SB359: SB359 Henry County; Board of Commissioners; code of ethics; revise and restate provisions

Henry County's ethics rules for elected officials and county employees date back to a 1974 local law. This bill replaces the existing ethics section (Section 7.1) with a longer, more detailed version. It keeps the basic ban on conflicts of interest, gifts, and misuse of confidential information, but adds new rules for how complaints are filed, investigated, and heard, and creates a full time, salaried ethics officer (a lawyer appointed by the chief superior court judge) and a separate ethics administrator who works for the Board of Ethics. The bill also changes how the five member Board of Ethics is appointed, having the Clerk of Superior Court, the Probate Judge, the Sheriff, the Tax Commissioner, and the Solicitor General each name one member and one alternate starting January 1, 2027. Separately, the bill revises the chairperson's powers over hiring and firing the county manager and clerk, and clarifies the county manager's authority over county employees.

• Replaces Henry County's existing code of ethics (Section 7.1) with a revised version covering definitions, prohibited conduct, disclosure requirements, and enforcement procedures.
• Creates a full-time, salaried ethics officer position, appointed by the chief judge of the Superior Court of Henry County, requiring the officer to be an active member of the State Bar with five years' legal experience.
• Creates a separate full-time, salaried ethics administrator position selected and supervised by the Board of Ethics to handle complaint intake and recordkeeping.
• Restructures the five-member Board of Ethics so that the Clerk of Superior Court, Probate Judge, Sheriff, Tax Commissioner, and Solicitor General each appoint one member and one alternate starting January 1, 2027.
• Sets penalties for ethics violations, including administrative fines up to $1,000, public reprimand, and criminal prosecution carrying fines up to $1,000 and up to six months in jail.
• Revises the chairperson's authority to appoint, fire, discipline, or suspend the county manager and county clerk, and clarifies the county manager's power over hiring and firing other county employees.

Henry County elected officials, appointed board and commission members, and county employees who must follow the ethics rules; the county's Board of Ethics, ethics officer, and ethics administrator who enforce them; the county chairperson and county manager whose hiring and firing powers change; and county officeholders like the Clerk of Superior Court, Probate Judge, Sheriff, Tax Commissioner, and Solicitor General who gain new appointment authority.

The changes reshape who investigates and decides ethics complaints against Henry County officials and employees, who appoints the people doing that work, and how disputes over hiring or firing county managers and staff get resolved, affecting accountability and oversight in county government.

• Section 1 rewrites Section 7.1 in full, restating the purpose, definitions, and proscribed conduct provisions of the county's ethics code, including a new ban on commissioners issuing directives to county-manager-supervised employees.
• Section 1(g) sets out how ethics complaints are filed, including anonymous complaints and sworn written complaints, and directs adverse workplace complaints to human resources instead of the ethics board.
• Section 1(i) restructures the Board of Ethics: five members and five alternates appointed by named county officeholders, serving staggered three-year terms starting January 1, 2027, limited to two consecutive terms.
• Section 1(j) creates the ethics officer position, appointed by the chief judge of the Superior Court for up to six years, tasked with training, investigations, and quarterly reports to the Board of Commissioners and General Assembly members.
• Section 1(k) creates the ethics administrator position, serving at the pleasure of the Board of Ethics, responsible for maintaining records and notifying subjects of complaints.
• Section 1(l) details investigation and hearing procedures, including subpoena power, a preponderance-of-the-evidence standard, and a two-year statute of limitations for bringing complaints.
• Section 1(m) sets penalties: administrative fines up to $1,000, public reprimand, and criminal prosecution with fines up to $1,000 and up to six months imprisonment.
• Section 2 revises the chairperson's power to appoint and fire the county manager and county clerk, and clarifies the county manager's hiring and firing authority over other employees.

1. 2026-05-12Effective Date 2026-05-12
2. 2026-05-12Act 623
3. 2026-05-12Senate Date Signed by Governor (Senate)
4. 2026-04-10Senate Sent to Governor (Senate)
5. 2026-04-02Senate Agreed House Amend or Sub (Senate)
6. 2026-03-31House Passed/Adopted By Substitute (House)
7. 2026-03-31House Third Readers (House)
8. 2026-03-31House Committee Favorably Reported By Substitute (House)

• Emanuel Jones (D, SD-010)Primary sponsor
• Gail Davenport (D, SD-017)
• Brian Strickland (R, SD-042)
• Ricky Williams (R, SD-025)
• El-Mahdi Holly (D, HD-116)

1. PassedSenate voteMarch 31, 2025

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

   Local Consent Calendar: Senate Vote #339

2. PassedHouse voteMarch 31, 2026

   161 yea, 3 nay (5 not voting, 7 absent)

   Local Calendar : House Vote #803

3. PassedSenate voteApril 3, 2026

   44 yea, 6 nay (3 not voting, 1 absent)

   Agree To House Substitute: Senate Vote #990

• Henry County government
• local government ethics
• county commissioners
• government accountability
• local legislation