08 LC 21
9802/AP
House
Bill 1302 (AS PASSED HOUSE AND SENATE)
By:
Representatives Glanton of the
76th,
Johnson of the
75th,
Starr of the
78th,
Sinkfield of the
60th,
Jordan of the
77th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide a code of ethics for the Clayton County School System; to provide for
prohibited practices; to provide for disclosure; to provide for an ethics
commission; to provide for membership; to provide for appointment and vacancies;
to provide for eligibility; to provide for duties and powers; to provide for
compensation; to provide for complaints; to provide for hearings and actions; to
provide for sanctions; to provide for appeals; to provide for a training
program; to provide for related matters; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
As
used in this Act, the term:
(1)
"Board" means the Clayton County Board of Education.
(2)
"Commission" or "ethics commission" means the ethics commission created by
Section 3 of this Act.
(3)
"Relative" means an officer´s or employee´s spouse and the following
relationships by consanguinity or affinity: father, mother, son, daughter,
brother, sister, grandparent, and grandchild. For purposes of this section, the
term "relative" shall also include any other person living in the household of
the officer or employee.
SECTION
2.
(a)
Except as otherwise provided by general law, no elected official, appointed
officer, or employee of the Clayton County School System or of any office,
department, or agency thereof shall knowingly:
(1)
Engage in any business or transaction with or have a financial or other personal
interest, direct or indirect, in the affairs of the Clayton County School System
which would result in a financial benefit, except for a financial benefit of a
nominal or incidental amount, to the official, appointed officer, employee, or
relative of such person or which would tend to impair the independence of
judgment or action in the performance of official duties;
(2)
Engage in or accept private employment from or render services for private
interests when such employment or service is incompatible with the proper
discharge of such person´s official duties or would tend to impair his or
her independence of judgment or action in the performance of his or her official
duties;
(3)
Disclose information or use information, including information obtained at
meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A.,
concerning the property, government, or affairs of the Clayton County School
System or any office, department, or agency thereof that is not available to
members of the general public and gained by reason of his or her official
position for his or her personal gain or benefit, to advance his or her
financial or other private interest, or to advance the financial or private
interest of any other person or business entity;
(4)
Represent private interests in any action or proceeding against the school
system or any office, department, or agency thereof;
(5)
Vote or otherwise participate in the negotiation or the making of any contract
with any business or entity in which he or she, or his or her relative, has a
financial interest;
(6)
Solicit, accept, or agree to accept gifts, loans, gratuities, entertainment,
transportation, lodging, meals, any ticket of admission, discounts, payment, or
service, except those of a value less than $50.00, from any employee, student,
parent, person, firm, or corporation which to his or her knowledge is interested
directly or indirectly in any manner whatsoever in business dealings with the
school system or any office, department, or agency thereof; provided, however,
that an elected official who is a candidate for public office may accept
campaign contributions and services in connection with any
campaign;
(7)
Advertise business and professional services to the school system or its
employees for personal gain;
(8)
Use district resources for personal or commercial enterprise;
(9)
Vote or otherwise participate in an appointment, employment, or promotion
decision related to a relative;
(10)
Vote or otherwise participate in an appointment, employment, or promotion
decision of a person when the public official knows or should know that such
vote or participation would create a direct or indirect monetary benefit or
economic opportunity;
(11)
Have a personal interest, directly or indirectly, in school real estate, school
textbooks, or school materials and supplies of any kind whatsoever;
(12)
Sell, solicit, or offer for sale to the board or to any official or employee of
the board, directly or indirectly, any kind of school real estate, textbooks, or
school materials and supplies, or receive any salary, bonus, or commission on
any such sale;
(13)
Have a financial interest in school buses, bus equipment or supplies, provide
services for buses owned by the board, or sell gasoline to the board from a
corporation in which the board member is a shareholder;
(14)
Use property of the school system for personal benefit or profit except in
accordance with policies and procedures promulgated by the board;
or
(15)
Vote or participate in discussions or deliberations at any meeting of the board
or any committee of the board of any issue before the board in which the board
member or a relative of the board member has matters involving consideration of
his or her conduct, matters which would inure to his or her financial or
personal interests, or matters which would be a conflict of
interest.
