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

26 LC 47 4323S Senate Bill 359 By: Senators Jones of the 10th, Davenport of the 17th, Strickland of the 42nd and Williams of the 25th AS PASSED A BILL TO BE ENTITLED AN ACT To amend an Act to provide for a new Board of Commissioners of Henry County, approved1 March 28, 1974 (Ga. L. 1974, p. 3680), as amended, so as to revise and restate provisions2 regarding the code of ethics; to revise provisions related to the chairperson of the board of3 commissioners and county manager; to provide for related matters; to repeal conflicting laws;4 and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 An Act to provide for a new Board of Commissioners of Henry Cou nty, approved8 March 28, 1974 (Ga. L. 1974, p. 3680), as amended, is amended by revising Section 7.1 as9 follows:10 "SECTION 7.1.11 (a) Purpose.12 (1) It is essential to the proper administration and operation of the Henry County13 government, authorities as defined in paragraph (1.1) of subsection (b) of this section, and14 their officials and employees be, and give the appearance of be ing, independent and15 impartial, that public office not b e used for private gain, and that there be public16 S. B. 359 - 1 - 26 LC 47 4323S confidence in the integrity of Henry County officials and emplo yees. Because the17 attainment of one or more of these ends is impaired whenever th ere exists in fact, or18 appears to exist, a conflict between the private interests and public responsibilities of19 officials and employees, the public interest requires that the General Assembly protect20 against such conflicts of interest by establishing by law appropriate ethical standards with21 respect to the conduct of the officials and employees of Henry County in situations where22 a conflict may exist.23 (2) The General Assembly recognizes that an appropriate and effective code of ethics for24 appointed officials and employees of Henry County is also essen tial for the proper25 administration and operation of the Henry County government.26 (b) Definitions. As used in this section, the term:27 (1) 'Agency' means any board, bureau, body, commission, commit tee, department, or28 office of Henry County to which the board of commissioners has appointment powers.29 (1.1) 'Authority' means any local authority created by:30 (A) Henry County pursuant to the authority granted by state law; or31 (B) General or local Act of the General Assembly for Henry County;32 and may include joint public instrumentalities.33 (2) 'Business' means any corporation, partnership, organization, sole proprietorship, other34 entity operated for economic gain, whether professional, industrial, or commercial, and35 entity which for purposes of federal income taxation is treated as a nonprofit36 organization.37 (3) 'Confidential information' means information which has been obtained in the course38 of holding public office, employment, acting as an independent contractor, or otherwise39 acting as an official or employee and which information is not available to members of40 the public under state law or other law or regulation and which the official, independent41 contractor, or employee is not authorized to disclose.42 S. B. 359 - 2 - 26 LC 47 4323S (4) 'Contract' means any claim or demand against or any lease, account, or agreement43 with any person, whether express or implied, executed or executory, verbal or in writing.44 (5) 'Emergency situation' means any circumstance or condition giving rise to an45 immediate necessity for the execution of a contract by and between Henry County and46 an official or employee or between Henry County and a business in which an official or47 employee has an interest and where, to the satisfaction of the board of commissioners, it48 is shown that there is no one other than such persons with whom the contract could have49 been made and that the necessity was not brought about by such persons' own fault or50 neglect.51 (6) 'Immediate family' means an official or employee and his o r her spouse, parents,52 brothers, sisters, and natural or adopted children.53 (7) 'Interest' means any direct or indirect pecuniary or mater ial benefit held by or54 accruing to the official or employee as a result of a contract or transaction which is or55 may be the subject of an official act or action by or with Henry County. Unless otherwise56 provided in this section, the term 'interest' does not include any remote interest. An57 official or employee shall be deemed to have an interest in transactions involving:58 (A) Any person in the official's or employee's immediate family;59 (B) Any person, business, or entity that the official or employee knows or should know60 is seeking official action with Henry County, is seeking to do or does business with61 Henry County, has interests that may be substantially affected by performance or62 nonperformance of the official's or employee's official duties, o r w i t h w h o m a63 contractual relationship exists whereby the official or employe e may receive any64 payment or other benefit;65 (C) Any business in which the official or employee is a direct or, officer, employee,66 shareholder, or consultant; or67 (D) Any person of whom the official or employee is a creditor, whether secured or68 unsecured.69 S. B. 359 - 3 - 26 LC 47 4323S (8) 'Official or