§ 2-7. Code of ethics.

(a)

Declaration of policy. It is the policy of the city that the proper operation of democratic government requires that public officials be independent, impartial and responsible to the people; that governmental decisions and policy be made in proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all city officials is adopted.

(b)

Purpose. This code has the following purposes: (1) to encourage high ethical standards in official conduct by city officials; (2) to establish guidelines for ethical standards of conduct for all such officials by setting forth those acts or actions that are incompatible with the best interest of the city; (3) to require disclosure by such officials of private financial or other interest in manners affect the city; and (4) to serve as a basis for disciplining those who refuse to abide by its terms.

The provisions of this section shall not apply to political contributions, loans, expenditures, reports or regulation of political campaigns or the conduct of candidates in such campaigns.

(c)

Scope of persons covered.

The provisions of this code of ethics shall be applicable to all members of the city council, planning and zoning commission, board of zoning appeals, all advisory commissions, and committee members.

(d)

Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

City official or official, unless otherwise expressly defined, means the mayor, members of the city council, municipal court judges (including substitute judges), city manager, assistant city managers, city clerk, deputy city clerks, whether such person is salaried, hired or elected, and all other persons holding positions designated by the City Charter, as it may be amended from time to time. City official, unless otherwise expressly defined, includes individuals appointed by the mayor and city council to all city commissions, committees, boards, task forces, or other city bodies unless specifically exempted from this section by the city council.

Decision means any ordinance, resolution, contract, franchise, formal action or other matter voted on by the city council or other city board or commission, as well as the discussions or deliberations of the council, board, or commission which can or may lead to a vote or formal action by that body.

Discretionary authority means the power to exercise any judgment in a decision or action.

Entity means a sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, receivership, trust or any other entity recognized by law through which business may be conducted.

Immediate family means spouse, mother, father, brother, sister, son, or daughter of any city official.

Incidental interest means an interest in a person, entity or property which is not a substantial interest and which has insignificant value.

Remote interest means an interest of a person or entity, including a city official, who would be affected in the same way as the general public. The interest of a council member in the property tax rate, general city fees, city utility charges, or a comprehensive zoning ordinance or similar decisions in incidental to the extent that the council member would be affected in common with the general public.

Substantial interest means a known interest, either directly or through a member of the immediate family, in another person or entity: (1) the interest is ownership of five (5) percent or more of the voting stock, shares or equity of the entity or ownership of five thousand dollars ($5,000.00) or more of the equity or market value of the entity; or (2) funds received by the person from the other person or entity either during the previous twelve (12) months or the previous calendar year equaled or exceeded five thousand dollars ($5,000.00) in salary, bonuses, commissions or professional fees or five thousand dollars ($5,000.00) in payment for goods, products or nonprofessional services, or ten (10) percent of the recipient's gross income during that period, whichever is less; (3) the person serves as a corporate officer or member of the board of directors or other governing board of the for-profit entity other than a corporate entity owned or created by the city council; or (4) the person is a creditor, debtor, or guarantor of the other person or entity in an amount of five thousand dollars ($5,000.00) or more. Substantial interest in real property means an interest in real property which is an equitable or legal ownership with a market value of five thousand dollars ($5,000.00) or more.

(e)

Standards of conduct.

(1)

No council member or member of any board or commission shall use such position to secure special privileges or exemptions for such person or others, or to secure confidential information for any purpose other than official responsibilities.

(2)

No council member or member of a board or commission, in any matter before the council, board or commission in which he has a substantial interest, shall fail to disclose for the common good for the record such interest prior to any discussion or vote.

(3)

No council member or member of a board or commission shall act as an agent or attorney for another in any matter before the city council or any board or commission.

(4)

No council member or commissioner shall directly or indirectly receive, or agree to receive, any compensation, gift, reward, or gratuity in any matter or proceeding connected with, or related to, the duties of his office except as may be provided by law.

(5)

No council member or member of any board or commission shall enter into any contract with the city except as specifically authorized by state statutes. Any council member or member of a board or commission who has a proprietary interest in an agency doing business with the city shall make known that interest in writing to the city council and the city clerk.

(6)

All public funds shall be used for the general welfare of the people and not for personal economic gain.

(7)

Public property shall be disposed of in accordance with Georgia law.

(8)

No city official shall solicit or accept other employment to be performed or compensation to be received while still a city official or employee, if the employment or compensation could reasonable be expected to impair in judgment or performance of city duties.

(9)

If a city official accepts or is soliciting a promise of future employment from any person or entity who has a substantial interest in a person, entity or property which would be affected by any decision upon which the official might reasonably be expected to act, investigate, advise, or make a recommendation, the official shall disclose the fact to the board or commission on which he serves or to his supervisor and shall take no further action on matters regarding the potential future employer.

(10)

No city official shall use city facilities, personnel, equipment or supplies for private purposes, except to the extent such are lawfully available to the public.

(11)

No city official or employee shall grant or make available to any person any consideration, treatment, advantage or favor beyond that which it is the general practice to grant or make available to the public at large.

(f)

Prohibition of conflict of interest. A city official may not participate in a vote or decision on a matter affecting a person, entity, or property in which the official or employee has a substantial interest; in addition, a city official or employee who serves as a corporate officer or member of the board of directors of a nonprofit entity may not participate in a vote or decision regarding funding by or through the city of the entity. Where the interest of a city official or employee in the subject matter of a vote or decision is remote or incidental, the city official or employee may participate in the vote or decision and need not disclose the interest.

(g)

Exemptions. This Code shall not be construed to require the filing of any information relating to any person's connection with, or interest in, any professional society or any charitable, religious, social, fraternal, educational, recreational, public service, civil or political organization, or any similar organization not conducted as a business enterprise or governmental agency, and which is not engaged in the ownership or conduct of a business enterprise or governmental agency.

(h)

Miscellaneous.

(1)

Severability. The provisions of this ordinance are severable. If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or application.

(2)

Penalty. Any persons violating any provisions of this policy are subject to:

a.

Written and oral reprimand by the council, board, commission or committee of which said violator a member;

b.

A fine greater than one hundred dollars ($100.00) but less than five hundred dollars ($500.00) to be imposed by the council, commission, board or committee of which the violator is a member.

c.

Request for resignation by the council, board, committee or commission of which the violator is a member.

Each council, board, commission or committee shall have authority to establish rules and regulations to impose said penalties.

(Ord. No. 2002-20, §§ I—VIII, 9-16-02)