Chamblee |
Code of Ordinances |
Chapter 31. ETHICS |
Article II. CODE OF ETHICS |
Division 1. GENERAL PROVISIONS |
§ 31-21. Definitions.
As used in this chapter, the term:
Benefit means anything having a monetary value in excess of $100.00. The term "benefit" includes, but is not limited to, a valuable act, advance, award, contract, compensation, contribution, deposit, emolument, employment, favor, fee, forbearance, fringe benefit, gift, gratuity, honorarium, loan, offer, payment, perquisite, privilege, promise, reward, remuneration, service, subscription, or the promise that any of these things will be conferred in the future.
Business means an activity, association, commercial entity, corporation, enterprise, firm, franchise, holding company, joint stock company, organization, partnership, receivership, self-employed individual, sole proprietorship, trust or other legal entity established to earn or otherwise obtain money for profit excluding a municipal corporation or governmental entity.
Compensation means any benefit conferred upon or received by any person in return for services rendered or to be rendered.
Confidential information means information which has been obtained in the course of holding public office, employment, an independent contract or otherwise acting as a public servant, and which information is not available to members of the public under the Georgia Open Records Act or other law or regulation and which the public servant is not authorized to disclose, including:
(1)
Any written information that could lawfully be excepted from disclosure pursuant to state law, unless the public servant disclosing it is authorized to do so by state law, or pursuant to some other pertinent law, policy or procedure;
(2)
Any non-written information which, if it were written, could be excepted from disclosure under state law, unless the public servant disclosing it is authorized to do so by the state law, or pursuant to some other pertinent law, policy or procedure; and
(3)
Information which was obtained in the course of or by means of a record or oral report of a lawful executive or closed session, whether or not the disclosure of the information would violate state law, unless the public servant disclosing it is authorized by state law to do so, or unless the public servant disclosing it has been properly authorized to disclose it pursuant to an applicable law, policy or procedure; however, when such information is also available through channels which are open to the public, this provision does not prohibit public servants from disclosing the availability of those channels.
Decision maker means any public servant or group of public servants empowered to act in a discretionary manner on behalf of the city in any capacity whatsoever, including the making of recommendations. The term "decision maker" includes, but is not limited to, any city agency, bureau, department, division, office, administrator or person who is charged with implementing and administering particular legislation or executive or administrative decisions, and, to the extent this article is applicable to them, any volunteer or independent contractor who is empowered to exercise any discretionary power which could influence a public servant in the performance or nonperformance of an official action. In this article, the term "decision maker" is used to represent any and every public servant who could take any discretionary action regarding a matter in which a public servant or a partner in interest has or may have a conflict of interest, or as a result of which a public servant might receive a personal benefit.
Decision making means the exercise of any discretionary public power in any capacity whatsoever, including the making of recommendations, by any public servant whose action pertains to a matter in which a public servant or a public servant's partner in interest has or may have a conflict of interest, or as a result of which a public servant receives a personal benefit.
Direct contractual interest is defined as any direct interest that the public servant has in a contract regarding an individual item that is being considered by the city council and from which the public servant receives direct monetary value or other direct financial benefit from such contract that is directly affected by the public servant's vote on said item.
Disclose means, unless the context of this article indicates otherwise, to provide the city clerk with written notice of a conflict of interest or a potential conflict of interest, and any other pertinent information, including the nature and extent of the public servant's conflict of interest, the decision maker who may act on the matter, and the name and address of any person alleged to have a conflict of interest or a potential conflict of interest. Unless this article or a law which supersedes it requires or permits another procedure, information shall be deemed disclosed if any public servant, within a reasonable time before any official action is to be taken by the decision maker, provides the city clerk with written notice disclosing the conflict or potential conflict. For purposes of this provision, the phrase "within a reasonable time" means within adequate time to allow the city clerk to forward the disclosure to the decision maker before whom the matter is pending or may be brought, and within adequate time to allow the decision maker to review the disclosure before taking any official action.
Elected official shall be any person who is an elected city official, including the mayor, of the City of Chamblee.
Employee or public employee means a person, other than an elected public officer, employed and paid a salary to work for the city, whether full-time, part-time, or on a contract basis, and including those officially selected but not yet serving; and, for purposes of establishing ethical obligations under this article and for no other purpose, the term "employee" includes volunteers, notwithstanding the fact that they are unpaid.
