R032117a  ARESOLUTION OF THE NEWTON COUNTY BOARD OF COMMISSIONERSTO  REVISE THE CODE OF ETHICS.  WHEREAS, the Constitution of the State of Georgia, approved by the voters ofthe State in November of 1982, and effective July 1, 1983, provides in Article IX, Section II, Paragraph I thereof, that the governing authority of each county may adopt clearly reasonable ordinances, resolutions and regulations relating to its property, affairs and local government for which no provision has been made by general law and which is not inconsistent with the Constitution or  any local law;  WHEREAS, the Newton County Board of Commissioners adopted a Code of Ethics for WHEREAS, the Board of Commissioners: have identified practices, which would be permitted under the existing Code of Ethics but nevertheless create conflicts ofi interest or impair public confidence in the integrity of government and the Board now desires to amend the Code  Newton County, Georgia known as "The Code of Ethics" on March 15, 2016; and  ofEthics to prevent such practices.  NOW,THEREFORE, BEI IT RESOLVED, by the Board of Commissioners ofl Newton County, Georgia that the Code of Ethics shall be modified to substitute gender-neutral pronouns for masculine pronouns and that Sections 1-103(a)(8); 1-104(a)(4); 2-103; 2-104; and 2-112 shall also be specifically revised as follows, with deletions strieken and additions underlined:  1.  SECTION 1-103. CODE OF ETHICS FOR COUNTY SERVICE GENERALLY AND This section is intended to adopt and incorporate in this section for local enforcement the ethical standards ofO.C.G.A. $ 45-10-1, as it may be amended from time to time.  FOR EMPLOYEES  (a) Any person in County service shall:  [...]  (8) Never use or disclose any information coming to him them confidentially in the performance of governmental duties as ai means for making private profit;    SECTION 1-104. CODE OF ETHICS FOR MEMBERS OF BOARDS, COMMISSIONS, AUTHORITIES, ELECTED OFFICIALS AND COUNTY DEPARTMENT HEADS. This section is intended to adopt and incorporate in this section for local enforcement the ethical standards ofO.C.G.A. $ 45-10-3, as it may be amended from time to time. (a) Any member of a County Board, Commission, or Authority, and elected officials and  County department heads shall:  [...]  (4) Never use or disclose any information coming to him them confidentially in the performance of governmental duties as a means for making private profit;  SECTION: 2-103. CONFLICT OF INTEREST TRANSACTIONS  (a) No official or employee shall acquire or maintain an interest in any business or property, nor shall any official or employee maintain. acquire or enter into any contract for the sale of property. goods or services with the mpr if a reasonable basis exists that such an interest will be affected directly by his their official act or action, except consistent with the disclosure and abstention provisions set forth in this article. (b) No candidate for election or appointment to any elective office shall enter into any prior agreement or understanding with any person or business as to the award of contracts, the purchase of goods, or subsequent employment or appointment within the County. (C) the-Couny-shal-met No official or employee shall acquire or maintain an interest in any business that is engaged in the sale of property, goods or services to the County, nor shall any official or employee maintain, acquire or enter into any contract for the sale of property., goods or services with the County, regardless of whether the official or employee abstains from taking an official act with respect to the CPtrmsaetePinwelvimg serviees-erprepertywiHwraliea-eleyee-orwirehsinessemiiy-in-whieh-the rarmPyelw interest, where the such official or employee is obligated or authorized to take part in any official act or duty related to the awarding or approving of such contract or sale. hspoblo-ha-eFealloyee (d) Provided that the official or employee is not obligated or authorized to take part in any official act or duty related to the awarding or approving a contract or sale. and subject to the abstention and disclosure requirements contained herein, an official or employee may maintain or enter into a contract for the sale of property, goods or services with the County or acquire or maintain an interest in a business doing the same under the following limited circumstances he-Conty-mwy-emterinte-r-cOnteH with-a-business eAwtdese SO long as (i) the-eflieial-er mpleyee-na-R8-0Bauheniraivre-akeanlleial-acterdauty-awarding-er PRE--t, the contract is or was awarded by way of a competitive  hsin-um-aligwallaeay-Hepstesheseinet  -2-    procurement process, (ii) the employee or official discloses to procurement personnel his or her affiliation with the County, (iiiv) the employee or official affirms in writing to procurement personnel that he or she has neither solicited nor received any advantage, favor or influence with respect to the contract due to affiliation with the County, and (iv) the contract is not otherwise prohibited by law. ESN itaaNs te-the-fellewing: Such limited circumstances include and are limited to the following: -Te-deignationefankerinssmpaysadepesiyep-erCounyums: -hw--ed (3(1) Contracts for goods or services entered into with a business which is the only (49(2) Contracts entered into under circumstances that constitute an emergency situation, provided that a record explaining the emergency is prepared by the Board  ates-forsuch-leans:  available source for such goods or services; and  and submitted to the County Manager tol be kept on file.  (€)_No official or employee shall acquire or maintain an interest in any business that is engaged in the sale of property. goods or services to the County, nor shall any official or employee maintain. acquire or enter into any contract for the sale of property. goods or services with the County where such official or employee has received confidential information with respect to the business. property or contract by virtue of their position. regardless of whether such official or employee is authorized to take part in any official  action with respect to the interest or contract.  