
will handle the complaint depending on who the person complaining about is. The Ethics Commission
will handle the elected officials and members of various commissions and boards that are appointed. City
Manager will handle complaints against city employees. City Council will handle complaints against,
Municipal Court Judges, City Attorney, City Clerk, and City Manager.
Complaints during Election Year — Conclusion was no. The Ethics Commission felt that there should
not be any period of time during which an ethics complaint would not be considered. No attachment
Membership on Ethics Commission — Conclusion was that anyone should be eligible for the Ethics
Commission. A member may have to recuse themselves in a certain situation, but that should not
eliminate them from being on the board. No attachment
Payment of Legal Fees — Conclusion was that everyone should pay their own legal fees. There is an
exhibit for this because the ordinance will need to be changed on this recommendation.
Ethics Complaint Procedure — Several exhibits for this part. There was much discussion on this.
Conclusion was that a new step be implemented to the procedure. An informal conference to attempt to
resolve the issues before a hearing is established.
Ethics Ordinance Recommended Changes (attached -Exhibit A):
Sec. 23-1 Definition of city official (page 1)
Sec. 23-14 Editorial change (page 3)
Sec. 12-43 Complaints — E part was added — completely new (page 10)
Sec. 23-26 Legal Fees — completely new (page 11)
Ethics Complaint Procedure (attached — Exhibit B) can be changed at any time and these changes are to
make it consistent with the changes and changes to the ordinance. Same changes occur in the
Complainant Letter (attached — Exhibit C) and the new Respondent Letter (attached — 2nd letter of
Exhibit Q.
The Mayor and Council would need to accept the Ethics Commission recommendations and adopt the
changes to the ordinance before the changes in the Ethics Complaint Procedure, Complainant Letter, and
Respondent Letter can occur.
Michael Pappas made a motion to recommend to the Mayor and Council the changes to the ethics
ordinance discussed. Ben Goggins seconded. Vote was unanimous.
Dennis Alexander made a motion to adopt the proposed changes to the Ethics Complaint Procedure,
Complainant Letter and Respondent Letter if the proposed changes in the ordinance are approved by the
Mayor and Council. Ben Goggins seconded. Vote was unanimous.
Mr. Barrow will send corrected version of the documents to Bubba Hughes to be placed on the January
12' agenda.
Adiournment:
Michael Pappas motioned to adjourned. Katherine Garlington seconded. Motion carried. Meeting
adjourned.
12128120161je
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To: Mayor and Council of the City of Tybee
From: Ethics Commission
Subject: City of Tybee Island, Georgia - Ethics Commission
Our File No.: 9322-0000
Re: Study of Ethics Ordinance and Ethics Procedures
Date; December 12th, 2016
Over the last several months, the Ethics Commission has been studying the Ethics
Ordinance and the procedures for the Ethics Commission to follow when a complaint is
filed. This memo is a summary of our conclusions and recommendations with
attachments setting forth the specific changes.
PERSONS SUBJECT TO ACT:
The Ethics Commission considered who should be subject to ethics complaint's that the
Ethics Commission should consider and who should be subject to ethics complaints that
should be handled by the City Manager's office or by the Mayor and Council.
Our recommendation is that the Mayor and Council should consider any ethics
complaints filed against the City Manager, the City Attorney, the City Clerk or Municipal
Court Judges.
The City Manager should consider ethics complaints filed against any employees
of the city coming under the City Manager's oversight.
The Ethics Commission should consider ethics complaints filed against a city
official which would include elected officials and members of any board, commission or
authority of the city. The Ethics Ordinance would need to be changed to accommodate
the above recommendation. See attached Exhibit A.
COMPLAINTS DURING ELECTION YEAR:
The Ethics Commission considered whether ethics complaints should not be considered
and acted upon during a political election season. It was decided that there should not
be any period of time during which an ethics complaint would not be considered or
acted upon. Delaying or not considering a complaint would potentially delay the public
being aware of any ethics violations.
Document ID #3992558
MEMBERSHIP ON ZONING COMMISSION:
The Ethics Commission considered whether individuals who are members of
organizations that the complaining party may also be a member of could serve on the
Ethics Commission. It was decided that excluding someone from serving on the Ethics
Commission simply because he and the complaining party were also a member of
another organization should not eliminate membership on the Ethics Commission.
Given certain circumstances, a member of the Ethics Commission may need to recuse
himself/herself on a specific Ethics Commission complaint. Such matters should be
considered on a case-by-case basis.
