HomeMy Public PortalAbout2007-12 ORDINANCE NO. 6 -2007
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
SECTION . SO AS PROVIDE FOR A CODE OF ETHICS AND COMPLIANCE
FOR THE CITY OF TYBEE ISLAND, GEORGIA
CODE OF ETHICS AND COMPLIANCE
CITY OF TYBEE ISLAND, GEORGIA
ARTICLE!. ENACTMENT AND LEGISLATIVE INTENT
ARTICLE II. DECLARATION OF POLICY
ARTICLE III. COMPLIANCE
ARTICLE IV. ETHICS COMMISSION
ARTICLE V. LANGUAGE /DEFINITIONS
ARTICLE I. ENACTMENT AND LEGISLATIVE INTENT
SECTIONS
SECTION 1.01 PROCLAMATION OF ENACTMENT
SECTION 1.02 STATEMENT OF LEGISLATIVE INTENT
SECTION 1.03 ETHICS COMMISSION ESTABLISHED
SECTION 1.01 PROCLAMATION OF ENACTMENT
It is hereby ordained by the governing authority of the City of Tybee island that the provisions of
this ordinance are to become and be made a part of the Code of Ordinances of the City of
Tybee Island, Georgia.
This ordinance as it may be amended from time to time and all additional ordinances passed in
the future and specifically made a part hereof is to be known and cited as the Code of Ethics
and Compliance of the City of Tybee Island, Georgia or herein as "This Code."
This ordinance is to become effective and applicable concurrent with the seating of the first
Ethics Commission {ref Article 5 }, but no later than the first City Council meeting following the
enactment of this ordinance.
The previously enacted ordinance "Code of Ethics for City Officials" (Code Title 2 (Government
and Administration), Chapter 2 (Mayor and City Council) Section 18) is hereby repealed except
that it will continue to be in effect for the purpose of governing the conduct of former City
officials and employees whose official duties terminated before the enactment of this ordinance.
The ordinance establishing the Ethics Advisory Board is to be repealed concurrently with the
installation of the first Ethics Commission (as established in Article V of This Code). The Ethics
Advisory Board will cease to exist after the installation of the first Ethics Commission.
The ordinance "Acceptance of Gifts and Gratuities" is hereby repealed.
If a provision of this ordinance is comparable to provision(s) in any other City ordinance or
policy, the more stringent provision is to be applied. The provisions of all other ordinances and
policies of the City that are incompatible with the provisions of This Code are hereby repealed to
the extent of such incompatibility.
This ordinance is cumulative of and supplemental to applicable federal and state laws and
regulations that govern the conduct of Public Servants.
Other provisions of law or regulations apply when any provision of This Code is in conflict with
the laws of the State of Georgia or the United States, except to the extent that this ordinance
sets forth a more stringent standard. Even if a particular action is not prohibited by This Code,
such action may be prohibited by City polices or rules that are more stringent.
Compliance with the provisions of This Code will not excuse or relieve any person from any
obligation imposed by state or federal law regarding ethics, financial reporting, lobbying
activities, or any other issue addressed herein.
If any provision of this ordinance is found by a court of competent jurisdiction to be invalid or
unconstitutional, or if the application of this ordinance is found to be invalid or unconstitutional,
such invalidity or unconstitutionality does not affect the other provisions or applications of this
ordinance which can be given effect without the invalid or unconstitutional provision or
application.
SECTION 1.02 STATEMENT OF LEGISLATIVE INTENT
The City of Tybee Island enacted this legislation to encourage fairness, promote public trust and
improve the efficiency and accountability of its government and administration.
To function efficiently, the City relies on public trust. That trust must be earned by conducting
government business openly and ethically.
Public trust declines when citizens perceive that Public Servants are doing or appear to be
doing City business in ways that are illegal, immoral or compromising. Public trust suffers when
City Employees and /or Officials disregard rules put in place to protect the public interest.
Public trust in government improves if people know that it operates within a formally codified
commitment to open government and ethical conduct of Public Servants. Public trust is also
enhanced when City Council Members and other decision makers demonstrate independence
and impartiality and abide by ethical standards and applicable laws. Public trust improves if
there are orderly and fair processes for raising and addressing ethical or compliance questions
and for imposing consequences for failing to abide by such laws, rules or policies.
To function efficiently, the City must appoint and retain the best - qualified Officials, Employees,
and service providers available. Those seeking appointment, employment, or a contract with the
City need assurance that such work will not bar them from opportunities available to other
citizens.
Legislation repealed by This Code did not adequately address ethical behavior or public trust.
Nor did it define a way for someone, Public Servant or otherwise, to determine if an action
having to do with City business is or was appropriate or forbidden.
City Council has a duty to ensure open and efficient City government and administration.
Without an effective Code of Ethics and Compliance, the Council is unable to adequately
discharge this duty. It is therefore appropriate and practical to enact this comprehensive Code to
create an enduring ethical environment that generates trust and promotes fairness, openness,
accountability and legal compliance.
SECTION 1.03 ETHICS COMMISSION ESTABLISHED
Article IV of This Code establishes the Ethics Commission.
The reasons for creating the Ethics Commission include:
• To enhance the public's level of confidence in the integrity of City government and
management; and
• To provide a facilitative and advisory resource that assists the City Council, the City
Manager and others to leverage, implement, administer and enforce This Code.
ARTICLE II. DECLARATION OF POLICY
SECTIONS
SECTION 2.01 FOREWORD
SECTION 2.02 SCOPE AND APPLICABILITY
SECTION 2.03 INTERPRETATION AND APPLICATION
SECTION 2.04 GEORGIA STATE CODE OF ETHICS
SECTION 2.05 PRINCIPLES AND VALUES
SECTION 2.06 CERTIFIED CITY OF ETHICS PRINCIPLES
SECTION 2.07 HONESTY
SECTION 2.08 SPECIAL OBLIGATIONS
SECTION 2.09 FITNESS TO BE A PUBLIC SERVANT
SECTION 2.10 RESPONSIBILITIES
SECTION 2.11 COMMUNICATION
SECTION 2.01 FOREWORD
1) Article II states general principles, responsibilities and requirements to be applied as binding
policies of the City of Tybee Island.
2) The more specific provisions stated in Articles III and IV are to be interpreted in accordance
with the policies stated in The Statement of Legislative Intent and this Declaration of Policy.
3) Ethical and compliance issues not otherwise specifically addressed by this or other
preemptive or compatible legislation are to be evaluated and resolved in compliance with
this section.
SECTION 2.02 SCOPE AND APPLICABILITY
1) The ethical standards and rules defined by This Code apply to matters involving the City of
Tybee Island and to persons engaged in, acting on or accountable for these matters.
2) Except as specifically exempted by statement or context, This Code applies to Public
Servants including the Mayor, other Council Members, individuals reporting directly to
Council, Employees (and consultants acting as employees) and Volunteers serving on
other City agencies.
3) Others doing business with the City, seeking to do business with the City, representing the
City, or seeking action by the City are also subject to certain provisions of This Code.
4) Certain provisions apply circumstantially to current or former candidates for City Council,
former Public Servants, and persons seeking to become Employees of the City.
5) This Code applies to any person, Public Servant or not, to the extent that it is unlawful to
submit a frivolous or malicious complaint that This Code has been violated or to knowingly
attempt, successfully or not, to induce a Public Servant to violate This Code. Either of these
acts is a misdemeanor, punishable by fine and /or confinement.
SECTION 2.03 INTERPRETATION AND APPLICATION
1) The provisions of This Code are to be implemented with sincerity, integrity and a good faith
commitment to the purposes stated in Article I above.
2) All decisions about the meaning of provisions of This Code are to be made objectively and
fairly.
3) This Code is to be interpreted and applied in a manner that:
• Is consistent with the promotion of the highest level of ethical behavior, the avoidance of
any appearance of impropriety and the achievement of public confidence; and
• Protects the public against undue influence, conflicting interests or other inappropriate
biases.
4) This Code is to be interpreted and applied in a manner that:
• Does not prevent Public Servants from acting in any manner consistent with their City
duties or from providing assistance or public services to anyone who is entitled to them;
and
• Ensures opportunities available to other citizens are not denied to Public Servants
except under circumstances where conflicts between private interests and public duty
cannot be feasibly avoided, mitigated or neutralized; and
5) This Code does not apply to action occurring prior to its enactment.
SECTION 2.04 GEORGIA STATE CODE OF ETHICS
This Code adopts and incorporates the broad ethical standards stated in O.C.G.A 45 -10 -1 and
O.C.G.A 45 -10 -3 for local enforcement. This state legislation includes the following summarized
provisions:
1) A Public Servant must:
• Be loyal to the highest moral principles; and
• Uphold the Constitution, laws and regulations of the United States, the State of Georgia,
Chatham County and the City and never be a party to their evasion; and
• Expose corruption wherever discovered; and
• Give to the performance of City duties earnest effort and best thought; and
• Seek to find and employ more efficient and economical ways that benefit the City.
2) Public Servants must not:
• Discriminate unfairly by the dispensing of special favors or privileges to anyone, whether
or not for payment or benefit; or
• Engage in any business with the City, either directly or indirectly, which is inconsistent
with the conscientious performance of City duties; or
• Use any information gained confidentially in the performance of City duties as a means
for anyone to make private profit; or
• Solicit, accept, or agree to accept gifts, loans, gratuities, discounts, favors, hospitality, or
services from any person, association, or corporation under circumstances from which it
could reasonably be inferred that a major purpose of the donor is to influence the
performance of City duties or which might be construed by reasonable persons as
influencing the performance of City duties; or
• Accept any economic opportunity under circumstances where they know or should know
that there is a substantial possibility that the opportunity is being afforded with intent to
influence the performance of City duties; or
• Take any official action with regard to any matter under circumstances in which they
have a direct or indirect financial interest in the outcome of such official action; or
• Make private promises of any kind binding upon City duties, since a Public Servant has
no private word which can be binding on public duty; or
• Engage in other conduct which is unbecoming to a Public Servant or which constitutes a
breach of public trust.
SECTION 2.05 PRINCIPLES AND VALUES
1) The City of Tybee Island's Officers and Employees are servants of the people and hold their
positions for the benefit of the City. These Public Servants must:
• Treat their positions as a public trust;
• Use the power and resources of their positions only to advance public interest;
• Demonstrate ethical conduct consistent with This Code;
• Exercise independent, objective judgment in voting and other decision - making activities;
• Acknowledge actual and apparent conflicting interests and prevent them from interfering
with impartiality;
• Avoid both actual and apparent improper influences;
• Assure that government is conducted openly, efficiently, equitably and honorably in a
manner that permits citizens to make informed judgments and hold City officials
accountable;
• Intervene when they encounter actual or apparent violations of the Code;
• Not pursue private interests that are incompatible with the public good.