Employment interest means a situation where the public servant is employed by a person or entity or the subsidiary of an entity that is seeking a contract or action from the City of Chamblee. Excluded from this definition is employment of a public servant by another governmental entity.
Frivolous means a claim or complaint which is clearly insufficient on its face, does not controvert the material points of the opposing party and is presumably interposed for mere purposes of delay or to embarrass the opponent. A claim or defense is frivolous if a proponent can present no reasonable argument based upon the evidence or law in support of this claim.
Gift means any benefit or thing or act of monetary value of over $100.00 which is conveyed to or performed for the benefit of a public servant or a partner in interest, including any advance, award, contract, contribution, deposit, employment, favor, forbearance, gift, gratuity, honorarium, loan, payment, service, subscription, or the promise that any of these things or acts of value will be conferred in the future, if such thing or act of value is conferred or performed without the lawful exchange of consideration which is at least equal in value to the thing or act conferred or performed.
Governing body means the elected officials who comprise the legislative body of the city, as defined by the City Charter.
Member of the family means:
(1)
A public servant's spouse, children, grandchildren, parents, parents-in-law, grandparents, grandparents-in-law, sisters, sisters-in-law, brothers, brothers-in-law, sons-in-law, daughters-in-law, nieces, nephews, aunts, or uncles (whether by marriage, lineal descent or adoption);
(2)
A public servant's relative by marriage, lineal descent or adoption who receives, directly or indirectly, more than one-half of his support from the public servant or from whom the public servant receives, directly or indirectly, more than one-half of his support; and
(3)
An individual claimed by the public servant or the public servant's spouse as a dependent under the United States Internal Revenue Code.
Interest means any personal pecuniary benefit accruing to a public servant or the public servant's partner in interest, whether in the public servant's own name or the name of any person or business from which the public servant is entitled to receive any personal benefit, as a result of a matter which is or which is expected to become the subject of an official action by or with the city.
Loan means a transfer of money, property or anything else of ascertainable monetary value in exchange for an obligation, conditional or not, to repay in whole or in part.
Matter means, unless the context of this article indicates otherwise, any act, action, agenda item, allegation, application, amendment, auction, bill, business, case, charge, claim, consideration, contract, controversy, decree, deed, deliberation, discussion, hearing, issue, lease, license, measure, offer, order, division, permit, personnel action, petition, policy, presentation, procedure, privilege, proceeding, project, proposal, proposition, purchase, recommendation, regulation, rental, request, resolution, sale, subject, transaction, use, variance or other discretionary choice pending before a city decision maker when a public servant or a partner in interest has a personal interest in the outcome of the decision, or the decision may result in a personal benefit to a public servant or a partner in interest.
Official action means any act, action, approval, decision, denial, directive, disapproval, inaction, order, performance, nonperformance, recommendation, vote, or other direct result of a public servant's exercise of discretionary authority in connection with the public servant's public position.
Official duty means any official action or ministerial action which a public servant is obligated or authorized to perform by virtue of being a public servant.
Official records means any minutes, papers, documents, completed forms, or other records maintained by a public agent for the purpose of fulfilling the disclosure requirements of this article.
Participate means to take part in official act(s), action(s) or proceeding(s) as a public servant through approval, disapproval, decision or the performance of an official duty as a public servant. It does not include action(s) taken in the individual's private capacity and/or in a non-public servant capacity or the individual's appearance before a board of the city or dealing with employees of the city in such capacity as any other public citizen would in dealing with their individual business or individual interests.
Partner in interest means, when used in this article in connection with a public servant, as in the phrase "a public servant or a partner in interest," any and all of the following:
(1)
A member of the public servant's immediate family;
(2)
A business with which the public servant or a member of the public servant's immediate family is associated;
(3)
Any other person with whom the public servant or a member of his immediate family is in business, or is negotiating or has an agreement concerning future employment or the future conferring of any personal benefit, whether in the public servant's own name or the name of any business or person from whom the public servant is entitled, or expects to become entitled, to receive any personal benefit, as a result of a contract or transaction which is, or which is expected to become, the subject of an official action by or with the city. The term "partner in interest" does not imply or require any form of legal partnership or formal agreement; or
(4)
When used in the phrase "a public servant or a partner in interest," the term "partner in interest" refers only to a partner in interest of the public servant to whom reference is being made, and not to any other person's partner in interest.
