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HomeMy WebLinkAbout06-18-2008ORDINANCE NO . 2008- STATE OF GEORGIA COUNTY OF FULTON CITY OF MIL TON ETHICS ORDINANCE AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIL TON, TO ESTABLISH THE CODE OF ETHICS FOR THE CITY OF MIL TON; TO FURTHER AND INCORPORATE THE POLICIES AND LAWS OF THE STATE OF GEORGIA RELATING T ETHICAL STANDARDS; TO CREATE THE COMMITTEE AND THE BOARD OF ETH PROVIDE FOR +nE-ff'lrl'\-!E-..:!t-l~...-ttv-e-~1-PRH,f-11--\1£~1- MEMBERSHIP, DUTIES PROVIDE FOR THE COMPLAINTS; TO ENS ,~~"'-'Hr" E WITH ETHICAL STANDARDS; TO REPEAL CONFLICTING PROVISIONS; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES . --- WHEREAS , the Constitution of the State of Georgia , approved by the voters of the State in November of 1982 , and effective July 1, 1983 , provides in Article IX , Section 11 , Paragraph II thereof, that the General Assembly may provide by law for the self-government of municipalities ; WHEREAS , O .C .G.A. § 36-35 -3(a) authorizes cities to enact clearly reasonable ordinances , resolutions , or regulations relating to its property , affairs , and local government; WHEREAS , the governing authority of the City of Milton, to wit , the Milton City Council , desires to exercise its authority in adopting this Ordinance ; WHEREAS, it is essential to the proper operation of republican government that public officials be independent and impartial , that governmental decisions and policy be made in the proper channels of the governmental structure , that public office not be used for private gain other than the remuneration provided by law, and that there be public confidence in the integrity of government ; WHEREAS , the attainment of one or more of these ends is impaired whenever there exists a conflict between the private interests of a City Official or an Employee and his duties as such ; WHEREAS , the public interest , therefore , requires that the law protect against such conflicts of interest and establish appropriate ethical standards with respect to the 1 conduct of s City e Officials and e Employees in situations where conflicts exist; WHEREAS, it is also essential to the proper operation of governm -t that those best qualified be encouraged to serve the government. Ace gal sa guards against conflicts of interest must be se-designed so a ot to unnecess rily or unreasonably te-impede the recruitment and retention by th government of th se men and women who are best qualified to serve it ; -d---o N ° + WHEREAS, an essential principle underlying the staffing of our government structure is that its s City e Officials and e Employees should not be denied the opportunity , available to all other citizens , to acquire and retain private economic inte res ts and other interests , except where conflicts with the responsibility of such s City e Officials and e Employees to the public cannot be avoided ; WHEREAS , the purposes behind this Ordinance are shared by all republican governments -to insure that public officials be independent , impartial , and responsible to the people they represent , that governmental decisions and policies be made within the proper channels of the governmental structure , that public office not be used for personal gain , and, especially, that the public have confidence in the integrity of its government and its officials . WHEREAS, in recognition of these goals and principles, it is the policy of the Milton City Council to institute , establish , promote , and to ensure compliance with the standards of ethical conduct for all of the City of Milton 's officers and employees ; and WHEREAS, it is a further policy of the City Council that the proper administration of the City of Milton 's government and the promotion and compliance with the standards of ethical conduct for the City of Milton 's officers and employees would be best served by the creation of a City of Milton Ethics Committee and Board of Ethics ; NOW, THEREFORE, BE IT ORDAINED AND RESOLVED BY THE CITY COUNCIL OF MIL TON , GEORGIA AS FOLLOWS: Section One. ARTICLE ONE: GENERAL PROVISIONS Short Title . This Ordinance shall be known as "The City of Milton Ethics Ordinance," and may be cited and referred to as such . Section Two . Definitions. For the purposes of this Ordinance , the following terms , phrases , words , and their derivations shall have the meaning provided herein. When not inconsistent with the context , words used in the present tense include the future , words in the plural 2 number include the singular number, and words in the singular number include the plural number. (A) "Agency" means the eCity eCouncil and all other agencies, authorities, boards, commissions, committees, departments , and offices of the eCity, without exception. (8) "Board of Ethics" means the City of Milton Board of Ethics as formed and described herein . (C) "Business Entity " means any business of whatever nature regardless of how designated or formed , whether a sole proprietorship, partnership, joint venture , association , trust , corporation, limited liability company, or any other type of business enterprise , and whether a person acting on behalf of, or as a representative or agent of, the business entity . (D) "City Official" means the Mayor of the City of Milton, the Milton City Council, any member of a board , commission , or authority appointed by the Council , the City Manager, and any other elected or appointed officer of the City of Milton. (E) "Confidential Information" means any information that, by law or practice , is not reasonably available to the public. (F) "Council" means the Milton City Council , which includes any person who is elected to the Council and , the Mayor. (G) "Employee" means all those persons employed on a regular or part-time basis by the City, as well as those persons whose services are retained to fill positions within the City government under the terms of a contract with the City . (H) "Family" means the spouse, parents, children, brothers and sisters, related by blood or marriage , cousins, aunts, and uncles of a City e Official or e Employee . (I) "Government or eCity " shall be construed to mean the eCity of Milton, Georgia government. (J) "Governing Authority" or "member of the Governing Authority" means the Mayor or any Councilmember of the City . (K) "Interest" means direct or indirect pecuniary or material benefit accruing to a City Official or Employee as a result of a contract or transaction which is or may be the subject of an official act or action by or with the City, except for such contracts or transactions which , by their terms and by the substance of their provisions, confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated . The term "interest" shall not include any remote interest. 3 For purposes of this Ordinance, a City Official or Employee shall be deemed to have an interest in the affairs of: (1) His or her family; (2) Any business entity in which the City e Official or eEmployee is a member , officer, director, employee, or prospective employee; (3) Any business entity as to which the stock, legal ownership , or beneficial ownership of a City e Official or eE mployee is in excess of five percent (5%) of the total stock or total legal and beneficial ownership , or which is controlled or owned directly or indirectly by the City e Official or eE mployee. (L) "Official Act" or "Official Duties" means any legislative, administrative, appointive, or discretionary act of any City Official or Employee of the City or any agency, board, authority, or commission thereof. (M) "Remote interest" means an interest of a person or entity , including a s City e Official or Employee , who would be affected in the same way as the general public . For example , +!he interest of a council member in the property tax rate , general city fees, city utility charges, or a comprehensive zoning ordinance or similar decisions is deemed remote to the extent that the council member would be affected in common with the general public. I (N) "Volunteer" means a nonpaid person engaging in official sC ity business with the approval of the governing authority. ARTICLE TWO: CODE OF ETHICS FOR MUNICIPAL SERVICE GENERALLY This Article Two is intended to adopt and incorporate herein for local enforcement the ethical standards of O.C .G.A. § 45-10-1, as it may be amended from time to time. Any person in City service shall: Section One. Put loyalty to the highest moral principles and to country above loyalty to persons, party, or government department. Section Two. Uphold the Constitution, laws , and legal regulations of the United States and the 4 State of Georgia and of all governments therein and never be a party to their evasion . Section Three . Give a full day's labor for a full day's pay and give to the performance of his duties his earnest effort and best thought. Section Four. Seek to find and employ more efficient and economical ways of getting tasks accomplished . Section Five . Never discriminate unfairly by the dispensing of special favors or privileges to anyone , whether for remuneration or not, and never accept, for himself or his family , favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties. Section Six. Make no private promises of any kind binding upon the duties of office , since an employee has no private word that can be binding on public duty. Section Seven . Engage in no business with the government, either directly or indirectly , which is inconsistent with the conscientious performance of his governmental duties . Section Eight. Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. Section Nine. Expose corruption wherever discovered . Section Ten. Uphold these principles, ever conscious that public office is a public trust. 5 ARTICLE THREE: CODE OF ETHICS FOR CITY OFFICIALS AND DEPARTMENT DIRECTORS This Article Three is intended to adopt and incorporate herein for local enforcement the ethical standards of O .C.G.A. § 45-10-3, as it may be amended from time to time. All City Officials and Department Directors shall: Section One. Uphold the Constitution, laws, and regulations of the United States, the State of Georgia, the City of Milton , and all governments therein and never be a party to their evasion . Section Two. Never discriminate by the dispensing of special favors or privileges to anyone, whether or not for remuneration. Section Three. Not engage in any business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties . Section Four. Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. Section Five. Expose corruption wherever discovered. Section Six. 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 official duties. Section Seven. Never accept any economic opportunity under circumstances where he knows or should know that there is a substantial possibility that the opportunity is being afforded him with intent to influence his conduct in the performance of his official duties. 