Ethics board suggests changes to hearing and appeal process

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Ethics board suggests changes to hearing and appeal process

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Share this Post

Proposed

changes to Peachtree City's ethics ordinance could

drastically alter how ethics complaints are heard against

city employees and city officials.

The new

process would give the city's Ethics Board the power to

conduct hearings on ethics complaints and hand down

reprimands if necessary. If a person is found in

violation of the ethics ordinance, the board could choose

one of three sanctions:

- No formal reprimand, but an

admonishment not to violate the ethics code in the

future;

- A formal reprimand;

- Public censure and/or recommendation

to council for removal from office.

Council

received a copy of the proposed changes to the ethics

ordinance, which were developed by the Ethics Board, at

the last council meeting. Action on the matter was tabled

so council could wait for input from City Attorney Rick

Lindsey.

The accused

employee or official could appeal the board's decision to

council to try and reverse or modify the decision,

according to the suggested ordinance changes.

The changes

call for the final appeal to be in Fayette County

Superior Court, which is currently the only route of

appeal available to those found in violation of the

ethics code.

Lindsey

said he will prepare recommendations to add to and modify

the Ethics Board's changes, particularly on financial

disclosure issues.

Lindsey

also said he would make recommendations to hold city

contract employees - such as the city attorney and

city auditor - accountable through the ethics

ordinance.

The

proposed changes to the ethics ordinance also would

forbid ethics complaints from being dropped. That could

help employees or officials clear their names for the

record and help keep frivolous complaints from being

filed for other motives, it was mentioned.

The Ethics

Board also would gain the power to conduct its own

investigation, according to the ordinance changes the

board submitted. That investigation must be approved by a

majority vote, which could cause the original ethics

hearing to be extended up to 45 days.

The

proposed changes from the board also would make city

volunteers accountable to the ethics ordinance. But some

council members wanted to work on defining that further,

perhaps including only volunteers who act in official

capacities for the city.

Hearing

procedures also were established in the suggested changes

to the ordinance from the ethics board. Those procedures

would require that the accused official or employee be

notified in writing at least 10 business days before the

hearing.

The accused

person also has the right to be represented by legal

counsel, according to the changes recommended by the

Ethics Board.

The

proposed ethics code changes also require both the

complainant and the accused person to file a list of

witnesses and evidence with the city clerk at least 10

days before the hearing is conducted.

Ethics

charges could not be brought if the offense is at least

two years old, according to the recommended ordinance

changes.

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