Person includes any individual, employee, appointee, entity or trust.
Personal benefit means any benefit which is offered or received, or reasonably perceived to be offered or received, primarily for the purpose of influencing the manner in which a public servant performs or refrains from performing an official action, so that an attempt is made to induce the public servant, or the public servant is induced, to act in favor of some interest other than the public interest on the basis of an expectation or hope that the public servant or a partner in interest of the public servant will obtain some personal pecuniary gain by acting against the public interest; provided, however, that the term "personal benefit" within the meaning of this article does not include any of the following, which, although they may benefit individual public servants, are deemed to be primarily public benefits rather than personal benefits:
(1)
Payment by the city of salaries, compensation or employee benefits; or payment by an employer or business other than the city of salaries, compensation, employee benefits or pursuant to a contract, when the payment is unrelated to a public servant's status as a public servant and is not made for the purpose of influencing, directly or indirectly, the vote, official action or decision of a public servant;
(2)
Fees, expenses, or income, including those resulting from outside employment, which are permitted and reported in accordance with the policies of the city;
(3)
Authorized reimbursement of actual and necessary expenses;
(4)
Admission, regardless of value, to events to which public servants are invited in their official, representative capacity as public servants;
(5)
Campaign or political contributions which are made and reported in accordance with state law;
(6)
Reasonable hosting, including travel and expenses, entertainment, meals or refreshments furnished in connection with public events, appearances or ceremonies related to official city business, if furnished by the sponsor of such public event; or in connection with speaking engagements, teaching or rendering other public assistance to an organization or another governmental entity; this provision applies only if the city does not also pay the person for the same activity;
(7)
Awards publicly presented in recognition of public service, acts of heroism or for solving crimes;
(8)
Anything of value, regardless of the value, when the thing of value is offered to the city, is accepted on behalf of the city, and is to remain the property of the city;
(9)
Commercially reasonable loans made in the ordinary course of the lender's business in accordance with prevailing rates and terms, and which do not discriminate against or in favor of an individual who is a public servant because of such individual's status as a public servant;
(10)
Complimentary copies of trade publications;
(11)
Any unsolicited benefit conferred by any one person or business if the economic value totals less than $250.00 per calendar year, and if there is no express or implied understanding or agreement that a vote, official action or decision of a public servant will be influenced;
(12)
Reasonable compensation for a published work which did not involve the use of the city's time, equipment, facilities, supplies, staff or other resources, if the payment is arranged or paid by the publisher of the work;
(13)
Reasonable compensation for a published work which did involve the use of the city's time, equipment, facilities, supplies, staff or other resources, if the payment of the compensation to the public servant is lawfully authorized by a representative of the city who is empowered to authorize such compensation;
(14)
Anything of value, if the payment, gift, or other transfer of value is unrelated to and does not arise from the recipient's holding or having held a public position, and if the activity or occasion for which it is given does not involve the use of the city's time, equipment, facilities, supplies, staff or other resources which is not available to the general public;
(15)
Anything of value received as a devise, bequest or inheritance;
(16)
A gift received from a relative within the third degree of consanguinity, under the civil law computation method, to the public servant, or the spouse of such a relative; or
(17)
A gift received from a spouse of a public servant, or a spouse's relative within the third degree of consanguinity to the spouse, under the civil law computation method.
Personal interest means a direct or indirect interest having pecuniary value peculiar to a particular individual or group, which value may accrue to such individual or group or result in such individual or group deriving or potentially deriving a personal benefit as a result of the approval or denial of any division, resolution, order or other official action, or the performance or nonperformance thereof, by a public servant, and which interest is not shared by the general public.
Public servant means any member of the city council or of any city agency, board, commission, committee, or other voting body, whether elected or appointed.
Reasonable means fair, proper, equitable and just under the circumstances.
Relative means a person who is related to an official or employee (whether by marriage, lineal descent or adoption) as spouse, parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, parents-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law.
Volunteer means an individual who is permitted by the city, or by a person authorized to act on behalf of the city, to assist public servants in performing any kind of official duty or action without any expectation of receiving compensation.
Voting body means the city council and any other city authority, board, commission, committee, council or group, regardless of whether its function is legislative, administrative, quasi-administrative or quasi-judicial or any combination thereof, which must act as a body on the basis of a vote of some or all of its members.
(Ord. No. 660, pt. I, 11-19-13)