employee' means any person elected or appoint ed to or employed or70 retained by Henry County or any agency, whether paid or unpaid and whether part time71 or full time. Such term includes retired employees or former county employees during72 the period of time in which they are later employed or retained by the county or any73 agency. Such term does not include superior and state court judges and their immediate74 staffs, the district attorney, the solicitor of the state court, the clerks of the superior and75 state courts, magistrates, the judge of the probate court, and their respective staffs.76 (9) 'Official act or action' means any legislative, administra tive, appointive, or77 discretionary act of the board of commissioners, the chairperso n of the board of78 commissioners, or a commissioner.79 (10) 'Paid' means the receipt of, or right to receive, a salar y, commission, percentage,80 brokerage, or contingent fee.81 (11) 'Participate' means to take part in official acts, action s, or proceedings personally82 as an official or employee through approval, disapproval, decis ion, recommendation,83 investigation, the rendering of advice, or the failure to act or perform a duty.84 (12) 'Person' means any individual, business, labor organizati on, representative,85 fiduciary, trust, or association, whether paid or unpaid, and i ncludes any official or86 employee of Henry County.87 (13) 'Property' means any property, whether real or personal o r tangible or intangible,88 and includes currency and commercial paper.89 (14) 'Remote interest' means the interest of:90 (A) A nonsalaried director, officer, or employee of a nonprofit organization;91 (B) A holder of less than 5 percent of the legal or beneficial ownership of the total92 shares of a business;93 (C) Any person in a representative capacity, such as a receive r, trustee, or94 administrator; or95 S. B. 359 - 4 - 26 LC 47 4323S (D) Any person who, by determination of the board of ethics, is deemed to have such96 an interest.97 (15) 'Transaction' means the conduct of any activity that resu lts in or may result in an98 official act or action of an official or employee of Henry County.99 (c) Proscribed conduct. No official or employee of Henry County shall:100 (1) By his or her conduct give reasonable basis for the impres sion that any person can101 improperly influence him or her or unduly enjoy his or her favor in the performance of102 his or her official acts or actions or that he or she is affect ed unduly by the rank or103 position of or kinship or association with any person;104 (2)(A) Directly or indirectly request, exact, receive, or agre e to receive a gift, loan,105 favor, promise, or thing of value for himself or herself or another person if:106 (i) It tends to influence him or her in the discharge of his or her official duties; or107 (ii) He or she recently has been, or is now, or in the near future may be, involved in108 any official act or action directly affecting the donor or lender.109 (B) Subparagraph (A) of this paragraph shall not apply in the case of:110 (i) An occasional nonpecuniary gift of value less than $100.00;111 (ii) An award publicly presented in recognition of public service; or112 (iii) A commercially reasonable loan made in the ordinary course of business by an113 institution authorized by the laws of Georgia to engage in the making of such a loan;114 (3) Disclose or otherwise use confidential information acquired by virtue of his or her115 position for his or her or another person's private gain;116 (4) Appear on his or her own personal behalf, or represent, ad vise, or appear on the117 personal behalf, whether paid or unpaid, of any person before a ny court or before any118 legislative, administrative, or quasi-judicial board, agency, commission, or committee of119 this state or of any county or municipality concerning any contract or transaction which120 is or may be the subject of an official act or action of Henry County or otherwise use or121 S. B. 359 - 5 - 26 LC 47 4323S attempt to use his or her official position to secure unwarranted privileges or exemptions122 for himself or herself or other persons;123 (5) Engage in, accept employment with, or render services for any agency, private124 business, or professional activity when such employment or rend ering of services is125 adverse to and incompatible with the proper discharge of his or her official duties;126 (6) Acquire an interest in any contract or transaction at a time when he or she believes127 or has reason to believe that such an interest will be affected directly or indirectly by his128 or her official act or actions or by the official acts or actio ns of other officials or129 employees of Henry County; or130 (7) Engage in any activity or transaction that is prohibited b y law now existing or131 hereafter enacted which is applicable to him or her by virtue of his or her being an official132 or employee of Henry County.133 (c.1) Additional proscribed conduct for commissioners. Member s of the board of134 commissioners shall not issue directives to employees who report to the county manager,135 threaten to terminate the employment of a county employee, threaten to terminate a county136 contract so as to exert undue influence, or engage in conduct t hat is unbecoming of a137 member of the board of commissioners.138 (d) Gifts to certain employees. No employee of the purchasing department of Henry139 County shall accept any gift of value from anyone who has had o r may reasonably be140 anticipated to have any business with or before such department. Gifts from persons who141 do not have or who would not be reasonably anticipated to have any business with or142 before such department may be accepted by an employee of such d epartment only when143 such gifts are based solely on a family relationship or personal friendship.144 (e) Disclosure of interests. An official or employee who has an interest that he or she has145 reason to believe may be affected by his or her official acts or actions or by the official acts146 or actions of another official or employee of Henry County shall disclose the precise nature147 and value of such interest by sworn written statement to the board of ethics and ask for the148 S. B. 359 - 6 - 26 LC 47 4323S board's opinion as to the propriety of such interest. Every of ficial or employee who149 knowingly has any interest, direct or indirect, in any contract to which Henry County is or150 is about to become a party, or in any other business with Henry County, shall make full151 disclosure of such interest to the board of commissioners, the ethics officer, and the board152 of ethics. The information disclosed by such sworn statements, except for the valuation153 attributed to the disclosed interest, shall be made a matter of public record by the board of154 ethics. In cases where a conflict of interest exists, such official or employee shall recuse155 himself or herself from participating or taking any official acts or actions in any matter for156 the county affected by such conflict of interest.157 (f) Participation in contracts.158 (1) An official or employee shall disqualify himself or herself from participating in any159 official act or action of Henry County directly affecting a business or activity in which160 he or she has any interest, whether or not a remote interest.161 (2) Henry County shall not enter into any contract involving services or property with162 an official or employee of the county or with a business in which an official or employee163 of the county has an interest. This subsection shall not apply in the case of:164 (A) The designation of a bank or trust company as a depository for county funds;165 (B) The borrowing of funds from any bank or lending institutio n which offers the166 lowest available rate of interest for such loans;167 (C) Contracts for services entered into with a business which is the only available168 source for such goods or services; or169 (D) Contracts entered into under circumstances which constitut e an emergency170 situation, provided that a record explaining the emergency is prepared by the board of171 commissioners and submitted to the board of ethics at its next regular meeting and172 thereafter kept on file.173 S. B. 359 - 7 - 26 LC 47 4323S (3) Henry County shall not enter into any contract with, or take any official act or action174 favorably affecting, any person, or business represented by such person, who has been175 within the preceding two-year period an official or employee of Henry County.176 (g) Reporting violations.177 (1) Any person who witnesses or becomes aware of a violation o f this section may178 complain of the violation as follows:179 (A) A complaint may be communicated anonymously to the ethics administrator. Such180 complaint shall be made in good faith and with veracity and sufficient specificity so as181 to provide the ethics officer with salient and investigable fac ts. The ethics182 administrator may require the anonymous complaint to be made in a manner and form183 that is intended only to obtain relevant facts related to the a lleged violation of this184 section and that is not designed to reveal the identity of the complainant;185 (A.1) Complaints regarding adve rse activities, departmental is sues, behaviors, or186 relations shall be submitted to the county's department of huma n resources and no187 further review shall be conducte d pursuant to this section, including hearings by the188 ethics board, officer, or administrator; and189 (B) A sworn written complaint may be filed with the ethics administrator as described190 in this subparagraph. All written complaints to be considered by the board of ethics and191 the ethics officer shall contain the following, if applicable:192 (i) The name and address of the person or persons filing the complaint;193 (ii) The sworn verification and signature of the complainant;194 (iii) The name and address of the party or parties against whom the complaint is filed195 and, if such party is a candidate, the office being sought;196 (iv) A clear and concise statement of facts upon which the complaint is based along197 with an allegation that such facts constitute one or more violations of law under the198 jurisdiction of the board of ethics;199 S. B. 359 - 8 - 26 LC 47 4323S (v) A general reference to the allegedly violated statutory provisions of the code of200 ethics within the jurisdiction of the board of ethics; and201 (vi) Any further information which might support the allegations in the complaint,202 including, but not limited to, the following:203 (I) The names and addresses of all other persons who have first-hand knowledge204 