07 LC 29
2937
House
Bill 889
By:
Representatives Oliver of the
83rd,
Porter of the
143rd,
Hugley of the
133rd,
Smyre of the
132nd,
and Ashe of the
56th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 45 of the Official Code of Georgia Annotated, relating to public
officers and employees, so as to revise provisions regarding conflicts of
interest; to change certain provisions relating to the code of ethics for
members of boards, commissions, and authorities; to provide the State Ethics
Commission with jurisdiction to hear matters related to conflicts of interest;
to provide for procedure; 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.
Title
45 of the Official Code of Georgia Annotated, relating to public officers and
employees, is amended by revising Code Section 45-10-3, relating to code of
ethics for members of boards, commissions, and authorities, as
follows:
"45-10-3.
Notwithstanding
any provisions of law to the contrary, each
member of
all boards, commissions, and authorities created by general
statute
public
official and employee, as those terms are defined in Code Section
45-10-20, shall:
(1)
Uphold the Constitution, laws, and regulations of the United States, the State
of Georgia, and all governments therein and never be a party to their
evasion;
(2)
Never discriminate by the dispensing of special favors or privileges to anyone,
whether or not for remuneration;
(3)
Not engage in any business with the government, either directly or indirectly,
which is inconsistent with the conscientious performance of his
or
her governmental duties;
(4)
Never use any information coming to him
or
her confidentially in the performance of
governmental duties as a means for making private profit;
(5)
Expose corruption wherever discovered;
(6)
Never solicit, accept, or agree to accept gifts, loans, gratuities, discounts,
favors, hospitality, or services from any person, association, or corporation
under circumstances from which it could reasonably be inferred that a major
purpose of the donor is to influence the performance of
the
member´s
his or
her official duties;
(7)
Never accept any economic opportunity under circumstances where he
or
she knows or should know that there is a
substantial possibility that the opportunity is being afforded him
or
her with intent to influence his
or
her conduct in the performance of his
or
her official duties;
(8)
Never engage in other conduct which is unbecoming to
a
member
him or
her or which constitutes a breach of
public trust; and
(9)
Never take any official action with regard to any matter under circumstances in
which he or
she knows or should know that he
or
she has a direct or indirect monetary
interest in the subject matter of such matter or in the outcome of such official
action."
SECTION
2.
Said
title is further amended by revising Code Section 45-10-4, relating to code of
ethics for members of boards, commissions, and authorities, as
follows:
"45-10-4.
(a)(1)
Upon formal charges being filed with the
Governor
State Ethics
Commission relative to a violation of Code
Section
45-10-3, Part
1 of Article 2 of this chapter, or both,
on the part of a
member of
any such board, commission, or authority
public
official or employee, the
Governor or
his
State Ethics
Commission or its designated agent shall
conduct a
hearing for
the purpose of receiving evidence relative to the merits of such charges. The
member so charged shall be given at least 30 days´ notice prior to such
hearing. If such charges are found to be true, the Governor shall forthwith
remove such member from office and the vacancy shall be filled as provided by
law. Such hearing shall be held in accordance with Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act,' and judicial review of any such decision
shall be in accordance with such chapter
preliminary
investigation of the merits of a written complaint by any person who believes
that a violation of Code Section 45-10-3, Part 1 of Article 2 of this chapter,
or both, has occurred, verified under oath to the best information, knowledge,
and belief by the person making such complaint. If there are found no
reasonable grounds to believe that a violation has occurred, the complaint shall
be dismissed, subject to being reopened upon discovery of additional evidence or
relevant material. If the State Ethics Commission determines that there are
reasonable grounds to believe that a violation has occurred, it shall give
notice by summoning the person believed to have committed the violation to a
hearing. The hearing shall be conducted in all respects in accordance with
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The State
Ethics Commission may file a complaint charging violations of Code Section
45-10-3, Part 1 of Article 2 of this chapter, or both, and any person aggrieved
by the final decision of the State Ethics Commission shall be entitled to
judicial review in accordance with Chapter 13 of Title 50; provided, however,
that nothing in this Code section shall be construed to limit or encumber the
right of the State Ethics Commission to initiate on probable cause an
investigation on its own cognizance as it deems necessary to fulfill its
obligations under Code Section 45-10-3, Part 1 of Article 2 of this chapter, or
both.
(2)
In any preliminary investigation referenced in paragraph (1) of this subsection,
until such time as the State Ethics Commission determines that there are
reasonable grounds to believe that a violation has occurred, it shall not be
necessary to give the notice by summons nor to conduct a hearing in accordance
with Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.'
(b)
If such charges are found to be true as against a public official or employee,
as those terms are defined in Code Section 45-10-20, the Governor may forthwith
remove such public official or employee from office and the vacancy shall be
filled as provided by law.
(c)(1)
The State Ethics Commission shall have the same powers and duties with respect
to this Code section, Code Section 45-10-3, and Part 1 of Article 2 of this
chapter as the State Ethics Commission has with respect to Chapter 5 of Title
21.
(2)
The Attorney General shall have the same powers and duties with respect to this
Code section, Code Section 45-10-3, and Part 1 of Article 2 of this chapter as
the Attorney General has with respect to Chapter 5 of Title 21. Without
limiting the generality of the foregoing, it is specifically provided that the
Attorney General may bring civil actions for the enforcement of this Code
section, Code Section 45-10-3, and Part 1 of Article 2 of this chapter in the
same general manner as provided in Chapter 5 of Title
21."
SECTION
3.
Said
title is further amended by revising Code Section 45-10-5, relating to authority
to enact rules and regulations, as follows:
"45-10-5.
No
member of any board, commission, or authority created by general statute shall
enact any rules or regulations or publicize such as being general laws and such
rules and regulations shall in no way have the effect of
law.
The provisions
of Code Sections 45-10-3 and 45-10-4 or Part 1 of Article 2 of this chapter are
in addition to or cumulative of any other criminal penalties imposed by law.
Notwithstanding any other provision of law to the contrary, an administrative or
civil enforcement action brought pursuant to Code Section 45-10-3, 45-10-4, or
Part 1 of Article 2 of this chapter shall not bar the prosecution of any
violation of the criminal law of this
state."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.