2) A Public Servant must not knowingly, for improper motive„ use City position or take any
action (or fail to take any action) in a manner that may:
• Distinctively benefit a substantial private interest; or
• Negatively affect an adversary.
3) Public confidence and trust depend on both perception and reality. The appearance of
impropriety erodes public confidence. Those subject to This Code must avoid the
appearance of impropriety in City matters.
4) The City must not tolerate retaliation against any person who, in good faith, reports an
actual or apparent violation of This Code.
5) All City business is to be transacted through proper channels, in compliance with the City
Charter, ordinances and policies and other applicable legislation.
6) Elected officials must not interfere with the administrative functions of the City or with the
professional duties of City staff. Elected officials must also permit staff to implement City
Council policy without interference.
7) Council Members must not attempt to unduly influence the deliberations or outcomes of
board or commission proceedings.
8) As vital resources and as critical factors in City integrity, the official records of the City are to
be properly housed, protected, organized, indexed and replicated. Information contained in
City Records is to be readily accessible to persons having the right to know or obtain such
information.
SECTION 2.06 CERTIFIED CITY OF ETHICS PRINCIPLES
As elected officials of a Certified City of Ethics, the Mayor and Council are required by the
Georgia Municipal Association to conduct City affairs in accordance with these principles:
• Serve Others; Not Ourselves; and
• Use Resources with Efficiency and Economy; and
• Treat All People Fairly; and
• Use the Power of our Position For the Well Being of Our Constituents; and
• Create An Environment of Honesty, Openness And Integrity.
SECTION 2.07 HONESTY
With respect to City matters, a Public Servant must not knowingly or willfully:
• Falsify, conceal, or cover up a material fact; or
• Make a false, fictitious, or fraudulent statement or representation, vocally or in writing; or
• Present as truthful a document known to contain false, fictitious, or fraudulent statements or
entries; or
• Withhold information or provide misleading information to another Public Servant for the
purpose of influencing how that person acts on City matters.
SECTION 2.08 SPECIAL OBLIGATIONS
1) A Public Servant must not engage in any activity or transaction that is prohibited by a law
applicable because of City position or fail to meet requirements imposed by such a law.
2) A City Official has a special obligation to meet financial obligations imposed by the
governmental authorities. A City Official must make timely payment of amounts lawfully
owed to the City or Chatham County (including property taxes and City utility bills).
3) Every Public Servant has a special obligation to show respect for and earn the respect of
the public and other Public Servants. A Public Servant must not show disrespect by
attending a City meeting or conducting City business while using or under the influence of
alcohol or illegal substances.
SECTION 2.09 FITNESS TO BE A PUBLIC SERVANT
1) Since it is reasonable for the City to define standards and qualifications that a Public
Servant must meet, it is also reasonable to specify conditions that cause a person to be unfit
to be a Public Servant.
• A convicted felon or an individual with multiple convictions of Federal, State, County or
City laws is unfit to be a City Official.
• A person found guilty of fraud or malfeasance materially detrimental to the best interests
of the City or the Public is not fit to be a Public Servant.
• A person who knowingly used false, misleading, inaccurate or incomplete information to
gain or retain a City position is unfit to serve as such.
2) The City Manager has the responsibility to ensure that:
• The City's employee hiring and selection process involves reasonable, effective
investigation and verification procedures that identify and disqualify employee applicants
who are not fit to be Public Servants; and
• There are in place effective progressive discipline and counseling programs designed
and implemented for the purposes of imposing fair penalties and encouraging conduct
appropriate for City Employees.
• A City Employee determined unfit to be a Public Servant is terminated.
3) City Council has the responsibility to ensure that a person unfit to be a Public Servant is not
appointed to a City board, commission or committee or allowed to continue to serve on
such. Council also bears responsibility for disciplining members whose behavior breaches
public trust.
4) Nothing is this section prevents the termination of a City Employee.
SECTION 2.10 RESPONSIBILITIES
1) For This Code to be most effective, anyone to whom it applies must be familiar with it,
embrace its provisions and comply with it. All persons subject to any provision of This Code
have the responsibility to understand how This Code affects them.
2) The City Manager has the additional responsibility to require City Employees to abide by the
letter and spirit of This Code and to impose appropriate discipline on Employees who
knowingly violate it.
3) City Council must ensure that This Code is fairly and effectively enforced by imposing
discipline on its own members and other City officials.
4) City officials and management must uphold This Code and insist that others do so while
conducting City business.
SECTION 2.11 COMMUNICATION
1) The intent and provisions of This Code are to be effectively communicated to all who fall
within its scope and to the public. It is to be made available upon request at City hall during
regular business hours and posted on a City website.
2) Public Servants must sign a pledge affirming that they will abide by This Code. To that end:
• The City Attorney is to make a good -faith effort to review This Code with each elected or
appointed official within 30 days of the official's assumption of City office.
• The City Manager is to ensure that
• Persons employed when This Code is enacted review the Code and sign the pledge
within 30 days of enactment; and
• Employees (and persons functioning as such) hired after the enactment review This
Code and sign the pledge before the first day of employment.
ARTICLE III. COMPLIANCE
SECTIONS
SECTION 3.01 VIOLATIONS
SECTION 3.02 APPEARANCE OF IMPROPRIETY
SECTION 3.03 IMPARTIALITY REQUIRED
SECTION 3.04 INFLUENTIAL BENEFITS
SECTION 3.05 GIFTS
SECTION 3.06 CONFLICTING INTERESTS
SECTION 3.07 RECUSAL
SECTION 3.08 RECUSAL APPEAL BY COUNCIL MEMBER
SECTION 3.09 COMPULSORY RECUSALS
SECTION 3.10 FREQUENT RECUSAL
SECTION 3.11 TRANSACTIONAL DISCLOSURE
SECTION 3.12 SEMI - JUDICIAL DECISIONS /DUE PROCESS
SECTION 3.13 REAL PROPERTY DECISIONS
SECTION 3.14 IMPROPER USE OF INFLUENCE OR POSITION
SECTION 3.15 IMPROPER COMPENSATION AND ACQUISITION
SECTION 3.16 PERSONNEL ACTIONS
SECTION 3.17 WHISTLEBLOWER PROTECTION
SECTION 3.18 INFORMATION AND OTHER CITY RESOURCES
SECTION 3.19 PROCUREMENT OF CITY RESOURCES
SECTION 3.20 POLITICAL CAMPAIGNS FOR CITY OFFICE
SECTION 3.21 POLITICAL RIGHTS AND ACTIVITIES
SECTION 3.01 VIOLATIONS
(A) COMMENTARY
1) When persons subject to This Code negligently or intentionally fail to abide by a provision,
rule or implied requirement of This Code, they violate This Code of Ethics and Compliance
and are subject to penalty, disciplinary action or legal charges.
2) When a Public Servant has conscientious and reasonable doubt about what is appropriate
and allowable in a given set of circumstances, there should be a simple course of action to
avoid violating the letter or spirit of This Code.
(B) HOW TO AVOID VIOLATING THIS CODE
1) Any Public Servant may request an advisory opinion from The Ethics Commission if there is
uncertainty as to whether or not a particular action (by self or other Public Servant) was or
would be a violation of This Code.
2) A Public Servant avoids violation of This Code by faithfully complying with an applicable and
documented advisory from The Ethics Commission.
3) An Employee may seek an advisory opinion from an appropriate manager (as designated by
City Policy) if there is uncertainty as to whether or not a particular action would be a violation
of This Code.
4) An Employee avoids violation of This Code by faithfully complying with documented
managerial guidance specific to the Employee's advisory request. A manager providing
such guidance must diligently ensure that it accurately reflects This Code. To do otherwise
is a violation of This Code by the manager.
5) After recognizing conflicting interests in a pending City decision, a Public Servant will avoid
violating This Code by following the rules of recusal.
6) After determining that an action on a City matter has the potential to create the appearance
of impropriety, a Public Servant will avoid violating This Code by recognizing conflicting
interests in the matter and thereafter complying with the rules of recusal stated in SECTION
3.07.
SECTION 3.02 APPEARANCE OF IMPROPRIETY
1) Upholding the public's trust in City government is a responsibility of every Public Servant.
Because public trust declines when citizens perceive impropriety in City matters, every
Public Servant must seek to avoid even the appearance of impropriety.
2) Public Servants violate This Code by acting or behaving in a manner that they know or
should know will cause public suspicion, degrade public confidence in City government or
appear to violate This Code.
3) Even if such action or behavior is not specifically prohibited by This Code, it violates this
Section by creating the appearance of impropriety.
4) It is a violation of this section for a Public Servant to act on a City matter in a way that would
appear to a reasonable and aware person to be improperly associated with a substantial
private interest. "Aware person" means a person aware of the interest/relationship.
5) City Officials have the special responsibility to prevent the appearance of improper action in
City matters by avoiding situations, relationships or actions that they know or should know
would likely create an appearance of impropriety related to City position.
6) A City Official must not create the appearance of partiality in performing City actions or
duties. It is especially important for a City Official to avoid behavior or action that a
reasonable and aware person would likely consider to be the result of unfair influence by
any party or unfair bias, for or against, any party.
7) The faithful discharge of routine tasks that do not involve the exercise of independent
judgment does not violate this section.
8) Acting in a manner required by law does not constitute a violation of this section.
9) Any person determined to have frivolously or maliciously alleged by way of Ethics
Commission Complaint that a Public Servant violated this section is guilty of a misdemeanor
and is to be punished by fine, confinement or both.
SECTION 3.03 IMPARTIALITY REQUIRED
(A) RULES AND VIOLATIONS
1) City matters and activities must be conducted fairly and impartially. A Public Servant must
not use City position for private gain or show favoritism by giving preferential treatment in
City matters.
2) A Public Servant must not grant or promise to any party special consideration, privilege,
treatment, favor or advantage in City matters beyond that which is generally available to
every party in similar circumstance or need.
3) Public Servants must not acquire, initiate, receive or retain a direct financial interest that
might cause a reasonable person aware of the Public Servant's having such interests to
consistently question their impartiality in City matters.
4) A City Official having a substantial personal relationship with a City Employee or employee
applicant must not cause or attempt to cause undeserved treatment.
5) The moderator of a City meeting must apply meeting rules and time limits consistently and
fairly, without showing bias or favor for any party.
(B) POLITICAL CONTRIBUTIONS AND GIFTS
Having received (or been offered) a political contribution, gift or other benefit from a party does
not provide reason for a Public Servant to favor that party in a City matter. Similarly, having
been denied a request by a party does not provide a reason for a Public Servant to show
disfavor towards that party in a City matter.
SECTION 3.04 INFLUENTIAL BENEFITS
(A) COMMENTARY AND TERMINOLOGY
1) "Benefit" is defined in SECTION 5.03.
