Friday, June 23, 2000
Ethics board suggests changes to hearing and appeal process

By JOHN MUNFORD
jmunford@thecitizennews.com

Proposed changes to Peachtree City's ethics ordinance could drastically alter how ethics complaints are heard against city employees and city officials.

The new process would give the city's Ethics Board the power to conduct hearings on ethics complaints and hand down reprimands if necessary. If a person is found in violation of the ethics ordinance, the board could choose one of three sanctions:

No formal reprimand, but an admonishment not to violate the ethics code in the future;

A formal reprimand;

Public censure and/or recommendation to council for removal from office.

Council received a copy of the proposed changes to the ethics ordinance, which were developed by the Ethics Board, at the last council meeting. Action on the matter was tabled so council could wait for input from City Attorney Rick Lindsey.

The accused employee or official could appeal the board's decision to council to try and reverse or modify the decision, according to the suggested ordinance changes.

The changes call for the final appeal to be in Fayette County Superior Court, which is currently the only route of appeal available to those found in violation of the ethics code.

Lindsey said he will prepare recommendations to add to and modify the Ethics Board's changes, particularly on financial disclosure issues.

Lindsey also said he would make recommendations to hold city contract employees — such as the city attorney and city auditor — accountable through the ethics ordinance.

The proposed changes to the ethics ordinance also would forbid ethics complaints from being dropped. That could help employees or officials clear their names for the record and help keep frivolous complaints from being filed for other motives, it was mentioned.

The Ethics Board also would gain the power to conduct its own investigation, according to the ordinance changes the board submitted. That investigation must be approved by a majority vote, which could cause the original ethics hearing to be extended up to 45 days.

The proposed changes from the board also would make city volunteers accountable to the ethics ordinance. But some council members wanted to work on defining that further, perhaps including only volunteers who act in official capacities for the city.

Hearing procedures also were established in the suggested changes to the ordinance from the ethics board. Those procedures would require that the accused official or employee be notified in writing at least 10 business days before the hearing.

The accused person also has the right to be represented by legal counsel, according to the changes recommended by the Ethics Board.

The proposed ethics code changes also require both the complainant and the accused person to file a list of witnesses and evidence with the city clerk at least 10 days before the hearing is conducted.

Ethics charges could not be brought if the offense is at least two years old, according to the recommended ordinance changes.


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