(b)
No elected official shall:
(1)
As a consequence of his or her position accept any honoraria. As used in this
paragraph, the term "honoraria" means a payment of money or anything of value
for any appearance, discussion, speech, or article by such official, or for
travel and subsistence expenses in excess of any actual and necessary expenses
in connection with such appearance, discussion, or speech; or
(2)
Either directly or indirectly solicit membership in any professional
organization or labor union which represents employees of the school
system.
(c)(1)
Any elected official, appointed officer, or employee of the school system who
has any financial interest, directly or indirectly, in any contract or matter
pending before or within any office, department, or agency of the school system
shall disclose such interest in writing to the board. Any board member who has
a financial interest in any contract or matter pending before the board shall
disclose such interest, in writing, and such disclosure shall be entered on the
records of the board. The disclosure of any salary received by a board member
from the school system or any entity doing business with the school system may
be accomplished by naming the entity and position held by the board member with
such entity. Interest and dividends from entities doing business with the
school system which are listed on a national stock exchange or have more than
100 stockholders do not have to be disclosed. Likewise, the disclosure of any
salary received by an immediate relative of the board member may be accomplished
by naming the relative and the position held. The board member also shall
disqualify himself or herself from participating in any decision or vote
relating thereto.
(2)
Any contract between the school system and another party shall be voidable or
rescindable at the discretion of the board at any time if any elected official,
appointed officer, or employee has any interest in such contract and does not
disclose such interest in accordance with the provisions within this
Act.
(d)
Prior to January 31 of each year, each elected official shall disclose publicly
the identity of any relative employed by the Clayton County School System to the
executive assistant to the board on such form as prescribed by the
board.
SECTION
3.
(a)
Appointed officers and employees of the school system may be punished for
violation of the provisions within this Act as provided in this
section.
(b) Appointed officers and employees not subject to civil service or covered by the provisions of O.C.G.A. Section 20-2-940, et seq., shall have the right to request a hearing before the board upon written charges being provided to such officer. At such hearing, the officer shall have the right to be heard, to be represented by counsel, and to require the attendance of witnesses and the production of relevant books and papers. If, after the hearing, the accused is found guilty as charged, he or she may be suspended or dismissed from the service of the school system by a majority vote of the members of the board.
(c) Employees covered by the provisions of O.C.G.A. Section 20-2-940, et seq., shall be subject to suspension, dismissal, or nonrenewal in accordance with the provisions of that general law; and
(d) Employees subject to civil service rules, upon a violation of this article, shall be subject to suspension or dismissal in accordance with the provisions of this Act and the personnel rules and regulations adopted by the board.
(b) Appointed officers and employees not subject to civil service or covered by the provisions of O.C.G.A. Section 20-2-940, et seq., shall have the right to request a hearing before the board upon written charges being provided to such officer. At such hearing, the officer shall have the right to be heard, to be represented by counsel, and to require the attendance of witnesses and the production of relevant books and papers. If, after the hearing, the accused is found guilty as charged, he or she may be suspended or dismissed from the service of the school system by a majority vote of the members of the board.
(c) Employees covered by the provisions of O.C.G.A. Section 20-2-940, et seq., shall be subject to suspension, dismissal, or nonrenewal in accordance with the provisions of that general law; and
(d) Employees subject to civil service rules, upon a violation of this article, shall be subject to suspension or dismissal in accordance with the provisions of this Act and the personnel rules and regulations adopted by the board.
SECTION
4.
(a)
Board members shall be punished for violations of the provisions of this Act as
provided in this section.
(b)(1)
The Clayton County Legislative Delegation to the General Assembly shall
establish a seven-member ethics commission to consider ethics complaints brought
against a board member. Each member of the delegation may nominate up to two
candidates and the members of the commission shall be elected by majority vote
of the delegation. When the commission is first established, three persons will
be appointed to serve four-year terms, and four persons will be appointed to
serve two-year terms. Thereafter members shall serve terms of four years. Each
member of the commission shall hold office from the date of appointment until
the end of the term for which he or she was appointed. Members of the
commission shall not be eligible for reappointment. If a vacancy occurs on the
commission, the delegation shall within 45 days appoint a person to fill the
unexpired term.
