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Chapter 23 - ETHICS
Footnotes:
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Editor's note— Ord. No. 54-2011, adopted July 28, 2011, repealed former Ch. 23, Arts. 1, II, in its
entirety and enacted new provisions as set out in the attachment to said ordinance. Former Ch.
23 pertained to similar subject matter and derived from Ord. (4) of Dec. 11, 2008.
ARTICLE I. - GENERAL
Sec. 23-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
City off/c/a/shall be any person who is an elected official of the City of Tybee Island and
anyone appointed by the mayor and council of the city to any board, commission, authority, or
position of the city. City official shall not include paid employees of the city who come under the
city manager's control or the city manager, city attorney, city clerk, or a municipal court judge. A
paid employee under the control of the city manager, the city manager, the city clerk, the city
attorney and the municipal court judges shall be held to the same ethical standards as a "city
official."
Government or cityshall be construed to mean the City of Tybee Island, Georgia government.
Immediate famllyshall apply to blood or marital relationships of the city official, including a
city official's spouse, children, parents and siblings and shall further include any member of an
official's household.
(Ord. No. 54-2011, (Attach.), 7-28-2011; Ord. No. 05A-2017 , § 1, 7-13-2017)
Sec. 23-2. - Acceptance of gifts.
With exception of campaign contributions which shall be reported in accordance with Georgia
Laws, no city official shall solicit or accept directly or indirectly anything of value from any person,
corporation, or group which has, or is seeking:
(1) To obtain, contractual or other business or financial relationships with the
City of Tybee Island;
(2) Where in exchange for the thing of value one seeks to have a city official
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exercise a matter of discretion in his or her favor; or
(3) Where in exchange for the thing of value one seeks to have or has interests
which may be affected by the performance or nonperformance of the official
duty of the city official, accomplished, defeated, deferred or otherwise acted
upon.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-3. - Intent.
It is the intent of this section that city officials avoid any action whether or not specifically
prohibited by section 23-2 which might result in, or create the appearance of, the following:
(1) Using public office for private gain;
(2) Impeding government efficiency or economy; or
(3) Affecting adversely the confidence of the public in the integrity of the
government; or
(4) Purposefully or intentionally violating laws involving moral turpitude as
defined by Georgia law.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-4. - Financial interests of members.
City officials may not:
(1) Have direct or indirect financial interests that conflict substantially with their
responsibilities and duties as government servants; or
(2) Engage in, directly or indirectly, financial transactions as a result of, or
primarily relying upon, information obtained from their office. Aside from
these restrictions, city officials are free to engage in lawful financial
transactions to the same extent as private citizens.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-5. - Use of public property.
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A city official shall not use city government property of any kind for other than officially
approved activities, nor direct employees to use such property for the personal purposes of such
official.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-6. - Use of confidential information.
A city official shall not directly or indirectly, make use of, or permit others to make use of, for
the purpose of furthering a private interest, official information not made available to the general
public.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-7. - Coercion by city official.
A city official shall not use his or her position in any way to coerce, or give the appearance of
coercing, another person to provide any financial benefit to him or her or persons within his or
her immediate family, or those with whom an official has business or financial ties.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-8. - Voting in matters of personal interest.
A city official shall not participate in any matter and shall recuse him/herself on an ordinance
or amendment in a meeting that would directly affect his or her private business, business
interests, property; nor such interests of his or her immediate family.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-9. - Unauthorized purchases.
A city official shall not order any goods and services for the City of Tybee Island, nor obligate
the city funds for any payment, without prior official authorization for such an expenditure.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-10. - Meetings of the council.
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Meetings of the council shall be conducted in accordance with O.C.G.A., Tit. 50, Ch. 14, as
amended, and O.C.G.A. § 36-80-1, as amended, as it applies to municipalities.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-11. - City attorneys used for private business.
A city official shall not use the attorney or attorneys who are under retainer by the City of
Tybee Island for personal or private business without paying just compensation.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-12. - Unauthorized use of public employees.