of the facts alleged in the complaint; and205 (II) Any documentary evidence that supports the facts alleged in the complaint.206 (2) Upon receipt of a complaint by the ethics administrator, the ethics administrator shall207 send a written notice to the subject of the complaint, as well as the county manager and208 the human resources director, by the next business day. Both t his notice and any209 subsequent documents shall be subject to Article 4 of Chapter 1 8 of Title 50 of the210 O.C.G.A.211 (3) Upon receipt of a written, nonanonymous complaint which does not conform to the212 applicable requirements of subparagraph (B) of paragraph (1) of this subsection, the213 ethics administrator shall by letter acknowledge receipt of the complaint and advise the214 complainant of the defect in the complaint and that the complaint will not be considered215 by the board of ethics unless the defect is corrected.216 (4) Any complaint received by the ethics administrator, and all evidence related to such217 complaint, shall be available for inspection and review by each member of the board of218 ethics. 219 (5) All complaints received by the ethics administrator, and all evidence related to such220 complaints, shall be treated as confidential information by the members of the board of221 ethics, the ethics officer, the ethics administrator, the count y manager, the human222 resource director, the person filing such complaint, the subject of such complaint, and any223 other employee of Henry County until such time as the board of ethics has determined224 that probable cause exists so as to proceed to a formal hearing upon such complaint.225 (h) Enactment.226 S. B. 359 - 9 - 26 LC 47 4323S (1) This section shall be construed liberally to effectuate its purpose and policies and to227 supplement such existing laws as may relate to the conduct of officials or employees.228 (2) The propriety of any official act or action taken by or tr ansaction involving any229 officials or employees immediately prior to the time this section shall take effect shall not230 be affected by the enactment of this section.231 (3) The provisions of this section are severable, and if any of its provisions shall be held232 unconstitutional or invalid by a court of competent jurisdiction, the decision of the court233 shall not affect or impair any of the remaining provisions.234 (i) Board of Ethics.235 (1)(A) There is created the Board of Ethics of Henry County to be composed of five236 citizens of Henry County to be appointed as provided in paragra ph (2) of this237 subsection.238 (B) Each member of the board of ethics shall have been a resident of Henry County for239 at least one year immediately preceding the date of taking offi ce and shall remain a240 resident of the county while serving as a member of the board of ethics.241 (C) No person shall serve as a member of the board of ethics if the person has, or has242 had within the immediately preceding two-year period, any inter est in any contract,243 transaction, or official act or action of Henry County, as conf irmed by the Henry244 County government.245 (D) No member of the board of ethics shall be a member of an agency or an official or246 employee of Henry County or shall have served in such a capacit y in the two-year247 period immediately preceding such person's appointment to the board of ethics.248 (E) No person shall serve as a member of the board of ethics if the person has been a249 candidate for, or was elected to, public office in the immediately preceding three-year250 period. Filing for an elective office shall constitute a resig nation from the board of251 ethics on the date of filing.252 S. B. 359 - 10 - 26 LC 47 4323S (F) Appointees to the board of ethics shall have professional knowledge or expertise253 in matters of ethics, finance, governance, or the law.254 (G) All proposed appointments to the board of ethics shall be subject to an education255 and employment background check as well as a criminal history c heck. Persons256 proposed to be appointed to the board of ethics shall execute all releases necessary for257 the appointing authority to accomplish such checks. If the nom inee is determined to258 have been convicted of a felony, the nomination shall be withdrawn.259 (2)(A) A new board of ethics shall be appointed as provided in this paragraph to take260 office on January 1, 2027, and to serve for the terms prescribed in this paragraph.261 (B) Not later than December 1, 2026, the members of the new board of ethics shall be262 selected as follows, one member shall be appointed by each of the following appointing263 authorities:264 (i) The Clerk of the Superior Court of Henry County;265 (ii) The Judge of the Probate Court of Henry County;266 (iii) The Sheriff of Henry County;267 (iv) The Tax Commissioner of Henry County; and268 (v) The Solicitor General of Henry County.269 (C) In addition to the members appointed as provided in subpar agraph (B) of this270 paragraph, each appointing authority shall appoint one alterna te member who shall271 serve to ensure a quorum when members of the board are absent, have a conflict of272 interest, or find it necessary to recuse themselves or while a vacancy exists on the273 board.274 (D) The members and alternates shall each serve for terms of t hree years; provided,275 however, that the