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Home My WebLink AboutORD 5826 AMEND CODE OF ETHICS Augusta Richmond GA DOCUMENT NAME: Ov/9q(c/~fj~~ DOCUMENT TYPE: Dre(;!) 4V7 re YEAR: /qq(y BOX NUMBER: / FILE NUMBER: / ~5g-~ NUMBER OF PAGES: 7 .... .,: ORDINANCE NO. Sf'.;J.(e AN ORDINANCE TO PROVIDE A CODE OF ETHICS FOR MEMBERS OF BOARDS, COMMISSIONS, COMMITTEES, PANELS, AUTHORITIES, OR OTHER ENTITIES APPOINTED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION - COUNCIL; TO PROVIDE AN EFFECTIVE DATE; TO PROVIDE FOR A HEARING ON VIOLATION CHARGES; TO PROVIDE A NOTICE OF HEARING; TO PROVIDE FOR REMOVAL OF A MEMBER FROM SUCH BOARD, COMMISSION, COMMITTEE, PANEL, AUTHORITY, OR OTHER ENTITY; TO PROVIDE FOR FILLING OF VACANCIES; TO PROVIDE FOR JUDICIAL REVIEW; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION- COUNCIL, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME AS FOLLOWS: Section 1. Notwithstanding any provision of law to the contrary, each member of any board, commission, committee, panel, authority, or other entity appointed by the Augusta-Richmond County Commission-Council, shall, upon appointment to such entity, whether directly or upon ratification of the appointment recommended or nominated by another body or entity, shall subscribe to a Code of Ethics in the following form, to-wit: I, , shall: (1) Uphold the United governments evasion; the Constitution, laws, States, the State of therein and never be and regulations of Georgia, and all a party to their 1 (2) Never discriminate by the dispensing of favors or privileges to anyone, whether or remuneration; special not for (3) Not engage in any business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of my governmental duties; (4) Never use any information coming to me confidentially in the performance of governmental duties as a means for making private profit; (5) Expose corruption wherever discovered; (6) Never solicit, accept, or agree to accept gifts, loans, gratuities, discounts, favors, hospi tali ty, or services from any person, association, or corporation under circumstances from which it could reasonably be inferred that a major purpose of the donor is to influence the performance of the my official duties; (7) Never accept any economic opportunity under circumstances where I know or should know that there is a substantial possibility that the opportunity is being afforded me with intent to influence my conduct in the performance of my official duties; (8) Never engage in other conduct which is unbecoming to a member or which constitutes a breach of public trust; and (9) Never take any official action with regard to any matter under circumstances in which I know or should know that I have a direct or indirect monetary interest in the subject matter of such matter or in the outcome of such official action. (Ga. L. 1976, p. 344, ~ 1.) Section 2. Upon formal charges being filed with the Chairperson-Mayor of the Augusta-Richmond County Commission-Council relative to a violation of the Code of Ethics set forth in Section 2 ~.' ~, 1 hereof on the part of a member of any such board, commission, committee, panel, authority, or other entity appointed by the Augusta-Richmond County Commission-Council, the Augusta-Richmond Commission-Council 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 thirty (30) days written notice prior to such hearing. If such charges are found to be true, the Augusta-Richmond County Commission-Council shall forthwith remove such member from such board, commission, committee, panel, authority, or other entity appointed by said Commission-Council, and the vacancy shall be filled as provided by the Ordinance, Code, or special or general law providing for the membership of such entity. Any member removed from such entity shall have the right to judicial review of such decision by the Augusta-Richmond County Commission-Council by the filing of a petition within thirty (30) days after the service of the final decision of the Commission-Council, or if a rehearing is requested, within thirty (30) days after the decision thereon. The petition shall be filed in the Superior Court of Richmond County, Georgia. Copies of the petition shall be served upon the Chairperson-Mayor of the Augusta-Richmond County Commission-Council. The petition shall state the nature of petitioner's interest, the facts showing 3 ., .' :: that the petitioner is aggrieved by the decision, and the ground as specified herein upon which the petitioner contends that the decision shall be reversed or modified. The petition may be amended by leave of court. (b) The filing of the petition does not itself stay enforcement of the decision of the Commission-Council. Except as otherwise provided, the Commission-Council may grant, or the reviewing Court may order, a stay upon appropriate terms for good cause shown. (c) Within thirty (30) days after the serVlce of the petition or within further time allowed by the Court, the Commission-Council shall transmit to the reviewing Court the original or a certified copy of the entire record of the proceeding under reVlew. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the Court for the additional costs. The Court may require or permit subsequent corrections or additions to the record. (d) If, before the date set for hearing, application is made to the Court for leave to present additional evidence and it is shown to the satisfaction of the Court that the additional 4 ,~ evidence is material and there were good reasons for failure to present it in the proceedings before the Commission-Council, the Court may order that the additional evidence be taken upon conditions determined by the Court. The Commission-Council may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing Court. (e) The review shall be conducted by the Court without a jury and shall be confined to the record. In case of alleged irregulari ties in procedure before the Commission-Council, not shown in the record, proof thereon may be taken in the Court. The Court, upon request, shall hear oral argument and receive written briefs. (f) The Court shall not substitute its judgment for that of the Commission-Council as to the weight of the evidence on questions of fact. The Court may affirm the decision of the Commission-Council. The Court may reverse or modify the decision if substantial rights of the petitioner have been prejudiced because the findings, inferences, conclusions, or decisions of the Commission-Council are: (1) in violation of constitutional or statutory provisions; (2) in excess of the statutory authority of 5 'r " the Commission-Council; (3) made upon unlawful procedures; (4) affected by other error of law; (5) clearly erroneous in view of the reliable , probative, and substantial evidence of the whole record; or (6) arbitrary capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. Section 3. In any appeal or contested case: (a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under such rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it of a type commonly relied upon by reasonably prudent men in the conduct of their affairs or it is consists of a report of medical, psychiatric, or psychological evaluation of a type routinely submitted to and relied upon by an agency in the normal course of its business. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form; 6 ~- (b) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original or have it established as documentary evidence according to the rules of evidence applicable to the superior courts of this state; (c) A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts; and (d) Official notice may be taken of judicially cognizable facts. Section 4. This Ordinance shall become effective immediately upon its adoption. Duly adopted by the Augusta-Richmond County Commission- Council by a vote of for, thisc2Q'Ii'- day O~1996 0 against, and abstention, ~ ATTEST: By: 77a,.~!cL '-I1J6>>~ j)~/JUTY '~~ 7