PAYMENT OF LEGAL FEES:
The Ethics Commission considered whether either the complaining party or the
responding party to an ethics complaint or both should be reimbursed for legal expenses
incurred as a result of the filing of an ethics complaint. It was decided that the party
initiating an ethics complaint and the respondent should be responsible for their own
legal fees and expenses.
See Exhibit A for a new provision for the Ehtihcs Ordinance which is
recommended to be adopted.
ETHICS COMPLAINT PROCEDURE:
The Ethics Commission also considered the procedure which should be used once a
complaint is filed. The Ethics Commission has chosen to rewrite its own procedural
rules and recommends that the City Manager and the Mayor and Council, when
considering an ethics complaint, should adopt the same or similar rules. The new rules
add a step in the process by which the parties meet with the Commission for an informal
discussion to attempt to resolve the issues.
Attached are the new procedural rules for the Ethics Commission (See attached
Exhibit B).
In conjunction with the new procedural rules, the Ethics Commission has developed
standard letters to be sent to the complaining party and the respondent at appropriate
times after the complaint is filed.
See Exhibit C for new revised correspondence.
The Ethics Commission welcomes your comments concerning any or all of the above.
The Ethics Commission would respectfully request that the proposed ordinance changes
be placed on the Mayor and Council's agenda for formal adoption.
Respectfully submitted,
Ehthics Commission by Danny Hill, Ehtics Commission Chairman
Document ID #3992555 Page 2
Document ID #3992558 Page 3
Chapter 23 - ETHICS''
Footnotes:
Editor`$ no -U -.—Ord. No. 54-2011, adopted duly 28, 201,1, repealed former Ch. 23, arts. I, 11, in its entirety
and enacted new provisions as set out in the attachment to said ordinance. Former Ch. 23 pertained to
similar subject matter and derived from Ord. (4) of Dec. 11, 2008.
ARTICLE I. - GENERAL
Sec. 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.
City cf inial shaii , Gi '.ric[ude poiG c i 'iG''GES of if vii,' 'dJ^G ;'r^G unGer City Man C t-ol o� the
:age,'s on
CE `v r iG uyCr, viiv A:T,ornev, Cil, Vier Jr Q t i,i ;�'Gi rilD . :—ge. , Fr_l i t:p 'herC rT
CItV f�Gr '^Er, The .mit} viar:a�er .pity Cierr.. ... 'C! ' ' .'rjrnev and LhG %Iunioipai Court Judges
s,^.ali we heid to ',fie same Grhicai starch.—ds as a 'clic
a l..
Govemment 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. No. 54-2011, (Attach.), 7-28-2011)
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 of 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. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-3. - Intent.
Page 1
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. No. 54-2011, (Attach.), 7-28-2011)
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 are free to
engage in lawful financial transactions to the same extent as private citizens.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
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. No. 54-2011, (Attach.), 7-28-2011)
Sec. 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 the general public.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
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 family, or those with whom an official has business or financial ties.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-8. - Voting in matters of personal interest.
A city official shall not participate in any matter and shall recuse him/herself on an 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.
Page 2
(Ord. No. 54-2011, (Attach.), 7-28-2011)
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. No. 54-2011, (Attach.), 7-28-2011)
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, as
amended, and O.C.G.A, § 36-80-1, as amended, as it applies to municipalities.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
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. No. 54-2011, (Attach.), 7-28-2011)
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. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-13. - Travel expenses.
A city official shall not draw per diem 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 diem or expense monies of the city. This not to include cancellation
fee(s) for good cause.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-14. - Presumption.
In reference to acts or omissions on which the city attorney has given an opinion, a44 a city 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
Page 3
whether or not a violation has occurred is to be determined by the ethics commission and/or city council
as otherwise provided.
(Ord. No- 54-2011, (Attach.), 7-28-2011)
Sec. 23-15. - Penalties.
The code of ethics to be observed by city off iciais 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. No. 54-2011, (Attach.), 7-28-2011)
Secs. 23-16-23-30. - Reserved.
ARTICLE fl. - ETHICS COMMISSION
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. No. 54-2011, (Attach.), 7-28-2011)
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;
Page 4
(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 or perform 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. No. 54-2011, (Attach.), 7-28-2011)
Sec. 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;
(2) Be registered to vote in city elections;
(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; and
(5) Exhibit strong moral character and good citizenship.
