§ 2-807. Violations; appeals.

(a)

Any intentional violation of this division, a matter under the jurisdiction of the independent compliance officer, or the furnishing of false or misleading information to the board, the ethics officer, the independent compliance officer, or the failure to follow an opinion rendered by the board or the failure to comply with a subpoena issued by the board pursuant to this division shall subject the violator to any one or more of the following:

(1)

Administrative sanction of not more than $1,000.00 assessed by the board;

(2)

Public reprimand by the board; and

(3)

Prosecution by the city solicitor in municipal court and, upon conviction, to a fine of up to $1,000.00 per violation and up to six months imprisonment, whether the official or employee is elected or appointed, paid or unpaid. Nothing in this section shall be interpreted to conflict with state law. An action for violation of this division or the furnishing of false or misleading information or the failure to comply with a subpoena issued by the board must be brought within two years after the violation is discovered.

(b)

With regard to violations by employees, in addition to the remedies in paragraph (a) the board may recommend any one or more of the disciplinary actions set forth in section 114-502.

(c)

With regard to violations by persons other than officials or employees, in addition to the remedies in paragraph (a) the board may recommend to the purchasing director any one or more of the following:

(1)

Suspension of a contractor; and

(2)

Disqualification or debarment from contracting or subcontracting with the city.

(d)

The decision of the board after a hearing shall be final; provided, however, that such proceeding shall be subject to review by writ of certiorari to the superior court of the county. The board's designee shall be authorized to acknowledge service of any such writ and shall, within the time provided by law, certify and cause to be filed with the clerk of the superior court a record of the proceedings before the board, the decision of the board and the notice of the board's final actions.

(e)

The value of any gratuity transferred or received in breach of the provisions of this division may be recovered from either the receiving official or employee or the person or entity providing the gratuity, for deposit in the City of Atlanta General Fund.

(f)

All violations of this division shall be prosecuted in accordance with chapter 62, article II, division 2 of this Code.

(Ord. No. 2002-27, § 1, 4-10-02; Ord. No. 2019-22(19-O-1038), § 2, 3-12-19 )