08 LC
14 9707
Senate
Bill 372
By:
Senators Reed of the 35th, Unterman of the 45th, Johnson of the 1st, Shafer of
the 48th and Hooks of the 14th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 36 of the Official Code of Georgia Annotated, relating to local
government, so as to provide for the establishment of ethics panels by elected
local governing bodies of counties and municipalities and local school systems;
to provide for establishment by ordinance or resolution; to provide for minimum
jurisdiction, standards, and procedures; to provide for compulsory process; to
provide for practice and procedure and appeals; to provide for reporting of
compliance and withholding of state funds for noncompliance; to provide for
civil remedies and penalties to be imposed by the State Ethics Commission in the
case of nonperformance of duties by a local ethics commission; to provide for
other related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by adding a new Chapter 93 to read as follows:
"CHAPTER
93
36-93-1.
As
used in this chapter, the term 'elected local governing body' means the elected
governing authority of each county and municipality in this state and the
elected board of education of each local school district in this
state.
36-93-2.
Not
later than January 1, 2008, each elected local governing body shall provide, by
appropriate ordinance or resolution, for the establishment and operation of an
ethics commission. Such an ordinance or resolution may be amended from time to
time by the elected local governing body. The membership and operation of the
ethics commission shall be as established by the ordinance or resolution,
subject to the minimum requirements of this chapter.
36-93-3.
(a)
Each ethics commission shall have regularly scheduled meetings at least once
each calendar quarter, but a scheduled meeting may be canceled if there is no
pending complaint to be reviewed by the commission and no other business to come
before the commission.
(b)
Each ethics commission shall have jurisdiction to investigate citizen complaints
of alleged unethical conduct on the part of the members of the elected local
governing body. The enabling ordinance or resolution may, but shall not be
required to, grant to an ethics commission jurisdiction to investigate
complaints of alleged unethical conduct on the part of other officers, agents,
and employees of the elected local governing body.
(c)
Each ethics commission shall have the power to issue subpoenas to compel the
attendance and testimony of witnesses and the production of evidence germane to
its jurisdiction. Upon application of a commission, the superior court shall
have jurisdiction to enforce a subpoena issued by a commission by order of the
court and punishment of disobedience of any such order as contempt of
court.
(d)
Each ethics commission shall have such jurisdiction and powers as may be
specified in the enabling ordinance or resolution, including at a minimum the
power to:
(1)
Report any suspected violation of a state criminal statute or a local ordinance
to the appropriate prosecuting attorney;
(2)
Report any suspected violation of a statute enforced by the State Ethics
Commission to the State Ethics Commission;
(3)
Report any suspected disqualification from holding office to the appropriate
officer or agency having the power to fill the vacancy;
(4)
Issue a public reprimand in any case in which it finds that a member of the
elected local governing body has violated any general law, local law, ordinance,
or policy of the elected local governing body and the violation relates to such
officer´s performance of his or her duties; and
(5)
Impose a civil penalty not to exceed $1,000.00 per violation in any case in
which it finds that a member of the elected local governing body has violated
any general law, local law, ordinance, or policy of the elected local governing
body and the violation relates to such officer´s performance of his or her
duties.
36-93-4.
Any
appeal from a decision of an ethics panel shall be by a de novo action in
superior court.
36-93-5.
(a)
Each elected local governing body other than a board of education shall report
its compliance with the requirements of this chapter to the Department of
Community Affairs, in such manner as may be specified by the department, no
later than January 1, 2008. In the case of noncompliance, the affected local
government shall be ineligible for any state funds administered by the
department until the noncompliance is cured.
(b)
Each local board of education shall report its compliance with the requirements
of this chapter to the Department of Education, in such manner as may be
specified by the department, no later than January 1, 2008. In the case of
noncompliance, the department shall withhold a portion of state funds otherwise
payable to the affected local school system, as specified by the State Board of
Education, until the noncompliance is cured.
36-93-6.
Any
member or members of an ethics panel who willfully fail to provide a hearing on
any complaint or otherwise willfully fail to carry out the duties of the panel
shall be subject to a civil penalty not to exceed $5,000.00 per violation to be
administered by the State Ethics Commission; and the State Ethics Commission is
granted jurisdiction to investigate and punish violations of this Code section
in the same manner as provided for violations of Chapter 5 of Title
21."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.