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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