§ 2-804. Board of ethics and independent compliance.

(a)

There is hereby continued in existence an independent board of ethics and independent compliance to consist of eleven members, all of whom shall be known for their personal integrity and all of whom shall be residents of and domiciled in the city. It is further urged that the members of the board of ethics and independent compliance shall reflect the diversity of the city with regard to race, color, creed, religion, gender, marital status, parental status, familial status, sexual orientation, national origin, gender identity, age and disability. At all times, at least four members shall be attorneys licensed to practice law in the State of Georgia.

(b)

Appointments to the independent board of ethics and independent compliance shall be made by the mayor and city council, the governing authority of the City of Atlanta. Nominations to the board may be made by the following organizations:

(1)

The Atlanta Bar Association may nominate one member, chosen from the attorney members of the association;

(2)

The Gate City Bar Association may nominate one member, chosen from the attorney members of the association;

(3)

The Atlanta Business League may nominate one member, chosen from the organizations that are members of the league, which member shall not be an attorney;

(4)

The Metro Atlanta Chamber of Commerce may nominate one member from the organizations that are members of the chamber, which member shall not be an attorney;

(5)

The Atlanta-Fulton County League of Women Voters may nominate one member, which member shall not be an attorney;

(6)

The Atlanta Planning Advisory Board may nominate one member, which member shall not be an attorney nor an officer of a neighborhood planning unit;

(7)

The seven major universities/colleges within the city (Georgia State University, Georgia Institute of Technology, Clark Atlanta University, Emory University, Morehouse College, Morris Brown College, and Spelman College) may collectively nominate one member;

(8)

The National Association of State Auditors, Comptrollers, and Treasurers, may nominate one member, chosen from the members of the association;

(9)

The Association of Certified Fraud Examiners may nominate one member, chosen from the members of the association;

(10)

The Georgia Society of Certified Public Accountants may nominate one member, chosen from the members of the society, which member shall not be an attorney;

(11)

The Prosecuting Attorneys Council of Georgia may nominate one member, chosen from the attorney members thereof, which member shall have experience as a prosecuting attorney.

(c)

The members shall each serve for terms of three years; without compensation. The members shall elect a chair and develop their own organization internally.

(d)

The position of a member of the board shall be deemed vacated:

(1)

Upon the expiration of his or her term;

(2)

Upon the death of a member or the disability or incapacity of a member for more than 90 days;

(3)

Upon the written resignation of the member, tendered to the board;

(4)

By the member ceasing to be a resident of the city; or

(5)

Upon removal of the member for good cause by a majority vote of the board;

(6)

Nominees for the board of ethics and independent compliance, the independent compliance officer, and the ethics officer shall be subject to an education and employment background check as well as a criminal history check Nominees shall execute all releases necessary for the department of personnel and human resources and the department of police to accomplish the same. If the nominee is determined to have committed a felony, the nomination shall be withdrawn.

(e)

Members shall be prohibited from engaging in city election political activities and from making campaign contributions to candidates in city elections during their terms as board members. Violations of this subsection may be punished by removal from board membership by a majority vote of the members.

(f)

The board shall:

(1)

Elect a chair by majority vote of the serving members. Each chair will serve a one-year term and shall be eligible to serve as chair in successive years.

(2)

Elect a vice-chair to preside in the absence of the chair. The vice-chair will serve a one-year term and shall be eligible to serve as vice-chair in successive years.

(3)

Elect a secretary to provide administrative assistance to the board.

(4)

Hold regular monthly meetings at City Hall. Such meetings shall be televised. All meetings of the board shall be conducted as required by the Georgia Open Meetings Act.

(5)

Conduct its business only with a quorum. A majority opinion of the members sitting at any hearing shall govern as to decisions of the board. In no event shall a decision of the board be voted upon by fewer than four members.

(6)

Be free to contract for the services of a competent court reporter to take down statements, testimony and discussions at its meeting or to use in lieu thereof a competent person adept at shorthand reporting and/or mechanical transcribing devices, whichever method is from time to time desired by the board, such services to be paid for by the city.

(7)

Maintain all records in the office of the ethics officer, or the office of the independent compliance officer, as required by the Georgia Open Records Act.

(8)

Report, as appropriate, suspected ethical and criminal violations to state or federal law enforcement agencies.

(9)

Notify the ethics officer or the independent compliance officer of any report of an alleged violation of the code of ethics or of matters under the jurisdiction of the independent compliance officer received by the board.

(10)

Establish procedures to notify the subject of any report of an alleged violation of the code of ethics or of matters under the jurisdiction of the independent compliance officer as required by the Georgia Open Records Act.

(g)

The city shall pay all administrative costs, including those specifically stipulated in this section, pertaining to the operation of the board.

(h)

The board shall have the authority to prescribe rules and regulations pursuant to this division to administer the financial disclosure process and to issue opinions under this division. The board shall prescribe appropriate financial disclosure forms, instructions and methods of disclosure as required to comply with the requirements of disclosure of income and financial interests found at section 2-814.

(i)

Except as otherwise provided in this division, the meetings of the board will be governed by Robert's Rules of Order.

(j)

The board shall render an ethics advisory opinion based upon a real or hypothetical set of circumstances, when requested in writing by anyone who is an official or employee of the city or a member of a board, council, committee or commission who is personally involved in a matter requiring interpretation of the ethics code. Any person requesting an opinion in accordance with this section who has made a full and complete disclosure of all relevant facts shall be entitled to rely on the opinion or finding of the board as a guide to the conduct of such person in the person's relations to and with the city. Compliance with the opinion or finding of the board shall serve in mitigation in any proceedings against such person for violation of this division. Advisory opinions based upon current law shall be maintained as required by the Georgia Open Records Act.

(k)

The board shall have the authority to investigate any alleged violation of the code of ethics as follows:

(1)

Upon a sworn written complaint by any person in a form prescribed by the board;

(2)

Upon the request of the ethics officer; or

(3)

Upon the determination by a majority of the board that any matter should be investigated.

(l)

The board shall have the authority to investigate any alleged violation under the jurisdiction of the independent compliance officer as follows:

(1)

Upon a sworn written complaint by any person in a form prescribed by the board:

(2)

Upon the request of the independent compliance officer; or

(3)

Upon the determination by a majority of the board that any matter should be investigated.

(Ord. No. 2002-27, § 1, 4-10-02; Ord. No. 2002-45, § 1, 5-28-02; Ord. No. 2017-52(17-O-1490), § 1, 9-5-17 ; Ord. No. 2018-59(18-O-1662), § 1, 11-28-18 ; Ord. No. 2019-22(19-O-1038), § 2, 3-12-19 ; Ord. No. 2019-24(19-O-1149), § 1, 4-24-19 )