Bill Text: GA SB84 | 2011-2012 | Regular Session | Engrossed
Bill Title: DeKalb County School System; provide a code of ethics; definitions; prohibited practices
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2011-03-11 - House Second Readers [SB84 Detail]
Download: Georgia-2011-SB84-Engrossed.html
11 LC
33 3841
Senate
Bill 84
By:
Senators Jones of the 10th and Carter of the 42nd
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide a code of ethics for the DeKalb County School System; to provide for
definitions; to provide for prohibited practices; to provide for disclosure of
financial interests in contracts or matters pending before the board; to
prohibit use of school system property for personal benefit; to provide that
contracts are voidable in certain circumstances; to provide for hearings; to
provide for an Ethics Commission and the appointment, terms of office,
qualifications, and organization of members; to provide for duties and powers of
the Ethics Commission, including investigation, procedures, hearings, and
actions; to provide for procedures relating to indictments; to provide for
immunity; to provide for circumstances when a board member shall not be in
violation; to provide for removal from office of board members; to provide for
whistleblower protection; to provide for a code of ethics oath; to amend an Act
establishing in DeKalb County districts from which the members of the county
board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p.
3424), as amended, particularly by an Act approved January 28, 1982 (Ga. L.
1982, p. 3797), so as to add a qualification for board members; 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.
Definitions.
Definitions.
As
used in this Act, the term:
(1)
"Board" means the DeKalb County Board of Education.
(2)
"Commission" or "Ethics Commission" means the Ethics Commission created by
Section 7 of this Act.
(3)
"Relative" means an individual who is related to the elected official, appointed
officer, or employee as father, mother, son, daughter, brother, sister, husband,
wife, grandfather, grandmother, grandchild, mother-in-law, father-in-law,
sister-in-law, brother-in-law, daughter-in-law, or son-in-law; any other
relative living in the household of the elected official, appointed officer, or
employee; a person who is engaged to be married to the elected official,
appointed officer, or employee or who otherwise holds himself or herself out as
or is generally known as the person whom the elected official, appointed
officer, or employee intends to marry or with whom the elected official,
appointed officer, or employee intends to form a household; or any other natural
person having the same legal residence as the elected official, appointed
officer, or employee.
(4)
"School system" means the DeKalb County School System.
SECTION
2.
Conflict of interest.
Conflict of interest.
(a)
Except as otherwise provided by general law, no elected official, appointed
officer, or employee of the DeKalb County School System or of any office,
department, or agency thereof shall knowingly:
(1)
Engage in any business or transaction with or have a financial or other personal
interest, direct or indirect, in the affairs of the school system which would
result in a financial benefit, except for a financial benefit of a nominal or
incidental amount, to the official, appointed officer, or employee or to a
relative of such person or which would tend to impair the independence of
judgment or action in the performance of official duties;
(2)
Engage in or accept private employment from or render services for private
interests when such employment or service is incompatible with the proper
discharge of that person's official duties or would tend to impair his or her
independence of judgment or action in the performance of his or her official
duties;
(3)
Disclose information or use information, including information obtained at
meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A.,
concerning the property, government, or affairs of the school system or any
office, department, or agency thereof that is not available to members of the
general public and gained by reason of his or her official position for his or
her personal gain or benefit, to advance his or her financial or other private
interest, or to advance the financial or private interest of any other person or
business entity;
(4)
Represent private interests in any action or proceeding against the school
system or any office, department, or agency thereof;
(5)
Vote or otherwise participate in the negotiation or the making of any contract
with any business or entity in which he or she, or his or her relative, has a
financial interest;
(6)
Solicit, accept, or agree to accept gifts, loans, gratuities, entertainment,
transportation, lodging, meals, any ticket of admission, discounts, payment, or
service, except those of a value less than $50.00, from any employee, student,
parent, person, firm, or corporation which to his or her knowledge is interested
directly or indirectly in any manner whatsoever in business dealings with the
school system or any office, department, or agency thereof; provided, however,
that an elected official who is a candidate for public office may accept
campaign contributions and services in connection with any
campaign;
(7)
Advertise business and professional services to the school system or its
employees for personal gain;
(8)
Use district resources for personal or commercial enterprise;
(9)
Vote or otherwise participate in an appointment, employment, or promotion
decision related to a relative;
(10)
Vote or otherwise participate in an appointment, employment, or promotion
decision of a person when the public official knows or should know that such