A city official shall not use his or her superior position to request or require an employee to:
(1) Do clerical work on behalf of his or her family, business, social, church or
fraternal interests;
(2) Purchase goods and services to be used for personal, business, or political
purposes,
(3) Work for him or her personally without offering just compensation; and/or
(4) Perform work allegedly for the benefit of the city without prior official
authorization.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-13. - Travel expenses.
A city official shall not draw per diem or expense monies from the City of Tybee Island to
attend a seminar, convention, or conference and then fail to attend the seminar, convention, or
conference without refunding the pro -rata unused per diern or expense monies of the city. This
not to include cancellation fee(s) for good cause.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-14. - Presumption.
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In reference to acts or omissions on which the city attorney has given an opinion, an official
acting consistently with the opinion shall be presumed to be acting in accordance with the
obligations imposed under the ethics ordinance and not in violation thereof, however the final
determination as to whether or not a violation has occurred is to be determined by the ethics
commission and/or city council as otherwise provided.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-15. - Penalties.
The code of ethics to be observed by city officials are set forth herein, and any violation
thereof, shall subject the offender to disciplinary action which may include censure and either
public or private reprimand. Power to administer a greater punishment shall include power to
administer the lesser. Further, in cases involving intentional acts, the general penalties of the
Code of Tybee Island may be used as disciplinary action for violations of the code of ethics.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Secs. 23-16-23-30. - Reserved.
ARTICLE II. - ETHICS COMMISSION
Sec. 23-31. - Creation and composition.
(a) There is hereby created the ethics commission, an agency of the City of Tybee
Island. By creating the commission, council intends to:
(1) Enhance the public's confidence in the integrity of city government and
management; and
(2) Provide a facilitative and advisory resource that assists the city council, the
city manager and others to leverage, implement, administer and enforce this
code.
(b) The commission is to be composed of seven. Members of the commission are to
be appointed by city council as set forth in this chapter.
(c) As used within this chapter, "commission" means "the ethics commission" or any
subset of the ethics commission acting on behalf of the whole commission.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
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Sec. 23-32. - Duties and powers.
(a) The ethics commission has the duty and authority to:
(1) Establish (and amend as needed) bylaws, policies and procedures consistent
with this Code that govern internal organization and conduct of commission
affairs;
(2) Schedule and hold commission meetings as needed to discharge duties;
(3) Receive and consider complaints that this code was violated;
(4) Interpret this code as it applies to complaints of violation and other issues in
order to reach opinions as to whether certain actions, behaviors, or conduct
constitute violation of this code;
(5) Formally present or deliver the commission's opinions to council;
(6) Make proposals or recommendations to the city council for the adoption of
any revisions or amendments to this ethics code;
(7) Publish opinions and other documents related to this code;
(8) Engage in training activities;
(9) Issue advisory opinions as provided in this chapter;
(1 0) Initiate any investigation or perform any other function determined by the
commission to be essential to fulfilling its purpose or discharging duties
established within this code.
(b) Members of the commission are subject to this code. Each has special
responsibility to identify and acknowledge any conflict of interest in commission
matters and abide by the rules of recusal when he/she has a conflict of interest in
a pending commission decision.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-33. - Member qualifications.
(a) Upon appointment to the commission, a person must have resided in the city for
at least one year, be registered to vote in city elections and have signed a
statement of qualification.
(b) For the duration of service on the commission a member must:
(1) Reside in the City of Tybee Island;
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(2) Be registered to vote in city elections;
(3) Not hold any other elected office or become a candidate for elected office of
the United States, this state, this county, or the city;
(4) Not be a city employee; and
(5) Exhibit strong moral character and good citizenship.
(c) Statement of qualification:
STATEMENT OF QUALIFICATION: I, , have interest in serving on the Tybee
Island Ethics Commission. I meet the qualifications set forth in the Ethics Code.
I have resided in the City of Tybee Island for at least one year.
I am registered to vote in City elections.
I do not hold elected City office.
I am not a candidate for elected office of the United States, this state, this county, or
this City.
Signed Date
(d) Statements of qualification are to be retained by the clerk of council as official city
records.