6 Section Eight. Never engage in other conduct which is unbecoming to a member or which constitutes a breach of public trust. Section Nine. Never take any official action with regard to any matter under circumstances in which he knows or should know that he has a direct or indirect monetary interest in the subject matter of such matter or in the outcome of such official action . ARTICLE FOUR: SPECIFIC PROVISIONS RELATED TO CONFLICT OF INTEREST TRANSACTIONS AND DISCLOSURES The following provisions related to conflict of interest transactions and disclosures are intended to supplement and elaborate upon the Code of Ethics set forth in Articles Two 4 5 10 1 and Three 45 10 3 above , as well as Section 2 .15 of the Milton City Charter, and all such provisions shall be read and interpreted in accordance therewith . Section One . Compliance with Applicable Law . No City Official or Employee shall engage in any activity or transaction that is prohibited by law , now existing or hereafter enacted , which is applicable to him or her by virtue of his or her office or employment. Other provisions of law or regulations shall apply when any provisions of this Ordinance shall conflict with the laws of the State of Georgia or the United States , except to the extent that this Ordinance permissibly sets forth a more stringent standard of conduct. The laws of the State of Georgia or the United States shall apply when this Ordinance is silent. Section Two . Conflict of Interest Transactions . (A) No City Official or Employee shall engage in any business or transaction or have a financial or other monetary interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties , except consistent with the disclosure and abstention provisions set forth herein . Additionally , no City Official or Employee shall vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (B) The City of Milton shall not enter into any contract involving services or property with a City Official or Employee or with a business entity in which 7 the City Official or an Employee has an interest. Provided that the disclosure and abstention provisions set forth herein are followed , this paragraph shall not apply to the following: (1) The designation of a bank or trust company as a depository for City funds ; (2) The borrowing of funds from any bank or lending institution which offers competitive rates for such loans; (3) Contracts entered into with a business which employs a consultant , provided that the consultant's employment with the business is not incompatible with this Ordinance ; (4) Contracts for services entered into with a business which is the only available source for such goods or services; and (5) Contracts entered into under circumstances that constitute an emergency situation, provided that a record explaining the emergency is prepared by the Council and submitted to the City Manager ( or his/her equivalent) to be kept on file . Section Three . Financial Disclosures . Financial disclosures shall be governed by federal and state law as it may be amended from time to time , and this Ordinance shall not require any additional financial disclosure reports to be filed other than those required by federal and state law . Section Four. Zoning Application Disclosures. All disclosures with regard to zoning applications shall be governed in their entirety by the Conflict of Interest in Zoning Actions provisions contained in O.C.G .A. § 36-67A-1 , et seq .. as it may be amended from time to time. Section Five. Disclosures Related to Submission of Bids or Proposals for County Work or Contract. Persons submitting bids or proposals for City work who have contributed $250.00 or more to a City Official must disclose on their bid or proposal the name of the City Official(s) to whom the contribution was made and the amount contributed. Such a disclosure must also be made prior to a request for any change order or extension of any contract awarded to the person who submitted the successful bid or proposal. Section Six . Withholding of Information; Confidential Information. No City Official or Employee shall knowingly withhold any information that would 8 impair the proper decision making of the Council or any of the City 's boards , agencies , authorities , or departments . No City Official or Employee shall disclose confidential information concerning the property , government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others . Section Seven . Incompatible Service . No City Official or Employee shall engage in or accept private or public employment or render service for any private or public entity, when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties , unless otherwise permitted by law and unless public disclosure is made . Except as authorized by law , no member of the City Council shall hold any other elective office or other City employment during the term for which he or she is elected . Section Eight. Unauthorized Use of Public Property . No City Official or Employee shall request or permit the unauthorized use of City- owned facilities , vehicles and equipment , including but not limited to , computers , pagers , and cellular telephones for personal benefit, convenience or profit , except in accordance with policies promulgated by the City Council and except to the extent such are lawfully available to the public . Section Nine. Political Recrimination and Activity. (A) No City Official or Employee , whether elected or appointed , shall either cause the dismissal or threaten the dismissal from any City position as a reward or punishment for any political activity . No C ity Official or Employee shall direct any person employed by the City to undertake political activity on behalf of such City Official or Employee , any other City Official or Employee , or any other individual , political party , group , or business organization , during such time that the Employee is required to conduct City business . This section does not prohibit incidental telephone calls , emails , letters , and other forms of communication made for the purpose of scheduling a City Official 's daily City business . (B) City Officials and Employees of the City are encouraged to exercise their right to vote , but no City Official or Employee shall make use of government time or equipment to aid a political candidate , party , or cause-;- or use a government position to influence , coerce , or intimidate any person in the interest of a political candidate , party , or cause . No Employee shall be hired, promoted , favored , or discriminated against with respect to employment because of his or her political opinions or affiliations . 9 (1) (2) Seeking elective office . An Employee seeking elective office within the City may, upon declaring candidacy, either resign or submit a request in writing to the City Manager ( or his/her equivalent) for a leave of absence without pay from the date of his or her announcement through the duration of the campaign or announcement of the election results . In the alternative , the Employee seeking elective office within the City may continue to work for the City , provided , however, that the Employee shall not engage in election activities during his or her City working hours or with use of City equipment. If elected to office, the Employee shall immediately, upon the date of election, be separated from employment with the City upon written request and approval of the City Manager (or his/her equivalent). Political campaign involvement. An Employee or City Official (except for Elected Officials) may not be involved in any political activity in his or her official capacity that would constitute a conflict of interest, including active participation in any aspect of any political campaign for any office in City of Milton Government. Nothing in this paragraph shall be construed to limit any Elected Official from supporting any candidate in an election in his/her official capacity , provided that the Elected Official does not utilize City equipment , property, or funds in support of such candidate. Solicitation of contributions . An Employee or City Official (except for Elected Officials) may not knowingly solicit , accept, or receive political contributions from any person , to be used in support of or opposition to any candidate for office in the City. Appearance Before City Entities. No City Official or Employee shall appear on behalf of any private person other than himself or herself, his or her spouse , or his or her minor children, before any City agency, commission , authority or board . However, a member of the City Council may appear before such groups on behalf of his constituents in the course of his duties as a representative of the electorate or in the performance of public or civic obligations , provided that such member of the City Council shall comply with all internal operating rules and regulations of the particular group and shall not interfere with or delay the activities of the group. Section Eleven. Timely Payment of Debts to the City and Fiscal Responsibility. All City Officials and Employees shall pay and settle , in a timely and prompt fashion, all accounts between them and the City of Milton , including the prompt payment of all taxes and shall otherwise demonstrate personal fiscal responsibility. 10 Section Twelve . Solicitation or Acceptance of Gifts . (A) City Officials and Employees shall not accept gifts, gratuities, or loans from organizations , business concerns , or individuals with whom he or she has official relationships based upon business of the City government or with whom the City Official or Employee has knowledge that the organization , business concern , or individual is interested , directly or indirectly in any manner whatsoever , in business dealings with the City . These limitations are not intended to prohibit the acceptance of articles of negligible value which are distributed generally , nor to prohibit employees from accepting social courtesies which promote good public relations , or to prohibit employees from obtaining loans from regular lending institutions . It is particularly important that inspectors , contracting officers , and enforcement officers guard against relationships which might be construed as evidence of favoritism , coercion, unfair advantage , or collusion. (8) Consistent with the provisions set forth in Articles Two and Three and Section 12(A) above , there shall be no violation of this Ordinance in the following circumstances: (1) Meals and beverages given in the usual course of entertaining associated with normal and customary business or social functions. (2) An occasional gift from a single source of $101 .00 or less in any calendar year . (3) Ceremonial gifts or awards . (4) Gifts of advertising value only or promotional items generally distributed to public officials . (5) Awards presented in recognition of public service . (6) Reasonable expenses of food , travel , lodging and scheduled entertainment for a meeting that is given in return for participation in a panel or speaking engagement at the meeting . (7) Gifts from relatives or members of the City Official or Employee 's household . (8) Awards for professional achievement unrelated to City business . (9) Monetary fees or honorariums from a single source of $101 .00 or less for any speaking engagement, participation in a seminar, 11 discussion panel , or other activity which directly relates to the official duties of the City Official or Employee. (10) Courtesy tickets or free admission to educational seminars , educational or information conventions , or other similar events . Section Thirteen . Disclosure of Interest. Any member of the Council who has a financial or personal interest in any proposed legislation or act ion before the Council shall immediately disclose publicly the nature and extent of such interest. Any other City · Official or Employee who has a financial or personal interest in any proposed legislation or action before the Council and who participates in discussion with or gives an official opinion or recommendation to the Council in connection with such proposed legislation or action shall immed iately disclose publicly the nature and extent of such interest. Section Fourteen. Exemptions . This Ordinance shall not be construed to require the filing of any information relating to any person's connection with , or interest in , any professional society , labor union , or any charitable , religious, social , fraternal , educational, recreational , public service , civil or political organization , or any similar organization not conducted as a business enterprise or governmental agency , and which is not engaged in the ownership or conduct of a business enterprise or governmental agency . Section Fifteen. Abstention to Avoid Conflicts of Interest. (A) Except as otherwise provided by law, no City Official or Employee shall participate in the discussion , debate , deliberation , vote , or otherwise take part in the decision -making process on any item before him in which the City Official or Employee has a conflict of interest as set forth above. In addition , a City Official or Employee who serves as a corporate officer or member of the board of directors of a nonprofit entity may not participate in a vote or decision regarding funding by or through the City of the entity . Where the interest of a City Official or Employee in the subject matter of a vote or decision is a Remote Interest , the City Official or Employee may participate in the vote or decision and need not disclose the interest. (B) To avoid the appearance of impropriety, if any