2) The Georgia Code Of Ethics In Government Service recognizes the potential influence of
gifts and other benefits on a Public Servant's discharge of City duties by declaring that a
Public Servant must "never solicit, accept, or agree to accept gifts, loans, gratuities,
discounts, favors, hospitality, or services from any person, association, or corporation under
circumstances from which it could reasonably be inferred that a major purpose of the donor
is to influence the performance of the" Public Servant's City duties. Other provisions of
Georgia law prohibit the acceptance of benefits as compensation or reward for a Public
Servant's favorable official action.
3) The purpose of this section is to describe recordkeeping requirements that help a Public
Servant avoid creating a situation of conflicting interests {SECTION 3.07} involving benefits
accepted by self, relative, family member, significant other person or household member.
(B) RULES AND VIOLATIONS
1) A Public Servant has the responsibility to properly classify acquisitions and promises
(tangible or otherwise) by self or substantial personal interest that are deemed by This Code
to be benefits and to accurately identify the actual source of a benefit.
2) A Public Servant must record accepted benefits in a manner that describes the name of the
recipient, the nature and value of the benefit, the date it was accepted, whether or not it was
solicited and the source of the benefit. Such records are to be used to determine the
aggregate benefit amount received from a single source during particular time periods.
3) If a Public Servant entitled to contribute to a pending City decision becomes aware that a
particular source of benefits is involved in or may be distinctively affected by the decision,
the Public Servant must determine the aggregate benefit amount received from that source.
If the aggregate benefit amount is sufficient to cause the source to be a benefactor (a
substantial private interest) the Public Servant has conflicting interests in the matter and
must comply with recusal rules stated in {SECTION 3.07 }.
4) A Public Servant has a duty to decline benefits having value sufficient to generate a
situation of conflicting interests.
SECTION 3.05 GIFTS
(A) COMMENTARY AND TERMINOLOGY
1) This section is not intended to isolate Public Servants from normal social practices where
gifts among friends, associates, and relatives are appropriate for certain occasions.
2) Within This Code the term "Gift" applies to certain benefits offered to or accepted by a Public
Servant's household member or other substantial personal interest.
(B) RULES AND VIOLATIONS
1) Public Servants must never request, accept or knowingly allow household members to
accept a gift on behalf of any party, from any source a gift that would:
a) Be illegal; or
b) Involve activities that do not reflect appropriate conduct for a Public Servant; or
c) Would cause their conflicting interests in a pending City decision or future pending City
decision of which they have knowledge; or
d) Give rise to the appearance of impropriety {SECTION 3.021; or
e) Have inappropriate connection to or relationship with their City duties or positions.
2) Public Servants must never request, accept or knowingly allow household members to
accept on behalf of any party, from any source, a gift with which there is associated an
explicit or implied understanding that:
a) The gift is in exchange or a reward for their past official action; or
b) Their (future) vote, official act, or judgment might be or would be influenced by the gift.
3) Before requesting or accepting any gift, a Public Servant must conscientiously evaluate
whether or not the source is a prohibited source {SECTION 5.03 -8} from whom or which they
may not accept a gift. Council Members and Public Servants having contract administration
authority, law enforcement authority, code enforcement authority or approval authority over
any City issued permit, license, or inspection typically have many prohibited sources
because of the nature of their responsibilities. A Public Servant must not:
a) Solicit a gift for self or substantial personal interest from any prohibited source; or
b) Accept or allow a household member to accept a gift from any prohibited source.
The City Manager has responsibility to ensure that every staff functional area has direction
or policy that effectively identifies specific and generic prohibited sources relevant to that
area.
4) When Public Officials and /or their household members frequently accept (or appear to
accept) free or otherwise discounted food and drink from local establishments it generates
the appearance of impropriety and a concern that such gifts interfere with the impartial
conduct of City affairs. To avoid violation of This Code, a public official must take effective
steps to prevent such appearance and concern.
If a Public Servant accepts a gift from a source other than a substantial personal interest,
record of the gift must be made as described in SECTION 3.04.
SECTION 3.06 CONFLICTING INTERESTS
(A) COMMENTARY AND TERMINOLOGY
1) "Conflicting interests" refers to a situation involving a pending City decision, a Public Servant
entitled to contribute to the decision and a relationship with someone or something that has
the potential or apparent potential to interfere with impartial contribution to the decision.
2) Having conflicting interests in a pending City decision is not, in and of itself, evidence that a
Public Servant has done anything wrong. For some Public Servants, it is virtually impossible
to be completely free of conflicting interests. Failure to properly handle a conflict is a
violation of This Code.
(B) DETERMINATION OF CONFLICTING INTERESTS
1) Whether or not a Public Servant has conflicting interests in a pending City decision is to be
determined on a decision -by- decision basis.
2) A member of a City agency holding public or executive session meetings must, before each
such meeting, review and consider meeting agenda matters to the extent necessary to
recognize the existence of conflicting interests in the matter.
3) A Public Servant who is not entitled to contribute to a pending City Decision does not have
conflicting interests in the decision. However, see {SECTION 3.14 IMPROPER USE OF INFLUENCE OR
POSITION).
4) A member of a voting agency (e.g., Council or Planning Commission) does not have
conflicting interests in a pending City decision if it is a legislative decision that will have
common effect on the public (Le., not a semi - judicial real property or other type of semi -
judicial decision SECTION 3.12).
5) A Public Servant entitled to contribute to a pending City decision has conflicting interests in
the matter if:
a) There is realistic potential that the outcome of the matter will distinctively affect any party
or thing in which the Public Servant has a substantial private interest (whether or not the
interest is named in the matter); or
b) The Public Servant's participation in the matter would violate the requirements of
impartiality {SECTION 3.03} or give rise to the appearance of impropriety {SECTION 3.02 }.
(C) RULES AND VIOLATIONS
1) Public Servants have the duty to exert reasonable effort to accurately identify:
a) Their substantial private interests at any point in time; and
b) The parties who stand to be distinctively affected by the outcome of a particular pending
City decision in which they are entitled to contribute.
2) Negligent failure to recognize conflicting interests in a pending City decision constitutes a
violation of This Code.
3) Upon recognition of conflicting interests in a pending City decision, a Public Servant must
acknowledge the situation by initiating (and completing) compliance with the rules of recusal
stated in or established pursuant to {SECTION 3.07 RECUSAL }. Failure to do so is a violation of
This Code.
4) If a member of a voting agency has a sincere opinion that another member of the agency
(who has not acknowledged having conflicting interests in the matter) has conflicting
interests in a pending City decision, the former has a responsibility to share that opinion with
the latter as well as with other members of the agency. SECTION 3.09 {COMPULSOARY
RECUSALS} allows a member to request a fellow member to recuse.
SECTION 3.07 RECUSAL
(A) COMMENTARY AND TERMINOLOGY
1) SECTION 3.06 requires a Public Servant having conflicting interests in a pending city decision
to recuse with respect to the decision. A Public Servant recuses with respect to a particular
pending City decision by:
a) Acknowledging conflicting interests {SECTION 3.06} in the matter; and
b) Avoiding participation in the matter; and
c) Following applicable rules of transactional disclosure {SECTION 3.11 }.
2) Recusal is not the same as abstention. In This Code "abstention" means failing to cast a
vote on a matter without disclosing the reason. The City Charter requires that an abstention
by a Council Member be counted as a positive vote. Therefore, abstention is a form of
participation.
(B) RULES FOR STAFF MEMBERS
The City Manager is to establish rules and procedures for recusal that effectively limit
participation in a pending City decision by an Employee having conflicting interests in that
decision. Failure to abide by these rules is a violation of This Code. For purposes of this
subsection, the City Manager is not an Employee.
(C) RULES AND VIOLATIONS FOR PUBLIC SERVANTS OTHER THAN STAFF
1) Promptly after recognizing conflicting interests in a pending City decision a Public Servant
must, with respect to the matter:
a) Disclose the cause for recusal in accordance with the applicable policy developed
pursuant to rules of transactional disclosure {SECTION 3.11 }; and
b) Withdraw from any participation in the matter; and
c) Leave the room during that portion of any executive session during which the matter is
discussed.
2) If the initial recognition of conflicting interests in a pending City decision occurs during a
meeting, a Public Servant must verbally recuse, state the reason for the record and
thereafter comply with item 3.07C)1) above.
3) It is a violation of This Code to exploit the recusal process to avoid voting or acting on a
matter.
4) Abstention may violate This Code. A member of a voting agency (other than the Mayor)
must not participate in a matter knowing that there is a requirement to recuse and then fail to
vote on the matter. The Mayor must not participate in a matter knowing that there is a
requirement to recuse and then fail to cast a tie - breaking vote on the matter.
SECTION 3.08 RECUSAL APPEAL BY COUNCIL MEMBER
A recused {SECTION 3.071 Council Member may request, in writing, unrecused fellow members to
permit specific contributions to the related pending City decision on the basis that participation
would not violate the rules of impartiality {SECTION 3.03 } or give rise to the appearance of
impropriety {SECTION 3.02 }. Such appeal may be made only if:
a) The pending City decision is not a semi- judicial real property decision; and
b) The recused member discloses the cause for recusal in writing to fellow members at
least 5 days prior to the public meeting during which the request will be considered; and
c) The request is the topic of a public meeting agenda item; and
d) The request is not a part of a consent agenda; and
e) The recusal was not mandated by fellow Council Members as a result of a compulsory
recusal {SECTION 3.09 }.
SECTION 3.09 COMPULSORY RECUSALS
1) The member of a voting agency may be challenged to recuse {SECTION 3.07) in a particular
pending City decision by a person alleging that the member has conflicting interests {SECTION
3.06} in the matter. Any of the following may call for such recusal:
a) Another member of the voting agency; or
b) A party involved in the pending City decision; or
c) Anyone else who realistically could be distinctively affected by the decision.
2) If someone requests a member to recuse, that member must decide whether or not to honor
the request.
a) If the decision is to honor the request, the member must acknowledge conflicting
interests in the matter and comply with recusal rules {SECTION 3.07}
b) If the decision is to not to honor the request, the unchallenged members of the agency
must consider any relevant evidence concerning the alleged conflicting interests and
vote whether or not to allow the challenged member to participate in the matter. If the
decision is in favor of recusal, the challenged member must acknowledge conflicting
interest and must comply with recusal rules.
3) Each voting agency is to define an expedient and fair process for handling compulsory
recusals.
SECTION 3.10 FREQUENT RECUSAL
1) If a Council Member or member of a City agency recuses {SECTION 3.07} with such frequency
as to give the appearance of impropriety {SECTION 3.02), the member may be determined to
have violated This Code. This determination is not to consider any recusal involving
circumstances beyond the member's control for which there is not other legal course of
action to protect a direct financial interest.
2) Before accepting employment by a party, a Council Member must determine if such
employment would likely give rise to frequent conflicting interests {SECTION 3.06) and recusal.
situations. Having determined this to be the case, the member must resign from council or
decline the employment.