SECTION 2-104. CONFLICT OF INTEREST EMPLOYMENT OR APPOINTMENT (a) No official or employee shall appoint or hire any member of their family to fill an office, position, employment, or duty when the salary, wages, pay, or compensation is to be paid (b)No official or employee shall appoint or recommend themselves or a member of their family to a county board. commission. or authority unless such appointment is expressly permitted by the enabling legislation of the board. commission or authority.  out of public funds.  SECTION 2-112. APPEARANCE BEFORE COUNTY ENTITIES  (a) No official or employee shall appear on behalf of any private person, other than himself themselves, his their spouse, or his their minor children, before any County agency, authority or Board. However, a member of the Board of Commissioners may appear before such groups on behalf of! his their constituents in the course of! his their duties as a representative of the electorate or in the performance of public or civic obligations.  -3-    (b) No official or employee shall, after the termination of service or employment with the County, accept remuneration of any kind for any appearance before any board, commission, committee, agency or authority oft the County on behalf of any adverse party in relation to any case. proceeding, or application in which they personally participated during the period of their service or employment, which was under their active consideration during the period oft their service or employment, or as to which they could have acquired knowledge or information during the period of their service or  employment.  2. Repealer  Any other County policies in conflict with the aforementioned provisions of the "The Rules for the Conduct ofBusiness" are hereby repealed and are ineffective and unenforceable.  3. Effective Date  The effective date oft this Resolution shall be the date of adoption.  SO RESOLVED this 21st" day of March, 2017.  NEWTON COUNTY BOARD OF COMMISSIONERS  Marcello Banes, Chairman   Attest:  GAonb Jéckie B. Smith, County Clerk    CODE OF ETHICS NEWTON COUNTY, GEORGIA Approved March 21.2017    TABLE OF CONTENTS  Article 1 -"In General" $ 1-101 Findings. $ 1-102 Definitions.  8 1-103 Code ofe ethics for County service generally and for employees.  $ 1-104 Code of ethics for members of Boards, commissions, authorities, elected officials  and County department heads. $1-105 Solicitation or acceptance of gifts. Article 2- - "Conflict ofInterest Transactions and Disclosures" $2-101 Application of division. $2-102 Compliance with applicable law. $2-103 Conflict ofi interest transactions. $2-104 Conflict ofinterest employment or appointment. $2-105 Financial disclosures. $2-106 Zoning application disclosures. $2-108 Withholding ofinformation. $2-109 Incompatible service. $2-110Unauthotized use of public property. $ 2-111 Political recrimination and activity. $2-112 Appearance before County entities. $ 2-113 Timely payment of debts to the County. $2-1141 Disclosure ofinterest. $2-115 Abstention to avoid conflicts ofi interest.  $2-107: Disclosures related to submission of bids or proposals for County work or  contract.  Article 3 - "Ethics Panel" $ 3-101 Ethics Panel. $ 3-103 Reserved. $3-104 Vacancies. $3-105 Removal of member. $3-107 Duties and powers. $3-108 Staffing and expenses. $ 3-109 Reserved. $ 3-110 Limitation ofliability. $ 3-111 Advisory opinion. $3-112Complaints. $3-113 Disciplinary action. $3-114. Judicial review.  $3-102 Appointment and panel selection procedures.  $3-106 Organization and internal operating regulations.  Code ofEthics, Newton County, Georgia  March 21,2017    CODE OF ETHICS NEWTON COUNTY, GEORGIA ARTICLE1 "IN GENERAL"  SECTION 1-101. FINDINGS.  (a) The Constitution of the State of Georgia, approved by the voters oft the state in November 1982 and effective July 1, 1983, provides in article IX, section II, paragraph I thereof, that the governing authority of the County may adopt clearly reasonable ordinances, (b) O.C.G.A. $ 36-1-20 authorizes counties to enact ordinances for protecting and preserving the public health, safety, and welfare of the population of the unincorporated areas of the (c) The Board of Commissioners desires to exercise its authority in adopting this article. (d) It is essential to the proper operation of democratic government that public officials be independent and impartial, that governmental decisions and policy be made in the proper channels of the governmental structure, that public office not be used for private gain other than the remuneration provided by law, and that there be public confidence in the (e) The attainment of one or more of these ends is impaired whenever there exists a conflict between the private interests of an elected official or a governmental employee and his (f) The public interest, therefore, requires that the law protect against such conflicts of interest and establish appropriate ethical standards with respect to the conduct of elected (g) It is also essential to the proper operation of government that those best qualified be encouraged to serve the government. Accordingly, legal safeguards against conflicts of interest must be SO designed as not unnecessarily or unreasonably to impede the recruitment and retention by the government of those men and women who are best (h) An essential principle underlying the staffing of our government structure is that its elected officials and employees should not be denied the opportunity, available to all other citizens, to acquire and retain private economic and other interests, except where conflicts with the responsibility of such elected officials and employees to the public  resolutions, and regulations.  County.  integrity of government.  duties.  officials and government employees in situations where conflicts exist.  qualified to serve it.  cannot be avoided.  Code of Ethics, Newton County, Georgia  March 21,2017  Page 1    (i) In recognition of these goals and principles, it is the policy of the Board of Commissioners to institute, establish, promote, and enforce standards of ethical conduct G) Itis a further policy of the Board of Commissioners that the proper administration of the County's government and the promotion and enforcement of standards of ethical conduct for the County's officers and employees would be best served by the creation ofa County Ethics Panel for the investigation of complaints related to ethical standards.  