City Official or Employee has a conflict of interest or has an interest that he or she has reason to believe either violates this Ordinance or may affect his or her official acts or actions in any matter, the City Official or Employee shall immediately leave the meeting room , except that if the matter is being considered at a public meeting , the City Official or Employee may remain in the meeting 12 room . (C) In the event of a conflict of interest, the City Official or Employee shall announce his or her intent to abstain prior to the beginning of the discussion , debate, deliberation, or vote on the item, shall not participate in any way, and shall abstain from casting a vote . ARTICLE FIVE: THE BOARD OF ETHICS Section One. Composition of the Board of Ethics . There is created a Board of Ethics consisting of seven members. Each member of the Board of Ethics shall have been a resident of the City for at least one (1) year immediately preceding the date of taking office and shall remain a resident of the City while serving as a member of the Board of Ethics. Section Two . Qualifications of Members of the Board of Ethics . A person is eligible to be appointed as a member of the Board of Ethics if the person , while serving: (A) Resides in the City and is a registered voter; (B) Is not an Employee or City Official and has not been an Employee or City Official during the three (3) months immediately preceding his or her appointment, or be the spouse, parent , child, or sibling of an Employee or City Official ; _(C) Is not an officer or employee of any political party; (GC) Does not hold any elected or full-time appointed office and is not a candidate for office of the United States, this State, or the City, and has not held any elected or full-time appointed office during the three (3) months preceding his or her appointment. Section Three. Appointment Procedures. The membership of the Board of Ethics shall be appointed as follows : (A) Each Councilmember shall appoint one member who resides in his/her respective district; (B) The Mayor shall appoint one member who resides in the City at large; and (C) The City Council and Mayor shall ratify the appointments so made at a 13 public meeting . Section Four. Terms of Service . (A) Board of Ethics members shall serve terms consistent with the term of the elected official who appointed them to the Board of Ethics . Upon the expiration of a term , the expiring member shall hold office until a successor is appointed and ratified as required in Section Three . (B) No person may serve more than two (2) consecutive terms as a Board of Ethics member. (C) All appointments following the expiration of the term and all appointments made in the cases of vacancies created during a particular term shall be made by the respective Councilmember or Mayor in the same manner as provided for in Section Three within forty-five (45) days of the creation of the vacancy . If the appointing Councilmember has not made an appointment to fill a vacancy within forty-five (45) days , the Mayor shall appoint an individual from that respective district to fill the vacancy . Section Five. Organization and Internal Operating Regulations . (A) The Board of Ethics shall elect a chairperson and vice chairperson to serve for a term of one year , or until a successor is elected . (B) Members of the Board of Ethi cs are volunteers and shall serve without compensation . (C) The City Council shall provide meeting space for the Board of Ethics . Subject to budgetary procedures and requirements of the City , the City shall provide the Board of Ethics with such supplies and equipment as may be reasonably necessary to perform its duties and responsibilities . The City Clerk shall serve as Recording Secretary to the Board of Ethics . (D) Subject to budgetary procedures and requirements of the City , the City Attorney shall be available to assist the Board of Ethics in carrying out its responsibilities or to act as a hearing offioeradminist rato r, whose duties shall be lim ited to conduct ing the hearing as directed by t he Board of Ethics. In the event the City Attorney has a conflict of interest in acting as a hearing officer administrator on a particular case , the Board of Ethics may petition the City Council for appointment of counsel on a case-by- case basis. Any such appointed counsel shall be approved by the City ~ Council , shall perform services at an approved hourly rate , and shall serve at the joint pleasure of the Board of Ethics and the City Council. t}f71 14 (E) (F) (G) The Board of Ethics shall conduct at least one meeting per quarter, which shall be on the fourth (4 th ) Monday of January, April, July , and October, respectively. Additionally, as deemed necessary upon call of the Chairperson or a majority of the Board of Ethics, the Board of Ethics may call a special hearing. All meetings of the Board of Ethics shall be conducted in public , shall be duly publicized , and shall be otherwise conducted in accordance with the Open Meetings requirements under state law . The dates and times of the meetings as set forth herein may be altered by a majority vote of the Board of Ethics. ~Four members of the Board of Ethics shall constitute a quorum for the transaction of business. The Chairperson shall be entitled to the same voting rights as the other members of the Board of Ethics. No official action concerning complaints shall be taken by the Board of Ethics, except by affirmative vote of at least six (6) members of the Board of Ethics. Section Six. Removal of Members. The City Council may remove a member of the Board of Ethics on grounds of neglect of duty, or misconduct in office . Before initiating the removal of a member from the Board of Ethics , the City Council shall give the member written notice of the reason for the intended action, and the member shall have the opportunity to reply . Thereafter, the City Council shall afford such member an opportunity for a hearing before the City Council. Section Seven . Resignation of Member. If a member of the Board of Ethics decides to resign during his/her term , the member's resignation shall be submitted in writing to the City Clerk who shall forward the resignation to the City Council, Mayor, and other members of the Board of Ethics. A resignation shall be deemed effective upon submission to the City Clerk and cannot be revoked. Section Eight. Duties and Powers . The Board of Ethics shall have the following duties and powers: (A) To establish any procedures, rules, and regulations governing its internal organization and conduct of its affairs, provided that such procedures, rules, and regulations do not conflict with any provision contained herein . (B) To receive and hear complaints of violations of standards required by this Ordinance. 15 (C) To take such action as provided in this Ordinance as deemed appropriate because of any violation of this Ordinance. (D) To perform any other function authorized by this Ordinance . (E) To issue advisory opinions as provided in this Ordinance . (F) To make recommendations to the City Council and Mayor with respect to an educational program for Employees and City Officials subject to this Ordinance , new Board of Ethics members, and the public about their rights and duties hereunder. (G) To make recommendations to the City Council and Mayor for legislative or administrative actions regarding the City 's policies and practices , which the Board believes could enhance the ethical environment in which public servants work . Section Nine. Custodian of Records . The City Clerk shall serve as legal custodian of the Board of Ethics ' records , and accept, file , maintain , and administer, in accordance with all applicable laws , aoo-any information related to the purposes of this Ordinance . Section Ten. Limitation of Liability . No member of the Board of Ethics , or any person acting on behalf of the Board of Ethics , shall be liable to any person for any damages arising out of the enforcement or operation of this Ethics Ordinance , except in the case of willful or wanton misconduct. This limitation of liability shall apply to the City , the members of the Board of Ethics , the employees of the Board of Ethics , and any person acting under the direction of the Board of Ethics . Section Eleven . Advisory Opinion. The Board of Ethics shall render an advisory opinion based on a real or hypothetical set of circumstances when requested to do so in writing by a City Official or Employee related to that City Official's or Employee 's conduct or transaction of business. Such advisory opinions shall be rendered pursuant only to a written request, fully setting forth the circumstances to be reviewed by the Boa rd of Ethics . The proceedings of the Board of Ethics pursuant to this section shall be held in public , and .. the opinions of the Board of Ethics shall be made available to the public . Section Twelve. Complaints. The Board of Ethics shall be responsible for hearing and deciding any complaints filed regarding alleged violations of this Ordinance by any person . The following 16 procedures shall be followed when filing a complain t: (A) Any person may file a complaint alleging a violation of any of the provisions of this Ordinance by submitting it to the City Clerk.,_, who shall immediately deliver such complaint to the members of the Board of Ethics. A copy of such complaint shall immediately be forwarded by registered mail to the City Official or Employee against 'Nham the complaint was filed. (B) The complaint must be submitted on the Ethics Comp laint Form adopted by the Board of Ethics . The complaint must, at a minimum , identify the specific provisions of the Ordinance alleged to be violated , must be supported by affidavits based on personal knowledge, shall set forth such facts as 'A'ould be admissible in evidence, and shall must show affirmatively that the affiant is competent to testify to the matters stated (D) therein . All documents referred to in an affidavit(s) should be attached to the affidavit(s). Every ethics complaint fHea--must be signed and no tarized, and shall contain the following statement: "I have read the complaint and aver that the facts contained therein are true to the best of my knowledge and belief and I am aware that the Ethics Ordinance that created the Board of Ethics authorizes the Board to impose penalties against me for filing a frivolous complaint,. including j 1 without limitation, dismissal of the complaint, ayment of costs and /I-vet~ a ome s fee associated with th · and processin~ of the complaint, and/or all other penalties applicable nder the law." r( fr"' d ~ A complaint must be filed within six (6) months of the date the alleged violation is said to have occurred , or in case of concealment or nondisclosure.,_ within six (6) months of the date the alleged violation should have been discovered after due diligence. Upon receipt of a complaint, the City Clerk shall immediate ly deliver the · complaint to the Chair of the Board of Ethics or his/he r designee for purposes of the Chair determining whether the compla int on its face satisfies the re uirements of Section 12 B and C above . The Chair st make such determination w ithin five 5 business da s of his/her receipt of the complaint. If the complaint does not meet the requirements set forth in Section 12(8) and (C) above, the Chair or his/her designee shall so notif the com lainant in w ri tin of the defects . Thereafter the erded fi business da s from recei t of the notification of defect to cure any defects that may be cured and re-submit the complaint. If a complaint is not re -submitted within the allotted t ime period , the Board of Ethics shall take no further action on the complaint. Upon receipt of a complaint the determination by the Chair or his/her designee that the complaint meets the requirements of Section 12(8) and 17 ""-"'-''--='~~am:~_ffiH::ia-mH;ee1-AGHBl, the City Clerk shall forwar the complaint mail Cit Official or Em lo ee a ainst whom the complaint was filed. The City Official or Employee against whom the · t was filed ~shall ~respond to the complaint within thirty (30) day , unless such time for ~response is extended by the Board of Ethics upon good cause shown . The response of the City Official or Employee must