SECTION 3.11 TRANSACTIONAL DISCLOSURE
(A) COMMENTARY
1) SECTION 3.07 {RECUSAL] and items 1 and 6 of SECTION 3.13(B) require a Public Servant to
disclose the nature of certain relationships, interests or situations as they pertain to a
particular pending City decision. Whenever required to disclose, a Public Servant must
promptly describe the cause in sufficient and appropriate detail to appropriate authorities.
2) Any disclosure is specific to a single City matter.
(B) DISCLOSURE POLICIES
1) The City Manager is to develop and implement an efficient transactional disclosure policy for
Staff members. This policy is to ensure that an Employee will be able to determine the
authority to whom he or she should make disclosure.
2) The City Attorney is to develop and present to Council for approval, an efficient transactional
disclosure policy for members of voting agencies having semi - judicial function (including
Council, Planning Commission and Ethics Commission). This policy is to specify which
conditions require written disclosure. The policy must include the following provisions for
written disclosures:
a) Council Members must submit written disclosure notices to all members of the City
Council, the City Attorney and the Clerk of Council;
b) Members of a City agency (other than Council) must submit written disclosure notices to
all members of the City Council, the City Attorney and the Clerk of Council; as well as to
fellow members of the agency;
c) The disclosure notice must name the particular matter to which it relates and provide the
date the disclosure was submitted. The disclosure expires on the day a final and
concluding decision is reached on the matter or 60 days after the date the disclosure
was submitted, which ever is earlier;
d) The Clerk of Council is to create a concise but descriptive, publically
available /accessible record of disclosures by each Council Member. Such record is to
include disclosures required by other City or state law.
3) The members of other agencies (other than ones mentioned above) are to adopt a
reasonable and efficient process for handling disclosures required by This Code.
(C) RULES AND VIOLATIONS
1) All disclosures pertaining to a matter are to be orally stated, for the record, during any public
meeting at which the matter is to be considered, before there is any discussion of the
matter.
2) A Public Servant violates This Code by failing to make a disclosure (required by This Code)
in a manner that complies with the appropriate transactional disclosure policy.
SECTION 3.12 SEMI - JUDICIAL DECISIONS AND DUE PROCESS
(A) COMMENTARY
1) Semi - judicial decision is defined in SECTION 5.04 -7. Semi- judicial decisions (and
recommendations) require public hearings by one or more hearing agencies.
2) The purposes of this section are to give guidance that is not provided elsewhere, bolster
public confidence in fair and unbiased decision - making, and protect the City from lawsuits
that challenge semi - judicial decisions on the basis that they were improperly influenced or
derived.
(B) RULES AND VIOLATIONS
CLASSIFICATION AS LEGISLATIVE OR SEMI- JUDICIAL
The City Attorney may declare that any pending city decision is to be considered semi - judicial,
and therefore subject to the rules stated in this section.
DUE PROCESS
1) A semi judicial decision must be dealt with in accordance with a well- defined process (due
process) put in place and adhered to by the hearing agency. The process must ensure
fairness and facilitate and encourage compliance with this section.
2) Before any discussion of a pending semi judicial decision during a public hearing, the
presiding official must:
a) Read for the record, all disclosure notices pertaining to the matter; and
b) Provide the opportunity for hearing officials to announce conflicting interests {SECTION
5.05 -7} and other circumstances requiring disclosure.
APPLICATION OF EXISTING LEGISLATION
Semi - judicial decisions must be legally appropriate and accurate. To reach a vote on a
pending semi - judicial decision , a hearing official must assimilate evidence -like claims and
statements presented during a public hearing, evaluate the factuality and relevance of such
presentations, draw conclusions from the relevant facts, decide whether or not existing law
permits a proposed or past action, and then vote accordingly.
IMPROPER COMMUNICATION
1) A hearing official must not make promises or otherwise deliberately participate in any form of
informal, off - the - record oral, written or electronic communication pertaining to the outcome
of a pending semi judicial decision if the communication makes any explicit or implicit
attempt to influence the official's vote on the matter.
2) To avoid violating this section, a hearing official who inadvertently or unavoidably receives
prohibited communication (e.g., Email or voice -mail messages) must ensure that it reaches
fellow hearing officials and the City Attorney prior to the next public hearing at which the
matter will be considered.
RECUSAL AND DISCLOSURES
A member of a City agency holding a semi judicial hearing must, before each such meeting,
review and consider meeting agenda matters to the extent necessary to recognize
conflicting interests {SECTION 3.06} in a matter. A member having conflicting interests in a
semi - judicial decision must abide by rules of recusal {SECTION 3.07 }.
SECTION 3.13 REAL PROPERTY DECISIONS
(A) COMMENTARY AND TERMINOLOGY
1) Real property decision is defined in SECTION 5.04 -6.
2) Council and the Planning Commission hold public hearings for real property decisions. The
rules of this section specifically apply to Council and Planning Commission members in their
capacity as hearing officials.
(B) RULES AND VIOLATIONS
1) Hearing officials must, before each meeting during which real property hearings are to be
held, review and consider meeting agenda matters to the extent necessary to recognize the
existence of conflicting interests {SECTION 3.06} in matters to be considered at the hearing. A
member who recognizes conflicting interests in a real property decision must abide by rules
of recusal {SECTION 3.07 }.
2) A hearing official who has no conflicting interests in a real property decision but does have
indirect financial interest in the affected property must disclose that interest in writing
{SECTION 3.11(6)} (recusal is not required).
3) With regard to a particular real property decision, a hearing official has the responsibility to
make reasonable effort to identify the applicants, proponents and opponents {SECTION 5.07 -1}
of the proposed action.
Note that a person who contacts a hearing official to argue for or against the proposed
action is a proponent or opponent.
If a hearing official has or should have knowledge of a party's intent to appear at public
hearing as an opponent of the action or proponent of the action, such party is to be
considered a proponent or opponent.
4) With regard to a particular real property decision, a hearing official has the responsibility to
determine if an applicant for the proposed action or a proponent or opponent of the
proposed action is his or her influential contributor.
(An influential contributor {SECTION 5.07 -8} is the source of political campaign contributions
aggregating to $250 or more during the 24 months preceding the application date of the
matter. Influential contributors are determined on a decision -by- decision basis.)
5) If the real property decision is a rezoning action, an official should advise his or her
influential contributor to comply with O.C.G.A. § 36- 67A -1, et seq.
6) Prior to participating in a public hearing discussion of a real property decision, a hearing
official must verbally identify, for the record, any influential contributors involved in the matter
as applicants, proponents or opponents.
7) The rules stated in SECTION 3.12 apply to semi judicial real property decisions
{SECTION 5.04 -8 }. If a real property decision is also a semi judicial real property decision :
a) Public hearings or other meetings at which the matter is considered must be conducted
in compliance with the rules of semi_ judicial decisions; and
b) Hearing officials must abide by rules applicable to semi judicial decisions including those
limiting communications about the matter {SECTION 3.12 SEMI - JUDICIAL DECISIONS AND DUE
PROCESS /IMPROPER COMMUNICATION }.
SECTION 3.14 IMPROPER USE OF INFLUENCE OR POSITION
1) A Public Servant who is not entitled to contribute {SECTION 5.08 -3} to a pending_ City decision
that distinctively involves or may have distinctive effect on a substantial private interest must
not use or attempt to use City position to influence the outcome of the matter. This
restriction does not interfere with a Public Servant's right, as a private citizen, to represent
self, household or family members before a City agency
2) State law (O.C.G.A. § 16 -10 -4) prohibits Public Servants from using influence or offering to
exert influence to procure or attempt to procure the passage or defeat of legislation, in
exchange for something of value to which they are not legally entitled. Improperly
influencing legislation is punishable by imprisonment under applicable state law.
3) A Public Servant must not attempt to use a City office, position or title to influence another
Public Servant to provide unwarranted or illegal benefits, exemptions, privileges or
advantage for self or any party. This prohibition does not interfere with the impartial and
lawfully compensated delivery of usual and customary constituent services or to faithful
discharge of City duties.
SECTION 3.15 IMPROPER COMPENSATION AND ACQUISITION
BRIBERY
1) It is a violation of This Code and Georgia law O.C.G.A. § 16 -10 -2 for Public Servants to
directly or indirectly solicit, receive, accept, or agree to receive a thing of value by inducing
the reasonable belief that the giving of the thing will influence their performance or failure to
perform any official action. The offense of bribery covers any action in which a public officer
requests and /or receives something of value in exchange for the performance of any act
related to the functions of that office. O.C.G.A. § 16 -10 -2 establishes a fine of up to
$5,000.00 and imprisonment varying from one to twenty years.
2) A donor, Public Servant or not, who provides or offers to provide a benefit with the purpose
of influencing a Public Servant's performance of any act related to City position also
commits bribery.
ATTEMPTED BRIBERY
A Public Servant who receives an offer of something that, if accepted, would be a bribe must
report the situation to appropriate law enforcement officials.
EXTORTION
A Public Servant must not demand or accept compensation from any party for the performance
or nonperformance of a City duty other than that to which he or she is legally entitled.
O.C.G.A. § 45 -11 -5 stipulates that a Public Servant found guilty of extortion must be removed
from office.
IMPROPER ACQUISITION OF INTEREST
Public Servants must not acquire interest in any contract, transaction, property or business if
they know or should know that the interest will be directly or indirectly affected by official action
by the City.
SECTION 3.16 PERSONNEL ACTIONS
1) Employees authorized to supervise other Employees must conscientiously try to prevent
problematic employment actions and to correct personnel situations (within their scope of
responsibility) that have apparent potential to:
a) Interfere with Employee safety, security, fair supervision or general morale; or
b) Result in frequent conflicting interests {SECTION 3.06} and recusals {SECTION 3.07).
The City Manager has the authority and accountability to develop, implement and maintain
procedures, forms and controls that facilitate compliance with this requirement.
2) A decision to promote or advance an Employee must not be influenced by a Public
Servant's substantial private relationship with the Employee.
3) A decision to hire a job applicant must not be influenced by a Public Servant's substantial
private relationship with an applicant.
4) A sensitive personnel decision is to be announced promptly, for the public record, by the
City Manager during a public Council Meeting. The announcement is to name both parties.
SECTION 3.17 WHISTLEBLOWER PROTECTION
1) It is a violation of This Code for any Public Servant to take or threaten to take, directly or
indirectly, official or personal action (including but not limited to discharge, discipline,
personal attack, harassment, intimidation, or change in job, salary, or responsibilities)
against another person or the person's household member or relative who:
a) Filed a complaint with the Ethics Commission regarding an alleged violation of This
Code; or
b) Participated or is to participate in an Ethics Commission investigation, hearing, or
inquiry; or
c) is involved in a court action relating to an alleged violation of This Code or to evidence
presented or given as part of an Ethics Commission investigation or hearing.