terms of the initial appointees of the Judge of the Probate Court of276 Henry County and the Solicitor General of Henry County shall se rve until277 December 31, 2027, and until the appointment and qualification of his or her successor;278 S. B. 359 - 11 - 26 LC 47 4323S and the initial appointees of the Sheriff of Henry County shall serve until December 31,279 2028, and until the appointment and qualification of his or her successor.280 (E) Successors to all members and alternates of the board of e thics and future281 successors shall be appointed by the respective appointing authorities not less than 30282 days prior to the expiration of each such member's term of office, and such successors283 shall take office on January 1 following such appointment and shall serve terms of three284 years and until their respective successors are appointed and qualified. No individual285 shall be appointed to more than two consecutive terms, provided that the initial terms286 under this Act shall not be counted in such determination.287 (3) If a member of the board of ethics ceases to be a resident of Henry County that288 member's position on the board of ethics, by operation of law, shall become vacant upon289 the establishment of the fact of such nonresidency, if contested, by a court of competent290 jurisdiction. A vacancy in the board of ethics shall exist by reason of death, the disability291 or incapacity of a member for more than 90 days, resignation, o r loss of residency as292 described in this paragraph. A member of the board of ethics m ay be removed from293 office during a term if the member becomes ineligible to hold c ivil office within the294 meaning of Code Section 45-2-1 of the O.C.G.A. and that ineligibility is established by295 decision of a court of competent jurisdiction which declares the office vacant because of296 such ineligibility or for good cause by a majority vote of the board of ethics. The ethics297 officer shall notify the clerk of the Superior Court of Henry C ounty and the tax298 commissioner of Henry County of a vacancy upon its occurrence, and such vacancy shall299 be filled for the unexpired term by the respective appointing authority.300 (4) The members of the board of ethics shall serve without compensation and shall elect301 from their own membership a chairperson and otherwise provide for their own internal302 organization. The board of commissioners shall provide adequat e office and meeting303 space and pay all administrative costs, consistent with county policies and procedures,304 including those specifically stipulated in this section, pertaining to the operation of the305 S. B. 359 - 12 - 26 LC 47 4323S board of ethics. The board of ethics shall be authorized to em ploy its own staff and306 clerical personnel and contract for the services of a competent court reporter, an attorney,307 and a private investigator as it deems necessary. The members of the board of ethics308 shall have the authority to propose the budget of the board and shall recommend the309 budget to the board of commissioners, who shall fund it as a priority. In the event that310 the proposed budget is in excess of $200,000.00, the board of commissioners shall have311 the authority to authorize the additional funds requested in ac cordance with standard312 budgetary procedures and requirements. The board of ethics sha ll be completely313 independent and shall not be subject to control or supervision by the chairperson of the314 board of commissioners, the board of commissioners, or any other official, employee, or315 agency of the county government. The board of ethics shall be bound by county316 purchasing and procurement, travel and training, and budget policies. The board of ethics317 shall also abide by county personnel policies and procedures.318 (5) The board of ethics shall have the following duties:319 (A) To establish procedures, rules, and regulations governing its internal organization320 and the conduct of its affairs;321 (B) To render advisory opinions with respect to the interpretation and application of322 this section to all officials or employees who seek advice as t o whether a particular323 course of conduct would constitute a violation of the standards imposed in this section324 or other applicable ethical standards. Such opinions shall be binding on the board of325 ethics in any subsequent complaint concerning the official or employee who sought the326 opinion and acted in good faith, unless material facts were omitted or misstated in the327 request for the advisory opinion;328 (C) To prescribe forms for the disclosures required in this se ction and to make329 available to the public the information disclosed as provided in this section;330 (D) To receive and hear complaints of violations of this code of ethics by elected and331 appointed county officials using the standards required by this section over which it has332 S. B. 359 - 13 - 26 LC 47 4323S personal and subject matter jurisdiction, excluding human resou rces and internal333 department issues or grievances; provided, however, that the board of ethics shall not334 accept or hear complaints of violations of this code of ethics against county employees;335 (E) To make such investigations as it deems necessary to deter mine whether any336 official or employee has violated or is