be supported by affidavits based on personal knowledge , must set forth such facts as would be admissible in evidence , and must show affirmatively that the affiant is competent to testify to the matters stated therein . All documents referred to in an affidavit(s) should be attached to the affidavit(s). The respondent shall verify the response by his or her signature thereon , which shall be notarized . ** VERSION ONE ** (QE) Within sixty (60) days of receipt of a compla intthe determination by the Chair that the complaint meets the requirements of Section 12(8) and (C) above, unless such time is extended by the Board of Ethics upon good cause shown , the Board of Ethics shall convene a meeting to conduct an initial review to determine whether the compla int is technically defici e nt and 'Nhether specific substantiated evidence from a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordinance . (E) If after revie1Ning complaint , the Board of Ethics by vote determines that a complaint is technically deficient, the Bo a rd of Ethics shall submit a list of deficiencies to the complainant and offer the complainant the opportunity to correct the deficiencies within seven (7) days prior to the complaint being dismissed for technical deficiencies . (.i;:G) If after reviewing the complaint and response the Board of Ethics by vote determines that no specific , substantiated evidence from a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordinance or determines that no violation occurred as a matter of applying the facts alleged and accepted as true to the terms of the Ordinance , i-t-the Board of Ethics may dismiss the complaint without further proceedings. In the event a complaint is dismissed bas ed upon t he merits of the complaint pursuant to this Paragraph, the complaint may not be re-filed . (G H) If the Board of Ethics determines that specific, substantiated evidence from a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordinance, certified written notice of a hearing, containing the time, date, and place of such hearing , shall be given to 18 each party by the Board of Ethics, and a formal public hearing shall be conducted and both parties afforded an opportunity to be heard. ** VERSION TWO** (F) Within sixty (60) days of a receipt of the determination by the Chair or his/her designee that the complaint meets the requirements of Section 12(8) and (C) above, the Chair shall then conduct a review of the complaint to determine whether specific substantiated evidence from a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordinance . (G) If after reviewing the complaint, the Chair or his/her designee determines that no specific, substantiated evidence from a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordinance or determines that no violation occurred as a matter of applying the facts alleged and accepted as true to the terms of the Ordinance, the Chair or his/her designee may dismiss the complaint without further proceedings . In the event a complaint is dismissed pursuant to this Paragraph, the complaint may not be re-filed . (H) If the Chair or his/her designee determines that specific, substantiated evidence from a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordinance, certified written notice of a hearing, containing the time, date, and place of such hearing, shall be given to each party by the Board of Ethics, and a formal public hearing shall be conducted and both parties afforded an opportunity to be heard . **VERSION THREE** (F) (I) Within sixty (60) days of receipt of the determination by the Chair or his/her designee that the complaint meets the requirements of Section 12(8) and (C) above, certified written notice of a hearing, containing the time, date, and place of such hearing, shall be given to each party by the Board of Ethics, and a formal public hearing shall be conducted and both parties afforded an opportunity to be heard. -Any formal public hearing shall be conducted in accordance with the requirements of due process . The Board of Ethics is authorized to swear wi t nesses .administer oaths and to issue subpoenas when requested to do 19 (J) so by the parties to the complaint. Subpoenas. Any request for a subpoena made by a party to the Board of Ethics shall be made at least five (5) business days prior to the hearing date, and shall state the names and addresses for whom the subpoenas are to be issued and the date and time for the witnesses to appear. Any party requesting a subpoena shall also notify the opposing party in writing as to whom the subpoenas will be issued . A failure to provide such notification or to timely request a subpoena under this Paragraph may result in a waiver of the right to subpoena such witness The Board of Ethics adopts O .C .G .A. § 45-20-9 (c), which specifies as follows : "Subpoenas shall be issued without discrimination between public and private parties. When a sub oena is disobe ed an art ma a I to the erior c urt of the count where the hearin is ing he for an order requiring obedience . Failure to comply with such order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the superior court. Once issued a subpoena may be quashed by the Board of Ethics or an administrative law judge if it appears that the subpoena was used primarily as a means of harassment, that the testimony or documents sought are cumulative, that the testimony or documents sought are not relevant, that the testimony or documents sought are not material, that to respond to the subpoena would be unduly burdensome, or that for other good reasons basic fairness dictates that the subpoena should not be enforced ." Each party shall be individually responsible for the costs of securing the attendance of the subpoenaed witness, including the costs of fees and mileage as applicable, and shall be individually responsible for service of the subpoena. It is intended that O.C.G.A. § 24-10-24 shall apply to require twenty-five dollars ($25 .00) per diem as a witness fee for any witnesses who are not City Employees. City Employees shall not be entitled to receive a witness 20 fee during hours in which they are being paid by the City for performance of job duties . Additionally, if a witness resides outside the City, O .C.G.A. § 24-10-24 will apply to require the twenty-five dollars ($25.00) per diem witness fee and twenty cents ($.20) per mile for travel expenses as a condition for appearance. Consistent with O.C .G.A. § 24-10-24, any subpoenas issued on behalf of the City will not require payment of the above-states fees. If applicable, O.C.G.A. § 12-10-27 shall govern issuance of subpoenas to off-duty law enforcement officers. (MK ) Any final determination resulting from the hearing shall include written findings of fact and conclusions of law. The Board of Ethics shall determine if clear and convincing evidence shows any violation of this Ordinance . ;; p=) d' J1 ti 1rt·,::tt-..::s--- Section Thirteen. Disciplinary Action . (A) Upon a determination that an Employee has violated this Ordinance, the Board of Ethics may recommend the following penalties and actions: (1) Written warning or reprimand; (2) Suspension without pay; (3) Termination of employment; and · (4) Repayment to the City of any unjust enrichment. (B) Upon a determination that a City Official has violated this Ordinance , the Board of Ethics may recommend to the Mayor and City Council the following penalties and actions: (1) Written warning, censure , or reprimand; (2) Removal from office to the extent provided by Georgia law; and (3) Repayment to the City of any unjust enrichment. (C) In addition to any other remedy provided herein, upon determination of a violation of this Ordinance, the Board of Ethics may recommend to the City Council in writing that any contract, bid, or change order that was the subject of the violation should be cancelled or rescinded . The City Council, however, shall retain the discretion to determine whether such a cancellation or rescission would be in the best interest of the City and shall not be bound in any way by a recommendation of the Board of Ethics. (D) The Board of Ethics may also forward its findings of fact and conclusions 21 of law to the Fulton County District Attorney 's Office and/or the Office of the Governor for appropriate action . Section Fourteen . Judicial Review . (A) Any party against whom a decision of the Board of Ethics is rendered may obtain judicial review of the decision by writ of certiorari to the s Superior eCourt of Fulton County . The application for the writ must be filed within thirty (30) days from the date of the written decision . Judicial review shall be based upon the record . No party shall be entitled to a de novo appeal. (8) Upon failure to timely request judicial review of the decision by writ of certiorari as provided in this section , the decision shall be binding and final upon all parties. Section Fifteen. Ex Parte Communications. (A) After a complaint has been filed and during the pendency of a complaint before the Board of Ethics , no member of the Board of Ethics may communicate directly or indirectly w ith any party or other person about any issue of fact or laws regarding the complaint, except as follows : (1) The members of the Board of Ethics may obtain legal advice from the City Attorney and may discuss the complaint with any staff provided to the Board of Ethics by the City Council ; and (2) The members of the Board of Ethics may discuss the complaint at a lawfully conducted meeting--eruy; and (3) If any person attempts to communicate with a Board of Ethics member regarding the pending complaint, the Board of Ethics member shall report the substance of the communication to the Board of Ethics on the public record at the next meeting or hearing of the Board of Ethics . (8) No Board of Ethics member shall undertake an independent investigation of any complaint or matter before the Board of Ethics. Section Sixteen . Confidentiality of Board of Ethics Information . No member of the Board of Ethics , nor any public servant who has access to any confidential information related to the functions or activities of the Board of Ethics , shall divulge that information to any person not authorized to have it. Section Seventeen . Wrongful Use of the Board of Ethics . 22 The purpose of the Board of Ethics is to endeavor to maintain a high standard of ethical behavior by City Officials and Employees . This will be most effective when City Officials , Employees, and citizens work together to set and maintain high ethical standards. Complaints directed to the Board of Ethics must be based on fact and have the intent to improve the ethical climate of the City . Individuals directing unfounded, frivolous , false, or politically motivated complaints to the Board of Ethics may be subject to penalties including, but not limited to, dismissal of the complaint , public reprimand , criminal prosecution for perjury , and/or payment of costs and attorney's fees associated with the handling and processing of the Complaint. Other penalties may be imposed by the Board of Ethics for the wrongful use of the Ethics Ordinance . Section Eighteen . Wrongful Use of the Ethics Ordinance. (A) A wrongful use of the Ethics Ordinance shall occur if and when a frivolous or false complaint is filed in a negligent, reckless , or purposeful manner without a basis in law or fact and for purpose other than reporting a violation of this Ordinance. A person has not filed a frivolous complaint if he/she reasonably believes that facts exist to support the claim and either reasonably believes that under those facts the complaint is valid under this Ordinance or acts upon the advice of counsel sought in good faith and given after full disclosure of all relevant facts within his/her knowledge and information . (B) In deciding if a complaint is a "Wrongful Use of the Code of Ethics ," the Board of Ethics may-shall also consider the following , w itho ut lim itation : (1) The timing of the complaint with respect to when the facts supporting the alleged violation became known or should have become known to the complainant , and with respect to the date of any pending election in which the respondent is a candidate or is involved with a candidacy , if any ; (2) The nature and type of any publicity