§ 2-826. Independent compliance officer/jurisdiction/training.

(a)

There is hereby created as a full time salaried position an independent compliance officer for the city. The independent compliance officer must be an active member of the Georgia Bar Association in good standing with at least five years' experience in the practice of law. The independent compliance officer shall be appointed by a majority of the members of the board of ethics and independent compliance for a period of five years, subject to confirmation by a majority of the council and approval by the mayor. Removal of the independent compliance officer before the expiration of the designated term shall be for cause by a majority vote of the members of the board of ethics and independent compliance.

(b)

The independent compliance officer shall not engage in city election political activities and may not make campaign contributions to candidates in city elections during their term. A violation of this subsection shall constitute cause for removal as described in this section.

(c)

Jurisdiction. The independent compliance officer shall have the non-exclusive jurisdiction to investigate and take appropriate action regarding:

(1)

The performance and financial operation of all departments, offices, boards, activities and agencies of the city as referred by the city auditor upon the city auditor's determination that perceived deficiencies discovered during the city auditor's official duties indicate the presence of waste, fraud, and or abuse;

(2)

Matters under the purview of independent Procurement Review as referred by the city auditor upon the city auditor's determination that perceived deficiencies discovered during such review indicate the presence of waste, fraud or abuse;

(3)

Allegations of waste, fraud, or abuse by departments, offices, boards, activities and agencies of the city the independent compliance officer determines independently to be appropriate, or properly referred as outlined in this section;

(4)

Allegations of violations of chapter 2, article X; of chapter 3; or chapter 114 of the City Code of Ordinances against the following classes of officials and employees:

a.

Elected officials;

b.

Employees appointed or hired directly by an elected official;

c.

Members of any city boards, authorities, commissions, etc. having city representation, whether created or appointed to by the city, and any employees thereof; and

d.

Hearing officers.

(d)

Duties and Responsibilities. The duties of the independent compliance officer shall include, but not be limited to, the following:

(1)

Educating and training employees and officials in matters under the jurisdiction of the independent compliance officer as approved by the Atlanta City Council pursuant to this division;

(2)

Maintaining applicable records of the board of ethics and independent compliance as required by the Georgia Open Records Act;

(3)

Meeting with the board of ethics and independent compliance;

(4)

Investigating allegations against and recommending specific disciplinary, punitive, or other adverse action, authorized by this division or chapter 114 of the City Code of Ordinances, to be taken against the classes of officials and employees specified in and in accordance with subsection (c) of this section;

(5)

Forwarding allegations, reports, and factual determinations regarding violations of laws, rules, regulations, and internal policies related to matters under the jurisdiction of the independent compliance officer to the disciplinary/appointing authority of any officials or employees not specified in subsection (c) of this section, for action in accordance with chapter 114 of the City of Atlanta Code of Ordinances;

(6)

Conducting investigations into matters under the jurisdiction of the independent compliance officer referred by the ethics officer, the board of ethics and independent compliance, the mayor, the Atlanta City Council, and the city auditor;

(7)

Monitoring, evaluating and acting upon information obtained from an "independent compliance hotline" which shall be a city telephone number for the receipt of information about violations of matters under the jurisdiction of the independent compliance officer, or by an employee of the city pursuant to section 3-508 of the City Charter. Each complaint, as of the time it is reported, whether by telephone or otherwise, shall be deemed to be a separate pending investigation of a complaint against a public officer or employee as provided by the Georgia Open Records Act;

(8)

Urging compliance with laws, rules, regulations, and internal policies related to matters under the jurisdiction of the independent compliance officer by calling to the attention of the board of ethics and independent compliance any failure to comply or any issues, including the furnishing of false or misleading information, that the independent compliance officer believes should be investigated by the board so that the board may take such action as it deems appropriate;

(9)

Notifying the subject of a report of any alleged violation of a law, rule, regulation, or internal policy related to matters under the jurisdiction of the independent compliance officer, whether the report is anonymous, made by an identified individual or is written. Such notice shall be given in writing, by facsimile or hand delivery, to the subject of the complaint at the same time and in the same form that any disclosure of information is required by the Georgia Open Records Act;

(10)

Notifying the board of ethics and independent compliance of any report of an alleged violation of a law, rule, regulation, or internal policy related to a matter under the jurisdiction of the independent compliance officer received by the independent compliance officer;

(11)

Reporting, as appropriate, suspected violations of a law, rule, regulation, or internal policy related to a matter under the jurisdiction of the independent compliance officer to the board of ethics and independent compliance;

(12)

Reporting, as appropriate, suspected criminal violations to the local, state or federal law enforcement agency with proper jurisdiction; and

(13)

Reporting, as appropriate, suspected ethical violations of this division to the ethics officer;

(14)

Issuing reports which provide recommended standards of practice to the applicable departments, offices, and boards of city government following a determination by the city auditor of deficiencies;

(15)

Filing with the board of ethics and independent compliance, the mayor, and the council each January a written report describing the activities of the independent compliance officer in carrying out the goals of their office and those of the board.

(e)

Training. The independent compliance officer shall include in its annual report filed with the board of ethics and independent compliance, the mayor, and the council each January in accordance with this section, a determination of area(s) of greatest concern on which the independent compliance officer proposes to conduct training during the calendar year of the report for approval by the council.

( Ord. No. 2019-22(19-O-1038), 9, 3-12-19 )