for all oft the County's officers and employees.  SECTION 1-102. DEFINITIONS.  The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them ini this section, except where the context clearly indicates a different meaning: (a) "Business" means any organization carrying on an enterprise for profit, regardless of! how designated or formed, including, but not limited to, sole proprietorships, partnerships, joint ventures, associations, trusts, corporations, limited liability companies, and any (b) "Confidential information" means any information that, by law or practice, is not (c) "County official" and "official" mean the members of the Board of Commissioners, the Chairman of the Board, any member of a Board or authority appointed by the Board of Commissioners, the County Manager, the County Attorney and any of their assistant County Attorneys, and any other elected or appointed officer or employee of the County, excluding constitutional officers and those employees who are exempt from the County (d) "Employee" means all those persons employed on a regular or part-time basis by the County, as well as those persons whose services are retained under the terms ofa contract with the County, excluding those employees who are exempt from the County civil (e) "Ethics Panel" means any County Ethics Panel as formed and described in this Code of (f) "Family" means the spouse, parents, children, brothers and sisters, whether related by (g) "Interest" means direct or indirect pecuniary or material benefit accruing to a County official or employee as a result ofa contract or transaction which is or may be the subject of an official act or action by or with the County, except for such contracts or transaction which, by their terms and by the substance of their provisions, confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated. The term "interest" shall not include any remote interest. For purposes  other type of business enterprise. reasonably available to the public.  civil service system, except to the extent prohibited by law.  service system, except to the extent prohibited by law.  Ethics.  blood or marriage, ofa County official or employee.  Code of] Ethics, Newton County, Georgia  March 21, 2017  Page 2    of the Code of Ethics, a County official or employee shall be deemed to have an interest  in the affairs of: (1) Their family;  (2) Any business entity in which the County official or employee is currently or will, in the reasonably foreseeable future, receive compensation for their services as a member, officer, director, consultant, agent, representative, or employee; (3). Any business entity in which the stock, legal ownership, or beneficial ownership held by the County official, employee, or their family is in excess of five percent of the total stock or total legal and beneficial ownership, or which is controlled or owned  directly ori indirectly by the County official or employee.  (h) "Official act" and "official duties" mean any legislative, administrative, appointive, or discretionary act of any official or employee of the County or any agency, Board,  committee, authority, or commission thereof. "Remote interest" means the interest of:  (1)An nonsalaried director, officer, or employee ofai nonprofit corporation;  (2) A holder of less than five percent of the legal or beneficial ownership of the total (3) Any person in a purely representative capacity, such as a receiver, trustee, or (4) Any person who has been determined by the Ethics Panel tol have such an interest. SECTION 1-103. CODE OF ETHICS FOR COUNTY SERVICE GENERALLY AND This section is intended to adopt and incorporate in this section for local enforcement the  shares oft the business; administrator; or  FORI EMPLOYEES  ethical standards ofO.C.G.A. S 45-10-1, as it may be amended from time to time.  (a) Any employee shall:  (1) Put loyalty to the highest moral principles and to country above loyalty to persons, (2) Uphold the Constitution, laws, and legal regulations oft the United States and the state and ofall governments therein and never be aj party tot their evasion; (3) Give a full day's labor for a full day's pay and give to the performance of their duties  party, or government department;  their earnest effort and best thought;  Code of] Ethics, Newton County, Georgia  March 21, 2017  Page 3    (4) Seek to find and employ more efficient and economical ways of getting tasks (5) Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not, and never accept, for themselves or their family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of their governmental duties; (6) Make no private promises of any kind binding upon the duties of office, since a government employee has no private word that can be binding on public duty; (7) Not engage in any business with the government, either directly or indirectly, which isi inconsistent with the conscientious performance oft their governmental duties; (8) Never use or disclose any information coming to them confidentially in the performance of governmental duties as a means for making private profit;  accomplished;  (9) Expose corruption wherever discovered; and  (10) Uphold these principles, ever conscious that public office is a public trust. SECTION 1-104. CODE OF ETHICS FOR MEMBERS OF BOARDS, COMMISSIONS, AUTHORITIES, ELECTED OFFICIALS AND COUNTY DEPARTMENT HEADS. This section is intended to adopt and incorporate in this section for local enforcement the ethical standards of O.C.G.A. $ 45-10-3, asi it may be amended from time to time.  (a) Any County official and County department head shall:  (1) Uphold the Constitution, laws, and regulations of the United States, the state, the County, and all governments therein and never be aj party to their evasion; (2) Never discriminate by the dispensing of special favors or privileges to anyone, (3) Not engage in any business with the government, either directly or indirectly, which isinconsistent with the conscientious performance ofhis governmental duties; (4) Never use or disclose any information coming to them confidentially in the performance of governmental duties as ai means for making private profit;  whether ori not for remuneration;  (5) Expose corruption wherever discovered;  (6) Never solicit, accept, or agree to accept gifts, loans, gratuities, discounts, favors, hospitality, or services from any person, association or business under circumstances  Code ofl Ethics, Newton County, Georgia  March 21,2017  Page 4    from which it could reasonably be inferred that a major purpose of the donor is to (7) Never solicit, accept, or agree to accept gifts, loans, gratuities, contributions, discounts, favors, hospitality, or services from a business or the representative or agent of a business that provides services to the County, or is known to be seeking, (8) Never accept any economic opportunity under circumstances where they know or should know that there is a substantial possibility that the opportunity is being afforded them with intent to influence their conduct in the performance of their (9) Never engage in other conduct which is unbecoming to a member or which (10) Never take any official action under circumstances in which they know or should know that they have a direct or indirect interest in in the outcome of such official  influence the performance of the member's official duties;  bidding on or otherwise pursuing County business or contracts;  official duties;  constitutes a breach of public trust; and  action.  SECTION 1-105. SOLICITATION OR ACCEPTANCE OF GIFTS  (a) Consistent with the provisions set forth in Sections 1-103 and 1-104, there shall be no (1) Meals and beverages given in the usual course of entertaining associated with normal (2) An occasional gift from a single source of$101.00 or less in any calendar year.  violation oft this article in the following circumstances: and customary business or social functions.  (3) Ceremonial gifts or awards.  (4) Gifts of advertising value only or promotional items generally distributed to public  officials.  (5) Awards presented in recognition of public service.  (6) Reasonable expenses of food, travel, lodging and scheduled entertainment for a meeting that is given in return for participation in a panel or speaking engagement at (7) Courtesy tickets or free admission extended for an event as a courtesy or for ceremonial purposes, given on an occasional basis, and not to include season tickets  the meeting.  of any nature.  (8) Gifts from relatives or members of the official or employee's household.  Code of Ethics, Newton County, Georgia  March 21, 2017  Page 5    (9) Honorariums or awards for professional achievement. information conventions, or other similar events.  (10) Courtesy tickets or free admission to educational seminars, educational or  ARTICLE2  "CONFLICT OF INTEREST TRANSACTIONS AND DISCLOSURES"  SECTION 2-101.A APPLICATION OF DIVISION  (a) The following provisions of this division related to conflict of interest transactions and disclosures are intended to supplement and elaborate upon the Code of Ethics set forth in Article 1, and all such provisions shall be read and interpreted in accordance therewith.  SECTION 2-102. COMPLIANCE WITH APPLICABLE LAW  (a) No official or employee shall engage in any activity or transaction that is prohibited by law, now existing or hereafter enacted, which is applicable to them by virtue of their office or employment. Other provisions of law or regulations shall apply when any provisions of this article shall conflict with the laws of the state or the United States, except to the extent that this article permissibly sets forth a more stringent standard of conduct. The laws of the State or the United States shall apply when this article is silent.  SECTION2-103. CONFLICT OF INTEREST' TRANSACTIONS  (a) No official or employee shall acquire or maintain an interest in any business or property, nor shall any official or employee maintain, acquire or enter into any contract for the sale of property, goods or services with the County if a reasonable basis exists that such an interest will be affected directly by their official act or action, except consistent with the (b) No candidate for election or appointment to any elective office shall enter into any prior agreement or understanding with any person or business as to the award of contracts, the purchase of goods, or subsequent employment or appointment within the County. (c) No official or employee shall acquire or maintain an interest in any business that is engaged in the sale of property, goods or services to the County, nor shall any official or employee maintain, acquire or enter into any contract for the sale of property, goods or services with the County, regardless of whether the official or employee abstains from taking an official act with respect to the interest, where such official or employee is obligated or authorized to take part in any official act or duty related to the awarding or  disclosure and abstention provisions set forth in this article.  approving of such contract or sale.  Code ofl Ethics, Newton County, Georgia  March 21, 2017  Page 6    (d) Provided that the official or employee is not obligated or authorized to take part in any official act or duty related to the awarding or approving a contract or sale, and subject to the abstention and disclosure requirements contained herein, an official or employee may maintain or enter into a contract for the sale of property, goods or services with the County or acquire or maintain an interest in al business doing the same under the following limited circumstances sO long as (i) the contract is or was awarded by way ofa competitive procurement process, (ii) the employee or official discloses to procurement personnel his or her affiliation with the County, (iii) the employee or official affirms in writing to procurement personnel that he or she has neither solicited nor received any advantage, favor or influence with respect to the contract due to affiliation with the County, and (iv) the contract is not otherwise prohibited by law. Such limited (1) Contracts for goods or services entered into with a business which is the only (2) Contracts entered into under circumstances that constitute an emergency situation, provided that a record explaining the emergency is prepared by the Board and  circumstances include and are limited to the following: available source for such goods or services; and  submitted to the County Manager to be kept on file.  (e) No official or employee shall acquire or maintain an interest in any business that is engaged in the sale of property, goods or services to the County, nor shall any official or employee maintain, acquire or enter into any contract for the sale of property, goods or services with the County where such official or employee has received confidential information with respect to the business, property or contract by virtue of their position, regardless of whether such official or employee is authorized to take part in any official  action with respect to the interest or contract.  SECTION 2-104. CONFLICT OF INTEREST EMPLOYMENT OR APPOINTMENT (a) No official or employee shall appoint or hire any member of their family to fill an office, position, employment, or duty when the salary, wages, pay, or compensation is to be paid (b) No official or employee shall appoint or recommend themselves or a member of their family to a county board, commission, or authority unless such appointment is expressly permitted by the enabling legislation of the board, commission or authority.  out of! public funds.  SECTION: 2-105. FINANCIAL DISCLOSURES  (a) Financial disclosures shall be governed by federal and state law as it may be amended from time to time, and this article shall not require any additional reports tol be filed other  than those required by federal and state law.  SECTION 2-106. ZONING APPLICATION DISCLOSURES  Code of] Ethics, Newton County, Georgia  March 21, 2017  Page 7    (a) All disclosures with regard to zoning applications shall be governed in their entirety by the conflict of interest in zoning actions provisions contained in O.C.G.A. $ 36-67A-1et  seq., as iti may be amended from time to time.  SECTION 2-107. DISCLOSURES RELATED TO SUBMISSION OF BIDS OR (a) Persons submitting bids or proposals for County work who have contributed $250.00 or more to a County official must disclose on their bid or proposal the name of the County official to whom the contribution was made and the amount contributed. Such a disclosure must also be made prior to a request for any change order or extension of any contract awarded to the person who submitted the successful bid or proposal.  PROPOSALS FOR COUNTY WORK OR CONTRACT  SECTION 2-108. WITHHOLDING OF INFORMATION  (a) No official or employee shall knowingly withhold any information or otherwise impair the proper decision making of the Ethics Panel, Board of Commissioners, or any of the  County's Boards, agencies, authorities, or departments.  SECTION 2-109. INCOMPATIBLE SERVICE  (a) No official or employee shall engage in or accept private or public employment or render service for any private or public entity, when such employment or service is incompatible with the proper discharge of their official duties or. would tend to impair their independence of judgment or action in the performance of their official duties, unless  otherwise permitted by law and unless public disclosure is made. SECTION: 2-110. UNAUTHORIZED USE OF PUBLIC PROPERTY  (a) No official or employee shall request or permit the unauthorized use of County services or County owned property, including but not limited to, vehicles, equipment, materials,  computers, and cellular telephones, for personal convenience or profit.  SECTION 2-111. POLITICAL RECRIMINATION AND ACTIVITY  (a) No official or employee, whether elected or appointed, shall either cause the dismissal or threaten the dismissal from any County position as a reward or punishment for any political activity. No official or employee shall direct any person employed by the County to undertake political activity on behalf of such official or employee, any other official or employee, or any other individual, political party, group, or business entity during such time that the employee is required to conduct County business. This section does not prohibit incidental telephone calls made for the purpose of scheduling an official's daily  County business.  SECTION 2-112. APPEARANCE BEFORE COUNTY ENTITIES  Code of Ethics, Newton County, Georgia  March 21,2017  Page 8    (a) No official or employee shall appear on behalf of any private person, other than themselves, their spouse, or their minor children, before any County agency, authority or Board. However, a member of the Board of Commissioners may appear before such groups on behalf of his constituents in the course ofl his duties as a representative of the (b) No official or employee shall, after the termination of service or employment with the County, accept remuneration of any kind for any appearance before any board, commission, committee, agency or authority oft the County on behalf ofany adverse party inr relation to any case, proceeding, or application in which they personally participated during the period of his service or employment, which was under their active consideration during the period of their service or employment, or as to which they could have acquired knowledge or information during the period of their service or  electorate ori in the performance of public or civic obligations.  employment.  SECTION 2-113. TIMELY PAYMENT OF DEBTS TO' THE COUNTY  (a) All officials and employees shall pay and settle, in a timely and prompt fashion, all accounts between them and the County, including the prompt payment ofall taxes.  SECTION 2-114. DISCLOSURE OF INTEREST  (a) The Chairman and each member of the Board shall immediately disclose publicly the nature and extent of any financial or personal interest in any proposed legislation or (b). Any other official or employee who has a financial or personal interest in any proposed legislation or action before the Board and who participates in discussion with or gives an official opinion or recommendation to the Board in connection with such proposed legislation or action shall disclose publicly the nature and extent of such interest. SECTION 2-115. ABSTENTION TO AVOID CONFLICTS OF INTEREST  action before the Board.  (a) Except as otherwise provided by law, no official or employee shall participate in the discussion, debate, deliberation, vote, or otherwise take part in the decision-making process on any item before them in which the official or employee has a conflict of (b) To avoid the appearance of impropriety, if any official or employee has a conflict of interest or has an interest that they have reason to believe either violates this article or may affect their official acts or actions in any matter, the official or employee shall immediately leave the meeting room, except that if the matter is being considered at a public meeting, the official or employee may remain in the meeting room.  interest as set forth in this article.  Code ofEthics, Newton County, Georgia  March 21,2017  Page 9    (c) In the event of a conflict of interest, the official or employee shall announce their intent to abstain prior to the beginning of the discussion, debate, deliberation, or vote on the item, shall not participate in any way, and shall abstain from casting a vote.  ARTICLE3 ETHICS PANEL"  SECTION. 3-101. ETHICS PANEL  (a) An Ethics Panel shall be assembled on a case-by-case basis for the sole purpose of  considering a single ethics complaint.  SECTION: 3-102. APPOINTMENT AND PANEL SELECTION PROCEDURES  (a) The Ethics Panel Clerk shall be an individual designated by the Newton County Manager (b) Each Ethics Panel shall consist of three randomly selected members from a list (c) The Clerk shall maintain a list of not less than nine nor more than fifteen qualified individuals from which to draw members of the Ethics Panels. The Clerk shall confirm the qualifications and willingness of each such individual to serve on an Ethics Panel not (d) Individuals shall be deemed qualified to serve on an Ethics Panel for sO long as they: (1) Are attorneys at law in good standing with the State Bar of Georgia; those years dedicated to general civil litigation practice; (3) Do not reside or maintain an office within Newton County, Georgia;  to serve ini that capacity.  maintained by the Ethics Panel Clerk.  less than once per year.  (2) Have at least five years experience in the practice of law, with no less than three of  (4) Are not, and have never been, a County employee or County official, and no member oftheir family is an existing or former County employee or County official; and (5) Have no, and the members of their family have no, business or contractual relationship with Newton County, Georgia, have not provided monetary or in-kind campaign contributions or support to sitting members ofthel Board ofCommissioners, Constitutional Officers or any other Newton County elected official; and (6) Have no other conflict ofi interest in providing service on1 the Ethics Panel.  Code of] Ethics, Newton County, Georgia  March 21,2017  Page 10    (e) Upon the Clerk determining that an ethics complaint meets the facial requirements of section 3-110 of this Chapter, the Clerk shall conduct a blind drawing of three names from the list ofi members and contact each member to determine their availability to serve on the Ethics Panel. The drawing of names by the Clerk shall be witnessed by either the County Manager and/or the County Attorney to ensure the integrity of the selection process. Upon selection of three qualified members who are available to serve on the Ethics Panel, the Clerk shall prepare a document identifying panel membership and both the Clerk and the County Manager and/or County Attorney that witnessed the selection process shall attest on that document as to the legitimacy of the selection process. No member shall be qualified to serve on more than one Ethics Panel at any given time unless all other qualified members are either serving on an Ethics Panel or have expressed their unavailability to SO serve. Service on an Ethics Panel shall be deemed to have terminated upon the entry of the written dismissal or decision of the Ethics Panel (g) An individual Ethics Panel member shall cease to be qualified to serve immediately upon the third consecutive refusal (whether by choice or unavailability) to serve on an Ethics Panel after being randomly drawn from the list and contacted by the Clerk to serve.  after the conclusion of an ethics hearing.  SECTION 3-103. VACANCIES  (a) If any vacancy occurs on an Ethics Panel reducing its membership below three, the Clerk shall at that time choose an alternate member using the same methodology as provided in  section 3-102.  SECTION: 3-104. REMOVAL OF MEMBER  (a) The Board of Commissioners, upon receipt of a written complaint from two members of any Ethics Panel, may remove a member of any Ethics Panel on the grounds of nonfeasance or malfeasance during the member's term of service. Before initiating the removal of a member, the Board of Commissioners shall give the member written notice of the reason for the intended action, and the member shall have the opportunity to reply. Thereafter, the Board of Commissioners shall afford such member an opportunity for a  hearing before the Board of Commissioners.  SECTION: 3-105. ORGANIZATION AND INTERNAL OPERATING REGULATIONS (a) Members of Ethics Panels shall be paid a per diem for each meeting or hearing they are required to attend. If a hearing lasts multiple days, then the Ethics Panel member shall receive a separate per diem for each day of! hearing attendance. The per diem shall be the same for each Ethics Panel member and shall be approved by the Board of (b) Each Ethics Panel shall elect one of its members to act as chair to serve during the  Commissioners.  pendency of that Ethics Panel.  Code of] Ethics, Newton County, Georgia  March 21,2017  Page 11    (c) All meetings of Ethics Panels shall be conducted in a room supplied by the Board of Commissioners, shall be duly publicized, and shall be otherwise conducted in accordance (d) No official action concerning complaints shall be taken by an Ethics Panel, except by the  with open meeting requirements under state law.  affirmative vote of at least two members oft the Ethics Panel.  SECTION 3-106. DUTIES AND POWERS  (a) Each Ethics Panel shall have the following duties and powers:  (1) Receive and hear complaints of violations of standards required by this Chapter. (2) Take such action as provided in this Chapter as deemed appropriate. (3) Perform any other function authorized by this Chapter. (4) Issue advisory opinions as provided in this Chapter.  