surrounding the filing of the complaint , and the degree of participation by the complainant in publicizing the fact that a complaint was filed w ith the Board of Ethics ; (3) The existence and nature of any relationship between the respondent and the complainant before the complaint was filed ; (4) If respondent is a candidate for election to office , the existence and nature of any relationship between the complainant and any candidate or group opposing the respondent. (5) Any evidence that the complainant knew or reasonably should have known that the allegations in the complaint were groundless ; and 23 (6) Any evidence of the complainant's motives in filing the complaint. ARTICLE SIX: MISCELLANEOUS Section One . Severability . If any provision of this Ordinance is found by a court of competent jurisdiction to be invalid or unconstitutional , or if the application of this Ordinance to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application . Section Two. Repealer. All Ordinances or parts of ordinances in conflict herewith are held repealed, including without limitation , the previously existing City of Milton Ethics Ordinance. Section Three. Effective Date. This Ordinance shall become effective immediately upon its passage by the Mayor and Council of the City of Milton . [SIGNATURES ON FOLLOWING PAGE] 24 This ___ day of _______ , 2008. MIL TON CITY COUNCIL Mayor Joe Lockwood Councilwoman Karen Thurman Councilwoman Julie Zahner Bailey Councilman William C. Lusk Councilman Burt Hewitt Councilwoman Tina D 'Aversa Councilman Alan Tart Attest: Milton City Clerk 25 (F) (G) (H) VERSION ONE Within sixty (60) days of the determination by the Chair that the complaint meets the requirements of Section 12(8) and (C) above , unless such time is extended by the Board of Ethics upon good cause shown , the Board of Ethics shall convene a meeting to conduct an initial review to determine whether specific substantiated evidence from a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordinance. If after reviewing the complaint and response the Board of Ethics by vote determines that no specific , substantiated evidence from a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordinance or determines that no violation occurred as a matter of applying the facts alleged and accepted as true to the terms of the Ordinance , the Board of Ethics may dismiss the complaint without further proceedings. In the event a complaint is dismissed pursuant to this Paragraph, the complaint may not be re -filed . If the Board of Ethics determines that specific substantiated evidence from a credible source(s) exists to support a r sonable=,lief that there has been a violation of this Ordinance(certified written notice of a hearing, containing the time , date , and placel-ot-such hearing , be given to each party by the Board of Ethics , and a formal public hearing shall be conducted and both parties afforded an opportunity to be heard. VERSION TWO (F) Within sixty (60) days of a receipt of the deter · ation by the Chair or his/her designee that the complaint meets th requirements of Section 12(B) and (C) above , the Chair shall t conduct a review of the complaint to determine whether speci · substantiated evidence from a credible source(s) exists to suppo a reasonable belief that there has been a violation of this Ordinanc . (G) If after reviewing the comp a int , the Chair or his/her designee determines that no specific , substa tfated evidence from a credible source(s) exists to support a reasonab belief that there has been a violation of this Ordinance or dete[ ines that no violation occurred as a matter of applying the facts allege and accepted as true to the terms of the Ordinance , the Chair or his/ r designee may dismiss the complaint without further proceedings In the event a complaint is dismissed pursuant to this Paragraph he complaint may not be re-filed . (H) If the air or his/her designee determines that specific , substantiated eviden: e from a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordinance, certified written notice of a hearing , containing the time, date , and place of such hearing , shall be given to each party by the Board of Ethics , and a formal public hearing shall be conducted and both parties afforded an opportunity to be heard . (F) VERSION THREE Within sixty (60) days of receipt of lh~ation by the Chair or his/her designee that the complain (,,meets the requirements of Section 12(8) and (C) above , certified written notice of a hearing , containing the time , date , and place of sue '} earing , shall be given to each party by the Board of Ethics , and a formal public hearing shall be conducted and both parties afforded an oppo nity to be heard . STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO . 2008- CITY OF MIL TON ETHICS ORDINANCE AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIL TON, TO ESTABLISH THE CODE OF ETHICS FOR THE CITY OF MIL TON; TO F, /,RTHER AND INCORPORATE THE POLICIES AND AWS OF THE STATE OF GEORGIA RELATING TO ETHICAL STANDARDS; TO CREATE THE '"ETI IICS~ COMMITTEE AND-THE BOARD OF ETHICS AND PROVIDE FOR THEIR RESPECTIVE CONSTITUENT --- MEMBERSHIP, DUTIES, AND RESPONSIBILITIES; TO PROVIDE FOR THE INVESTIGATION OF ETHICS COMPLAINTS; TO ENSURE COMPLIANCE WITH ETHICAL STANDARDS; TO REPEAL CONFLICTING .}/'. (, 7 PROVISIONS; TO PROVIDE FOR SEVERABILITY; TO ('\t. t~u~ { .~s PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER , lJ. \ ~t, -"' .f~ PURPOSES . I \\ c/5 ' r WHEREAS , the Constitution of the State of Georgia , approved by the voters of the State in November of 1982, and effective July 1, 1983, provides in Article IX, Section II , Paragraph II thereof, that the General Assembly may provide by law for the self-government of municipalities ; WHEREAS, O .C .G .A. § 36-35-3(a) authorizes cities to enact clearly reasonable ordinances , resolutions , or regulations relating to its property, affairs, and local government; WHEREAS , the governing authority of the City of Milton , to wit , the Milton City Council , desires to exercise its authority in adopting this Ordinance ; WHEREAS , it is essential to the proper operation of republican government that public officials be independent and impartial , that governmental decisions and policy be made in the proper channels of the governmental structure , that public office not be used for private gain other than the remuneration provided by law, and that there be public confidence in the integrity of government; · WHEREAS, the attainment of one or more of these ends is impaired whenever there exists a conflict between the private interests of a City Official or an Employee and -his duties as such ; WHEREAS , the public interest, therefore , requires that the law protect against such conflicts of interest and establish appropriate ethical standards with respect to the conduct of city officials and employees in situations where conflicts exist ; WHEREAS, it is also essential to the proper operation of government that those est qualified be encouraged to serve the government. Accordingly , legal safeguards against conf icts of interest must be so designed as not unnecessarily or unreasonably to i the recruitment and retention by the government of those men and women I, who are best qualified to serve it ; J.c{ < 1J1.J-e (& ST_.> ;4-' ( WHEREAS , an essential principle underlying the staffing of ur government structure is that its city officials and employees should not be den · d the opportunity , available to all other citizens , to acquire and retain private economi and other interests, except where conflicts with the responsibility of such. city officials a d employees to the public cannot be avoided ; WHEREAS , the purposes behind this Ordinance are shared by all republican governments -to insure that public officials be independent , impartial , and responsible to the people they represent , that governmental decisions and policies be made within the proper channels of the governmental structure , that public office not be used for personal gain , and, especially, that the public have confidence in the integrity of its government and its officials . WHEREAS, in recognition of these goals and principles, it is the policy of the Milton City Council to institute, establish , promote , and to ensure compliance with the standards of ethical conduct for all of the City of Milton 's officers and employees ; and WHEREAS, it is a further policy of the City Council that the proper administration of the City of Milton 's government and the promotion and compliance with the standards of ethical conduct for the City of Milton 's officers and employees would be best served by the creation of a City of Milton Ethics Committee and Board of Ethics ; NOW, THEREFORE, BE IT ORDAINED AND RESOLVED BY THE CITY COUNCIL OF MIL TON, GEORGIA AS FOLLOWS: Section One. ARTICLE ONE: GENERAL PROVISIONS Short Title . This Ordinance shall be known as "The City of Milton Ethics Ordinance ," and may be cited and referred to as such . Section Two . Definitions. For the purposes of this Ordinance , the following terms, phrases , words , and their derivations shall have the meaning prov ided herein . When not inconsistent with the context , words used in the present tense include the future , words in the plural 2 number include the singular number, and words in the singular number include the I I number. l '-( \ "Agency " means the city council and all other agencies, authorities, boards, commissions , committees , departments , and offices of the city , without exception . (B) "Board of Ethics " means the City of Milton Board of Ethics as formed and described herein . (C) "Business Entity" means any business of whatever nature regardless of how designated or formed , whether a sole proprietorship , partnership , joint venture , association , trust , corporation , limited liability company, or any other type of business enterprise , and whether a person acting on behalf of, or as a representative or agent of, the business entity. (D) "City Official " means the Mayor of the City of Milton , the Milton City Council , any member of a board , commission , or authority appointed by the Council , the City Manager, and any other elected or appointed officer of the City of Milton . (E) "Confidential Information" means any information that , by law or practice , is not reasonably available to the public. (F) "Council " means the Milton City Council , which includes any person who is elected to the Council and , the Mayor. (G) "Employee " means all those persons employed on a regular or part-time basis by the City , as well as those persons whose services are retained under the terms of a contract with the City . (H) "Family " means the spouse , parents , children , brothers and sisters , related by blood or marriage , cousins , aunts , and uncles of a City official or employee . 'Government or ci ty " shall be construed to mean the 'c\ty of Milton , Georgia government. (J) "Governing Authority " or "member of the Governing Authority " means the Mayor or any Councilmember of the City. (K) "Interest" means direct or indirect pecuniary or material benefit accruing to a City Official or Employee as a result of a contract or transaction which is or may be the subject of an official act or action by or with the City , except for such contracts or transactions which , by their terms and by the substance of their provisions , confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated . The term "interest" shall not include any remote interest. 