about to violate any provisions of this section;337 and338 (F) To hold such hearings and make such inquiries as it deems necessary for it to carry339 out properly its functions and powers.340 (j) Ethics officer.341 (1) There is hereby created as a full-time salaried position a n ethics officer for Henry342 County. The ethics officer must be an active member of the State Bar of Georgia in good343 standing with five years' experience in the practice of law. T he ethics officer shall be344 appointed by the chief judge of the Superior Court of Henry County for a period not to345 exceed six years. Removal of the ethics officer before the expiration of the designated346 term shall be for cause by the chief judge of the Superior Court of Henry County. The347 ethics officer need not be a resident of the county at the time of his or her appointment,348 but he or she shall reside in Henry County within six months of such appointment and349 continue to reside therein throughout such appointment.350 (2) The ethics officer shall not be involved in partisan or nonpartisan political activities351 or the political affairs of Henry County.352 (3) The duties of the ethics officer shall include, but not be limited to, the following:353 (A) Educating and training all county officials and employees to have an awareness354 and understanding of the mandate for and enforcement of ethical conduct and advising355 them of the provisions of the code of ethics of Henry County;356 (B) Meeting with the board of ethics;357 (C) Advising officials and employees regarding disclosure statements and reviewing358 the same to ensure full and complete financial reporting;359 S. B. 359 - 14 - 26 LC 47 4323S (D) Urging compliance with the code of ethics by calling to the attention of the board360 of ethics any failure to comply or any issues, including the fu rnishing of false or361 misleading information, that the ethics officer believes should be investigated by the362 board of ethics so that the board of ethics may take such action as it deems appropriate;363 (E) Monitoring, evaluating, and acting upon information obtain ed from an ethics364 hotline, which shall be a county telephone number for the receipt of information about365 ethical violations. Each complaint, as of the time it is reported, whether by telephone366 or otherwise, shall be deemed to be a separate pending investig ation of a complaint367 against a public officer or employee as provided by Article 4 of Chapter 18 of Title 50368 of the O.C.G.A.;369 (F) Reporting, as appropriate, suspected ethical violations to the board of ethics;370 (G) Reporting, as appropriate, suspected criminal violations t o state or federal law371 enforcement agencies; and372 (H) Filing with the board of ethics and the board of commissioners on the first Tuesday373 of each calendar quarter a written report describing the activities of the ethics officer374 in carrying out the goals of his or her office and the code of ethics and reporting on the375 ethical health of Henry County. The report provided for in thi s subparagraph shall,376 within three business days of the date provided for in this sub paragraph, be made377 available, via email, to any member of the General Assembly that represents all or any378 portion of Henry County.379 (k) Ethics administrator.380 (1) There is hereby created a s a full-time salaried position a n ethics administrator for381 Henry County. The ethics administrator shall be selected by the board of ethics and shall382 serve at the pleasure of the board.383 (2) The ethics administrator shall not be involved in partisan or nonpartisan political384 activities or the political affairs of Henry County.385 S. B. 359 - 15 - 26 LC 47 4323S (3) The duties of the ethics administrator shall include, but not be limited to, the386 following:387 (A) Maintaining the records of the board of ethics as required by Article 4 of388 Chapter 18 of Title 50 of the O.C.G.A.;389 (B) Notifying the subject of a report and the county manager of any alleged violation390 of the ethics code, whether the report is anonymous, made by an identified individual,391 or written. Such notice shall be given in writing to the subject of the complaint and the392 county manager at the same time and in the same form that any d isclosure of393 information is required by Article 4 of Chapter 18 of Title 50 of the O.C.G.A.;394 (C) Notifying the board of ethics of any report of an alleged violation of the ethics code395 received by the ethics administrator; and396 (D) Such other duties as may be assigned by the board of ethics.397 (l) Investigations and hearings.398 (1) The board of ethics shall conduct investigations into alleged violations of the code399 of ethics, hold hearings, and issue decisions as prescribed in this subsection.400 (2) The proceedings and records of the board of ethics shall b e open unless otherwise401 permitted by state law.402 (3) Upon request of the board of ethics, the Solicitor General of Henry County or any403 attorney representing the office of the Solicitor General of Henry County, or in the event404 of a conflict any attorney who shall be selected by a majority vote of the board of ethics,405 shall advise the board of ethics.406 (4) A complaint may be filed by the ethics officer, any resident, or a group of residents407 of Henry County by submitting