§ 2-1483. Liability of city officers and employees for unauthorized contracts.

If any officer or employee of the city shall create any actual legal liability against himself or herself or the city under the following circumstances:

(1)

Such officer or employee requests or knowingly permits any person to proceed or to continue with the performance of any construction or services for the city, or to provide supplies to the city; and

(2)

The construction or service, or the provision of supplies was not duly authorized by the city council or the mayor or the mayor's designee, in accordance with the Atlanta City Charter and this code of ordinances, prior to the performance of the construction, service, or provision of supplies, and such officer or employee knew or should have known such fact; and

(3)

The contractor or supplier expends money, incurs liability or otherwise acts to its financial detriment in reliance upon the representation of the city officer or employee involved;

then in such event, if the chief operating officer and department head, in the case of an employee, or the mayor, in the case of an appointed official, as the case may be, determines that such circumstances exist, that there are no mitigating or extenuating factors sufficient to justify the actions of the officer or employee, and that just cause exists for the discharge of the offending officer or employee of the city, then such offending officer or employee shall be discharged from his or her employment with the city, subject to the labor-management relations ordinance in chapter 114, article VI of this code, where appropriate.

(Ord. No. 2009-78(09-O-1876), § 13, 12-15-09)