(c) Statement of qualification:
STATEMENT OF QUALIFICATION: I, _ 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.
I 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.
(e) As a 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
Page 5
representation of the oath is to be signed by the appointee and retained by the clerk of council as an
official city record.
If a member becomes disqualified, he or she must resign from the commission.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-34. -Terms of service.
(a) Those members of the commission currently serving as of the adoption of this 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.
(c) Members having odd position numbers are to serve terms expiring on the day before the annual
meeting in odd -numbered years. Members having even numbers are 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 expiration of term 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
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 determined 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
(Ord. No. 54-2011, (Attach.), 7-28-2011)
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. No. 54-2011,
, (Attach.). 7-28-2011)
Sec. 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.
Page 6
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-37. - Appointments and nominations.
(a) Appointments to fill vacancies.
(1) Each vacated commission position is to be filled by council appointment based on 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 during odd -numbered
years. Likewise, the mayor is to assign even position numbers to members 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 the status, position number
and the unexpired portion of the term 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 incumbent members
occupying commission positions with approaching term expiration dates.
(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 several nominees so that, when
necessary, the appointment process will be expedited.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
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 -chairperson 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.
Page 7
(b) An incumbent may be re-elected to serve as an officer.
(c) if the chair or vice -chair leaves office before the term 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. No. 54-2011, (Attach.), 7-28-2011)
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. No. 54-2011, (Attach.), 7-28-2011)
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 cannot 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. No. 54-2011, (Attach.), 7-28-2011)
Sec. 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. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-42. - Advisory opinions.
Page 8
(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. No. 54-2011, (Attach.), 7-28-2011)
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 encumbered 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 attorney and/or city council. The
essential components of the complaint policy are outlined in the following provisions of this
section.
(b) Restraints. The policy is to specify the restraints, if any, that apply to the commission, the
complainant and/or the person against whom a complaint is filed (the respondent).
(c) Submission and qualification.
(1) A person (complainant) alleging that a city official (respondent) violated any provision of this
code may submit a written and signed complaint declaration to the clerk of council. The
declaration, a written statement made under penalty for false swearing, must meet the
qualifications described in the complaint policy.
(2) The clerk of council's office is to deliver the declaration of complaint to the presiding
commission officer who thereafter communicates the complaint to commission members.
(3) Subsequently commission members, in a manner consistent with the complaint policy, are to
determine if the complaint qualifies for further action.
(4) A disqualified complaint declaration is to be returned to the complainant and otherwise dealt
with in a manner consistent with the complaint policy.
(5) A disqualified declaration may be corrected by the complainant and resubmitted as de novo
declaration.
(d) Qualified complaints against city officials.
(1) The commission has the responsibility to investigate, hear, validate, and dispose of complaints
against city officials in a manner consistent with this code and the complaint policy.
(2) The commission is to inform (by registered mail) the respondent of the complaint and of a reply
due date and a case review date. The complaint and other pertinent documents are to be
attached to this correspondence.
Page 9
(3) The complaint policy is to provide details for handling a case for which the respondent agrees
that he or she has violated this code.
(4) Unless the respondent's reply agrees that a violation occurred, there is to be a case review to
determine whether specific substantiated evidence from a credible source(s) exists to support a
reasonable belief that there was a violation of this code. The case is to be dismissed unless a
majority of the voting panel agrees that such evidence exists. The complaint policy is to provide
details for closing a dismissal.
(5) if the case is not dismissed, the commission is to hold a hearing at a public meeting for the
purpose of reaching a complaint opinion (decision) as to whether or not the respondent violated
this code. The hearing is to be conducted in accordance with those conventionally associated
with hearings at public meetings. The complainant and the respondent are to have the
opportunity to be heard and to have witnesses at the hearing.
(6) After the hearing, voting panel members are to reach a decision (complaint opinion) as to
whether or not the respondent violated this code. Such decision is to be based on:
a. Preponderance or greater weight of the evidence presented at the hearing; and
b. The declarations submitted by the complainant and respondent; and
c. Panel member's conscientious and compliant interpretation and application of this code to
the evidence.
(7) The complaint opinion is to be documented, consistent with the complaint policy. This
documentation is to include a statement of remedial or consequential actions that the
commission deems appropriate. Such actions may be applicable to the respondent or to the
complainant. Consequences for a city official may include, but are not limited to, private
warning; training on the subject of the violation; public warning or reprimand; public censure
and/or apology and/or restitution. Consequences for a malicious or frivolous complaint from a
person other than a city official may include misdemeanor charges.