SECTION3-107.STAFFING AND EXPENSES  (a) The Ethics Panels shall be provided sufficient meeting space and other reasonable supportive services to carry out their duties required under this Chapter. The County Manager shall designate an administrative employee who shall serve as the filing Clerk for the Ethics Panels and who shall be authorized to receive all filings before the Ethics Panels, to publish notices of all meetings upon request of an Ethics Panel chair, and to  serve as the recording Clerk for the Ethics Panels. SECTION 3-108. LIMITATION OF LIABILITY  (a) No member of an Ethics Panel, or any person acting on behalf of an Ethics Panel, shall be liable to any person for any damages arising out of the enforcement or operation of this Chapter, except in the case of willful or wanton conduct. This limitation of liability shall apply to the County, the members of the Ethics Panels, and employees of the Ethics  Panels, and any person acting under the direction ofa an Ethics Panel.  SECTION 3-109. ADVISORY OPINION  (a) An Ethics Panel shall be assembled, using the same assembly process as set forth in section 3-102, to render an advisory opinion based on a real or hypothetical set of circumstances when requested to do SO in writing by a County official or employee related to that County official's or employee's conduct or transaction of business. Such advisory opinions shall be rendered pursuant only to a written request, fully setting forth the circumstances to be reviewed by the Ethics Panel. The proceedings of the Ethics  Code of Ethics, Newton County, Georgia  March 21,2017  Page 12    Panel pursuant to this section shall be held in public to the extent consistent with state law, and the opinions of the Ethics Panel shall be made available to the public.  SECTION: 3-110. COMPLAINTS  (a) Ethics Panels shall be responsible for hearing and deciding any complaints filed regarding alleged violations of this Chapter by any person. The following procedures (b). Any person may file a complaint alleging a violation of any of the provisions of this Chapter by submitting it to the Ethics Panel Clerk. A copy of such complaint shall be immediately delivered by hand, facsimile or email to the County official or employee against whom the complaint was filed with a second copy being provided to the County office or employee by registered mail. The complaint must be supported by affidavits based on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. All documents referred to in an affidavit should be attached to the affidavit. The person filing the complaint shall verify the complaint by his signature thereon. Every ethics complaint shall be signed and notarized, and shall contain the  shall be followed when filing a complaint:  following statement:  "Ih have read the ethics complaint and aver that the facts contained therein  are true to the best ofmy knowledge and belief."  (c) The complaint must contain the full legal name of the complainant along with a current valid mailing address, phone number, and, ifa applicable, an email address. (d) A complaint must be filed within six months of the date the alleged violation is said to have occurred, or in case of concealment or nondisclosure within six months of the date the alleged violation should have been discovered after due diligence. Ifthe Ethics Panel Clerk makes an initial determination that a complaint is technically deficient, the Ethics Panel Clerk shall submit a list of the deficiencies to the complainant and offer the complainant the opportunity to correct the deficiencies within seven days prior to the complaint being dismissed on technical grounds. For purposes of this Chapter, "technical deficiencies" shall mean that the complaint is not supported by affidavits based on personal knowledge, is not signed and notarized, pertains to conduct occurring more than six months prior to the complaint being filed or contains no statement that the conduct was concealed or non-disclosed, or does not contain the full legal name, mailing address, or phone number of the complaining party. Unremedied technical deficiencies shall (e) Upon receipt ofa complaint alleging misconduct, the County official or employee against whom the complaint was filed may reply to the complaint within 30 days, unless such time for reply is extended by the Ethics Panel upon good cause shown. The response of the County official or employee must be supported by affidavits based on personal knowledge, must set forth such facts as would be admissible in evidence, and must show  authorize the Ethics Panel Clerk to dismiss the complaint.  Code of Ethics, Newton County, Georgia  March 21, 2017  Page 13    affirmatively that the affiant is competent to testify to the matters stated therein. All documents referred toi in an affidavit should be attached to the affidavit. (f) Within 60 days of receipt ofa complaint, the Ethics Panel shall conduct an investigatory review to determine whether specific substantiated evidence from a creditable source(s) exits to support a reasonable belief that there has been a violation of this Chapter. In addition to any notice required under the Georgia Open Meetings Act, the Clerk shall provide written notice to the party tendering the complaint, and the official or employee that is the subject of the complaint, of the date, time and location of the Ethics Panel meeting where the investigatory review is to be conducted. This notice shall be provided via statutory overnight or certified mail delivered to the residence or other provided address of the respective party, with said notice to be received a reasonable time and in no event less than two days prior to the date of said meeting. The above notice notwithstanding, neither the complaining nor responding party shall be entitled to make a presentation or otherwise address the Ethics Panel during the investigatory review meeting. The opportunity for presenting evidence and otherwise addressing the Ethics Panel shall occur in accord with subparagraph (g) of this section. If after reviewing the complaint the Ethics Panel by majority vote determines that no