---
title: SB 289. Codes of Ethics for Government Service; a definition of "formal charges" regarding ethical violations by members of certain boards, commissions, or authorities; provide
collection: bills
id: 2025-2026/sb289
cite_as: SB 289, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb289
md_url: https://georgiacommons.org/bills/2025-2026/sb289.md
text_url: https://georgiacommons.org/bills/2025-2026/sb289/text
source_url: https://www.legis.ga.gov/legislation/70912
date: 2025-02-27
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb289.md?full=1
bill_number: SB 289
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-02-26
last_action: Senate Read and Referred
sponsors:
  - Nabilah Islam Parkes
  - Harold Jones
  - Kim Jackson
  - Jason Esteves
  - Nan Orrock
  - Sonya Halpern
  - Sally Harrell
  - Kenya Wicks
  - Elena Parent
  - Nikki Merritt
  - Emanuel Jones
  - Donzella James
  - Sheikh Rahman
  - David Lucas
  - Randal Mangham
  - RaShaun Kemp
  - Derek Mallow
  - Ed Harbison
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB289/2025
upstream_id: 1985872
summaries_model: claude-sonnet-5
topic_tags:
  - government ethics
  - boards and commissions
  - state officials
  - public integrity
---

# SB 289. Codes of Ethics for Government Service; a definition of "formal charges" regarding ethical violations by members of certain boards, commissions, or authorities; provide

## Text

Senate Bill 289
By: Senators Islam Parkes of the 7th, Jones II of the 22nd, Jackson of the 41st, Esteves of the
35th, Orrock of the 36th and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated,
relating to codes of ethics for government service, so as to provide a definition of "formal
charges" regarding ethical violations by members of certain boards, commissions, or
authorities; to provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to
codes of ethics for government service, is amended by revising Code Section 45-10-4,
relating to code of ethics for members of boards, commissions, and authorities — hearing,
notice, removal of member from office, filling vacancies, and judicial review, as follows:
"45-10-4.
<ins>(a) As used in this Code section, the term 'formal charge' means a statement made under
oath by an elected state, county, or municipal official, which alleges that probable cause
exists to believe that a member serving on a board, commission, or authority created by
</ins>
<ins>general statute has committed an ethical violation relative to one or more provisions of
Code Section 45-10-3.
(b)</ins> Upon formal charges being filed with the Governor relative to a violation of Code
Section 45-10-3 on the part of a member of any such board, commission, or authority, the
Governor or his <ins>or her</ins> designated agent shall conduct a hearing for the purpose of receiving
evidence relative to the merits of such charges. The member so charged shall be given at
least 30 days' notice prior to such hearing. If such charges are found to be true, the
Governor shall forthwith remove such member from office and the vacancy shall be filled
as provided by law. Such hearing shall be held in accordance with Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act,' and judicial review of any such decision shall
be in accordance with such chapter."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

A Georgia Senate bill would define what counts as a 'formal charge' of an ethics violation against members of state boards, commissions, or authorities before the Governor can remove them.

### Plain-language summary

Under current Georgia law (O.C.G.A. § 45-10-4), the Governor can hold a hearing and remove a member of a board, commission, or authority for an ethics violation once 'formal charges' are filed, but the law does not spell out what makes a charge 'formal.' This bill adds that definition.

It says a formal charge must be a statement made under oath by an elected state, county, or municipal official, alleging probable cause that a board, commission, or authority member violated the ethics rules in O.C.G.A. § 45-10-3. The rest of the removal process stays the same: the Governor or a designee holds a hearing, the accused member gets at least 30 days' notice, and if the charges are proven true the member is removed and the vacancy filled as the law provides. The bill would take effect immediately once signed by the Governor.

### What it does

- Adds a definition of 'formal charge' to Georgia's ethics law for board, commission, and authority members (O.C.G.A. § 45-10-4).
- Requires a formal charge to be a sworn statement made under oath by an elected state, county, or municipal official.
- Requires the sworn statement to allege probable cause that the member violated the ethics standards listed in O.C.G.A. § 45-10-3.
- Leaves in place the existing hearing process, 30-day notice requirement, and removal and vacancy-filling procedures once formal charges are filed.
- Sets the effective date as the day the Governor signs the bill, or the day it becomes law without a signature.

### Who it affects

Members of Georgia boards, commissions, and authorities created by state statute, the Governor and any designated hearing agent, and elected state, county, or municipal officials who would be the only people authorized to file a formal ethics charge under this new definition.

### Why it matters

By spelling out that only a sworn statement from an elected official can trigger the Governor's removal process, the bill sets a clearer, narrower threshold for starting ethics removal proceedings against board and commission members, which could affect who can initiate such charges and how disputes over removals are resolved.

### Key provisions

- Section 1 revises O.C.G.A. § 45-10-4 to add subsection (a), defining 'formal charge' as a sworn statement by an elected state, county, or municipal official alleging probable cause of an ethics violation under O.C.G.A. § 45-10-3.
- Section 1 retains subsection (b)'s existing procedure: the Governor or a designated agent holds a hearing, the accused member gets at least 30 days' notice, and a true finding leads to removal and filling the vacancy as provided by law.
- Section 1 keeps the reference to the Georgia Administrative Procedure Act (Chapter 13 of Title 50) governing the hearing and judicial review process.
- Section 2 makes the Act effective upon the Governor's approval or upon its becoming law without approval.
- Section 3 repeals any conflicting laws.

## Status

- Status: Introduced (2025-02-26)
- Last action: Senate Read and Referred (2025-02-27)
- Sponsors: Nabilah Islam Parkes, Harold Jones, Kim Jackson, Jason Esteves, Nan Orrock, Sonya Halpern, Sally Harrell, Kenya Wicks, Elena Parent, Nikki Merritt, Emanuel Jones, Donzella James, Sheikh Rahman, David Lucas, Randal Mangham, RaShaun Kemp, Derek Mallow, Ed Harbison
- Official page: https://www.legis.ga.gov/legislation/70912

> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb289.md?full=1