(8) The documented opinion is to be forwarded to clerk of council who will distribute the opinion to
council members, the complainant, the respondent and the city attorney in preparation for a final
and concluding action on the part of council.
lg; A pe-socom^:ail a; ai!er na t^e city Pvianacar. il^e Ciiy Attorney. the City Clerk or a
I� uricipaf CQUrt jiudoe Viclated any pr--vslor,, of ^is cede may subri it a 4`rritten and signed complaint
tc 11he mayor and C G ,c! . Ths May. --r and Cc'",c;, s` a.irorsioerSi�C: i ' compla''i:t and follov,, ti:e
Procedure fcr investigation a hokuing ? : earir;g n `L J same or similar fashion as the Ethics
v`%mn i$sfG" l a se o, h ;n sUu r agrap �s f Cl (J — e L!
pa aCC4�.
Compiainis againsT a Ci?y E,i, 'oVe'e Lnder tr',e CO. 'i —'Ie it'
]� _ 9 F� ^t• J'= City r�ianager shat! :,e for forwarded :o
hs �:!y ",tanager tar h..is Cr :nsr '-- vvyi am.-oi—.s'IGoraJor: vvith the C .y 'tanager ,oliovrirg :he
Procedure for investigation ant' r ink �:e ri^� .. e same or imiiar fashion as the firth
p o a a h s; ;c:
Comm!`ss€ ,, as set forth In su:bcar agr G ,f�s
(Ord. No. 54-2011, (Attach.), 7-28-2011)
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 agenda items for this
meeting. The city attorney is to develop and implement a process for council to consider the opinions.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-45. - Right to appeal,
Page 10
Any final decision by the city council pursuant to this code of ethics shall be reviewable 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 to take action pursuant to this code of
ethics shall be reviewable by the superior court.
Sec 23-416— Legal Fees:
The Cite shall not ;;se funds to pati for ,'egal fees or expenses of any party bringing a complaint
or anv'oar'y against -AMorn a c0mplai^t is f.,'ed. Either c ' .,i ai�o ey shall pay for their
iV r`af:C r25 crl fr'
o,:rsn attorney fees and expenses.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Exhibit A
Page 11
ETHICS COMPLAINT PROCEDURE
I. Complainant delivers the complaint to the Clerk of Council. It should
indicate if the accused is a city employee, an elected official or the City-
Clerk,
ityClerk, Citi° _4ttornev. Cit\- Ma.naoFer, or Municipal u.d-e.
The Clerk of Council is to:
1) refer all city employee complaints directly to the City Manager.
2) refer complaPnws rel7ardin_ the City Clerk. City -;:Ltornev. Ci Manager or
iu m3rial �UCz, to tree Navo'' and Council,
3) refer complaint re ardin- an Elected oMi ciat to the Ethics Commission.
ANT
1) review the complaint for a signature, notarization and contact
information- printed name, mailing address, phone number, email
address. (In the event a complaint is filed by more than one citizen,
there must be a single contact person listed.) If the complaint is not
signed, notarized, or contact information is not included then the
complaint will be returned to the complainant for compliance.
2) date, stamp and initial the compliant complaint.
3) give a receipt letter (check list) to the complainant.
4) deliver the complaint to the presiding Commission officer within (5)
business days.
51 deliver the complaint as set ford; a os e to the city manager, Mavor and
Council or the presidin :5:tyiics Core mission off�i;er v-ithin 5 business
days.
H. Complaint Reviewed
A. City Manager receives employee complaints
1) Reviews the complaint in accordance with the employee
complaint policy.
B. Mavor and.=mc-li receives connplai t regarding City Cer�, Otv
Atzorr�e�. 'it -M � r Iunicipa Judge anc res. e-�%- she co�.�p�ain�
zana�e. or m }
ror action ?n accordance ��ith procedures similar to the Ethics
�-Ofr=ssion procedul's
C. Ethics Commission receives all other complaints
1) Deficient claims returned to complainant within 7 business days
with letter explaining deficiencies.
2) Complainant may re -submit complaint with deficiencies
corrected within 7 business days.
3) Complainant may withdraw complaint.
4) Documented sufficient complaint handled by the Ethics
Commission.
III. Ethics Commission Review
A. Copy of complaint delivered to accused via registered mail within 7
business days of determination that complaint is not technically
deficient.