(e) As a member of a city agency having semi judicial function, a person is to take an
oath of office before each term of service as a commission member. The mayor is
to administer the oath. A written representation of the oath is to be signed by the
appointee and retained by the clerk of council as an official city record.
(f) if member becomes disqualified, he or she must resign from the commission.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-34. - Terms of service.
(a) Those members of the commission currently serving as of the adoption of this
chapter shall continue to serve under their original appointment and for the full
term thereof.
(b) Council intends for commission members to serve two "staggered" terms.
(c) Members having odd position numbers are to serve terms expiring on the day
before the annual meeting in odd -numbered years. Members having even
numbers are to serve two-year terms expiring on the day before the annual
meeting in even -numbered years.
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(d) Removal of members of the ethics commission other than by resignation or
expiration of term shall be for cause as determined by the mayor and council
following a public hearing. As used herein, "cause" shall include but not be limited
to, failure to attend meetings of the ethics commission on a regular basis; when
there is a recommendation from the ethics commission for conduct allegedly
reasonably calculated to result in the ethics commission, the city or the city council
being held up to ridicule; while a member, conviction of a crime which is a felony
or misdemeanor involving moral turpitude or dishonesty, or of an ordinance
violation involving moral turpitude or dishonesty; a lack of qualification as
determined by the ethics commission and/or the mayor and council; and conduct
or circumstances determined by the mayor and council to justify removal in the
best interest of the city. There is no property right in an appointment and the
existence of cause as grounds for removal is not to be considered as creating any
property right in the appointed position, nor is the existence of any hearings or
procedures to be deemed or considered as creating any property right.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-35. - Voting.
(a) "Voting panel" means the group of commission members entitled to participate in
a commission matter.
(1) When the commission is not in session (i.e., meeting), the voting panel is
composed of members.
(2) During a commission meeting or hearing and for a particular matter, the
voting panel is composed of Members in attendance.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-36. - Meetings.
(a) Except as allowed or required by state law, all meetings of the ethics commission
are to be open to the public, publicized as required by state law and compliant
with all requirements imposed by the Georgia open records and meetings laws.
(b) The ethics commission is to hold an annual meeting in February.
(c) The presiding officer or a majority of the voting panel may call additional meetings
on an as -needed basis.
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(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-37. - Appointments and nominations.
(a) Appointments to fill vacancies.
(1) Each vacated commission position is to be filled by council appointment
based on majority vote or other method adopted by council.
(2) No person appointed to serve on the first commission or any commission
thereafter is to be considered "the appointee" of a particular council member.
(b) Annual appointments. This topic does not encompass mid-term vacancies.
(1) On the day before the annual meeting in 2009 and on each such day
thereafter, the terms of five members expire. At the last regular council
meeting in January of each year after 2008, council is to appoint five members
to fill the positions with expiring terms.
(2) Members associated with expiring terms may be reappointed.
(3) The mayor is to assign odd position numbers to the members appointed
during odd -numbered years. Likewise, the mayor is to assign even position
numbers to members appointed during even numbered years.
(4) Commission bylaws or policies are to give guidance to situations and
circumstances that are not covered in preceding items of this topic.
(c) Mid-term vacancies.
(1) When any member vacates or announces intention to vacate a commission
position before the associated term of service expires, the presiding officer is
to request council to appoint a member to the position. The request may be
accompanied by nominations from the voting panel.
(2) A person appointed by council to fill a vacated position assumes the status,
position number and the unexpired portion of the term associated with the
former member.
(d) Nominations.
(1) Any person interested in serving on the commission may nominate
themselves by submitting a completed qualification form to the clerk of
council. This applies to incumbent members occupying commission positions
with approaching term expiration dates.
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(2) Council may solicit additional nominations for commission membership from
the general public, from council members or from the ethics commission. The
clerk of council is to contact such nominees for the purpose of determining
their interest and/or to have them sign a statement of qualification.
(3) Council intends that the appointment process not interfere with the
effectiveness of the commission. Ideally, at any point in time, there will be
several nominees so that, when necessary, the appointment process will be
expedited.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-38. - Officers.
