§ 2-80. Board of ethics; creation; duties.

(a)

Creation. There is hereby created a body to be known as the Fulton County board of ethics.

(b)

Membership. The board of ethics shall consist of the following seven members, who shall have been residents of Fulton County for not less than three years preceding their selection. The members for positions (1) through (6) shall be subject to final appointment by the board of commissioners:

(1)

One member to be nominated by the president of the Atlanta Bar Association from among the Association's membership;

(2)

One member to be nominated by the president of the Gate City Bar Association from among the Association's membership;

(3)

One member to be nominated by the president of the North Fulton Chamber of Commerce from among the Chamber's membership;

(4)

One member to be nominated by the president of the Atlanta Business League from among the membership of the Atlanta Business League;

(5)

One member to be nominated by the president of the Atlanta Airport Chamber of Commerce from among the Chamber's membership;

(6)

One member to be nominated by the personnel board of the county from its membership; and

(7)

One member to be nominated and appointed by the board of commissioners.

In the event an organization with nominating power under subsections (1) through (6) above, fails to submit a nomination following resignation or expiration of the term of its respective nominee, the clerk to the commission shall send notice to the organization requesting the name of a nominee. If no such nominee is provided within 30 days of the notice, the board of commissioners may proceed to nominate and appoint a new member of its own choosing to the relevant position on the board of ethics.

(c)

Chair . At the first meeting of the board of ethics in each calendar year, the board shall select, from among its members, a chair who shall serve as chair for the remainder of the calendar year and until a successor is chosen pursuant to this subsection.

(d)

Compensation, organization, and meetings . Members of the board of ethics shall be paid a per diem in the amount of $150.00. The board of ethics shall meet no less than is required to conduct the business of the board, which in no event shall be less than once each calendar quarter. All meetings of the board of ethics shall be held at the Fulton County Government Center.

(e)

Term of office. The members first selected pursuant to subsections (b)(1) and (2), above, shall serve an initial term of one year from the date of their selection. The terms of office of the members first selected pursuant to subsections (b)(3) and (4), above, shall expire one year after the expiration of the terms of office of the persons selected pursuant to subsections (b)(1) and (b)(2), above. The terms of office of the members first selected pursuant to subsections (b)(5), (b)(6) and (b)(7), above, shall expire two years after the expiration of the terms of office of the persons selected pursuant to subsections (b)(1) and (b)(2), above. Each member selected after the initial terms of office have expired shall serve a term of three years or until his or her successor is appointed. A member shall cease to serve upon the termination of his or her membership in the organization from which he or she was selected.

(f)

Background checks . Members shall be subject to investigation sufficient to confirm their educational and employment histories and any history of criminal convictions.

(g)

Vacancies. Any vacancy on the board of ethics occurring before the end of the term of the departing member shall be filled in the same manner as the original selection for the remainder of the regular term.

(h)

Political activities . Members of the board of ethics, during their term of office, are prohibited from making contributions to the political campaigns of any candidate for a county office.

(i)

Duties. The duties of the board of ethics shall be:

(1)

To establish procedures, rules, and regulations for its internal organization and the conduct of its affairs, consistent with the provisions of this code of ethics;

(2)

To render advisory opinions, not more than 30 days after receiving a request to do so, with respect to the interpretation and application of this code of ethics, to any officer or employee who requests such an advisory opinion as to whether a particular course of conduct would constitute a violation of the standards imposed herein, which requests shall be in writing. In any subsequent complaint concerning the same officer or employee and same conduct which is the subject of an advisory opinion rendered by the board of ethics, the board of ethics shall be bound to follow the advisory opinion, unless it is established that material facts were omitted or misstated in the request for same;

(3)

To conduct its proceedings in meetings open to the public;

(4)

To prescribe forms necessary to carry out any function prescribed by this code of ethics;

(5)

To make available to the public information disclosed pursuant to this code of ethics;

(6)

To receive, hear, investigate, and make findings concerning complaints of violations of this code of ethics, and to hold hearings in connection therewith as the board or ethics may deem necessary; and

(7)

to recommend to the board of commissioners revisions of this code of ethics.

(j)

Neither the board of commissioners nor any officer or employee shall engage in any conduct designed to interfere with or improperly influence the members of the board of ethics in the performance of their duties under this code of ethics.

(Code 1983, § 23-9-13; 92-RM-579, §§ 1, 2, 5, 12-16-92; Res. No. 03-1531, 2-4-04; Ord. No. 11-0029, 1-5-11)