vote or participation would create a direct or indirect monetary benefit or
economic opportunity;
(11)
Have a personal interest, directly or indirectly, in school real estate, school
textbooks, or school materials and supplies of any kind whatsoever;
(12)
Sell, solicit, or offer for sale to the board or to any official or employee of
the board, directly or indirectly, any kind of school real estate, school
textbooks, or school materials and supplies, or receive any salary, bonus, or
commission on any such sale;
(13)
Have a financial interest in school buses or bus equipment or supplies, provide
services for buses owned by the board, or sell gasoline to the board from a
corporation in which the board member is a shareholder; or
(14)
Vote or participate in discussions or deliberations at any meeting of the board
or any committee of the board on any issue before the board in which the board
member or a relative of the board member has matters involving consideration of
his or her conduct, matters which would inure to his or her financial or
personal interests, or matters which would be a conflict of interest as provided
in this Act. Such board member shall, prior to the vote being taken, publicly
state during the meeting the nature of his or her interest in the matter from
which he or she is abstaining from voting and shall within ten days of such
abstention disclose the nature of his or her interest as a public record in a
memorandum filed with the board secretary who shall incorporate the memorandum
into the minutes of the meeting.
(b)(1)
No board member, superintendent, or general counsel may, within one year after
retirement or termination from such position or employment:
(A)
Act as agent or attorney for an employee or board member before a tribunal or
board hearing; or
(B)
Knowingly attempt to influence, on behalf of any other person, the school
system, including its employees and board members, in connection with any matter
in which the school system has a direct interest.
(2)
No board member as a consequence of his or her board position may accept any
honoraria. As used in this paragraph, the term "honoraria" means a payment of
money or anything of value for any appearance, discussion, speech, or article by
such board member or for travel and subsistence expenses in excess of any actual
and necessary expenses in connection with such appearance, discussion, or
speech.
SECTION
3.
Disclosures.
Disclosures.
(a)
Any elected official, appointed officer, or employee of the school system who
has any financial interest, directly or indirectly, in any contract or matter
pending before or within any office, department, or agency of the school system
shall disclose such interest in writing to the board. Any board member who has
a financial interest in any contract or matter pending before the board shall
disclose such interest, in writing, and such disclosure shall be entered on the
records of the board. The disclosure of any salary received by a board member
from the school system or any entity doing business with the school system may
be accomplished by naming the entity and position held by the board member with
such entity. Interest and dividends from entities doing business with the
school system which are listed on a national stock exchange or have more than
100 stockholders do not have to be disclosed. Likewise, the disclosure of any
salary received by an immediate relative of the board member may be accomplished
by naming the relative and the position held. The board member also shall
disqualify himself or herself from participating in any decision or vote
relating thereto.
(b) Prior to January 31 of each year, each elected official shall disclose publicly the identity of any relative employed by the school system to the board on such form as prescribed by the board.
(b) Prior to January 31 of each year, each elected official shall disclose publicly the identity of any relative employed by the school system to the board on such form as prescribed by the board.
SECTION
4.
Use of public property.
Use of public property.
No
elected official, appointed officer, or employee of the school system shall use
property of the school system for personal use, benefit, or profit except in
accordance with policies and procedures promulgated by the board.
SECTION
5.
Contracts voidable and rescindable.
Contracts voidable and rescindable.
Any
contract between the DeKalb County School System and another party shall be
voidable or rescindable at the discretion of the board at any time if any
elected official, appointed officer, or employee has any interest in such
contract and does not disclose such interest in accordance with the provisions
within this Act.
SECTION
6.
Hearings and determinations; penalties for violations.
Hearings and determinations; penalties for violations.
Elected
officials, appointed officers, and employees of the school system may be
punished for violation of the provisions within this Act as
follows:
(1)
The members of the board shall be subject to removal from office as provided in
this Act;
(2)
Appointed officers and employees not subject to civil service or covered by the
provisions of O.C.G.A. Section 20-2-940, et seq., shall have the right to
request a hearing before the board upon written charges being provided to such
officer or employee. At such hearing, the officer or employee shall have the
right to be heard, to be represented by counsel, and to require the attendance
of witnesses and the production of relevant books and papers. If, after the
hearing, the accused is found guilty as charged, he or she may be suspended or
dismissed from the service of the school system by a majority vote of the
members of the board.