to the ethics administrator a written and sworn complaint408 under the penalty of perjury or false swearing. The complaint shall specifically identify409 all provisions of the Henry County code of ethics which the subject of the complaint is410 alleged to have violated, set forth facts as would be admissibl e in evidence in a court411 proceeding, and show affirmatively that the complainant or affi ant, if in addition to or412 S. B. 359 - 16 - 26 LC 47 4323S different from the complainant, is competent to testify to the matter set forth therein. All413 documents referenced in the complaint as well as supporting affidavits shall be attached414 to the complaint.415 (5) Upon receipt of the complaint, the ethics administrator shall bring the complaint to416 the board of ethics which shall cause the ethics officer to con duct a preliminary417 investigation to determine whether it meets the jurisdictional requirements as set forth in418 this section. Upon the conclusion of the preliminary investigation, the ethics officer shall419 report his or her findings to the board. If, in the opinion of the board, the complaint fails420 to meet the jurisdictional requirements as set forth in this section, the board shall direct421 the ethics administrator to notify the person who filed the com plaint, and such person422 shall have ten days from the date of notice to correct and refi le the complaint with the423 ethics administrator. A complaint which fails to satisfy the jurisdictional requirements424 as established by this section and by the rules and procedures established by the board of425 ethics shall be dismissed by the board of ethics no later than 30 days after the complaint426 is filed with the ethics administrator, unless extended by a majority vote of the board of427 ethics.428 (6) The ethics officer will report his or her findings and recommendation to the board of429 ethics and advise whether there is probable cause for belief th at the code of ethics has430 been violated, warranting a formal hearing. If the board of et hics determines, after the431 preliminary investigation of a complaint by the ethics officer, that there does not exist432 probable cause for belief that this section has been violated, the board of ethics shall so433 notify the complainant and the subject of the investigation, an d the complaint will be434 dismissed. If the board of ethics determines, after a prelimin ary investigation of the435 complaint by the ethics officer, that there does exist probable cause for belief that this436 section has been violated, the board of ethics shall give notice to the person involved to437 attend a hearing to determine whether there has been a violation of this section.438 S. B. 359 - 17 - 26 LC 47 4323S (7) For use in proceedings under this section, the board of ethics shall have the power to439 issue subpoenas to compel any person to appear, give sworn test imony, or produce440 documentary or other evidence. Any person who fails to respond to such subpoenas may441 be subjected to the penalties set forth in subsection (m) of th is section; provided,442 however, any person who is compelled by subpoena to appear shall have the right to seek443 to quash such subpoena in the same manner as provided by general law for the quashing444 of subpoenas issued by quasi-judicial bodies.445 (8) All hearings of the board of ethics pursuant to this section shall be as follows:446 (A) All testimony shall be under oath, which shall be administered by a member of the447 board of ethics. Any person who appears before the board of ethics shall have all of the448 due process rights, privileges, and responsibilities of a witne ss appearing before the449 courts of this state. Any person whose name is mentioned during a proceeding of the450 board of ethics and who may be adversely affected thereby may a ppear personally451 before the board of ethics on such person's own behalf or may f ile a written sworn452 statement for incorporation into the record to be made part of all proceedings pursuant453 to this subsection;454 (B) The decision of the board of ethics shall be governed by a preponderance of the455 evidence standard; and456 (C) At the conclusion of proceedings concerning an alleged vio lation, the board of457 ethics shall immediately begin deliberations on the evidence and proceed to determine458 by a majority vote of members present whether there has been a violation of this459 section. The findings of the board of ethics concerning a violation and the record of the460 proceedings shall be made public by the ethics officer as soon as practicable after the461 determination has been made.462 (9) Any investigation or hearing pursuant to this subsection shall be commenced within463 two years of the date of the alleged violation; provided, however, that any complaint filed464 against an elected official within 60 days of an election in wh ich such official is a465 S. B. 359 - 18 - 26 LC 47 4323S candidate for public office shall not be acted upon until such election is concluded and466 certified.467 (10) The county attorney shall be prohibited from appearing before the board of ethics468 on behalf of any person.469 (m) Violations; appeals.470 (1) Any intentional violation of this section, furnishing of f alse or misleading471 information to the board of ethics or the ethics