10/14/2024
PROPOSED TEXT OF NEW CITY ETHICS ORDINANCE:
ORDINANCE NO. _________
A RESOLUTION TO AMEND THE CODE OF ORDINANCES, CITY OF WASHINGTON, GEORGIA TO AMEND CHAPTER 2, ARTICLE IV, PROVIDING A NEW PROCEDURE FOR EXAMINATION, INVESTIGATION, AND DETERMINATION OF COMPLAINTS AGAINST OFFICIALS AND EMPLOYEES OF CITY GOVERNMENT
WHEREAS, the City of Washington, Georgia has established an ordinance pertaining to ethics of City officials and employees.
WHEREAS, the current ordinance provides that when a complaint is filed against a City official, members of the City Council are appointed to serve on an investigative committee to determine whether the complaint is nonfrivolous and should be presented before the full Council.
WHEREAS, the City Council and Mayor desire to create a Board of Ethics, made up of members appointed from the public to examine filed complaints, collect evidence, and render determinations as to appropriate consequences.
WHEREAS, the City Council and Mayor believe that such a policy would foster greater trust and confidence in the community as to its City officials and employees and in the City’s ethics complaint procedure.
NOW, THEREFORE, the Mayor and Council of the City of Washington hereby ordain:
There shall be a newly adopted Sec. 2-234, that reads as follows:
Sec. 2-234. – Board of ethics.
For the purpose of investigating and rendering determinations of ethics complaints filed against city officials and employees, there is created a Board of Ethics.
For the investigation of a complaint against a city official or employee, a Board of Ethics, composed of three members shall be appointed from the pool of qualified individuals, selected as follows: the mayor and councilmembers shall each designate one qualified citizen. Each member of the pool shall consent to serve as a member of such Board of Ethics for a period of two years and to be called upon to serve in the event a Board of Ethics is appointed. The City Administrator shall maintain a listing of these qualified citizens.
Members of the Board of Ethics must meet the following eligibility requirements to qualify for service on the Board of Ethics.
Must be a resident of the City of Washington for at least one year immediately preceding the date of taking office.
Members must remain a resident while serving on the Board of Ethics.
No person shall serve as a member if the person has, or has had within the preceding one-year period, any interest in any contract or contracting opportunity with the city or has been employed by the city.
No person shall serve on the Board of Ethics who has been convicted of a felony involving moral turpitude in this state or any other state, unless such person’s civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude.
No person shall serve on the Board of Ethics who is less than 21 years of age, who holds a public elective office, who is physically or mentally unable to discharge the duties of a member of the Board of Ethics, or who is not qualified to be a registered voter in the City of Washington.
Members of the Board of Ethics with any permit or rezoning application pending before the city, or any pending or potential litigation against the city or any city official charged in the complaint shall be disqualified from serving on the Board of Ethics for that complaint. An alternate member of the Board of Ethics shall be selected in the same manner as the disqualified individual.
Members of the Board of Ethics shall serve without compensation. The City Council shall provide a meeting space for the Board of Ethics and, subject to budgetary procedures and requirements of the city, such supplies and equipment as may be reasonably necessary for the Board to perform its duties and responsibilities.
Upon appointment, members of the Board of Ethics shall sign an affidavit attesting to their qualification to serve as a member of the Board of Ethics.
Members of the Board of Ethics may be removed by a majority vote of the City Council.
The current Sec. 2-234. – Investigation and hearings. shall be renumbered and designated as Sec. 2-235, and be amended as follows:
Sec. 2-235. – Investigation and hearings.
Any person having a complaint against any city official for an alleged ethics violation shall file in writing a verified complaint setting forth the particular facts and circumstances which constitute the alleged violation by the city official. The complaint shall be filed with the City Administrator or his designee mayor or in the event of a complaint pertaining to the mayor the complaint shall be filed with the mayor pro tern. Upon receipt of a complaint, the City Administrator shall notify the Mayor and Council of the complaint, and within seven (7) days of receipt shall forward a copy of that complaint to the city official or employee charged in the complaint. and if the complaint is against an elected or appointed official or the city administrator, the mayor shall appoint three members of council, who along with the city attorney shall constitute an investigating committee. In the event the complaint is against, the mayor pro tem shall appoint said committee as described above. If the complaint is against an employee the complaint shall be forwarded to the city administrator who shall constitute the investigative committee, conduct the investigation, and take the required action or hand down any penalties along with assistance from the city attorney and city clerk as needed. At the next regularly scheduled public meeting or at a specially called public meeting, the Mayor and City Council shall draw names randomly from the list of qualified citizens until three members of the Board of Ethics have been appointed. Such Board will elect one of its members to serve as chair.
All complaints shall be submitted, in writing, and signed under oath, shall be legibly drawn and shall clearly address matters with the scope of this article.
Any elected official who files a complaint against another elected official for an alleged ethics violation must simultaneously submit a $100.00 deposit to the city clerk accompanying the complaint. The city clerk shall hold the $100.00 deposit until the alleged violation is either dismissed or prosecuted.
