HB794: HB794 Clayton County; Board of Commissioners; code of ethics and board of ethics; revise and update provisions

Clayton County's local charter, first passed in 1955 and amended several times since, sets up a code of ethics for county officials and employees. This bill replaces the entire ethics section (Section 14.1) with an updated version. It redefines who counts as an official or employee, spells out banned conduct like accepting gifts tied to influence, and lays out how officials must disclose conflicts of interest. The bill also rebuilds the county's board of ethics: eight citizen members appointed mostly by the grand jury and the tax commissioner, with residency, background-check, and term-limit rules. It creates two new roles, an ethics officer (a licensed attorney who investigates complaints) and an ethics administrator (who manages records and notices), and gives the ethics board budgetary independence similar to a sheriff's office. It sets up complaint, hearing, and appeal procedures, along with fines up to $1,000 and referral of criminal conduct to law enforcement. The new board takes office September 1, 2025.

• Replaces Clayton County's existing ethics code (O.C.G.A.-style local Section 14.1) with a revised version covering definitions, banned conduct, and disclosure rules for officials and employees.
• Recreates the eight-member board of ethics with new residency, background-check, felony-conviction, and tax-debt eligibility rules, appointed mainly by the grand jury and tax commissioner starting September 1, 2025.
• Creates a new ethics officer position, an attorney with at least five years' experience, appointed by the ethics board and confirmed by the county commission, to investigate complaints and advise officials.
• Creates a separate ethics administrator position to log complaints, notify subjects of investigations, and maintain board records.
• Gives the board of ethics authority to propose its own budget and requires the county to fund it as a priority, with commission approval needed only if the request exceeds $200,000.
• Sets penalties for violations, including fines up to $1,000, public reprimand, contractor debarment, and referral of suspected criminal conduct to law enforcement agencies.

Clayton County elected officials, appointed board and commission members, and county employees, all of whom must follow the revised ethics code. It also affects the board of ethics members, the new ethics officer and ethics administrator, the grand jury and tax commissioner (who make appointments), and any businesses or contractors doing business with the county.

County officials and employees would operate under clearer, updated conflict-of-interest and disclosure rules, with a better-funded, independently staffed ethics board to investigate complaints. Residents could file complaints through a defined process, and violators could face fines, public reprimand, or referral for criminal prosecution.

• Section 1 revises Section 14.1(b) to redefine terms like 'interest,' 'official or employee,' 'remote interest,' and 'confidential information' for ethics purposes.
• Subsection (c) lists prohibited conduct, including accepting gifts meant to influence official acts, except for occasional gifts under $100 or public service awards.
• Subsection (i) recreates the eight-member board of ethics, sets residency and eligibility requirements, bars felons and those with unpaid tax debts, and starts the new board on September 1, 2025.
• Subsection (i)(4)(C) gives the board of ethics budgetary independence similar to sheriffs, with commission approval required only for requests over $200,000.
• Subsection (j) creates an ethics officer position requiring State Bar membership and five years' legal experience, appointed for up to six years.
• Subsection (k) creates an ethics administrator to handle complaint intake, notifications, and record-keeping.
• Subsection (m) sets penalties for violations, capping administrative fines at $1,000 and requiring referral of potential criminal conduct to law enforcement.
• Section 2 repeals any conflicting laws.

1. 2025-05-13Effective Date 2025-05-13
2. 2025-05-13Act 232
3. 2025-05-13House Date Signed by Governor (House)
4. 2025-04-07House Sent to Governor (House)
5. 2025-03-31Senate Passed/Adopted (Senate)
6. 2025-03-31Senate Committee Favorably Reported (Senate)
7. 2025-03-28Senate Read and Referred (Senate)
8. 2025-03-27House Passed/Adopted (House)

• Sandra Scott (D, HD-076)Primary sponsor
• Yasmin Neal (D, HD-079)
• Rhonda Burnough (D, HD-077)
• Robert Flournoy (D, HD-074)
• Demetrius Douglas (D, HD-078)
• Eric Bell (D, HD-075)

1. PassedHouse voteMarch 27, 2025

   164 yea, 0 nay (12 not voting, 4 absent)

   Local Calendar : House Vote #317

2. PassedSenate voteMarch 31, 2025

   49 yea, 0 nay (5 not voting, 2 absent)

   Local Consent Calendar: Senate Vote #339

• local government ethics
• Clayton County
• government transparency
• conflicts of interest
• county board of ethics