(3)
Employees covered by the provisions of O.C.G.A. Section 20-2-940, et seq., shall
be subject to suspension, dismissal, or nonrenewal in accordance with the
provisions of that general law; and
(4)
Employees subject to civil service rules, upon a violation of this Act, shall be
subject to suspension or dismissal in accordance with the provisions of this Act
and the personnel rules and regulations adopted by the board.
SECTION
7.
Ethics Commission.
Ethics Commission.
(a)
Creation of Ethics
Commission. The board shall establish a
seven-member Ethics Commission. Members of the commission shall be appointed by
the board for staggered five-year terms. When the commission is first
established, two persons will be appointed to serve five-year terms, one person
will be appointed to serve a four-year term, two persons will be appointed to
serve three-year terms, one person will be appointed to serve a two-year term,
and one person will be appointed to serve a one-year term. Each member of the
commission shall hold office from the date of appointment until the end of the
term for which he or she was appointed or until his or her successor qualifies
for office. Members of the commission shall not be eligible for reappointment.
If a vacancy occurs on the commission, the board shall within 90 days appoint a
person to fill the unexpired term.
(b) Qualifications. A person is eligible to serve as a member of the Ethics Commission if that person, while serving:
(b) Qualifications. A person is eligible to serve as a member of the Ethics Commission if that person, while serving:
(1)
Resides in DeKalb County and is a registered voter;
(2)
Is not an employee of the DeKalb County Board of Education or a relative or
business associate of any member of the board;
(3)
Does not hold any elective or appointive office and is not a candidate for any
office in the governments of the United States, the State of Georgia, or DeKalb
County;
(4)
Has not provided a financial contribution of more than $100.00 to, or worked
significantly in, the political campaign of any current member of the
board;
(5)
Is not a relative of a person who provided a financial contribution of more than
$100.00 to, or worked significantly in, the political campaign of any current
member of the board; and
(6)
Has not been convicted of a felony and has not been convicted of a misdemeanor
in the past ten years.
(c)
Duties and powers. The Ethics Commission
shall have the following duties and powers:
(1)
To receive and hear complaints of violations by board members of standards
established by this Act, the code of ethics, or applicable state or federal
law;
(2)
Upon receipt of a complaint, to conduct investigations as it deems necessary to
determine whether any board member has violated any standards established by
this Act, the code of ethics, or applicable state or federal law. An
affirmative vote of three members is required to initiate an investigation. For
the purpose of conducting a meeting or hearing, five members shall constitute a
quorum and five affirmative votes are required to issue any
finding;
(3)
To take appropriate action as a result of a violation of the standards
established by this Act, the code of ethics, or applicable state or federal
law;
(4)
To request funding from the board in order to conduct a hearing and to use any
funds provided to conduct hearings;
(5)
To establish policies and procedures for conducting meetings and hearings of the
commission; and
(6)
To perform any other function authorized by this Act.
(d)
Organization of the
Ethics Commission.
(1)
Members of the Ethics Commission shall be compensated on a per meeting basis at
a rate determined by the board.
(2)
The Ethics Commission shall elect one member to act as chairperson for a term of
two years or until a successor is duly elected. The chairperson shall have the
same voting rights as the other commission members. The commission shall also
elect one member to act as vice chairperson for the same term. If the office of
chairperson or vice chairperson is vacated in any manner before the expiration
of the term, the commission shall elect a member to fill the unexpired
term.
(3)
The board may remove a commission member for neglect of duty, misconduct in
office, or a disability rendering the member unable to discharge the powers and
duties of the office as specified in this Act, for no longer qualifying for the
position as specified in this Act, or for any reason that would justify the
removal of a member of a board of education.
(4)
There shall be no scheduled regular monthly or bimonthly meetings of the
commission. The chairperson shall call meetings as the chairperson deems
necessary. A meeting can also be called by written notice signed by at least
four members of the commission. All meetings of the commission shall be open to
the public. The purpose of the public meetings shall be to hear and dispose of
complaints or to render advisory opinions as set forth in this
section.
