HomeMy WebLinkAboutOrdinances 21-01-464 - 01/04/2021STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO.21-01-464
BE IT ORDAINED by the City Council for the City of Milton, Georgia as follows:
WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of
Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations
for the protection and preservation of the public health, safety and welfare of its citizens; and
WHEREAS, Article VI11 of Chapter 2 of the City of Milton Code of Ordinances regulates
the acceptance of gifts by city officials, officers, and employees in the City of Milton and imposes
various requirements and regulations acceptance or solicitation of gifts by such individuals; and
WHEREAS, the Mayor and Council have determined that it is in the best interest of the
City's residents to amend the existing regulations;
NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY
ORDAINS, as follows:
SECTION 1. That Section 2-858 of the City of Milton Code of Ordinances is hereby
replaced in its entirety by the text attached hereto as Exhibit A.
SECTION 2. That all ordinances or part of ordinances that conflict with the terms of this
ordinance are hereby repealed; and
SECTION 3. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature approval of the Mayor.
SO ORDAINED this the 4`' day of January 2021 the public's health, safety, and welfare
demanding it.
Attest:
oaasien•e by:
u ie or on City Clerk
Approved:
Doeu8gnW by:
Mai
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EXHIBIT A
Sec. 2-858. - 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 divisions 2 and 3 and subsection (a) above, there
shall be no violation of this article 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, 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.
(c) An exception to the dollar amount limited permitted for occasional gifts set forth in paragraph
(b)(2) above exists for public safety employees such that, so long as the circumstances
surrounding conveyance and receipt of the gift are consistent with subsection (a), above, this
subsection (c) (I — 4), and subsection (d), below, employees of the Fire -Rescue Department
and/or the Police Department may accept gifts in amounts greater than $101.00 within a
' calendar year, so long as:
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' (1) The gift, grant, or donation is made by an organization whose primary purpose is
charitable in nature;
(2) The gift, grant, or donation is made to an employee of the Fire -Rescue Department or
the Police Department, and is a charitable donation intended to provide assistance or
relief to the identified employee;
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(3) The Fire Chief (for gifts to employees of the Fire -Rescue Department) or Chief of
Police (for gifts to employees of the Police Department) provides advance written
approval of the gift, grant, or donation to the identified employee; and
(4) The City Manager provides advance written approval of the gift, grant, or donation to
the identified employee.
(d) Nothing in paragraph (c) above shall be construed as authorizing the acceptance of gifts,
grants, or donations that would constitute the offense of bribery in violation of state law
nor shall any gift, grant, or donation be allowed under circumstances where it may
reasonably appear that the purpose of the grant, gift, or donation is for other than a
charitable purpose.
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