(2)
Before the commission is established, the delegation shall determine whether all
members of the commission shall be residents of Clayton County or whether all
such members shall be selected from outside the county. Once such decision is
made, it shall be irrevocable and may be changed only by
legislation.
(3)
The members of the delegation should make their initial nominations within 30
days after the effective date of this Act, and the delegation shall vote on the
first members of the commission within 60 days after the effective date of this
Act.
(4)
The delegation shall appoint successors to members of the commission whose terms
are due to expire, in the same manner as for appointing the initial members,
with the nominations made 60 days before the expiration of the term and a vote
made 30 days prior to such date.
(c)
A person is eligible to serve as a member of the ethics commission if that
person, while serving:
(1)
Is at least 21 years old and a registered voter in his or her county of
residence;
(2)
Is not an employee of the Clayton County Board of Education or a relative or a
business associate of any member of the board;
(3)
Does not hold any elected or appointed office and is not a candidate for any
office in the governments of the United States, the State of Georgia, or Clayton
County;
(4)
Has not provided a financial contribution of more than $100.00 to, or worked
significantly in, the political campaign of any current member of the
board;
(5)
Is not a relative of a person who provided a financial contribution of more than
$100.00 to, or worked significantly in, the political campaign of any current
member of the board; and
(6)
Has undergone a criminal background check and has not been convicted of a
felony.
(d)(1)
Members of the ethics commission shall be compensated on a per meeting basis at
a rate determined by the board.
(2)
The ethics commission shall elect one member to act as chairperson for a term of
two years, or until a successor is duly elected. The chairperson shall have the
same voting rights as the other commission members. The commission shall also
elect one member to act as vice chairperson for the same term. If the office of
chairperson or vice chairperson is vacated in any manner before the expiration
of the term, the commission shall elect a member to fill the unexpired
term.
(3)
The board office will provide staff support to the ethics
commission.
(4)
Five members of the commission shall constitute a quorum.
(5)
The commission shall establish guidelines relating to sanctions for various
offenses consistent with the provisions of this Act.
(6)
The commission shall have the authority to retain legal counsel as
needed.
(e)(1)
Any citizen eligible to vote in Clayton County or any employee of the Clayton
County School System may file a complaint alleging a violation of the standards
established by this Act or other applicable state or federal law by filing it
with the commission. The complaint shall be in writing and verified under
oath.
(2)
The chairperson of the ethics commission shall immediately forward a copy of the
complaint by certified mail to the board member against whom the complaint was
filed, along with a copy to each member of the board. A complaint must be filed
within six months of the date of the alleged violation or, in the case of
concealment or nondisclosure, within six months of the date the alleged
violation should have been discovered after due diligence.
(3)
Within 30 days of receipt of a complaint, the ethics commission shall meet to
review the complaint to determine the complaint´s credibility and whether
the complaint states an offense which, if proven true, would warrant sanction.
Such meeting shall not be open to the public. If, after reviewing the
complaint, the commission by majority vote determines that no good and
sufficient cause exists for a determination that a violation exists, the
commission may dismiss the complaint and shall report said dismissal to the
board.
(f)
If the commission determines that good and sufficient cause exists for a
determination that a violation has occurred, the commission shall conduct a
formal public hearing. The commission shall notify the board member charged
with a violation of the date, time, and place for the hearing by certified and
regular mail. At the hearing, the commission shall hear sworn testimony from
all witnesses it deems relevant. The hearing shall be recorded by a certified
court reporter. The commission is authorized to issue subpoenas on behalf of
any party and for the appearance of any party or documents as provided by law.
Hearings shall be open to the public and shall comply with all state and federal
open meetings and open records
laws.