(a) At each annual meeting after February 2009, the voting panel is to elect two
members to serve as chairperson and vice -chairperson of the commission. These
officers are to serve as such until the next annual meeting. If for some reason the
voting panel fails to elect a chair or vice -chair at an annual meeting, the incumbent
may remain in office until a successor is properly elected by the members.
(b) An incumbent may be re-elected to serve as an officer.
(c) If the chair or vice -chair leaves office before the term of office expires but remains
on the commission, the voting panel is to elect a principal member to serve in the
office until the next annual meeting.
(d) If an office becomes vacant because of a principal position vacancy, the voting
panel is to elect a replacement officer after the principal position is filled by council
appointment.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-39. - Compensation, expenses and staffing.
(a) Members of the ethics commission are not to be compensated.
(b) A member may request the city for reimbursement of reasonable expenses
incurred as a direct result of performing commission duties.
(c) The city manager is to assign a capable staff member to serve as recording
secretary and to make available appropriate and sufficient meeting space.
(d)
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The clerk of -council or designee is to serve as the filing clerk for the commission,
receive complaints and to publish notices of ethics commission meetings upon
request of the commission's presiding officer.
(e) The clerk of council and the city manager are to provide other support requested
by the commission and approved by council.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-40. - Counsel.
(a) The city attorney is to be the legal advisor for the ethics commission except in
circumstances where doing so would result in the city attorney's conflict of interest
in a complaint involving a council member as respondent, complainant, or
otherwise.
(b) If the commission requires legal services that the city attorney cannot provide or is
not available to provide, the commission is to be represented and assisted in
carrying out its responsibilities by an attorney appointed by the ethics commission
and confirmed by council. A person serving as commission attorney is subject to
this code.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-41. - Limitation of liability.
To the fullest extent permitted by law, no member of the ethics commission, or any person
acting on behalf of the ethics commission, is to be liable to any person for any damages arising
out of the enforcement or operation of this ethics code except in the case of willful or wanton
misconduct. This limitation of liability is to apply to the city, the members of the ethics
commission and any person acting under the direction of the ethics commission.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-42. - Advisory opinions.
(a) The commission may render an advisory opinion based on a real or hypothetical
set of circumstances and the commission's interpretation of this code as it applies
to the circumstances.
(b)
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An advisory opinion is to be rendered only in response to a written request (from a
city official) that fully describes the circumstances and the question to be
answered. The request must be signed.
(c) A member of the commission may submit a request for an advisory opinion.
(d) Such advisory opinions are to be formulated during formal commission meetings
and are to be made part of the commission's open records.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-43. - Complaints.
(a) In general.
(1) For this code to be most effective, the public and city officials must have
access to a fair, expedient, effective and evolving complaint process that is
not encumbered by the need to amend this code. To that end, the
commission is to develop, publish and maintain a complaint policy that
explains procedures to be followed, timeframes to be honored and the roles,
responsibilities and rights of the complainant, city official alleged to have
violated this code and members of the commission.
(2) The policy may include steps, options or requirements beyond the general
provisions contained in this chapter. If, at any point in time, such policy does
not address the requirements of a particular complaint, the commission is to
make formal adjustment to the policy to ensure the fair and appropriate
handling of the complaint and such complaints thereafter. As the complaint
policy evolves, revisions are subject to the approval of the city attorney
and/or city council. The essential components of the complaint policy are
outlined in the following provisions of this section.
(b) Restraints The policy is to specify the restraints, if any, that apply to the
commission, the complaint and/or the person against whom a complaint is filed
(the respondent).
(c) To discourage the filing of ethics complaints solely for political purposes,
complaints may not be accepted against any person, whether currently serving as
a city official or not, from 90 days prior to the beginning of the qualifying process
for the elected office at issue through the date the election results for that office
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are certified. The time for filing complaints will not run during this period. Properly
filed complaints will be accepted and processed after the election results have
been certified.
(d) Submission and qualification.
(1) A person (complainant) alleging that a city official (respondent) violated any
provision of this code may submit a written and signed complaint declaration
to the clerk of council. The declaration, a written statement made under
penalty for false swearing, must meet the qualifications described in the
complaint policy.