2) The provisions of this section are not applicable when the complainant, witness, or reporter
of a violation made accusations or other statements that were malicious and false.
SECTION 3.18 INFORMATION AND OTHER CITY RESOURCES
(A) CITY INFORMATION
1) Public Servants, current or former, must not use (or allow to be used) sensitive City
information for personal or private gain.
2) A Public Servant, current or former, must not disclose confidential City information by way of
conversation, written documents, E -Mail, hints, suggestions or in any other manner. This
restriction applies to information received and discussed during executive sessions of City
Council except as permitted by affirmative vote by Council Members. This restriction does
not apply to the reporting of illegal or unethical conduct or to other disclosures required by
law.
3) A Public Servant must not use City position or status to obtain information about any party
for any purpose other than the performance of official duties.
4) All official City records (including written contracts) must be housed, filed, organized and
indexed in a coherent manner and made readily accessible and available under the terms of
the Georgia Open Records Act. Official documents are to be replicated and stored away
from originals.
5) Nothing in this subsection is to be used to interfere with the public's right to know and
access information about City government.
6) It is a violation of This Code for any Public Servant to deliberately withhold, hide or tamper
with information for personal or political reasons.
(B) USE OR ACQUISITION OF CITY RESOURCES
1) With regard to property, facilities, equipment, supplies, labor or other resources paid for or
owned by the City, a Public Servant must not permit (if in a position of authority) or engage
in:
a) Unauthorized or prohibited application or use of City resources; or
b) Use of City resources for private, business or political purposes except as lawfully
available to the public or specifically allowed by written City policy or ordinance; or
c) Negligent or intentional abuse, damage, loss, misuse, waste or theft of City resources.
2) It is a violation of this Section for a Public Servant to drive a City vehicle or operate City
equipment while under the influence of alcohol or illegal substances.
3) Public property is to be disposed of in accordance with Georgia Law. A Public Servant must
not buy or otherwise acquire City -owned property:
a) For less than fair market value except as the highest bidder at a public auction; or
b) In a manner not readily available to the general public.
4) It is a violation of This Code for a Public Servant to use public funds for any reason other
than the general welfare of the public.
5) City resources are to be used with efficiency and economy. A Public Servant who
deliberately and knowingly impedes government efficiency or economy violates this section.
(C) IMPROPER POSSESSION OF CITY RESOURCES
Former Public Servants having in their possession City -owned property (including identification
badges or uniform equipment) are subject to This Code and are in violation of it. This is a
misdemeanor punishable by fine or jail term.
SECTION 3.19 PROCUREMENT OF CITY RESOURCES
1) Georgia criminal law {§ 16 -10 -6} prohibits a City Officer or Employee from selling real or
personal property or services to the City. A violation of this provision can result in
imprisonment of not less than one year and is to be considered a violation of This Code.
The statute applies to all sales of real and personal property except:
a) Sales of personal property (e.g., temporary or moveable property such as merchandise)
of less than $200 per calendar quarter; and
b) Sales of personal property made in conjunction with sealed competitive bids made by
the Public Servant, either for self or on behalf of any business entity; and
c) Sales of real property in which a compliant disclosure has been made at least 15 days
before the contract to the Chatham County Judge of Probate Court.
2) A Public Servant must comply with all legislation and City Policies that govern the City's
acquisition of property, goods and services.
SECTION 3.20 POLITICAL CAMPAIGNS FOR CITY OFFICE
(A) COMMENTARY AND TERMINOLOGY
1) The provisions embedded in The Ethics in Government Act of the State of Georgia
{O.C.G.A. §§ 21 -5 -30 through 21 -5 -36} form the cornerstone of political campaign regulation
in the state.
2) This comprehensive and complex statute:
a) Applies to candidates, campaign committees and contributors to City political
campaigns. (A candidate has a special responsibility to encourage campaign
committees and contribution sources to comply with The Act); and
b) Requires reporting of significant private interests which might influence the discharge of
official duties and responsibilities: and
c) Demands accurate recordkeeping and proper reporting of campaign contributions and
other financing.
3) The Act places other restrictions and requirements on campaign contributions such as:
a) All campaign contributions must be made directly from the actual source to the
candidate or the candidate's campaign committee;
b) All contributions of $101 or more must be "reported" in accord with the Act;
c) All separate contributions of less than $101 knowingly received from a single source
must be aggregated and treated as a single contribution from the source;
d) A candidate or campaign committee cannot accept (during an election cycle) more than
$2000 for a general election or $1000 for a runoff election from any source;
e) Anonymous contributions are prohibited and, if received, must be sent to the Georgia
Treasury.
4) Money given to an elected office holder or candidate for elective office that is reported as a
campaign contribution may qualify as a gift or bribe. The Act's campaign disclosure and
finance requirements have in no way altered application of the bribery statute.
5) This Code treats political campaign contributions as benefits which may cause conflicting
interests.
(B) RULES AND VIOLATIONS
1) Persons subject to the Act have the obligation to know and understand how it affects them.
Failure to do so does not constitute an excuse for violating the Act or these rules.
2) An elected official or candidate for elective office may not accept or allow to be accepted a
political campaign contribution that causes the violation of the Act.
3) A candidate's or campaign committee's failure to comply with an applicable provision of the
Act will be regarded as a violation of This Code by the candidate.
4) If an aware candidate or campaign committee does not intervene to stop a contributor's
violation of the Act, the violation will be regarded as a violation of This Code by the
candidate.
5) A candidate has the responsibility to oversee accounting for and reporting of contributions.
In particular, a candidate must make sure that each individual contribution is associated with
the actual source. All contributions stemming from a single source must be aggregated to
determine the total amount contributed by that source during specific time periods. A
candidate's failure to ensure accurate identification of source and proper aggregation of
amounts during a specific time period constitutes a violation of This Code.
SECTION 3.21 POLITICAL RIGHTS AND ACTIVITIES
(A) POLITICAL RIGHTS
Public Servant's political rights include the right to:
a) Hold membership in and support a political party; and
b) Vote as they choose; and
c) Maintain political neutrality.
d) On their own time, outside of City workplaces, Public Servants may:
i) Attend political functions; and
ii) Actively campaign on behalf of candidates or ballot issues; and
iii) Express opinions on political subjects or candidates; and
iv) Voluntarily make, solicit or receive a political contribution that does not otherwise
violate This Code.
(B) RULES AND VIOLATIONS
1) To avoid violating This Code, a Public Servant must not attempt, successfully or not, to:
a) Deny another Public Servant's political rights; or
b) Persuade another Public Servant to forgo political rights; or
c) Promise reward or threaten consequences relative to another Public Servant's political
activity or choices.
2) A Public Servant must not attempt, successfully or not, to compel, convince, coerce or
intimidate any other Public Servant to:
a) Apply for membership in or become a member of any political organization; or
b) Take part in political activity on behalf of any individual, political party, group, ballot issue
or business organization.
3) It is a violation of This Code and Georgia law (O.C.G.A. § 45- 11 -10) for a Public Servant to
coerce or attempt to coerce, directly or indirectly, any other Public Servant to pay, lend, or
contribute any sum of money or anything else of value to any person, organization, or party
for political purposes. A person engaging in coercion is guilty of a misdemeanor.
4) A Public Servant must not exercise any official authority, power or influence for the purpose
of interfering with or affecting the result of an election.
5) A City Employee may not be a candidate in any City election.
6) A candidate in any City election may not serve as an active or otherwise contributing
member of any appointed City board, committee or commission during the candidacy.
7) No person may wear a City labeled or issued uniform or uniform part while taking part in a
political activity or use City resources on behalf of political candidates or ballot issues.
ARTICLE IV. ETHICS COMMISSION
SECTIONS
SECTION 4.01 CREATION AND COMPOSITION
SECTION 4.02 DUTIES AND POWERS
SECTION 4.03 MEMBER QUALIFICATIONS
SECTION 4.04 TERMS OF SERVICE
SECTION 4.05 THE FIRST ETHICS COMMISSION
SECTION 4.06 VOTING PANEL /AUXILIARY MEMBERS
SECTION 4.07 MEETINGS
SECTION 4.08 APPOINTMENTS /NOMINATIONS
SECTION 4.09 OFFICERS
SECTION 4.10 COMPENSATION, EXPENSES AND STAFFING
SECTION 4.11 COUNSEL
SECTION 4.12 LIMITATION OF LIABILITY
SECTION 4.13 ADVISORY OPINIONS
SECTION 4.14 COMPLAINTS
SECTION 4.15 FINAL AND CONCLUDING ACTION ON COMPLAINT CASES
SECTION 4.01 CREATION AND COMPOSITION
1) There is hereby created the Ethics Commission, an agency of the City of Tybee Island. By
creating the Commission, Council intends to:
a) Enhance the public's confidence in the integrity of City government and management;
and
b) Provide a facilitative and advisory resource that assists the City Council, the City
Manager and others to leverage, implement, administer and enforce This Code.
2) The Commission is to be composed of seven Principal Members and three Auxiliary
Members who participate in Commission matters on an as- needed basis. Members of the
Commission are to be appointed by City Council as set forth in this Article.
3) As used within this article, "Commission" means "the Ethics Commission" or any subset of
the Ethics Commission acting on behalf of the whole Commission.
SECTION 4.02 DUTIES AND POWERS
The Ethics Commission has the duty and authority to:
a) Establish (and amend as needed) bylaws, policies and procedures consistent with this
Code that govern internal organization and conduct of Commission affairs;
b) Schedule and hold Commission meetings as needed to discharge duties;
c) Receive and consider complaints that this code was violated;
d) 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;
e) Formally present or deliver the Commission's opinions to Council;
f) Make proposals or recommendations to the City Council for the adoption of any
revisions or amendments to this Ethics Code;
g) Publish opinions and other documents related to this code;
h) Engage in training activities;
i) Issue advisory opinions as provided in this Article;
j) 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.
2) Members of the Commission are subject to this Code. Each has special responsibility to
identify and acknowledge conflicting interests {SECTION 3.06} in Commission matters and
abide by the rules of recusal when the have conflicting interests in a pending commission
decision.
SECTION 4.03 MEMBER QUALIFICATIONS
1) 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.
2) For the duration of service on the Commission a Member must:
a) Reside in the City of Tybee Island; and
b) Be registered to vote in City Elections; and
c) Not hold any other elected office or become a candidate for elected office of the United
States, this state, this county, or the City;
d) Not be a City Employee;
e) Exhibit strong moral character and good citizenship;
f) Be fit to serve as a public servant {SECTION 2.09 }.
3) Statement of Qualification:
4)
STATEMENT OF QUALIFICATION: I, have interest in serving on
the Tybee Island Ethics Commission. I meet the qualifications set forth in the Ethics Code
Section: 4.03.
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
I am fit to serve as a Public Servant of the City of Tybee Island.
