SB358: SB358 DeKalb County; verification of ethics complaints; revise administrative procedures

25 LC 47 3571 Senate Bill 358 By: Senators Jones of the 10th, Harrell of the 40th, Mangham of the 55th, Anderson of the 43rd, Parent of the 44th and others AS PASSED SENATE A BILL TO BE ENTITLED AN ACT To amend an Act revising, superseding, and consolidating the laws relating to the governing1 authority of DeKalb County and creating a chairman and board of commissioners of said2 county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act3 approved April 9, 1981 (Ga. L. 1981, p. 4304), an Act approved March 20, 19904 (Ga. L. 1990, p. 3900), an Act approved April 13, 1992 (Ga. L. 1992, p. 6137), an Act5 approved May 12, 2015 (Ga. L. 2015, p. 3811), and an Act approv ed July 29, 20206 (Ga. L. 2020, p. 4069), so as to revise administrative procedur es related to verification of7 ethics complaints; to provide for related matters; to repeal co nflicting laws; and for other8 purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 An Act revising, superseding, and consolidating the laws relating to the governing authority12 of DeKalb County and creating a chairman and board of commissio ners of said county,13 approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved14 April 9, 1981 (Ga. L. 1981, p. 4304), an Act approved March 20, 1990 (Ga. L. 1990,15 p. 3900), an Act approved April 13, 1992 (Ga. L. 1992, p. 6137) , an Act approved16 S. B. 358 - 1 - 25 LC 47 3571 May 12, 2015 (Ga. L. 2015, p. 3811), and an Act approved July 2 9, 2020 (Ga. L. 2020,17 p. 4069), is amended by revising subparagraph (f)(1)(B) of Section 22A as follows:18 "(B) A sworn written complaint may be filed with the ethics administrator of the Board19 of Ethics, as described in this paragraph. All written complai nts to be considered by20 the Board of Ethics and the ethics administrator shall contain the following, if21 applicable:22 (i) The name and address of the person or persons filing the complaint;23 (ii) The signature of the complainant which shall be validated by the ethics officer;24 (iii) The name and address of the party or parties against whom the complaint is filed25 and, if such party is a candidate, the office being sought;26 (iv) A clear and concise statement of acts upon which the complaint is based along27 with an allegation that such facts constitute one or more violations of law under the28 jurisdiction of the Board of Ethics;29 (v) A general reference to the allegedly violated statutory provision(s) of the code of30 ethics within the jurisdiction of the Board of Ethics; and31 (vi) Any further information which might support the allegatio ns in the complaint32 including, but not limited to, the following:33 (I) The names and addresses of all other persons who have firsthand knowledge of34 the facts alleged in the complaint; and35 (II) Any documentary evidence that supports the facts alleged in the complaint;"36 SECTION 2.37 Said Act is further amended by revising paragraph (3) of subsec tion (j) of Section 22A as38 follows:39 "(3) A complaint may be filed by any resident or group of residents of DeKalb County40 by submitting to the office of the ethics administrator a writt en, and sworn complaint41 under the penalty of perjury or false swearing. The complaint shall specifically identify42 S. B. 358 - 2 - 25 LC 47 3571 all provisions of the DeKalb County code of ethics which the subject of the complaint is43 alleged to have violated, set forth facts as would be admissibl e in evidence in a court44 proceeding, and show affirmatively that the complainant or affi ant (if in addition to or45 different from the complainant) is competent to testify to the matter set forth therein. All46 documents referenced in the complaint as well as supporting affidavits shall be attached47 to the complaint;"48 SECTION 3.49 All laws and parts of laws in conflict with this Act are repealed.50 S. B. 358 - 3 -