SB289: SB289 Codes of Ethics for Government Service; a definition of "formal charges" regarding ethical violations by members of certain boards, commissions, or authorities; provide

Under current Georgia law (O.C.G.A. § 45-10-4), the Governor can hold a hearing and remove a member of a board, commission, or authority for an ethics violation once 'formal charges' are filed, but the law does not spell out what makes a charge 'formal.' This bill adds that definition. It says a formal charge must be a statement made under oath by an elected state, county, or municipal official, alleging probable cause that a board, commission, or authority member violated the ethics rules in O.C.G.A. § 45-10-3. The rest of the removal process stays the same: the Governor or a designee holds a hearing, the accused member gets at least 30 days' notice, and if the charges are proven true the member is removed and the vacancy filled as the law provides. The bill would take effect immediately once signed by the Governor.

• Adds a definition of 'formal charge' to Georgia's ethics law for board, commission, and authority members (O.C.G.A. § 45-10-4).
• Requires a formal charge to be a sworn statement made under oath by an elected state, county, or municipal official.
• Requires the sworn statement to allege probable cause that the member violated the ethics standards listed in O.C.G.A. § 45-10-3.
• Leaves in place the existing hearing process, 30-day notice requirement, and removal and vacancy-filling procedures once formal charges are filed.
• Sets the effective date as the day the Governor signs the bill, or the day it becomes law without a signature.

Members of Georgia boards, commissions, and authorities created by state statute, the Governor and any designated hearing agent, and elected state, county, or municipal officials who would be the only people authorized to file a formal ethics charge under this new definition.

By spelling out that only a sworn statement from an elected official can trigger the Governor's removal process, the bill sets a clearer, narrower threshold for starting ethics removal proceedings against board and commission members, which could affect who can initiate such charges and how disputes over removals are resolved.

• Section 1 revises O.C.G.A. § 45-10-4 to add subsection (a), defining 'formal charge' as a sworn statement by an elected state, county, or municipal official alleging probable cause of an ethics violation under O.C.G.A. § 45-10-3.
• Section 1 retains subsection (b)'s existing procedure: the Governor or a designated agent holds a hearing, the accused member gets at least 30 days' notice, and a true finding leads to removal and filling the vacancy as provided by law.
• Section 1 keeps the reference to the Georgia Administrative Procedure Act (Chapter 13 of Title 50) governing the hearing and judicial review process.
• Section 2 makes the Act effective upon the Governor's approval or upon its becoming law without approval.
• Section 3 repeals any conflicting laws.

1. 2025-02-27Senate Read and Referred (Senate)
2. 2025-02-26Senate Hopper (Senate)

• Nabilah Islam Parkes (D, SD-007)Primary sponsor
• Harold Jones (D, SD-022)
• Kim Jackson (D, SD-041)
• Jason Esteves (D, SD-035)
• Nan Orrock (D, SD-036)
• Sonya Halpern (D, SD-039)
• Sally Harrell (D, SD-040)
• Kenya Wicks (D, SD-034)
• Elena Parent (D, SD-044)
• Nikki Merritt (D, SD-009)
• Emanuel Jones (D, SD-010)
• Donzella James (D, SD-028)
• Sheikh Rahman (D, SD-005)
• David Lucas (D, SD-026)
• Randal Mangham (D, SD-055)
• RaShaun Kemp (D, SD-038)
• Derek Mallow (D, SD-002)
• Ed Harbison (D, SD-015)

• government ethics
• boards and commissions
• state officials
• public integrity