Signed Date
5) Statements of Qualification are to be retained by the Clerk of Council as official City records.
6) As a member of a City Agency having semi - judicial {SECTION 3.12} 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 Council as an official City record.
7) If Member becomes disqualified, he or she must resign from the Commission.
SECTION 4.04 TERMS OF SERVICE
1) Council intends for Commission members to serve two -year "staggered" terms so that 5
member terms expire during odd - numbered years and 5 member terms expire during even -
numbered years. To that end, there is to be associated with each of the ten Commission
positions a permanent position number. Principal Member positions are to be numbered 4
through 10. Auxiliary Member positions are to be numbered 1 through 3.
2) Members having odd position numbers are to serve terms expiring on the day before the
annual meeting in odd - numbered years after 2007. Members having even numbers are to
serve two year terms expiring on the day before the annual meeting in even - numbered
years after 2008. No terms will expire in 2007 or 2008.
3) Council may remove a member at any time, at will, with or without cause.
SECTION 4.05 THE FIRST ETHICS COMMISSION
1) Council is to appoint members to the first Ethics Commission no later than the City Council
meeting immediately following the enactment of This Code. The Mayor is to assign position
numbers {SECTION 4.04 above} to the first Commission members.
2) The letter of appointments from Council to the Commission should designate one of the
principal appointees to serve as temporary Commission chairperson until the Principal
Members elect a chair at the first meeting of the Commission. This letter should also
indicate the position number assigned to each appointee.
3) The temporary chair is to call a Commission meeting to be held within 14 days of receiving
the letter of appointments from Council.
4) A Commission Chairperson and Vice Chairperson are to be elected at the first Commission
Meeting. These first officers are to serve until the annual meeting in February 2009.
SECTION 4.06 VOTING OR AUXILIARY MEMBERS
1) The essential purpose for having Auxiliary Members is to alleviate problems caused by
vacated, unfilled principal positions, absences giving rise to the potential for tie votes or
quorum deficiencies and recusals.
2) Auxiliary Members are to attend Commission meetings and receive any materials or
correspondence distributed to Principal Members.
3) Whenever an auxiliary commission member is selected to assume the rights and
responsibilities associated with a vacant Principal position, the member is to exercise such
rights and discharges such duties and be a vacancy - related member of the Voting Panel
{see item 7) below} until the until the principal position is filled by Council appointment.
4) Whenever an auxiliary commission member is selected to assume the rights and
responsibilities associated with a Voting Panel member's absence from a meeting or part of
a meeting, he or she exercises such rights and discharges duties and becomes an absence -
related member of the Voting Panel for the duration of the absence (but not between
meetings).
5) A recused Voting Panel member will be considered absent throughout any consideration of
the recusal matter at a commission meeting or hearing. Accordingly, an available auxiliary
may be selected to join the Voting Panel during such consideration.
6) An Auxiliary Member serving on a Voting Panel does not assume the position number or
associated term of the absent member or vacated position.
7) "Voting Panel" means the group of commission members entitled to participate in a
Commission matter.
a) When the Commission is not in session (i.e., meeting), the Voting Panel is composed of
Principal Members and any Auxiliary Members serving in vacant principal positions.
b) During a commission meeting or hearing and for a particular matter, the Voting Panel is
composed of persons in attendance as follows:
i) Principal Members; and
ii) Vacancy - related Auxiliary Members; and
iii) Absence - related Auxiliary Members.
8) Commission bylaws and policies are to provide a fair process for selecting Auxiliary
Members to vacancy - related and absence - related Voting Panel members and to give
guidance to situations and circumstances that are not covered in preceding items of this
section.
SECTION 4.07 MEETINGS
1) 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.
2) The Ethics Commission is to hold an annual meeting in February.
3) The presiding Officer or a majority of the Voting Panel may call additional meetings on an
as- needed basis.
SECTION 4.08 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.
ANNUAL APPOINTMENTS
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, and Members serving as
Auxiliary Members may be appointed to Principal Positions
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 {
5) ANNUAL APPOINTMENTS }. This topic does not encompass mid -term vacancies.
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) After Council has been requested to appoint a person to fill a Primary vacancy, the Voting
Panel may select an Auxiliary Member to assume the responsibilities and rights of the
resigned member from the time the primary position becomes vacant until it is filled by
Council.
3) Council may appoint an Auxiliary Member to a vacated principal position or appoint a new
member to the position. Appointing an Auxiliary Member to a Principal position creates an
auxiliary vacancy which Council must fill. If the vacant position is an auxiliary position,
Council is to appoint a new member.
4) A person appointed by Council to fill a vacated position assumes the status (principal or
auxiliary), position number and the unexpired portion of the term associated with the former
member.
(B) 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 members
of the Ethics Advisory Board serving at the time this Code is enacted and 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.
SECTION 4.09 OFFICERS
1) At each annual meeting after February 2008, the Voting Panel is to elect 2 Principal
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 Principal Members.
2) An incumbent may be re- elected to serve as an officer.
3) 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.
4) 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.
SECTION 4.10 COMPENSATION, EXPENSES AND STAFFING
1) Members of the Ethics Commission are not to be compensated.
2) A member may request the City for reimbursement of reasonable expenses incurred as a
direct result of performing Commission duties.
3) The City Manager is to assign a capable staff member to serve as recording secretary and
to make available appropriate and sufficient meeting space.
4) 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.
5) The Clerk of Council and the City Manager are to provide other support requested by the
Commission and approved by Council.
SECTION 4.11 COUNSEL
1) 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 conflicting interests in a
complaint involving a Council member as respondent, complainant, or otherwise.
2) 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 with confirmation by City
Council. A person serving as Commission attorney is subject to This Code.
SECTION 4.12 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.
SECTION 4.13 ADVISORY OPINIONS
1) 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.
2) An advisory opinion is to be rendered only in response to a written request (from a Public
Servant) that fully describes the circumstances and the question to be answered. The
request must be signed, but the originator may request that his or her name be withheld
from the public.
3) A member of the Commission may submit a request for an advisory opinion.
4) Such advisory opinions are to be formulated during formal commission meetings and are to
be made part of the Commission's open records.
SECTION 4.14 COMPLAINTS
(A) IN GENERAL
1) For This Code to most effective, the public and Public Servants 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, Public Servant 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 article. 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 Public Servant (respondent) violated any provision of
this Code may submit a written, signed and sealed complaint declaration to the Clerk of
Council. The declaration, a written statement made under penalty of perjury, must meet the
qualifications described in the Complaint Policy.
2) The Clerk of Council's office is to deliver the sealed 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 complaint declaration is to be returned to the complainant with explanation for
the disqualification. If the respondent is a City Employee, an information -only copy of this
correspondence may be forwarded to the City Manager. If the complaint is not against a
City employee, the Commission may forward a copy of the correspondence to the intended
respondent.
6) A disqualified declaration may be corrected by the complainant and resubmitted as de novo
declaration.
(D) COMPLAINTS AGAINST CITY EMPLOYEES
Qualified complaints against employees are to be dealt with by the City Manager in a manner
consistent with this Code and the Complaint Policy (which is to require the City Manager to
report the outcome of the complaint to the Commission). The Commission may respond to the
City Manager's request for specific assistance in the handling of a complaint against an
employee.
(E) QUALIFIED COMPLAINTS AGAINST CITY OFFICERS
1) The Commission has the responsibility to investigate, hear, validate, and dispose of
complaints against Public Servants other than Employees 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.
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 public hearing 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 public hearings and in accordance with SECTION 3.12 of This Code. 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) Clear and convincing 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 Public Servant 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; restitution; or removal from office. Consequences for a malicious
or frivolous complaint from a person other than a Public Servant 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.
SECTION 4.15 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.
ARTICLE V. LANGUAGE AND DEFINITIONS
SECTIONS
SECTION 5.01 STARNDARDS
SECTION 5.02 DEFINITION GROUPS
SECTION 5.03 PUBLIC SERVANTS AND OTHER CITY TERMS
SECTION 5.04 OTHER PEOPLE AND ORGANIZATIONS
SECTION 5.05 DECISIONS AND MATTERS
SECTION 5.06 PARTICIPATION AND ACTION
SECTION 5.07 INTERESTS AND RELATIONSHIP
SECTION 5.08 GIFTS AND OTHER BENEFITS
SECTION 5.09 MISCELLANEOUS TERMINOLOGY
SECTION 5.01 STANDARDS
1) Unless otherwise stated or implied by context:
a) Terms, phrases, words and their derivatives that are not specifically defined in this
Article have their common and ordinary meanings unless the context suggests
otherwise;
b) All underlined terms used in the definition of any other term have meaning as otherwise
defined in this Article;
c) Use of any tense (past, present, or future) encompasses the other tenses (e.g. "has"
also means "had" and "will have ");
d) Terms used in the plural include the singular, and words used in the singular include
The plural (for example, "public Servants must not ..." also means "A Public Servant
must not..." ;
e) The terms "must ", "must not" and "may not" are mandatory;
f) "May" when used without "not" is permissive.
2) When a right or duty pertains to the holder of a specific position, such as the Mayor, City
Manager or Clerk of Council, the same right or duty pertains to any designee to whom the
holder of the position may lawfully delegate the right or duty.
SECTION 5.02 DEFINITION GROUPS
(A) BENEFITS, GIFTS GRATUITIES
See SECTION 5.03 below.
Actual Source of Benefit, Aggregate Benefit Amount, Benefactor, Benefit, Gift, Gratuity, Political Campaign
Contribution, Prohibited Source
(B) DECISIONS AND MATTERS
See SECTION 5.04 below.
City Decision, Matter, Legislative Decision, Pending Decision, Public Hearing. Decision, Real Property
Decision, Semi - Judicial Decision, Sensitive Personnel Decision
C) INTERESTS AND RELATIONSHIPS
See SECTION 5.05 below.
Associative Property Interest, Conflict Of Interest, Conflicting Interest, Corporative Interests, Direct Financial
Interest, Distinctive Interest, Indirect Financial Interest, Outside Income Interest, Ownership Interests,
Substantial Personal Interests, Substantial Private Interests
(D) MISCELLANEOUS TERMS
See SECTION 5.06 below.
Common Effect, Confidential Information, Distinctive Effect, Distinctively Affect, Due Process, Has
Knowledge Of / Should Have Knowledge Of, Sensitive Information, Subject To {O. C. G. A. § 36 -67A, et
seq.
(E) OTHER PEOPLE AND ORGANIZATIONS
See SECTIONS 5.07 below.
Applicant, Business Entity, Client, Customer, Dependent, Family Member, Household Member, Influential
Contributor, Opponent, Outside Employer, Party, Person, Proponent, Relative, Significant Other Person
(F) PARTICIPATE OR ACT
See SECTION 5.08 below.