B. Accused may reply in writing to the complaint within such time as
directed by the Ethics Commission, not to exceed 3o days.
1) If the accused agrees that a violation has occurred, no further
investigation will take place.
2) For an agreed violation the case will be reported to the City
Council for disposition.
C. Ethics Commission investigatory review to be held within 3o days from
date of response by accused.
1) Unsubstantiated claims dismissed.
2)' Lib.tantiated _-ia-ims tC X Ctc LG an _n ormal conference
Dc .°,"e; I? a l �a les �inCll� r=€;-7 ar - attorne\ epresenting the party
and' ,heetl les cor* miss:
i Pmj?t�:.
N. T_ informal discussion does not resoive Lr_e ss,?es th_e Ethics Commission
shall hold a To �ssl P c l i c bea r n o t� i n days from conclusion of the
in orrnal disc ;ass or,.
A. Certified written notice given to each party.
B. Each party has the opportunity to present their case. The parties may be
represented by regal counsel at their ; rfo;ce. ?armies may present evidence
to say plerrer_t the aetition and tine response '�_AUI-i -,jrther docurnentar�-
e\ ,dence or %%itnesses. Additional docu entar L eN dence or iN itnesses
shall not Ciup•licate existing intor-mat:on dread", presented. Formai rales
o� do not app:
V. iorTrinisti?on deiiberates i r vate ar-6 issues a public i,.'ritten determination
,,,?thm 3o Cats signed" tqE Chairr an of tl"le commission.
A. Violators are reported to City council with recommendation for
disposition.
B. Non -violators dismissed.
VI. City Council — determination and implementation of any action.
Exhibit B
��d
C i t y o f T v b e e I s l a n d
P . O . B o x 2 7 4 9 4 0 3 B u t l e r A v e n u e , T y b e e I s l a n d , G A 3 1 3 2 8
( 9 1 2 ) 7 8 6 - 4 5 7 3 F A X ( 9 1 2 ) 7 8 6 - 5 7 3 7
w w w . c i r j , o f t v b e e . o r r
D e a r C o m p l a i n a n t ,
T h a n k y o u f o r u t i l i z i n g t h e E t h i c s C o m m i s s i o n c o m p l a i n t p r o c e s s . Y o u r c o m p l a i n t h a s b e e n r e v i e w e d b y t h e
C l e r k o f C o u n c i l f o r a s i g n a t u r e a n d n o t a r i z a t i o n . A t t h i s p o i n t , y o u r c o m p l a i n t w i l l b e f o r w a r d e d b y t h e
C l e r k o f C o u n c i l t o t h e C i t y M a n a g e r ( i f c o m p l a i n t a g a i n s t C i t y e m p l o y e e ) . T h e M a y o r a n d C o u n c i l ( i f
c o m p l a i n t a g a i n s t t h e C i t y A t t o r n e y . C i t e C l e r k , C i t y M a n a g e r . o r M u n i c i p a l C o u r t J u d g e ) t h e p r e s i d i n g
C o m m i s s i o n o f f i c e r w i t h i n ( 5 ) f i v e b u s i n e s s d a y s . U p o n r e c e i v i n g t h e c o m p l a i n t , t h e C i t y M a n a g e r . M a y o r
o r p r e s i d i n g E t h i c s C o m m i s s i o n O f f i c e r h a s ( 5 ) b u s i n e s s d a y s t o c h e c k t h e c o m p l a i n t f o r c o m p l e t e n e s s .
I f t h e r e a r e a n y d e f i c i e n c i e s i n t h e c o m p l a i n t . t h e c o m p l i a n t w i l l b e r e t u r n e d . Y o u w i l l h a v e
( 7 ) s e v e n b u s i n e s s d a y s t o c o r r e c t t h e d e f i c i e n c i e s a n d s t a r t t h e p r o c e s s a n e w .