(g) The accused board member shall have the following rights:
(g) The accused board member shall have the following rights:
(1)
To be represented by counsel;
(2)
To view all evidence and interview all witnesses sufficiently prior to the
hearing to prepare a defense;
(3)
To subpoena, through the commission, any relevant documents or
witnesses;
(4)
To cross examine all witnesses testifying at the hearing;
(5)
To view any exculpatory evidence in the possession of the commission;
and
(6)
To present any evidence and testimony in his or her defense.
(h)
If the commission determines that the evidence shows beyond a reasonable doubt
that the accused board member committed the offense for which he or she is
accused, the commission shall issue written findings and shall censure or
reprimand the board member or order the removal of the board member from
office.
(i) The commission shall notify the board and the accused board member of its action within five days of its decision by sending a certified letter to the chairperson and vice chairperson of the board, the board member who is the subject of the investigation, and the accused member´s attorney, if any. The accused board member shall have the right to appeal the commission´s decision to the board by filing a notice of appeal with the chairperson of the commission and the chairperson of the board within 15 days of the decision. If such a notice of appeal is filed, the commission shall transmit to the board all transcripts and evidence from the hearing. The accused member shall provide the commission with an address to which the commission´s decision may be mailed, and notice of the decision shall be deemed to have been delivered on the day it was posted to such address.
(j) Within 30 days of receipt of a notice of appeal, the board shall determine whether to accept or modify the commission´s recommendation. Acceptance or modification of the recommendation shall be decided by majority vote of all board members. The board shall notify the accused board member of its decision by certified mail.
(k) Appeal of the board´s decision shall lie in the Superior Court of Clayton County. The decision of the board to accept the decision of the commission or to accept a modification of such decision shall become effective within 10 days unless within such period the accused member or the commission files a petition for review or other legal action in the court. No disciplinary action shall occur until all appeals have been exhausted, and the accused member shall remain a voting member of the board until that time.
(l) No member of the ethics commission or any person acting on behalf of the ethics commission, operating within the course and scope of this section, or any person bringing a complaint before the commission, shall be liable to any person for any damages arising out of such action.
(i) The commission shall notify the board and the accused board member of its action within five days of its decision by sending a certified letter to the chairperson and vice chairperson of the board, the board member who is the subject of the investigation, and the accused member´s attorney, if any. The accused board member shall have the right to appeal the commission´s decision to the board by filing a notice of appeal with the chairperson of the commission and the chairperson of the board within 15 days of the decision. If such a notice of appeal is filed, the commission shall transmit to the board all transcripts and evidence from the hearing. The accused member shall provide the commission with an address to which the commission´s decision may be mailed, and notice of the decision shall be deemed to have been delivered on the day it was posted to such address.
(j) Within 30 days of receipt of a notice of appeal, the board shall determine whether to accept or modify the commission´s recommendation. Acceptance or modification of the recommendation shall be decided by majority vote of all board members. The board shall notify the accused board member of its decision by certified mail.
(k) Appeal of the board´s decision shall lie in the Superior Court of Clayton County. The decision of the board to accept the decision of the commission or to accept a modification of such decision shall become effective within 10 days unless within such period the accused member or the commission files a petition for review or other legal action in the court. No disciplinary action shall occur until all appeals have been exhausted, and the accused member shall remain a voting member of the board until that time.
(l) No member of the ethics commission or any person acting on behalf of the ethics commission, operating within the course and scope of this section, or any person bringing a complaint before the commission, shall be liable to any person for any damages arising out of such action.
SECTION
5.
The
board shall provide for a mandatory training program for persons who are elected
or reelected to the board and to persons who are newly appointed to the
commission. Such training shall be completed within 60 days of such election,
reelection, or appointment. The training program shall include an explanation
of the prohibitions contained in Section 2 of this Act and the practices and
procedures contained in Section 4 of this Act. The board may contract with an
institution of the University System of Georgia or any certified institution or
individual qualified to perform such training, and the cost shall be borne by
the Clayton County School System. No appointed member of the commission shall
be eligible to participate in any function of the council until he or she has
completed such training program.
SECTION
6.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.