3 For purposes of this Ordinance, a City Official or Employee shall be deemed to have an interest in the affairs of: (1) His or her family; (2) Any business entity in which the City official or employee is a member, officer, director, employee , or prospective employee; (3) Any business entity as to which the stock , legal ownership , or beneficial ownership of a City official or employee is in excess of five percent (5%) of the total stock or total legal and beneficial ownership , or which is controlled or owned directly or indirectly by the City official or employee . (L) "Official Act" or "Official Duties" means any legislative, administrative, appointive, or discretionary act of any City Official or Employee of the City or any agency, board, authority, or commission thereof. (M) "Remote interest" means an interest of a person or entity, including a city official, who would be affected in the same way as the general public . The interest of a council member in the property tax rate , general city fees, city utility charges , or a comprehensive zoning ordinance or similar decisions is deemed remote to the extent that the council member would be affected in common with the general public. (N) "Volunteer" means a nonpaid person engaging in official city business with the approval of the governing authority . ARTICLE TWO: CODE OF ETHICS FOR MUNICIPAL SERVICE GENERALLY This Article Two is intended to adopt and incorporate herein for local enforcement the ethical standards of O .C .G.A. § 45-10-1 , as it may be amended from time to time . ~ Any person in City service shall: (ls r ? ~ / Section One. ~ e-" (1..,, Put loyalty to the highest moral principles o~ry above loyalty to persons, party, or government department. ·-("" Section Two. Uphold the Constitution, laws, and legal regulations of the United States and the State of Georgia and of all governments therein and never be a party to their evasion. 4 Section Three . Give a full day's labor for a full day 's pay and give to the performance of his duties his earnest effort and best thought. Section Four. Seek to find and employ more efficient and economical ways of getting tasks accomplished. Section Five . Never discriminate unfairly by the dispensing of special favors or privileges to anyone , whether for remuneration or not , and never accept, for himself or his family , favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties . Section Six. Make no private promises of any kind binding upon the duties of office, since an employee has no private word that can be binding on public duty . Section Seven . Engage in no business with the government, either directly or indirectly , which is inconsistent with the conscientious performance of his governmental duties . Section Eight. Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. Section Nine . Expose corruption wherever discovered. Section Ten. Uphold these principles , ever conscious that public office is a public trust. 5 ARTICLE THREE: CODE OF ETHICS FOR CITY OFFICIALS AND DEPARTMENT DIRECTORS This Article Three is intended to adopt and incorporate herein for local enforcement the ethical standards of O .C .G .A. § 45-10-3, as it may be amended from time to time . All City Officials and Department Directors shall : Section One . Uphold the Constitution , laws , and regulations of the United States , the State of Georgia , the City of Milton , and all governments therein and never be a party to their evasion . Section Two . Never discriminate by the dispensing of special favors or privileges to anyone , whether or not for remuneration . Section Three. Not engage in any business with the government , either directly or indirectly , which is inconsistent with the conscientious performance of his governmental duties . Section Four. Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. Section Five . Expose corruption wherever discovered . Section Six . 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 official duties . Section Seven . Never accept any economic opportunity under circumstances where he knows or should know that there is a substantial possibility that the opportunity is being afforded him with intent to influence his conduct in the performance of his official duties. 6 Section Eight. Never engage in other conduct which is unbecoming to a member or which constitutes a breach of public trust. Section Nine . Never take any official action with regard to any matter under circumstances in which he knows or should know that he has a direct or indirect monetary interest in the subject matter of such matter or in the outcome of such official action . ARTICLE FOUR: SPECIFIC PROVISIONS RELATED TO CONFLICT OF INTEREST TRANSACTIONS AND DISCLOSURES The following provisions related to conflict of interest transactions and disclosures are intended to supplement and elaborate upon the Code of Ethics set forth in Articles Two 45-10-1 and Three 45-10-3 above , as well as Section 2.15 of the Milton City Charter, and all such provisions shall be read and interpreted in accordance therewith. Section One. Compliance with Applicable Law . No City Official or Employee shall engage in any activity or transaction that is prohibited by law, now existing or hereafter enacted , which is applicable to him or her by virtue of his or her office or employment. Other provisions of law or regulations shall apply when any provisions of this Ordinance shall conflict with the laws of the State of Georgia or the United States , except to the extent that this Ordinance permissibly sets forth a more stringent standard of conduct. The laws of the State of Georgia or the United States shall apply when this Ordinance is silent. Section Two. Conflict of Interest Transactions . (A) No City Official or Employee shall engage in any business or transaction or have a financial or other monetary interest , direct or indirect , which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties, except consistent with the disclosure and abstention provisions set forth herein . Additionally, no City Official or Employee shall vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (B) The City of Milton shall not enter into any contract involving services or property with a City Official or Employee or with a business entity in which 7 the City Official or an Employee has an interest. Provided that the disclosure and abstention provisions set forth herein are followed, this paragraph shall not apply to the following: (1) The designation of a bank or trust company as a depository for City funds; (2) The borrowing of funds from any bank or lending institution which offers competitive rates for such loans; (3) Contracts entered into with a business which employs a consultant , provided that the consultant's employment with the business is not incompatible with this Ordinance;. (4) Contracts for services entered into with a business which is the only available source for such goods or services ; and (5) Contracts entered into under circumstances that constitute an emergency situation, provided that a record explaining the emergency is prepared by the Council and submitted to the City Manager (or his/her equivalent) to be kept on file. Section Three . Financial Disclosures . Financial disclosures shall be governed by federal and state law as it may be amended from time to time , and this Ordinance shall not require any additional financial disclosure reports to be filed other than those required by federal and state law . Section Four. Zoning Application Disclosures . All disclosures with regard to zoning applications shall be governed in their entirety by the Conflict of Interest in Zoning Actions provisions contained in O .C .G.A. § 36-67A-1, et seq .. as it may be amended from time to time . Section Five. Disclosures Related to Submission of Bids or Proposals for County Work or Contract. Persons submitting bids or proposals for City work who have contributed $250 .00 or more to a City Official must disclose on their bid or proposal the name of the City Official(s) to whom the contribution was made and the amount contributed. Such a disclosure must also be made prior to a request for any change order or extension of any contract awarded to the person who submitted the successful bid or proposal. Section Six. Withholding of Information ; Confidential Information . No City Official or Employee shall knowingly withhold any information that would 8 impair the proper decision making of the Council or any of the City's boards, agencies, authorities, or departments. No City Official or Employee shall disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others. Section Seven . Incompatible Service . No City Official or Employee shall engage in or accept private or public employment or render service for any private or public entity , when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties, unless otherwise permitted by law and unless public disclosure is made. Except as authorized by law , no member of the City Council shall hold any other elective office or other City employment during the term for which he or she is elected . Section Eight. Unauthorized Use of Public Property . No City Official or Employee shall request or permit the unauthorized use of City- owned facilities, vehicles and equipment, including but not limited to , computers, pagers, and cellular telephones for personal benefit, convenience or profit, except in accordance with policies promulgated by the City Council and except to the extent such are lawfully available to the public. Section Nine. Political Recrimination and Activity . (A) No City Official or Employee, whether elected or appointed , shall either cause the dismissal or threaten the dismissal from any City position as a reward or punishment for any political activity. No City Official or Employee shall direct any person employed by the City to undertake political activity on behalf of such City Official or Employee , any other City Official or Employee, or any other individu·a1 , political party , group, or business organization , during such time that the Employee is required to conduct City business. This section does not prohibit incidental telephone calls , emails , letters, and other forms of communication made for the purpose of scheduling a City Official's daily City business. City Officials and Employees of the City are encouraged to exercise their right to vote , but no City Official or Employee shall make use of government time or equipment to aid a political ca'!..!n.!:!-d,....· .......... --r-t-' .......... "h-' ..... Employee shall be hired , promoted , favored, or discriminated against with respect to employment because of his or her political opinions or affiliations. 9 (1) Seeking elective office . An Employee seeking elective office within the City may , upon declaring candidacy , either resign or submit a request in writing to the City Manager (or his/her equivalent) for a leave of absence without pay from the date of his or her announcement through the duration of the campaign or announcement of the election results . In the alternative, the Employee seeking elective office within the City may continue to work for the City , provided, however, that the Employee shall not engage in election activities during his or her City working hours or with use of City equipment. If elected to office, the Employee shall immediately, upon the date of election , be separated from employment with the City upon written re uest and approval of the City Manager (or his/her equivalent). r> \ (2) Political campaign involvement. An Employee or City Official (except for Elected Officials) may not be involved in any political activity in his or her official capacity that would constitute a conflict of interest , including active participation in any aspect of any political campaign for any office in City of Milton Government. Nothing in this paragraph shall be construed to limit any Elected Official from supporting any candidate in an election in his/her official capacity , provided that the Elected Official does not utilize City equipment, property , or funds in support of such candidate . (3) Solicitation of contributions . An Employee or City Official (except for Elected Officials) may not knowingly solicit , accept , or receive political contributions from any person , to be used in support of or opposition to any candidate for office in the City. o l 6 ection Ten . Appearance Before City Entities. No City Official or Employee shall appear on behalf of any private person other than himself or herself, his or her spouse, or his or her minor children , before any City agency , commission , authority or board. However, a member of the City Council may appear before such groups on behalf of his constituents in the course of his duties as a representative of the electorate or in the performance of public or civic obligations , provided that such member of the City Council shall comply with all internal operating rules and regulations of the particular group and shall not interfere with or delay the activities of the group . Section Eleven . Timely Payment of Debts to the City and Fiscal Responsibility. All City Officials and Employees shall pay and settle , in a timely and prompt fashion , all accounts between them and the City of Milton , including the prompt payment of all taxes and shall otherwise demonstrate personal fiscal responsibility . 