specific, substantiated evidence from a credible source(s) exists to support a reasonable belief that there has been a violation ofthis Chapter or determines that no violation occurred, it may dismiss the complaint without further proceedings. In the event a complaint is dismissed based upon the merits of the complaint or after the formal public hearing, the complaint may (g) If the Ethics Panel determines that specific, substantiated evidence from a creditable source(s) exists to support a reasonable belief that there has been a violation of this Chapter, certified written notice of a hearing, containing the time, date and place of such hearing, shall be given to each party by the Ethics Panel, and a formal public hearing shall be conducted and both parties afforded an opportunity to be heard. Any formal public hearing shall be conducted in accordance with the requirements of due process. (h) Any final determination resulting from the hearing shall include written findings of fact and conclusions of law. The Ethics Panel shall determine if clear and convincing (i) In the event an ethics complaint brought against a County official or employee (both hereafter referred to as Respondent") arising out of their official duties is dismissed based upon the merits oft the complaint or after the formal public hearing, the Respondent shall be entitled to reimbursement for reasonable attorney's fees and costs incurred in defending said ethics complaint. Upon securing a final determination by the Ethics Panel of the complaint being dismissed, the Respondent shall submit a copy of the order making such findings to the Newton County Manager along with a copy of all applicable itemized attorney's fees and costs incurred in defending same. The itemized attorney's fees and costs shall have attorney time and tasks broken down in 1/10 of an hour increments along with the attorney's hourly fee, and all other itemized costs coupled with  not be re-filed.  The Ethics Panel is authorized to swear witnesses.  evidence shows any violation ofthis Chapter.  Code of Ethics, Newton County, Georgia  March 21,2017  Page 14    a sworn statement by the attorney that the amount submitted for repayment is the same amount for which the Respondent would otherwise have been responsible. No paralegal G) The County Manager shall submit, within three business days of receipt, the attorney fee statement to the County Attorney for a determination of reasonableness, of which determination shall be provided in writing (or email) to the County Manager and Respondent within ten business days. Upon the fees being deemed reasonable, the County Manager shall submit all documentation to the Finance Department for issuance ofa reimbursement check to the Respondent or Respondent's attorney, at Respondent's sole discretion, with reimbursement payment occurring within ten days from the date of the County Attorney's determination notification. In no event shall reimbursement under  or other expenses shall be subject to: reimbursement.  this paragraph exceed $10,000.00. SECTION 3-111. DISCIPLINARY ACTION  (a) Employees are subject to the following penalties and actions for a violation of this  Chapter:  (1) Written warning or reprimand; (2) Suspension without pay; (3) Termination of employment; and  (4) Repayment to the County of any unjust enrichment.  (b) County officials are subject to the following penalties and actions for a violation of this  Code ofEthics:  (1) Written warning, censure, or reprimand;  (2) Removal from office to the extent provided by state law; and (3) Repayment to the County of any unjust enrichment.  (c) Upon direction of an Ethics Panel, a petition may be filed for injunctive relief, or any other appropriate relief, in the Newton County Superior Court, or in any other court having proper venue and jurisdiction, for the purpose of requiring compliance with the provisions of this Chapter. In addition, the court may issue an order to cease and desist from the violation of this Chapter. The court may also void an official action that is the subject of the violation, provided that the legal action to void the matter was brought within 90 days of the occurrence of the official action, if the court deems voiding the action to be in the best interest of the public. The court, after hearing and considering all the circumstances in the case, may grant all or part of the relief sought. However, the court may not void any official action appropriating public funds, levying taxes or  Code of] Ethics, Newton County, Georgia  March 21,2017  Page 15    providing for the issuance of bonds, notes or other evidences of public obligation under (d) In addition to any other remedy provided in this Chapter, upon determination of a violation of this Code of Ethics, an Ethics Panel may recommend to the Board of Commissioners in writing that any contract, bid, or change order that was the subject of the violation should be cancelled or rescinded. The Board of Commissioners, however, shall retain the discretion to determine whether such a cancellation or rescission would be in the best interest of the County and shall not be bound in any way by a recommendation (e) An Ethics Panel may also forward its findings of fact and conclusions of law to the  this Chapter.  of an Ethics Panel.  County District Attorney's office for appropriate action.  SECTION 3-112. JUDICIAL REVIEW  (a) Any party against whom a decision of an Ethics Panel is rendered may obtain judicial review of the decision by writ of certiorari to the Newton County Superior Court. The application for the writ must be filed within 30 days from the date ofthe written decision. Judicial review shall be based upon the record. No party shall be entitled to a de novo (b) Upon failure to timely request judicial review of the decision by writ of certiorari as provided in this section, the decision shall be binding and final upon all parties. (c) The appellate rights afforded under this Chapter shall be in lieu of any right to appeal an adverse employment action under the County's personnel appeal processes, to the extent  appeal.  the County official or employee may be subject to the same.  Code of Ethics, Newton County, Georgia  March 21, 2017  Page 16