§ 2.14. Conflicts of interest; holding other offices.

(a)

Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:

(1)

Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties;

(2)

Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties;

(3)

Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization; or use such information to advance the financial or other private interest of himself or others;

(4)

Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;

(5)

Represent other private interests in any action or proceeding against this city or any portion of its government; or

(6)

Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest.

(b)

Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the board of commissioners. Any commissioner who has a private interest in any matter pending before the board of commissioners shall disclose such private interest and such disclosure shall be entered on the records of the board of commissioners, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity.

(c)

Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the board of commissioners or the governing body of such agency or entity.

(d)

Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the board of commissioners.

(e)

Ineligibility of elected official. Except where authorized by law, no commissioner shall hold any other elective or compensated appointive office in the city or otherwise be employed by the government or any agency thereof during the term for which he was elected. No former commissioner shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected.

(f)

Political activities of certain officers and employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office.

(g)

Penalties for violation.

(1)

Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position.

(2)

Any officer or employee of the city who shall forfeit his office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

State law reference

Code of ethics for government service, O.C.G.A. § 45-10-1.