Abstention, Discretionary, Authority, Entitled To Contribute, Mandatory Action, Official Action, Participate /
Participation, Recusal, Routine Task
(G) PUBLIC SERVANTS AND OTHER CITY TERMS
See SECTIONS 5.09 below.
City, City Agency, City Council, City Officer, City Official, Council, Council Member, Employee, Hearing
Agency, Hearing Official, Political Candidate, Public Servant, Staff, Voting Agency
SECTION 5.03 BENEFITS, GIFTS, AND GRATUITIES
1) AGGREGATE BENEFIT AMOUNT: At a particular point in time, the aggregate benefit
amount from a particular source to a Public Servant is the sum of the following amounts:
a) The aggregated amount of political campaign contributions received from the source
since January 1 preceding the most recent City election (for example, January 1, 2005
during 2006 and most of 2007);
b) The aggregated amount of political campaign contributions received from the source
since the most recent City election;
c) Money owed to or guaranteed by the source (including that owned by or guaranteed
for Household members);
d) aggregate value of gifts from the source received or promised during the prior
calendar year and the current calendar year (except if This Code was enacted during
the prior or current calendar years, the value of all other benefits received or promised
since the enactment of This Code).
2) ACTUAL SOURCE OF BENEFIT
3) BENEFACTOR: At a point in time, a party from whom or which a Public Servant has
received an aggregate benefit amount of $500 or more is the Public Servant's
benefactor.
4) BENEFIT: is something value offered to accepted by or promised to a Public Servant or to a
party with whom or which he or she has a substantial personal interest. Something is a
benefit to a Public Servant if it is from a source other than the recipient's substantial
personal and it is:
a) Anything considered to be a gift to the Public Servant;
b) A political campaign contribution (for City Elections, as defined in
{O. C. G. A. § 21- 5 -30, et seq.} For the Public Servant;
c) A loan or credit guarantee to the Public Servant or household member from a
source other than a bona fide financial institution or substantial personal interest.
5) GIFT: All of the following gratuities (received or promised) are considered to be gift
accepted by a Public Servant and recorded as such:
a) A gratuity offered to and received by / promised to the Public Servant;
b) A gratuity solicited by the Public Servant on behalf of a substantial personal interest
and received by / promised to the interest;
c) A gratuity offered to and received by / promised to a household member of the
Public Servant if:
i) The Public Servant has knowledge or should have knowledge of the gratuity;
ii) The aggregate benefit amount from the source is $250 or more.
6) GRATUITY: A "gratuity" is something having financial value that is requested, offered,
promised or given with the understanding that the source will not receive equivalent
payment or other consideration from recipient. The value of the gratuity is the difference
between it's worth and the worth of any consideration from the recipient to the source. A
gratuity can take many forms, including money, favor, credit discount, coupon, service,
use of property, low interest rate on a loan, travel, entertainment, hospitality, gratuity,
gratuities, to a household member or a promise of something. The term "gratuity" does
not apply to the following if accepting such would not otherwise violate This Code or
other applicable law:
a) Something received from the recipient's substantial personal relationship;
b) A political campaign contribution authorized by law;
c) Local event courtesy tickets given to Council Members, public officials and /or public
servants by event sponsors provided they are offered or made available to all Council
Members, public officials and /or public servants on the same basis;
d) An occasional meal consumed during business hours in conjunction with an official
meeting with the source;
e) Retail discounts offered or made available to the general public or to all City
Employees on the same basis and frequency;
f) Promotional or advertising items (visibly labeled with the name of the source) having
value Tess than $50 that are generally distributed to Public Servants;
g) Something accepted on behalf of the City that subsequently becomes City property;
h) Food and other refreshments consumed on City property during business hours;
i) City Services, use of City facilities or other things of value provided by the City which
are generally available on the same terms and conditions to all Public Servants, other
City residents or to the general public;
j) Lawful, policy- adherent payment of compensation, salary, benefits, fees, commissions
or expenses reimbursements associated with the recipient's City position or nonpublic
business, employment, trade or profession that are clearly and verifiably not made to
influence the
recipient's participation in City matters;
k) Non - monetary, publicly presented awards, plagues, certificates of recognition, or
similar items recognizing a Public Servant's civic, charitable, political, professional or
public service;
I) Something that is clearly and verifiably not connected to a Public Servant's City
Position;
m) Something specifically allowed by an opinion of The Ethics Commission, otherwise
approved in advance by The Ethics Board, or (in the case of a particular Employee and
specific occasion) approved by the City Manager;
n) An unsolicited tangible object relating to a special occasion, such as wedding,
anniversary, graduation, birth, illness, death, retirement, or holiday provided the object
has value of $50 or less and the aggregate total gratuities (including the object) from the
source to the Public Servant or his substantial personal interest during the current
calendar year is $100 or less;
7) POLITICAL CAMPAIGN CONTRIBUTION: {O. C. G. A. § 21- 5- 30 -36} defines as a "gift,"
subscription, membership, loan, forgiveness of debt, advance or deposit of money or
anything of value conveyed or transferred for the purpose of influencing the nomination
for election or election of any person for office including anything that can be reasonably
construed as a campaign contribution.
8) PROHIBITED SOURCE: A party from whom / which a Public Servant must not solicit or
accept a gift. A party is Public Servant's prohibited source if:
a) The party is not the Public Servant's substantial personal interest:
b) The party has interest(s) or represents interest(s) which have realistic potential to be
involved in or distinctively affected by the Public Servant's performance of City duties or
participation in City decisions;
c) The Public Servant knows or should know about he party's interest(s).
EXAMPLE: A party seeking to do business with the City is prohibited source for any
Public Servant entitled to contribute to decisions regarding that party.
SECTION 5.04 DECISIONS AND MATTERS
1) CITY DECISION: A City Decision is a City matter the outcome of which followed or will
follow the exercise of discretionary choice, influence or authority by one or more Public
Servant, "Matter" and "Decision" are used interchangeably.
2) LEGISLATIVE DECISION: A City decision is not a semi judicial decision because of its
common effect on the public. Decisions involving determination of budget, taxation rates
or other general policy that affects a substantial segment of the City's residents and /or
property owners are legislative decisions.
3) MATTER: Matter means, unless the context indicates otherwise, any act, action, agenda
item, allegation, application, amendment, auction, bill, business, case, charge, claim,
consideration, measure, offer, order, ordinance, permit, personnel action, petition, policy,
presentation, procedure, privilege, proceeding, project, proposal, proposition, purchase,
recommendation, regulation, rental, request, resolution sale, subject, transaction, use,
variance or other discretionary choice.
4) PENDING DECISION: A City Decision for which a concluding outcome has not been
determined.
5) PUBLIC HEARING DECISION: A City decision for which there is a legally enforceable
requirement that the matter by considered in public hearing(s) prior to their being a final
and concluding decision he matter.
6) REAL PROPERTY DECISION: A decision involving zoning, and development code or
Master Plan action that, by law or Council declaration, must be considered at one or
more public hearings prior to a concluding decision. Real property decisions fall within
the scope of Section 3.13.
7) SEMI - JUDICIAL DECISION: A pubic hearing decision that requires members of a
City Agency to act more like judges than legislators. Within This Code a public hearing
decision is a semi judicial decision if:
a) Members of a hearing agency will vote as to whether existing, applicable law allows or
prohibits a proposed action (or allowed or prohibited a past action;
b) The concluding decision will have distinctive effect (rather than common effect)
within the City.
8) SEMI - JUDICIAL REAL PROPERTY DECISION: A real property decision that is also a semi -
judicial decision. A real property decision is a semi - judicial real
property decision if it involves:
a) An applicant (originator) other than a City agency;
b) Proposed action having no realistic potential to yield realized benefit to a majority
of property owners falling within the scope of the action;
c) A documented opinion by the City Attorney that semi- judicial rules apply.
9) SENSITIVE PERSONNEL DECISION: A variance from the City's nepotism
ordinance, a decision to hire, appoint, promote, transfer or advance a person who
has a substantial private relationship with a City Official, or a similar situation that
should be disclosed.
SECTION 5.05 INTERESTS AND RELATIONSHIPS
Within This Code "interest" usually refers to a party with which a Public Servant has particular
kind of relationship. Having an interest equates to having a relationship. Interest and
relationship are used interchangeably.
1) ASSOCIATIVE PROPERTY INTEREST: A person has associative property interest in:
a) Real property on which the party has a formal or informal option to purchase;
b) A proposed structure to be situated on land in which the person has ownership
interest;
c) Real property that is:
i) Leased, in whole or in part, by the party;
ii) The subject of a pending contract (with or without contingencies) that, if executed
would establish or remove the party's ownership interest in the property;
iii) Involved in a pending real property decision originated by or on behalf of the
person;
iv) That is situated within 500 feet of property in which the person has ownership
interest.
2) CONFLICT OF INTEREST: The term "conflict of interest" is intentionally not used in
This Code as a material term.
3) CONFLICTING INTERESTS: See Section 3.06 for more precise definition. Generally, a
Public Servant has conflicting interests in a pending City decision (or has conflicting
interests in a past City decision) if he or she:
(a) Is entitled to contribute to a City decision;
(b) Has substantial private interest in the matter.
4) CORPORATE INTEREST: A person has corporate interest in a for - profit entity (other
than one established o owned by the City) for which the person:
a) Serves as a corporate office or member of the board of directors or other governing
body;
b) Substantial direction, with or without compensation.
(5) DIRECT FINANCIAL INTEREST: A person's direct financial interests include:
a) His or her outside income interests;
b) His or her ownership, associative property and corporate interests;
c) A household member's outside income, ownership, property and corporate interests
of which the person has knowledge or should have knowledge.
(6) DISTINCTIVE INTEREST: An interest of a particular party or group that is not general
interest.
(7) INDIRECT FINANCIAL INTEREST: A Public Servant has indirect financial interest in /
relationship with:
a) The current outside employer of a substantial personal interest (other than self or
household member);
b) The ownership, property and corporate interests of a substantial personal interest
(other than self or household member) of which he has or has reason to have
knowledge.
(8) OUTSIDE INCOME INTEREST: A person's outside income interests include any party,
other than the City or other government agency that is:
a) an outside employer during any part of the previous 24 months;
b) An individual having formal or informal power and / or authority to terminate the
person's current outside employment or to otherwise influence the outcome of personnel
decisions that distinctively affect the person;
c) A party with whom or which the person has had (within the past 12 months)
meaningful discussion about future outside employment;
d) The source of alimony or child support payments;
e) The source of rental or lease income;
f) A client.
(9) OWNERSHIP INTERESTS: Within This Code, only people have ownership interests. The
assets of a business entity are deemed to be the possessions of the owners or the
agents. Liens or debts are not to be considered in determining ownership. A person
has ownership interests in the following:
a) Any property (e.g., buildings, land, equipment) to which he or she has full or partial
legal title, right or claim;
b) An entity (and the assets associated with it) in which the person has any amount of
effective ownership or any level of equity or for which he or she provides substantial
direction, with or without compensation;
c) A property formerly owned by the person that was transferred to the current owner as
a gift;
d) A creditor or guarantor or $1000 or more;
e) The tangible assets of a trust or estate of which the person is a beneficiary.