(2) The clerk of council's office is to deliver the declaration of complaint to the
presiding commission officer who thereafter communicates the complaint to
commission members.
(3) Subsequently commission members, in a manner consistent with the _
complaint policy, are to determine if the complaint qualifies for further
action.
(4) A disqualified complaint declaration is to be returned to the complainant and
otherwise dealt with in a manner consistent with the complaint policy.
(5) A disqualified declaration may be corrected by the complaint and
resubmitted as de novo declaration.
(e) Qualified complaints against city officials.
(1) The commission has the responsibility to investigate, hear, validate, and
dispose of complaints against city officials in a manner consistent with this
code and the complaint policy.
(2) The commission is to inform (by registered mail) the respondent of the
complaint and of a reply due date and a case review date. The complaint and
other pertinent documents are to be attached to this correspondence.
(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
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violation of this code, The case is to be dismissed unless a majority of the
voting panel agrees that such evidence exists. The complaint policy is to
provide details for closing a dismissal.
(5) If the case is not dismissed, the commission is to hold a hearing at a public
meeting for the purposes of reaching a complaint opinion (decision) as to
whether or not the respondent violated the code. The hearing is to be
conducted in accordance with those conventionally associated with hearings
at public meetings. The complainant and the respondent are to have the
opportunity to be heard and to have witnesses at the hearing.
(6) After the hearing, voting panel members are to reach a decision (complaint
opinion) as to whether or not the respondent violated this code. Such
decision is to be based on:
a. Preponderance or greater weight of the evidence presented at the
hearing; and
b. The declarations submitted by the complainant and respondent; and
c. Panel member's conscientious and compliant interpretation and
application of this code to the evidence.
(7) The complaint opinion is to be documented consistent with the complaint
policy. This documentation is to include a statement of remedial or
consequential actions that the commission deems appropriate. Such actions
may be applicable to the respondent or to the complainant. Consequences
for a city official may include, but are not limited to, private warning, training
on the subject of the violation, public warning or reprimand, public censure
and/or apology and/or restitution. Consequences for a malicious or frivolous
complaint from a person other than a city official may include misdemeanor
charges.
(8) The documented opinion is to be forwarded to clerk of council who will
distribute the opinion to council members, the complainant, the respondent
and the city attorney in preparation for a final and concluding action on the
part of council.
(f) A person (complainant) alleging that the city manager, the city attorney, the city
clerk, or a municipal court judge violated any provision of his code may submit a
written and signed complaint to the mayor and council. The mayor and council
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shall consider such complaint and follow the procedure for investigation and
holding a hearing in the same or similar fashion as the ethics commission as set
forth in subparagraphs (e)(1)—(7) hereinabove.
Complaints against a city employee under the control of the city manager shall be forwarded
to the city manager for his or her review and consideration with the city manager following the
procedure for investigation and holding a hearing in the same or similar fashion as the ethics
commission as set forth in subparagraphs (e)(1)—(8) hereinabove.
(Ord. No. 54-2011, (Attach.), 7-28-2011; Ord. No. O5A-2017. § 1, 7-13-2017)
Sec. 23-44. - Final and concluding action on complaint cases.
Final and concluding decisions for complaint cases are to be made at the final council
meeting of each month. Advisory opinions related to such decisions are to be listed as main
agenda items for this meeting. The city attorney is to develop and implement a process for
council to consider the opinions.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-45. - Right to appeal.
Any final decision by the city council pursuant to this code of ethics shall be reviewable by the
Superior Court of Chatham County. The review by the superior court shall be limited to an inquiry
to whether there was any evidence before the city council which supported the decision of the
city council. Provided however, no action of the city council refusing or failing to take action
pursuant to this code of ethics shall be reviewable by the superior court.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-46. - Legal fees.
The city council may direct the payment of legal fees for a city official who successfully
defends an ethics complaint up to a maximum of $5,000.00 upon a determination that the city
official acted in good faith and that the services of an attorney were appropriate and reasonably
necessary under the circumstances.
(Ord. No. 05A-2017. § 1, 7-13-2017)
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