(5)
The board office will provide staff support to the Ethics
Commission.
(6)
The Ethics Commission shall be governed by and subject to the provisions of this
section. No official action, except as outlined in this section, shall be taken
by the commission. If a commission member has a conflict of interest involving
any matter before the commission or must otherwise disqualify himself or herself
under the conditions of this Act or by law, the remaining commission members
shall choose by majority vote an alternative person who meets all qualifications
set out above to hear the complaint.
(e)
Complaint and
investigation procedures.
(1)
Any citizen eligible to vote in DeKalb County and any employee of the DeKalb
County School System may file a complaint alleging a violation of the standards
established by this Act, the code of ethics, or other applicable state or
federal law by filing it with the chairperson to the board. The complaint shall
be in writing and verified under oath.
(2)
The chairperson of the board shall immediately deliver the complaint to the
chairperson of the Ethics Commission or a designee and shall also immediately
forward a copy of the complaint by certified and regular mail to the board
member against whom the complaint was filed, along with a copy to the
superintendent and general counsel of the school system. A complaint must be
filed within six months of the date of the alleged violation or, in the case of
concealment or nondisclosure, within six months of the date the alleged
violation should have been discovered after due diligence.
(3)
Within 60 days of receipt of a complaint, the Ethics Commission shall conduct
and conclude an investigation to determine whether good and sufficient cause
exists concerning the complaint. During the investigation, the commission has
the power to secure necessary documents. The superintendent shall ensure that
school system employees cooperate with any commission investigation. The
investigation shall not be open to the public. The commission shall not receive
live testimony as part of the investigation. If, after conducting an
investigation, the commission by majority vote determines that no good and
sufficient cause exists for a determination that a violation exists, the
commission may dismiss the complaint and shall report said dismissal to the
board.
(f)
Ethics Commission
hearings. If the commission determines
that good and sufficient cause exists for a determination that a violation has
occurred, or if the board refers a case against a board member as provided in
Section 8 of this Act, a formal public hearing shall be conducted. The
commission shall notify the board member charged with a violation of the date,
time, and place for the hearing by certified and regular mail. At the hearing,
the commission shall hear sworn testimony from all witnesses it deems relevant.
The hearing shall be recorded by a certified court reporter. The commission is
authorized to issue subpoenas on behalf of any party and for the appearance of
any party or documents as provided by law. Upon conclusion of the hearing, the
commission shall issue written findings of fact and conclusions of law and take,
but shall not be limited to taking, one or more of the following
actions:
(1)
Find that the board member did not violate any of the standards established by
this Act, the code of ethics, or other applicable state or federal law; upon a
finding that an initial complaint was filed without justification or was
supported by erroneous information or evidence, the commission may recommend
that the board reimburse the accused board member up to $2,500.00 in actual
attorney fees and costs;
(2)
Censure or reprimand of the member of the board;
(3)
To the extent applicable, file criminal charges against the board member;
or
(4)
Recommend removal of the board member.
Formal
hearings shall be open to the public and shall comply with all state and federal
open meetings and open records
laws.
(g) Actions of the commission. If the Ethics Commission finds the board member has:
(g) Actions of the commission. If the Ethics Commission finds the board member has:
(1)
Breached the confidentiality of privileged information, including statements
made in an executive session of the board;
(2)
Violated local, state, or federal laws, policies, rules, and regulations
regarding fraud and fraudulent activities;
(3)
Engaged in conflicts of interest;
(4)
Used school system contacts and privileges to promote partisan politics or
sectarian religious views;
(5)
Voted on or influenced in any way a decision or action by the board or a school
system employee that directly affects the board member or any of his or her
relatives;
(6)
Discussed or otherwise communicated with vendors, individuals, or groups who are
soliciting business from the school system regarding the subject of the
solicitation or any matter related to the solicitation once the solicitation is
issued by the school system and until such time as the board has rendered a
decision on the solicitation; or
(7)
Consistently, intentionally, and willfully violated the procedures, norms,
rules, or regulations regarding the prohibition against involvement in the
day-to-day operation of the school system,
then
the Ethics Commission must find that the board member should be removed from
office.