officer, failu re to follow an opinion472 rendered by the board of ethics, or failure to comply with a subpoena issued by the board473 of ethics pursuant to this section shall subject the violator t o any one or more of the474 following:475 (A) Administrative sanction of not more than $1,000.00 assesse d by the board of476 ethics;477 (B) Public reprimand by the board of ethics; and478 (C) Prosecution by the Solicitor General of Henry County in th e magistrate court of479 Henry County and, upon conviction, a fine of up to $1,000.00 per violation and up to480 six months' imprisonment whether the official or employee is elected or appointed, paid481 or unpaid. Nothing in this section shall be interpreted to con flict with state law. An482 action for violation of this section or the furnishing of false or misleading information483 or the failure to comply with a subpoena issued by the board of ethics must be brought484 within two years after the violation is discovered.485 (2) With regard to violations by persons other than officials, including, but not limited486 to contractors, authorities, or agents, in addition to the remedies in paragraph (1) of this487 subsection, the board of ethics may recommend to the board of commissioners any one488 or more of the following:489 (A) Suspension of a contractor; and490 (B) Disqualification or debarment from contracting or subcontr acting with Henry491 County.492 S. B. 359 - 19 - 26 LC 47 4323S (3) The decision of the board of ethics after a hearing shall be final; provided, however,493 that such proceeding shall be subject to review by writ of certiorari to the Superior Court494 of Henry County. The ethics administrator shall be authorized to acknowledge service495 of any such writ and shall, within the time provided by law, certify and cause to be filed496 with the clerk of the superior court a record of the proceedings before the board of ethics,497 the decision of the board of ethics, and the notice of the fina l actions of the board of498 ethics."499 SECTION 2.500 Said Act is further amended by revising subsections (b) and (c) of Section 8.2 as follows:501 "(b) The chairperson shall:502 (1) Serve as the chief elected officer of the county;503 (2) Serve as a full voting member of the board of commissioners;504 (3) Serve as presiding officer over meetings of the board of commissioners and shall set505 the agenda for all meetings of the board of commissioners;506 (4)(A) Appoint and have the authority to fire, discipline, or suspend the county507 manager and county clerk, subject to a majority vote of the board of commissioners.508 (B) In the event that the board of commissioners rejects an appointment made pursuant509 to subparagraph (A) of this paragraph, the chairperson shall ap point a new officer to510 serve subject to rejection by the board of commissioners as pro vided for in511 paragraph (1) of subsection (a) of this section;512 (5) Execute documents and instruments on behalf of the county;513 (6) After consultation with the county manager, submit to the board of commissioners514 an annual budget for consideration and adoption by the board of commissioners;515 (7) See that the ordinances, resolutions, and regulations of the board of commissioners516 and the laws of the state are faithfully executed and enforced;517 S. B. 359 - 20 - 26 LC 47 4323S (8) Coordinate intergovernmental activity between the county and municipalities, other518 counties, other political subdivisions, and state and federal agencies;519 (9) Either individually or with the other members of the board of commissioners, initiate520 the assessment of the needs of the county, evaluate county serv ices, and develop the521 policies of the county;522 (10) Represent or designate an individual to represent Henry C ounty at ceremonial523 functions;524 (11) Have the power to delegate, in writing, administrative duties of the county to the525 county manager;526 (12) Approve all expense, reimbursement, or other nonsalary pa yments to527 commissioners, provided that if such payment is denied by the c hairperson, a majority528 of the board of commissioners may vote to approve such payment at a regular meeting529 of the board of commissioners;530 (13) Unless a specific appointment authority is otherwise provided by state law, appoint531 a member to any authority, board, or commission established by the board of532 commissioners; and533 (14) After consultation with the board of commissioners, approve an annual work plan534 for the county manager.535 (c)(1) Except as provided in paragraph (2) of this subsection, the county manager shall536 have the power to hire, fire, discipline, suspend, or demote an y employee of Henry537 County or delegate such power to one or more nonelected employe es. Deputy county538 managers and department heads may be hired, fired, disciplined, suspended, or demoted539 by the county manager with the approval of the chairperson. Subject to the approval of540 the chairperson, the county manager shall have the power to est ablish and change541 organizational charts for all county departments.542 (2) Assistant county clerks may be hired, fired, disciplined, suspended, or demoted by543 the county clerk."544 S. B. 359 - 21 - 26 LC 47 4323S SECTION 3.545 All laws and parts of laws in conflict with this Act are repealed.546 S. B. 359 - 22 -