If the complaint is dismissed by the Board of Ethics prior to a full hearing before the mayor and council, the $100.00 shall then be deposited into the city's general fund and the elected official who filed the complaint shall pay for any associated attorney's fees borne by the city. Otherwise, upon conclusion and final determination of the ethics complaint If the complaint comes before mayor and council, no matter its final disposition, the city clerk shall refund the $100.00 to the elected official who filed the complaint and made the deposit.
Upon empaneling of a Board of Ethics and receipt of a complaint, the Board of Ethics shall review it to determine whether the complaint is unjustified, frivolous, patently unfounded, or fails to state facts sufficient to invoke the disciplinary jurisdiction of the City Council and this article. Such dismissals shall be in writing and the Board of Ethics shall promptly notify the City Administrator, Mayor, City Council, and complainant. The committee shall determine whether the complaint against an elected or appointed official or the city administrator sets forth sufficient facts and circumstances so as to warrant a hearing. The committee shall have 60 days to complete the investigation. Any complaint deemed non-frivolous by the committee shall warrant a hearing. If the committee determines a hearing is warranted, said hearing shall be held within 60 days of the conclusion of the investigation. In the event the complaint does not set forth sufficient facts to constitute an alleged violation and is found unjustified, frivolous or patently unfounded, it shall be dismissed and the complainant notified immediately.
For complaints that are not dismissed, the Board of Ethics is empowered to conduct investigations, collect evidence and information concerning any complaint, to hold hearings to address the subject matter of the complaint, and shall add the findings and results of its investigations to the file containing such complaint. A hearing shall be held within sixty calendar days after the appointment of the Board of Ethics. The Board of Ethics shall conduct hearings in accordance with the procedures and regulations it establishes and may hold more than one hearing if deemed appropriate and beneficial to rendering its determination. However, at least one hearing shall include the taking of testimony and cross-examination of available witnesses. At any hearing held by the Board of Ethics, the city official who is the subject of the inquiry shall have the right to written notice of the hearing and the allegations at least seven days before the hearing, to be represented by counsel, to hear and examine the evidence and witnesses, and to oppose or try to mitigate the allegations. The city official who is the subject of the inquiry shall also have the right, but not the obligation, to submit evidence and call witnesses. Failure to comply with any of the time deadlines in this section shall not invalidate any otherwise valid complaint or in any way affect the power or jurisdiction of the Board of Ethics or the City Council to act upon any complaint. The Board of Ethics is empowered to adopt forms for formal complaints, notices, and other necessary or desirable documents within its jurisdiction where the City Council has not prescribed such forms. If a hearing is warranted, the mayor shall conduct said hearing with a quorum of the council present. If the complaint is against the mayor, the mayor pro tem shall conduct the hearing. Any elected official that either files a complaint or is the subject of a complaint shall abstain from participating or voting in the hearing except for presenting the facts or issues of the complaint or establishing a defense against a complaint at the hearing.
Upon completion of its investigation of a compliant, the Board of Ethics is once again empowered to dismiss in writing those complaints which it determines are unjustified, frivolous, patently unfounded, or which fail to state facts sufficient to invoke the disciplinary jurisdiction of the City Council and this article. If not dismissed, findings and the determination of the Board of Ethics shall be submitted to the City Council and Mayor for action within seven days after completion of the final hearing.
Current Sec. 2-235. – Penalties and member rights. shall be renumbered Sec. 2-236 and be further amended as follows:
Sec. 2-236. – Penalties and member rights.
Any city official who knowingly violates any provision of the code of ethics provided in this article shall be subject to private reprimand, public censure, or a request for resignation by the City Council. Employees are subject to other disciplinary procedures allowed by the city ordinances and procedures.
At any hearing held by the mayor and council, the city official who is the subject of inquiry shall have the right to written notice of the allegations at least ten business days before a hearing, to be represented by counsel, to hear and examine the evidence and witnesses and present evidence and witnesses in opposition or in extenuation.
Each council, board, commission or committee shall have authority to establish rules and regulations to impose said penalties.
Current Sec. 2-236. – Penalties and member rights. shall be renumbered Sec. 2-237 and be further amended as follows:
Sec. 2-237. – Appeals.
Any city official, employee, or complainant adversely affected by these findings may obtain judicial review of such decision as provided in this section.
An action for judicial review may be commenced by filing a petition for review an application for a writ of certiorari in the Superior Court of Wilkes County within 30 days after the decision of the Board of Ethics is provided to the mayor and council. The filing of such petition application shall act as supersedeas.
All portions of this Code in conflict herewith are hereby repealed.
The foregoing Ordinance was adopted on the _______ day of ____________________, 2024 by a vote of _______ “yea” and _______ “nay”, and _______ abstained.
The undersigned approved by the Honorable Bruce A. Bailey, Mayor, and attested by Yoshe Jenkins, City Clerk.
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Bruce A. Bailey, Mayor
Attested:
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Yoshe Jenkins, City Clerk