(h) Notice; rejection or modification of the commission's action. The Ethics Commission will notify the board and board member of its action by sending a certified letter to the chairperson of the board and the board member who is the subject of the investigation. Within 30 days of receipt of the notice from the commission, the board may reject or modify the action of the commission, but only by a three-fourths' vote of the board.
(i) Suspension and removal of member. If the Ethics Commission finds that the board member should be removed from office, then the board member is automatically and immediately suspended from the board. If the board accepts, by majority vote, the findings of the Ethics Commission or if, after the 30 day period specified in subsection (h) of this section, the board has not rejected the findings of the Ethics Commission that the board member should be removed from office, the board member is automatically and immediately removed from the board.
(j) Appeals. Any board member sought to be removed from office as provided in this section shall have the right of appeal from the decision of the board to the Superior Court of DeKalb County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.
(k) Indictment. Upon indictment of a board member for a felony by a grand jury of this state or by the United States that relates to the performance or activities of the office of board member, the Ethics Commission shall be authorized to conduct an investigation and a hearing in accordance with this section. If the Ethics Commission determines that the indictment relates to and adversely affects the administration of the office of the indicted board member and that the rights and interests of the public are adversely affected thereby, the Ethics Commission shall recommend that the board suspend the board member immediately and without further action pending the final disposition of the case or until the expiration of the board member's term of office, whichever occurs first. During the term of office to which such board member was elected and in which the indictment occurred, if a nolle prosequi is entered, if the board member is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the board member shall be immediately reinstated. While a board member is suspended under this subsection and until initial conviction by the trial court, the board member shall continue to receive the compensation from such office. After initial conviction by the trial court, the board member shall not be entitled to receive the compensation from such office. If the board member is reinstated to office, he or she shall be entitled to receive any compensation withheld under the provisions of this subsection. For the duration of any suspension under this subsection, the board shall appoint a replacement member. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided by law. After any suspension is imposed under this subsection, the suspended board member may petition the board for a review. The board may direct the Ethics Commission to review the suspension. The commission shall make a written report within 14 days. If the commission recommends that the board member be reinstated, the board member shall immediately be reinstated to office by the board. The provisions of this subsection shall not apply to any indictment handed down prior to July 1, 2011.
(l) Civil recovery. The Board of Education shall take appropriate legal action to recover the value of anything received by any person or persons in violation of the standards established by this Act, the code of ethics, or applicable state or federal law, as determined by the Ethics Commission. A taxpayer, pursuant to applicable law, may take such legal action after a written demand to the board to bring such action and failure of the board to initiate the action within 60 days after receipt of the demand.
(m) Official's liability. No member of the Ethics Commission or any person acting on behalf of the Ethics Commission, operating within the course and scope of this section, shall be liable to any person for any damages arising out of such action.
(n) Safe harbor. Notwithstanding anything in this Act to the contrary, a board member may not be found in violation of the provisions of this Act if:
(h) Notice; rejection or modification of the commission's action. The Ethics Commission will notify the board and board member of its action by sending a certified letter to the chairperson of the board and the board member who is the subject of the investigation. Within 30 days of receipt of the notice from the commission, the board may reject or modify the action of the commission, but only by a three-fourths' vote of the board.
(i) Suspension and removal of member. If the Ethics Commission finds that the board member should be removed from office, then the board member is automatically and immediately suspended from the board. If the board accepts, by majority vote, the findings of the Ethics Commission or if, after the 30 day period specified in subsection (h) of this section, the board has not rejected the findings of the Ethics Commission that the board member should be removed from office, the board member is automatically and immediately removed from the board.
(j) Appeals. Any board member sought to be removed from office as provided in this section shall have the right of appeal from the decision of the board to the Superior Court of DeKalb County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.