10 Section Twelve . Solicitation or Acceptance of Gifts. (A) City Officials and Employees shall not accept gifts , gratuities, or loans from organizations , business concerns , or individuals with whom he or she has official relationships based upon business of the City government or with whom the City Official or Employee has knowledge that the organization , business concern , or individual is interested , directly or indirectly in any manner whatsoever , in business dealings with the City. These limitations are not intended to prohibit the acceptance of articles of negligible value which are distributed generally , nor to prohibit employees from accepting social courtesies which promote good public relations , or to prohibit employees from obtaining loans from regular lending institutions . It is particularly important that inspectors , contracting officers , and enforcement officers guard against relationships which might be construed as evidence of favoritism , coercion , unfair advantage , or collusion . (B) Consistent with the provisions set forth in Articles Two and Three and Section 12(A) above, there shall be no violation of this O rdinance in the following circumstances : (1) Meals and beverages given in the usual course of entertaining associated with normal and customary business or social functions . (2) An occasional gift from a single source of $101 .00 or less in any calendar year. (3) Ceremonial gifts or awards . (4) Gifts of advertising value only or promotional items generally distributed to public officials . (5) Awards presented in recognition of public service. (6) Reasonable expenses of food , travel , lodging and scheduled entertainment for a meeting that is given in return for participation in a panel or speaking engagement at the meeting . (7) Gifts from relatives or members of the City Official or Employee 's household . (8) Awards for professional achievement unrelated to City business . (9) Monetary fees or honorariums from a single source of $101 .00 or less for any speaking engagement, participation in a seminar, 11 discussion panel , or other activity which directly relates to the official duties of the City Official or Employee. (10) Courtesy tickets or free admission to educational seminars , educational or information conventions , or other similar events. Section Thirteen . Disclosure of Interest. Any member of the Council who has a financial or personal interest in any proposed legislation or action before the Council shall imme nature and extent of such interest. ~ \ ("\ 11'- Any other City Official or Employee ho has a financial or personal interest in any proposed legislation or action before e Council and who participates in discussion with or gives an official opinion or reco mendation to the Council in connection with such proposed legislation or action shall disclose publicly the nature and extent of such interest. Section Fourteen . Exemptions . This Ordinance shall not be construed to require the filing of any information relating to any person's connection with , or interest in, any professional society , labor union , or any charitable , religious , social, fraternal , educational, recreational , public service , civil or political organization , or any similar organization not conducted as a business enterprise or governmental agency , and which is not engaged in the ownership or conduct of a business enterprise or governmental agency . Section Fifteen . Abstention to Avoid Conflicts of Interest. (A) Except as otherwise provided by law , no City Official or Employee shall participate in the discussion , debate , deliberation , vote , or otherwise take part in the decision-making process on any item before him in which the City Official or Employee has a conflict of interest as set forth above. In addition , a City Official or Employee who serves as a corporate officer or member of the board of directors of a nonprofit entity may not participate in a vote or decision regarding funding by or through the City of the entity. Where the interest of a City Official or Employee in the subject matter of a vote or decision is a Remote Interest, the City Official or Employee may participate in the vote or decision and need not disclose the interest. (B) To avoid the appearance of impropriety , if any City Official or Employee has a conflict of interest or has an interest that he or she has reason to believe either violates this Ordinance or may affect his or her official acts or actions in any matter, the City Official or Employee shall immediately leave the meeting room, except that if the matter is being considered at a public meeting , the City Official or Employee may remain in the meeting 12 room. (C) In the event of a conflict of interest, the City Official or Employee shall announce his or her intent to abstain prior to the beginning of the discussion , debate , deliberation , or vote on the item , shall not participate in any way, and shall abstain from casting a vote. ARTICLE FIVE: THE BOARD OF ETHICS Section One. Composition of the Board of Ethics. There is created a Board of Ethics consisting of seven members . Each member of the Board of Ethics shall have been a resident of the City for at least one (1) year immediately preceding the date of taking office and shall remain a resident of the City while serving as a member of the Board of Ethics . Section Two . Qualifications of Members of the Board of Ethics. A person is eligible to be appointed as a member of the Board of Ethics if the person, while serving: (A) Resides in the City and is a registered voter; (B) Is not an Employee or City Official and has not been an Employee or City Official during the three (3) months immediately preceding his or her appointment , or be the spouse , parent , child , or sibling of an Employee or City Official ; ot an offic (D) Does not hold any elected or full-time appointed office and is not a candidate for office of the United States , this State, or the City, and has not held any elected or full-time appointed office during the three (3) months preceding his or her appointment. Section Three . Appointment Procedures. The membership of the Board of Ethics shall be appointed as follows : (A) Each Councilmember shall appoint one member who resides in his/her respective district; (B) The Mayor shall appoint one member who resides in the City at large; and (C) The City Council and Mayor shall ratify the appointments so made at a 13 public meeting. l lJ J~'..? Section Four. Terms of Service. / (A) Board of Ethics members shall se ry e terms consistent with the term of the elected official who appointed th em to the Board of Ethics . Upon the expiration of a term , the expirih g member shall hold office until a successor is appointed and -t_atifie d as required in Section Three . =-- (B) No person may serve more than two (2) consecutive terms as a Board of Ethics member. (C) All appointments following the expiration of the term and all appointments made in the cases of vacancies created during a particular term shall be made by the respective Councilmember or Mayor in the same manner as provided for in Section Three within forty-five (45) days of the creation of the vacancy . If the appointing Councilmember has not made an appointment to fill a vacancy within forty-five (45) days , the Mayor shall appoint an individual from that respective district to fill the vacancy. Section Five . Organization and Internal Operating Regulations . (A) The Board shall elect a chairperson and vice chairperson t o serve for a term of one year , or until a successor is elected. (B) Members of the Board are volunteers and shall serve without compensation . (C) The City Council shall provide meeting space for the Boa rd of Ethics . Subject to budgetary procedures and requirements of the City , the City shall provide the Board of Ethics with such supplies and equipment as may be reasonably necessary to perform its duties and responsibilities. The City Clerk shall serve as Recording Secreta to the Board of Ethics . lJV'v ' (D) Subject to budgetary procedures and quirements of the City , the City Attorney shall be available to ist th Board of Ethics in carrying out its responsibilities or to act as ;.,:;-...-..,~,...J,::'H"· In the event the City Attorney has a conflict of interest in acting a anng officer on a particular case , the Board of Ethics may petition the City Council for appointment of counsel on a case -by -case basis . Any such appointed counsel shall be approved by the City Council , shall perform services at an approved hourly rate , and shall serve at the joint pleasure of the Board of Ethics and the City Council. The Board of Ethics shall conduct at least one meeting per quarter, which 14 shall be on the fourth (4 th ) Monday of January , April , July , and October, respectively . Additionally , as deemed necessary upon call of the Chairperson or a majority of the Board of Ethics, the Board of Ethics may call a special hearing . All meetings of the Board of Ethics shall be conducted in public , shall be duly publicized , and shall be otherwise conducted in accordance with the Open Meetings requirements under state law. The dates and times of the meetings as set forth herein may be altered b a majority vote of the Board of Ethics. o\.A,i.fl-. - (F) ~ members of the Board of Ethics shall constitute a quorum for the transaction of business . The Chairperson shall be entitled to the same voting rights as the other members of the Board of Ethics . ffie· concerning complaints shall be taken by the Board of ·e , except by affirma I at least six (6) members of the Board ----... of Ethics . Section Six . Removal of Members . The City Council may remove a member of the Board of Ethics on grounds of neglect of duty , or misconduct in office . Before initiating the removal of a member from the Board of Ethics, the City Council shall give the member written notice of the reason for the intended action , and the member shall have the opportunity to reply . Thereafter, the City Council shall afford such member an opportunity for a hearing before the City Council. Section Seven . Resignation of Member. If a member of the Board of Ethics decides to resign during his/her term, the member's resignation shall be submitted in writing to the City Clerk who shall forward the resignation to the City Council , Mayor, and other members of the Board of Ethics . A resignation shall be deemed effective upon submission to the City Clerk . Section Eight. Duties and Powers . The Board of Ethics shall have the following duties and powers : (A) To establish any procedures , rules , and regulations governing its internal organization and conduct of its affairs , provided that such procedures , rules , and regulations do not conflict with any provision contained herein . (B) To receive and hear complaints of violations of standards required by this Ordinance . (C) To take such action as provided in this Ordinance as deemed appropriate because of any violation of this Ordinance . 