i I f t h e c o m p l a i n t m e e t s t h e m i n i m u m c r i t e r i a a n d f u l l y d e s c r i b e s t h e c i r c u m s t a n c e s ( s i t i n g t h e
a p p l i c a b l e e t h i c s o r d i n a n c e p r o v i s i o n ) , f o r c o m p l a i n t s d i r e c t e d t o t h e E t h i c s C o m m i s s i o n t h e
c o m p l a i n t w i l l b e f o r w a r d e d t o a l l t h e m e m b e r s o f t h e E t h i c s C o m m i s s i o n . T h e C o m m i s s i o n w i l l
r e v i e w t h e c o m p l a i n t a t a n o p e n m e e t i n g t o d e t e r m i n e i f t h e c o m p l a i n t i s v a l i d a n d q u a l i f i e s f o r
f u r t h e r a c t i o n . T h e i n i t i a l o p e n m e e t i n g i s t o b e h e l d f o r i n f o r m a l d i s c u s s i o n w i t h y o u a n d t h e
r e s p o n d e n t a n d a n y o n e r e p r e s e n t i n g t h e p a r t i e s . i f a n y . t o d e t e r m i n e i f t h e i s s u e s m a y b e r e s o l v e d
w i t h o u t c o n s i d e r a t i o n o f e v i d e n c e b e y o n d w h a t v v a s p r o v i d e d w i t h t h e c o m p l a i n t a n d t h e r e s p o n s e t o
t h e c o m p l a i n t .
I f t h e c o m p l a i n t i s d e e m e d i n v a l i d , t h e C o m m i s s i o n w i l l n o t i f y y o u v i a r e g i s t e r e d m a i l w i t h a n
e x p l a n a t i o n o f t h e d e c i s i o n . N o t e : C o n s e q u e n c e s f o r a m a l i c i o u s o r f r i v o l o u s c o m p l a i n t m a y
i n c l u d e m i s d e m e a n o r c h a r g e s .
i I f t h e i s s u e s c a n n o t b e r e s o l v e d a t t h e i n f o r m a l c o n f e r e n c e a n d i t i s e s t a b l i s h e d t h a t y o u r c o m p l a i n t
q u a l i f i e s f o r f u r t h e r a c t i o n , t h e p a r t i e s w i l l b e n o t i f i e d v i a r e g i s t e r e d m a i l . A d d i t i o n a l p r o c e e d i n g s
w i l l o c c u r a s r e q u i r e d b y t h e o r d i n a n c e .
P l e a s e k e e p i n m i n d t h a t y o u r s t a t e m e n t / d e c l a r a t i o n / c o m p l a i n t w i l l b e c o m e p u b l i c r e c o r d w h e n i t i s f i l e d
w i t h t h e c l e r k . M e m b e r s o f t h e p u b l i c m a y a s k t o s e e i t , a n d t h e y a r e e n t i t l e d t o d o s o .
I f y o u e l e c t t o h a v e l e g a l c o u n s e l r e p r e s e n t y o u , y o u a r e r e s p o n s i b l e f o r a l l l e g a l f e e s a n d e x p e n s e s .
S i n c e r e l y y o u r s .
C i t y o f T y b e e I s l a n d E t h i c s C o m m i s s i o n
S u b m i t t e d b y :
. I a n L e V i n e r , C l e r k o f C o u n c i l
D a t e
Exhibit C
04/09/2014je
Dear Respondent
City of Tvbee Island
P.O. Box 2749 — 403 Butler Avenue, Tybee Island, GA 31328
(912)786-4573 — FAX (912) 786-5737
%-W w. eityo (ty b e e. or -
The Ethics Commission opened and re v i e .v e d the enclosed complaint at our meeting on
It was accepted as not technically deficient by the Commission.
This copy, therefore, is sent via registered mail. Please respond to the allegations of this complaint within
30 business days. After receipt of your reply, the Commission will have an open , Eeetincr with you and
tine Comp lah"'ng cart€' to have an iniormai dliscu sion in an : ffo.-t r�-soi€ e the issues. You .ria€' be
represented by an aiiCsrnev 1 ov €s"iS_1. No e` . ie ce other ah -in "ro complaint and attachments and ��cur
iesDO Se and attacllr ?ci is €_ tii �be CCyn$ide'eaT The -'nfo? n': vfnc enc-.
is the issues varrot be .esoi€ Lc a, i_e i,1 o-Llal conference tr::: Cc rr imlssion will proceed to a formal
public hearing within 30 business days of ".=n3orma conferertc:. _tet lie fo_mal public hearintr
additional e` deuce a` l e zeser"tO ._0.r rhe 'IMissior°s :ons e-aE on.
Enclosed is a copy of the complaint policy and procedure to answer any questions you may have.
if you elect to ha€ -e legal Counsei _ r-ese t v(;u, € ou are responsible for ail iegai fees and expenses.
Thank you for your cooperation with this process.
Yours truly,
Danny Hill
Chair, Ethics Commission
Enclosures: Complaint, Complaint Policy, Complaint Procedure
Exhibit C