HomeMy WebLinkAboutORDINANCE NO 16 11 290STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 16-11-290
AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE VIII, ETHICS CODE,
OF THE CITY OF MILTON CODE OF ORDINANCES
WHEREAS, Section 45-9-2l(a) ofthe Official Code of Georgia Annotated authorizes the City to, in
its discretion and as part of compensation paid to its employees, adopt policies whereby the City will
undertake to defend all or specified civil, criminal, or quasi-criminal actions brought or maintained
against City employees and City officials arising out of the performance of their duties; and
WHEREAS, the Supreme Court of Georgia has held that local government authorities have
considerable latitude in determining what actions will be defended, Haywood v. Hughes, 238 Ga. 668,
669, 235 S.E.2d 2, 3 (1977); and
WHEREAS, the Supreme Court of Georgia has further held that where a local government official,
acting in an official capacity, is required to hire outside counsel to assert a legal position that the local
government attorney cannot assert because of a conflict of interest or will not assert and the official is
successful in asserting his or her position, it constitutes an expense of government operation for the
local government to pay the official's attorney's fees, Gwinnett County. v. Yates, 265 Ga. 504, 508,
458 S.E.2d 791 , 795 (1995); and
WHEREAS, the City wishes to adopt a policy whereby, in the event a City employee or City official
hires outside counsel to defend an ethical complaint and the ethical complaint is dismissed, the City
will reimburse such City employee or City official for all or a part of the cost of their defense.
NOW, THEREFORE, the Council of the City of Milton hereby ordains while in a Regular called
Council meeting on the 21 st day of November, 2016 at 6:00 p.m. as follows:
SECTION 1. That this Ordinance relating to amending CHAPTER 2, ARTICLE VIII ,
"ETHICS CODE," is hereby adopted and approved as follows:
A. DIVISION 5, "ETHICS COMPLAINTS," shall be modified to include the following
new Section 2-897, "Reimbursement for reasonable attorney's fees":
Sec. 2-897. -Reimbursement for reasonable attorney's fees.
In the event an ethics complaint brought against the respondent arising out of their
official duties is dismissed [by either voluntary withdrawal of the complaint by the
petitioner or by action of the ethics panel or superior court dismissing the complaint as
unfounded or otherwise subject to dismissal], the respondent shall be entitled to
reimbursement from the City for reasonable attorney's fees incurred in defending said
ethics complaint. Upon securing a final determination by the ethics panel or superior
court of the complaint being dismissed [to include voluntary withdrawal of the
complaint by the petitioner], the respondent shall submit a copy of the order making
such findings or petitioner's withdrawal, whichever is applicable, to the Milton City
Manager along with a copy of all applicable itemized attorney's fees incurred m
Page 1of2
defending same. The itemized attorney's fees shall have attorney time and tasks broken
down in 1/10 of an hour increments along with the attorney's hourly fee, coupled with
a sworn statement by the attorney that the amount submitted for repayment is the
same amount for which the respondent would otherwise have been responsible, or
has already paid. Other than attorney time, no other expense or fees shall be subject
to reimbursement.
The City Manager shall submit the attorney fee statement to the City Attorney for a
determination of reasonableness, of which determination shall be provided in writing
(including e-mail) to the City Manager. Upon all or a portion of the fees being deemed
reasonable, the City Manager shall submit all documentation to the City Finance
Department for issuance of a reimbursement check to the respondent or respondent's
attorney, at respondent's discretion. In no event shall reimbursement under this
paragraph exceed $5 ,000.00 per ethics complaint.
B. All other portions of the Ethics Code Ordinance shall remain undisturbed and are hereby
reaffirmed.
SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 2151 day ofNovember, 2016.
Approved:
JoeLockwo~
Attest:
Page 2 of 2