(k) Indictment. Upon indictment of a board member for a felony by a grand jury of this state or by the United States that relates to the performance or activities of the office of board member, the Ethics Commission shall be authorized to conduct an investigation and a hearing in accordance with this section. If the Ethics Commission determines that the indictment relates to and adversely affects the administration of the office of the indicted board member and that the rights and interests of the public are adversely affected thereby, the Ethics Commission shall recommend that the board suspend the board member immediately and without further action pending the final disposition of the case or until the expiration of the board member's term of office, whichever occurs first. During the term of office to which such board member was elected and in which the indictment occurred, if a nolle prosequi is entered, if the board member is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the board member shall be immediately reinstated. While a board member is suspended under this subsection and until initial conviction by the trial court, the board member shall continue to receive the compensation from such office. After initial conviction by the trial court, the board member shall not be entitled to receive the compensation from such office. If the board member is reinstated to office, he or she shall be entitled to receive any compensation withheld under the provisions of this subsection. For the duration of any suspension under this subsection, the board shall appoint a replacement member. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided by law. After any suspension is imposed under this subsection, the suspended board member may petition the board for a review. The board may direct the Ethics Commission to review the suspension. The commission shall make a written report within 14 days. If the commission recommends that the board member be reinstated, the board member shall immediately be reinstated to office by the board. The provisions of this subsection shall not apply to any indictment handed down prior to July 1, 2011.
(l) Civil recovery. The Board of Education shall take appropriate legal action to recover the value of anything received by any person or persons in violation of the standards established by this Act, the code of ethics, or applicable state or federal law, as determined by the Ethics Commission. A taxpayer, pursuant to applicable law, may take such legal action after a written demand to the board to bring such action and failure of the board to initiate the action within 60 days after receipt of the demand.
(m) Official's liability. No member of the Ethics Commission or any person acting on behalf of the Ethics Commission, operating within the course and scope of this section, shall be liable to any person for any damages arising out of such action.
(n) Safe harbor. Notwithstanding anything in this Act to the contrary, a board member may not be found in violation of the provisions of this Act if:
(1)
The board member, prior to engaging in the conduct, completely disclosed the
existence of the issue or matter to the board at a public meeting;
(2)
The board member sought and received a public legal opinion from the legal
department; and
(3)
The board member acted in reliance on that legal opinion.
However,
a board member shall nonetheless be subject to an adverse finding upon a
determination that the disclosure to the board was not sufficiently complete or
was materially false or misleading. Additionally, citizens who report alleged
violations in good faith shall not be subject to any reprisal by the individual
board member or the board as a whole.
SECTION
8.
Removal or suspension of board members.
Removal or suspension of board members.
(a)
Pursuant to the provisions in this Act, a member of the board shall be subject
to suspension or removal from office for any of the following
causes:
(1)
Incompetence, misfeasance, or malfeasance in office;
(2)
Failure at any time to possess any of the qualifications of office as provided
by law;
(3)
Violation of Section 2, 3, or 4 of this Act, relating to conflicts of interest,
disclosures, and use of public property, respectively;
(4)
Violation of the oath of office provided in Section 10 of this Act;
(5)
Abandonment of office or neglect to perform the duties of office;
or
(6)
Failure for any other cause to perform the duties of office as required by the
provisions in this Act or by law.
(b)
Removal or suspension of a board member pursuant to subsection (a) of this
section shall be accomplished as provided in this subsection. In the event a
member of the board is sought to be removed or suspended by the board, the board
will refer the matter to the Ethics Commission stating the basis for removing
the board member. The Ethics Commission shall notify the board member and
conduct a hearing as specified in subsection (f) of Section 7 of this Act.
SECTION
9.
Whistleblower protection.
Whistleblower protection.
(a)
The board or school system shall not discharge, threaten, or otherwise
discriminate against a complainant or an employee or official acting on behalf
of a complainant regarding compensation, terms, conditions, location, or
privileges of employment because:
(1)
The complainant or employee or official acting on behalf of the complainant
reports or is about to report, verbally or in writing, a violation or a
suspected violation of this Act, the code of ethics, or other applicable state
or federal law; or
(2)
A complainant or employee or official acting on behalf of the complainant is
requested by the Ethics Commission to participate in an investigation, hearing,
or inquiry held by the Ethics Commission or any related court
action;
provided,
however, that this section shall not apply to a complainant or an employee or
official acting on behalf of a complainant who knowingly makes a false
report.
(b) Nothing in this section shall limit or prohibit the school system from taking disciplinary action against a whistleblower as a result of the whistleblower's misconduct that may be revealed, discovered, or uncovered as a result of a report or an attempted report of an ethics violation.
(b) Nothing in this section shall limit or prohibit the school system from taking disciplinary action against a whistleblower as a result of the whistleblower's misconduct that may be revealed, discovered, or uncovered as a result of a report or an attempted report of an ethics violation.
