HB 794: Clayton County; Board of Commissioners; code of ethics and board of ethics; revise and update provisions

Clayton County has had a code of ethics and ethics board since a 1955 local act, most recently updated in 2024. HB794 rewrites that section again, spelling out in detail how the eight-member board of ethics is chosen, who can serve, and how it operates. Five members would be appointed by the Clayton County grand jury and three by the tax commissioner, with an alternate member also named by the tax commissioner. Members would serve staggered three-year terms starting September 1, 2025, and could not have recent county contracts, criminal convictions, or unpaid tax debts. The bill also gives the board financial independence similar to a sheriff's office, requires it to file sworn financial returns to the grand jury each term of superior court (with a process for the grand jury to approve or reject those returns), and creates paid or contracted positions for an ethics officer (a licensed attorney) and an ethics administrator to handle complaints, investigations, hearings, and referrals of possible crimes to law enforcement. The changes take effect once the Governor signs the bill.

• Recreates the Clayton County board of ethics with eight members, five appointed by the county grand jury and three (plus one alternate) by the tax commissioner.
• Sets residency, criminal history, tax debt, and conflict-of-interest requirements that disqualify people from serving on the board of ethics.
• Gives the board of ethics budgetary independence from the county commission, similar to what state law gives sheriffs, and caps commissioner approval authority at budgets over $200,000.
• Requires the board of ethics to file sworn financial returns with the grand jury each superior court term, with a process for the grand jury to approve, reject, or compel corrected returns.
• Creates a paid or contracted ethics officer position, requiring five years as a licensed Georgia attorney, to investigate complaints and refer suspected crimes to law enforcement.
• Creates a separate ethics administrator position to log complaints, notify accused officials, and maintain records under Georgia's open records law (O.C.G.A. Title 50, Chapter 18, Article 4).

Clayton County elected officials and employees, county job applicants who serve on the board of ethics, the Clayton County grand jury and tax commissioner (who appoint board members), the clerk of superior court, and any resident who files an ethics complaint against a county official.

The bill changes who oversees ethics enforcement in Clayton County government and how independently that oversight body can operate financially and administratively, which affects how conflict-of-interest complaints against county officials and employees get investigated, heard, and penalized going forward.

• Section 14.1(i) creates an eight-member board of ethics, sets residency and conflict-of-interest disqualifications, and requires background and criminal history checks for appointees.
• Section 14.1(i)(2) sets the initial appointment schedule: grand jury picks five members and the tax commissioner picks three plus one alternate, with staggered three-year terms starting in 2025.
• Section 14.1(i)(4)(C) makes the board of ethics budgetarily independent from the county commission, matching the independence Georgia law gives sheriffs, with commission approval required only above $200,000.
• Section 14.1(i)(4)(D) requires the board of ethics to make sworn financial returns to the grand jury each superior court term, with procedures for the grand jury to approve or reject the return.
• Section 14.1(j) creates an ethics officer position requiring State Bar membership and five years of legal experience, appointed by the board of ethics and confirmed by the county commission for up to six years.
• Section 14.1(k) creates an ethics administrator position, selected by and serving at the pleasure of the board of ethics, to log and process complaints.
• Section 14.1(m) sets penalties for ethics violations, including fines up to $1,000, public reprimand, and referral of potential criminal activity to law enforcement.
• Section 14.1(m)(3) allows a board of ethics decision to be appealed by filing a petition for review in Clayton County Superior Court.

1. 2025-05-13Effective Date
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-76)Primary sponsor
• Yasmin Neal (D, HD-79)
• Rhonda Burnough (D, HD-77)
• Robert Flournoy (D, HD-74)
• Demetrius Douglas (D, HD-78)
• Eric Bell (D, HD-75)

1. PassedHouse voteMarch 27, 2025

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

   Local Calendar: House Vote #317

2. PassedSenate voteMarch 31, 2025

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

   LOCAL CONSENT CALENDAR: Senate Vote #339

• Clayton County government
• ethics board
• local government reform
• public corruption oversight
• county officials