15 (D) To perform any other function authorized by this Ordinance . (E) To issue advisory opinions as provided in this Ordinance. (F) To make recommendations to the City Council and Mayor with respect to an educational program for Employees and City Officials subject to this Ordinance , new Board of Ethics members, and the public about their rights and duties hereunder. (G) To make recommendations to the City Council and Mayor for legislative or administrative actions regarding the City 's policies and practices , which the Board believes could enhance the ethical environment in which public servants work. Section Nine. Custodian of Records . The City Clerk shall serve as legal custodian of the Board of Ethics ' records , and accept, file , maintain , and administer, in accordance with all applicable laws , and any information related to the purposes of this Ordinance. Section Ten . Limitation of Liability. No member of the Board of Ethics , or any person acting on behalf of the Board of Ethics , shall be liable to any person for any damages arising out of the enforcement or operation of this Ethics Ordinance, except in the case of willful or wanton conduct. This limitation of liability shall apply to the City, the members of the Board of Ethics , the employees of the Board of Ethics , and any person acting under the direction of the Board of Ethics. Section Eleven. Advisory Opinion . The Board of Ethics shall render an advisory opinion based on a real or hypothetical set of circumstances when requested to do so in writing by a City Official or Employee related to that City Official's or Employee 's conduct or transaction of business . Such advisory opinions shall be rendered pursuant only to a written request , fully setting forth the circumstances to be reviewed by the Board of Ethics. The proceedings of the Board of Ethics pursuant to this section shall be held in public , and the opinions of the Board of Ethics shall be made available to the public . Section Twelve. Complaints. The Board of Ethics shall be responsible for hearing and deciding any complaints filed regarding alleged violations of this Ordinance by any person. The following procedures shall be followed when filing a complaint: . 7 e o/15 fl Act<£ 01/ f~~ssu worf\J. L 16 B) (C) (D) Any person may file a complaint alleging a violation of any of the provisions of this Ordinance by submitting it to the City Clerk, who shall immediately deliver such complaint to the members of the Board of Ethics. A copy of such complaint shall immediately be forwarded by registered mail to the City Official or Employee against whom the complaint was filed. The complaint must identify the specific provisions alleged to be violated, must be supported by affidavits based on personal knowledge, shall set forth such facts as would be admissible in evidence , and shall show affirmatively that the affiant is competent to testify to the matters stated therein . All documents referred to in an affidavit(s) should be attached to the affidavit(s). Every ethics complaint filed shall contain the following statement: "I have read the complaint and aver that the facts contained therein are true to the best of my knowledge and belief and I am aware that the Ethics Ordinance that created the Board of Ethics authorizes the Board to impose penalties for filing a frivolous complaint including without limitation , dismissal of the complaint, payment of costs associated with the handling and processing of the complaint, and/or all other penalties applicable under the law." A complaint must be filed within six (6) months of the date the · alleged violation is said to have occurred , or in case of concealment or nondisclosure within six (6) months of the date the alleged violation should have been discovered after due diligence. Upon receipt of a complaint alleging misconduct, the City Official or E I ee against .,.,_,._...~ · · avits based on personal knowledge , must set forth such facts as would be admissible in evidence , and must show affirmatively that the affiant is competent to testify to the matters stated therein. All documents referred to in an affidavit(s) should be attached to the affidavit(s). The respondent shall verify the response by his or her signature thereon. Within sixty (60) days of receipt of a complaint , the Board of Ethics shall convene a meeting to conduct an initial review to determine whether the complaint is technically deficient and whether specific substantiated evidence from a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordinance . If afte he..._~ng complaint oard of Ethics by vote determines that a complaintlS"tec · eficient, the Board of Ethics shall submit a list of eficiencies to the---c~onnstan::iant and offer the complainant the opportunity 17 (F) (G) (H) to correct the deficiencies within seven (7) days prior to the complaint being dismissed for technical deficiencies . If after reviewing the complaint the Board of Ethics by vote determines that no specific , substantiated evidence from a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordinance or determines that no violation occurred as a matter of applying th~ facts alleged to the terms of the Ordinance , it may dismiss the complaint without further proceedings . In the event a complaint is dismissed based upon the merits of the complaint , the complaint may not be re-filed . If t e Board of Ethics determines that specific , substantiated evidence om a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordnance , certified written notice of a hearing, containing the time , date , and place of such hearing , shall be given to each party by the Board of Ethics , and a formal public hearing shall be conducted and both parties afforded an opportunity to be heard . Any formal public hearing shall be conducted in accordance with the ,,4 d__m. , requirements of due process . The Board of Ethics is authorized to. s·ovear o ,,q. ~ witness.es,~ fo !s~v.-e sJ/!tJV>-7"<.< ~ ~le/ 67 K -jJ~¥-O 4-UJYL-/'/'~' Any final determination resulting from the hearing shall include written findings of fact and conclusions of law . The Board of Ethics shall determine if clear and convincing evidence shows any violation of this Ordinance . ~ / 6 0 ~ J. ~ Section Thirteen . Disciplinary Action . (A) Upon a determination that an Employee has violated this Ordinance , the Board of Ethics may recommend the following penalties and actions : (1) Written warning or reprimand ; (2) Suspension without pay; (3) Termination of employment ; and (4) Repayment to the City of any unjust enrichment. (B) Upon a determination that a City Official has violated this Ordinance , the Board of Ethics may recommend to the Mayor and City Council the following penalties and actions : (1) Written warning , censure , or reprimand ; 18 (2) Removal from office to the extent provided by Georgia law; and (3) Repayment to the City of any unjust enrichment. (C) In addition to any other remedy provided herein , upon determination of a violation of this Ordinance , the Board of Ethics may recommend to the City Council in writing that any contract , bid, or change order that was the subject of the violation should be cancelled or rescinded . The City Council, however, shall retain the discretion to determine whether such a cancellation or rescission would be in the best interest of the City and shall not be bound in any way by a recommendation of the Board of Ethics . (D) The Board of Ethics may also forward its findings of fact and conclusions of law to the Fulton County District Attorney 's Office and/or the Office of the Governor for appropriate action. Section Fourteen. Judicial Review . (B) Any party against whom a decision of the Board of Ethics is rendered may obtain judicial review of the decision by writ of certiorari to the 1superior \'court of Fulton County . The application for the writ must be filed within thirty (30) days from the date of the written decision. Judicial review shall be based upon the record. No party shall be entitled to a de nova appeal. Upon failure to timely request judicial review of the decision by writ of certiorari as provided in this section , the decision shall be binding and final upon all parties. Section Fifteen. Ex Parte Communications. (A) After a complaint has been filed and during the pendency of a complaint before the Board of Ethics, no member of the Board of Ethics may communicate directly or indirectly with any party or other person about any issue of fact or laws regarding the complaint, except as follows: (1) The members of the Board of Ethics may obtain legal advice from the City Attorney and may discuss the complaint with any staff provided to the Board of Ethics by the City Council ; and (2) The members of the Board of Ethics may discuss the complaint at a lawfully conducted meeting only ; and (3) If any person attempts to communicate with a Board of Ethics member regarding the pending complaint, the Board of Ethics member shall report the substance of the communication to the Board of Ethics on the public record at the next meeting or hearing 19 of the Board of Ethics. (B) No Board of Ethics member shall undertake an independent investigation of any complaint or matter before the Board of Ethics. Section Sixteen . Confidentiality of Board of Ethics Information . No member of the Board of Ethics , nor any public servant who has access to any confidential information related to the functions or activities of the Board of Ethics , shall divulge that information to any person not authorized to have it. Section Seventeen. Wrongful Use of the Board of Ethics . The purpose of the Board of Ethics is to endeavor to maintain a high standard of ethical behavior by City Officials and Employees . This will be most effective when City Officials , Employees, and citizens work together to set and maintain high ethical standards . Complaints directed to the Board of Ethics must be based on fact and have the intent to improve the ethical climate of the City . Ind ividuals directing unfounded , frivolous , false , or politically motivated complaints to the Board of Ethics may be subject to penalties including, but not limited to , dismissal of the complaint , public reprimand , criminal prosecution for perjury, and/or payment of costs associated with the handling and processing of the Complaint. Other penalties may be imposed by the Board of Ethics for the wrongful use of the Ethics Ordinance . Section Eighteen . Wrongful Use of the Ethics Ordinance . (A) A wrongful use of the Ethics Ordinance shall occur if and when a frivolous or false complaint is filed in a negligent, reckless , or purposeful manner without a basis in law or fact and for purpose other than reporting a violation of this Ordinance. A person has not filed a frivolous complaint if he/she reasonably believes that facts exist to support the claim and either reasonably believes that under those facts the complaint is valid under this Ordinance or acts upon the advice of counsel sought in good faith and given after full disclosure of all relevant facts within his/her knowledge and information . In deciding i! a complaint is a_ "Wro~gful U~e of the Code of 1 E~hics ," th ~,. . Board of Eth1c~also consider: t ~ c l~dc tv?, 0 v,.,( ,N o f /,II'\, te-./c:/.v ~ tall~! 5'AA-/ I I (1) The timing of the complaint with respect to when the facts supporting the alleged violation became known or should have become known to the complainant, and with respect to the date of any pending election in which the respondent is a candidate or is involved with a candidacy , if any ; (2) The nature and type of any publicity surrounding the filing of the 20 complaint , and the degree of participation by the complainant in publicizing the fact that a complaint was filed with the Board of Ethics ; (3) The existence and nature of any relationship between the respondent and the complainant before the complaint was filed ; (4) If respondent is a candidate for election to office , the existence and nature of any relationship between the complainant and any candidate or group opposing the respondent. (5) Any evidence that the complainant knew or reasonably should have known that the allegations in the complaint were groundless ; and (6) Any evidence of the complainant 's motives in filing the complaint. ARTICLE SIX: MISCELLANEOUS Section One . Severability. If any provision of this Ordinance is found by a court of competent jurisdiction to be invalid or unconstitutional , or if the application of this Ordinance to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section Two. Repealer . All Ordinances or parts of ordinances in conflict herewith are held repealed , including without limitation , the previously existing City of Milton Ethics Ordinance . Section Three . Effective Date . This Ordinance shall become effective immediately upon its passage by the Mayor and Council of the City of Milton . [SIGNATURES ON FOLLOWING PAGE] 21 This ___ day of ________ , 2008. MIL TON CITY COUNCIL Mayor Joe Lockwood Councilwoman Karen Thurman Councilwoman Julie Zahner Bailey Councilman William C. Lusk Councilman Burt Hewitt Councilwoman Tina D'Aversa Councilman Alan Tart Attest: Milton City Clerk 22