SECTION
10.
Code of ethics oath.
Code of ethics oath.
At
the first regular meeting of the board in January following each regular
election, each board member will read and sign the following code of
ethics:
"As
a member of the DeKalb County Board of Education, I will strive to improve
public education, and to that end I will:
(1)
Make decisions based on what is best for students in all cases;
(2)
Recognize that authority rests with the board as a whole and make no personal
promises or take any independent action that might compromise the board as a
whole;
(3)
Maintain honest, equitable, and professional relationships with fellow board
members;
(4)
Observe local, state, and federal laws, policies, rules, and
regulations;
(5)
Base my decisions upon all available facts, vote my convictions in every case,
remain unswayed by bias of any kind, and uphold the majority decision of the
board once a decision is made;
(6)
Vote in accordance with what is best for the district as a whole;
(7)
Maintain the confidentiality of privileged information, including statements
made in any executive session of the board;
(8)
Focus on the board's role of policymaking and evaluation and not become involved
in the day-to-day operations of the school system;
(9)
Support cooperation between the school system and the community;
(10)
Refer complaints, comments, and criticism to the superintendent and not to other
staff unless otherwise provided by law;
(11)
Support school system staff in the proper performance of their
duties;
(12)
Communicate the reaction of the community and other key stakeholders to board
policies to other board members and the superintendent;
(13)
Disclose by December 31 of each year through a written report to be maintained
by the board for public inspection the source, nature, and amount of any income
or other item of value received by me or any immediate relative, directly or
indirectly, from the school system itself, any employee of the school system, or
any entity doing or seeking to do business with the school system;
(14)
Provide full documentation in the form of receipts or other evidence of payment
in accordance with accepted accounting practices or a daily mileage log for any
expense for which reimbursement is requested from the school system;
and
(15)
Ensure that my behavior, as a reflection on the school system, is above reproach
at all times.
Furthermore,
I understand that I will be removed from the board if the Ethics Commission
finds that I have:
(1)
Breached the confidentiality of privileged information, including statements
made in an executive session of the board;
(2)
Violated local, state, and federal laws, policies, rules, and regulations
regarding fraud and fraudulent activities;
(3)
Become engaged in conflicts of interest;
(4)
Used school system contacts and privileges to promote partisan politics or
sectarian religious views;
(5)
Voted on or influenced in any way a decision or action by the board or a school
system employee that directly affects me or any of my relatives;
(6)
Discussed or otherwise communicated with vendors, individuals, or groups who are
soliciting business from the school system regarding the subject of the
solicitation or any matter related to the solicitation once the solicitation is
issued by the school system and until such time as the board has rendered a
decision on the solicitation; or
(7)
Consistently, intentionally, and willfully violated the procedures, norms,
rules, or regulations regarding the prohibition against involvement in the
day-to-day operation of the school system.
For
the purposes of this statement, the term 'relative' is as defined in Section 1
of the Act establishing the Ethics Commission for the DeKalb County Board of
Education.
Member
signature: ______________________
Date:
____________________".
SECTION
11.
An
Act establishing in DeKalb County districts from which the members of the county
board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p.
3424), as amended, particularly by an Act approved January 28, 1982 (Ga. L.
1982, p. 3797), is amended by striking Section 4 in its entirety and
substituting in lieu thereof a new Section 4 to read as follows:
"SECTION
4.
The
board of education established herein shall consist of a member from each of the
school board districts and posts created by Section 1 of this Act. Each member
of the board of education shall be elected by the qualified voters of DeKalb
County residing within the respective school board district. Each candidate for
membership on said board shall have been a resident of the school board district
which the candidate offers to represent for at least one year as of the date of
taking office. No person shall be eligible to be a candidate for the board who
has been convicted of a felony or who has been convicted of a misdemeanor in the
past ten years from the date of the election. Any member of said board shall
immediately be disqualified to continue serving as a member of said board if
such member ceases to be a resident of the member's respective school board
district, if the member qualifies as a candidate for any other federal, state,
or county elective office, or if the member is convicted of a felony or
misdemeanor. A candidate for election to said board shall designate the school
board district and the post, when applicable, for which the candidate is
offering for election."
SECTION
12.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
13.
All
laws and parts of laws in conflict with this Act are repealed.