Monetary assets (e.g. bank accounts) are not ownership interests.
Equity in an entity whose stock is traded on a national stock exchange is not an
ownership interest.
(10) SUBSTANTIAL PERSONAL INTEREST: A person's substantial personal interests
include:
a) Self;
b) Household members,
c) Relatives;
d) Significant other person;
e) The household members of relatives:
f) Non - governmental civic groups, unions, and social, charitable, or religious
organizations of which he or she is an officer, director founding member or clergy
member.
Note that a person's substantial personal interests do not include the financial interests
of a substantial personal interest.
11) SUBSTANTIAL PRIVATE INTEREST: refers to a someone or something with whom or
which a Public Servant has a personal, financial or political relationship that is strong
enough to cause a reasonable person aware of the relationship to double the Public
Servant's ability to act objectively or impartially on pending City decisions affecting or
involving the interest. A person's substantial private interests include:
a) Substantial personal interest;
b) Direct financial interests;
c) Benefactors and their household members and direct financial interests of which the
person has or should have knowledge;
d) A person receiving $250 or more in political campaign (for City office) contributions
or a person for whom the Public Servant has served on a political campaign committee.
SECTION 5.06 MISCELLANEOUS TERMINOLOGY
1) COMMON EFFECT: A change, decision, outcome, consequence, impact, benefit or other
result that affects (or affected or has the potential to affect) a category of people,
property or things in a non- discriminative, similar manner. Something that affects the
general public, a significant segment of the general public, all members of a profession,
or all owners of real property to the same degree is a general effect. An increase in
garbage service fees is, for example, a general effect.
2) CONFIDENTIAL INFORMATION: Sensitive information lawfully known to a current or
former Public Servant which may not by law be disclosed or discussed with anyone
other that another Public Servant having lawful knowledge of the same information.
3) DISTINCTIVE EFFECT: A change, consequence, impact, benefit or other result that is not
common effect.
4) DISTINCTIVELY AFFECT: Distinctively affect means to produce a distinctive effect.
5) DUE PROCESS: See Section 3.12 - B.
6) HAS OR SHOULD HAVE KNOWLEDGE OF: See "knows or should know" Section 5.06 - 7.
7) KNOWS OR SHOULD KNOW: Means that a person knows about something, has reason to
know about something or with reasonable consideration or effort could have learned
about it.
8) SENSITIVE INFORMATION: Information pertaining to the property, governing operations,
policies or affairs of the City, known to a current or former Public Servant because of
current or former City position, that is not generally available to the public.
9) SUBJECT TO O. C. G. A. § 36 -67A, et seq.: With regard to a particular real property
decision, a person is subject to O. C. G. A. § 36 -67A, et seq., if:
a) On the application date for the matter, the person was an Influential Contributor to a
Council Member or Planning commission member (hearing official);
b) The matter is a re- zoning matter;
c) The influential contributor is an applicant, proponent or opponent of the matter.
SECTION 5.07 OTHER PEOPLE AND ORGANIZATION
1) APPLICANT: A party other than the City that originated a formal proposal for a particular city
action or any other party representing or acting on behalf of such originator.
2) BUSINESS ENTITY: Any organization, regardless of form, whether or not operated for profit,
(Including but not limited to any corporation, general or limited partnership, sole
proprietorship, joint venture, association, firm, institution, trust, person or foundation)
recognized by law through which business may be conducted. Within This Code, the
term "entity" does not apply to a corporation having stock that is traded on a national or
regional stock exchange.
3) CLIENT: A person's customer to whom or for which goods or services:
a) Where provided under circumstances that call for bookkeeping practices that itemize
transactions by customer name, date, and amount;
b) Had an aggregate value of $1000 or more during the prior calendar year or $500
during the current calendar year.
4) CUSTOMER: If a person knows or should know that a business or corporate interest has
supplied goods or services to apart, the part is the person's customer. If a person
receives a sales commission based wholly or partially on the value of goods and
services an outside employer supplied to a party, the party is the person's customer.
5) DEPENDENT: Someone claimed by a person as a dependent on his / her most recent
federal income tax return.
6) FAMILY MEMBER: A household member or relative.
7) HOUSEHOLD MEMBER: A person's household member is someone who resides with the
person in a shared residential unit that is the primary house for both. Someone living
in a person's residence as a condition of employment is not a household member. A
dependent of any Member of a household is a household member.
8) INFLUENTIAL CONTRIBUTOR: The source of political campaign contributions to current or
former political candidate that have, during a particular 24 month period, an aggregate
value of $250 or more.
9) OPPONENT: A party who or which (or the representative of such):
a) Formally appears before a voting agency during a public hearing to argue against a
proposed action;
b) Contacts a hearing official to argue against a proposed action.
10) OUTSIDE EMPLOYER: If a person is receiving payments that should be reported to IRS as
Salaries or wages, any source of such payments (other than the City or government
agency) is the person's outside employer.
11) PARTY: An individual (person), persons, business entity, group or organization other than
the City.
12 PERSON: A member of the general public without regard to whether or not he or she is a
Public Servant.
13) PROPONENT: A party who or which (or the representative of such):
a) Formally appears before a voting agency during a public hearing to argue for a
proposed action;
b) Contacts a member of the agency to argue for a proposed action.
14) RELATIVE: A person's relative is someone:
a) Who is not a member of the person's household;
b) Who is the spouse, child, parent, sibling or grandparent of:
i) The person;
ii) The person's household member.
SECTION 5.08 PARTICIPATION OR ACTION
1) ABSTENTION: See SECTION 3.07 - C - 4.
2) DISCRETIONARY AUTHORITY: The official power to exercise any judgment in a decision
or action.
3) ENTITLED TO CONTRIBUTE: Means that under routine / ordinary circumstances a Public
Servant, by virtue of City position, direction, designation or appointment would be
expected to participate in a particular City decision. For Example, the Mayor is entitled
to participate in determining the outcome for a proposed new ordinance (a pending City
decision) by asking questions or stating his opinion on the ordinance and may further
participate by voting on the outcome if there is a tie vote amongst other members of
Council. If a Public Servant's contribution to a decision is a mandatory action, he or she
is not entitled to contribute to the decision.
4) MANDATORY ACTION: Official action on the part of a Public Servant that:
a) Is specifically required by statute, rule or regulation of the state of Georgia or the
United States or by a preemptive City ordinance;
b) It is routine task that has a prescribed outcome;
c) Is spontaneous or urgently required action necessitated by a bona fide emergency
situation;
d) Is "In the Tine of duty" action by a public safety Employee that complies with
departmental policies and rules (e. g., police officer or firefighter).
5) OFFICIAL ACTION: Any act, approval, decision, directive, disapproval, inaction, order,
performance, nonperformance, recommendation, vote, or other result of a Public
Servant's participation in a City decision.
6) PARTICIPATE AND PARTICIPATION: Participation is a Public Servant's exercise of
discretionary choice, influence and /or authority that has realistic potential to affect the
outcome of a City decision. Participate means to act or fail to act and encompasses (but
is not limited to) voting, discussing, communicating, deliberating, recommending,
advising, attempting to influence or engaging in any other form of official action.
Participation applies tot he following:
a) Being absent for the purpose of not voting;
b) Deliberately failing to act on a matter to avoid having adverse impact on a substantial
private interest;
c) Supervising the participation of a subordinate in the matter;
d) Appearing at portions of non - public meetings concerned with the matter;
e) Assuming responsibility for any aspect of the work or decision - making relating to a
decision;
f) Approving a permit or license;
g) Deliberate failure to enforce a law.
7) RECUSAL: See SECTION 3.08
8) ROUTINE TASK: Work (to be) performed by following official procedures, policies or other
authoritative direction to reach a prescribed or approved outcome. A routine task does
not require a Public Servant to perform independent decision - making to reach a proper
outcome of the task. Code and Law enforcement responsibility are not "routine tasks"
because they involve the exercise of independent judgment.
SECTION 5.09 PUBLIC SERVANTS AND OTHER CITY TERMS
1) CITY: The City of Tybee Island, Georgia.
2) CITY AGENCY: City Council or any other entity established by the City, including City
commissions.
3) CITY COUNCIL: The elected officials of the City, including the Mayor.
4) CITY OFFICER: A City Official who is not an Employee. City Officer applies to the City
Manager.
5) CITY OFFICIAL: Except as otherwise indicated, City Official means any of the following:
a) A council member;
b) Any compensated person reporting directly to Council, including the City Attorney,
City Manager, Clerk of Council as well as a person reporting directly to one of these;
c) Municipal court judges (including substitute judges);
d) A person holding a position designated by the City Charter, as it may be amended
from time to time;
e) An Employee having law enforcement authority, Code enforcement authority or
approval authority over any City- issued permit, license, or inspection;
f) A person appointed by Council to a City commission, committee, board, task force, or
other City body unless specifically exempted from this ordinance by City Council.
6) COUNCIL: The City Council.
7) COUNCIL MEMBER: An elected official of the City.
8) EMPLOYEE: If capitalized, the word Employee refers to a person working within the
jurisdiction of the City Manager. (Within This Code, the City Manager is not considered
to be an Employee).
9) HEARING AGENCY: A City Agency empowered to hold public hearings.
10) HEARING OFFICIAL: A hearing official is a member of a Voting Agency in attendance at a
public hearing held by the agency.
11) POLITICAL CANDIDATE: A sitting Council Member, someone running for elective office or
someone whom ran for elected office and is still subject to
Georgia law { O. C. G. A. § 21 -5 -30 -36 };
12) PUBLIC SERVANT: A Public Servant is a person whose relationship with the City (at any
point in time after the enactment of this ordinance) is such that he or she know or should
know that some part of This Code applies to him or her. The term Public Servant
encompasses:
a) City Officers;
b) City Employees or someone acting as such ;
c) An agent, volunteer, or other person appointed or legally authorized by contact or in
any other manner to act in any capacity under the authority of the City;
d) An individual scheduled to become an elected official, appointed official and
employee;
e) A candidate for public office;
f) A person who was previously one of the individuals listed above or who by election,
appointment, selection or contract will become such.
13) STAFF: All persons working under the jurisdiction of the City Manager.
14) VOTING AGENCY: A City agency that reaches decisions, recommendations or advisory
opinions by was of voting.
This Ordinance shall become effective on 15th day of July, 2007.
ADOPTED THIS 24th DAY OF May, 2007.
)4R
ATTEST:
CLERK OF COUNCIL
FIRST READING: 4/26/07
SECOND READING: 5/24/07
ENACTED: 7/15/07