In the wake
of recent ethics charges against the city attorney,
Peachtree City officials are looking at ways to require
more financial disclosure from the city's contractors.
An ethics
board was convened to hear a charge against Jim Webb
earlier this year. The case was dismissed when Griffin
attorney Andrew Whalen III advised the ethics board that
the city attorney is not covered under the city's current
ordinances and charter as far as ethics matters are
concerned.
Based
partly on that report, city attorney Rick Lindsey
informed the City Council at its May 4 meeting that some
revisions to the ethics code may be in order.
Lindsey
reiterated his earlier comments that he believes the
Georgia Constitution has preempted the state legislature
and local governments from enacting laws that control the
practice of law, choosing instead to place that authority
entirely with state Supreme Court. Based on that
interpretation, any ordinance passed by the city in that
regard would be unconstitutional, he said.
But Lindsey
went on to say that he did believe the city could gain
some additional control over the city attorney, such as
the ability to require financial disclosure and make the
city attorney a city official. One of Webb's arguments in
his ethics case, and one with which Whalen agreed, was
that the city attorney is not a "city official"
the way the city's laws currently read.
To obtain
this kind of control, the City Council would have to pass
an ordinance or make a change to the city's charter,
Lindsey said. But doing so would also require careful
consideration of the city's interests balanced against
those of the city official in question, he added.
"For
example, I am willing to fully disclose all of my
(limited) financial matters to you and to the public, but
there may be some other very qualified potential
candidates for the city attorney position who might be
reluctant or even opposed to `big brother government'
prying into such personal matters," said Lindsey.
"Obviously, that is a decision you will have to
make."
Lindsey
concluded his remarks by saying that he was now in a
position to simply wait for whatever direction the
council wanted him to take. All of these guidelines could
conceivably be applied to auditors, he added, although he
has not researched what, if any, standards already apply
to CPAs.
Councilman
Robert Brooks suggested doing some research into how
other municipalities have handled matters of this nature,
and the rest of the council agreed. Annie McMenamin added
that there could be some potential for duplication of
safeguards that are already in place, since attorneys are
already subject to a separate ethics code.







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