City of Atlanta
Georgia

Ordinance
19-O-1729
Adopted on Substitute
Feb 3, 2020 1:00 PM

****AN ORDINANCE BY COUNCILMEMBERS JENNIFER N. IDE, MARCI COLLIER OVERSTREET, HOWARD SHOOK, MATT WESTMORELAND, JOYCE M. SHEPERD, CLETA WINSLOW, CARLA SMITH, NATALYN M. ARCHIBONG, AMIR R. FAROKHI, J. P. MATZIGKEIT, ANTONIO BROWN, ANDREA L. BOONE, ANDRE DICKENS, DUSTIN HILLIS AND MICHAEL JULIAN BOND AS SUBSTITUTED AND AMENDED BY THE FINANCE AND EXECUTIVE COMMITTEE AND SUBSTITUTED BY THE ATLANTA CITY COUNCIL (#3) AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, O.C.G.A. SECTION 36-35-1 ET SEQ. AS AMENDED, BY AMENDING PART L (CHARTER AND RELATED LAWS), SUBPART A (CHARTER), ARTICLE II (LEGISLATIVE), TO ADD CHAPTER 8 (INSPECTOR GENERAL), SO AS TO CREATE THE POSITION AND OFFICE OF INSPECTOR GENERAL AND ESTABLISH ITS ROLES AND RESPONSIBILITIES; TO CREATE A STRUCTURE OF GOVERNANCE OF THE OFFICE OF THE INSPECTOR GENERAL; TO REQUIRE THE PROVISION OF FUNDS NECESSARY FOR THE FACILITIES, EQUIPMENT, AND STAFFING FOR THE INSPECTOR GENERAL TO CARRY OUT THE RESPONSIBILITIES THEREOF; TO DELEGATE SUBPOENA POWER TO THE INSPECTOR GENERAL; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 6 Jennifer N. Ide, Councilmember, District 11 Marci Collier Overstreet, Councilmember, District 7 Howard Shook
Category:Charter AmendmentFunctions:None Required

Attachments

  1. Printout
  2. 12 Creation of Position and Office of Inspector General
  3. 19-O-1729 (Amendment Form #1) (This file has not yet been converted to a viewable format)
  4. FC SUB 19-O-1729 (Inspector General)

Item Discussion

(1st reading 12/2/19; Favorable by Finance/Executive Committee 12/11/19; forwarded with no recommendation by Committee on Council 1/6/20)(Favorable on Substitute #2 as Amended by Finance/Executive Committee Special Call Meeting 1/17/20; Forwarded with no recommendation by Committee on Council) (2nd reading; First Adoption on Substitute #3 by Full Council 1/21/20 and referred back to Finance/Executive Committee) (Favorable by Finance/Executive Committee 1/29/20; forwarded to Committee on Council 2/3/20) (Favorable by Committee on Council 2/3/20)

 

Body

WHEREAS, the City of Atlanta desires to increase its commitment to transparency, compliance, and other factors that would provide its residents and the public at large with the assurance that the City and its employees are conducting business in a manner that is honest, transparent, lawful, and in the sole interests of its residents; and

 

WHEREAS, the prevention of non-compliance with applicable law, fraud, corruption and abuse in the agencies of city government is a responsibility of the city; and

 

WHEREAS, pursuant to 19-O-1038, the City of Atlanta broadened the Board of Ethics to become the Board of Ethics and Compliance; and

 

WHEREAS, pursuant to 19-O-1038, the City of Atlanta created the position of Independent Compliance Officer; and

 

WHEREAS, pursuant to 19-R-3148, the City of Atlanta established the Task Force for the Promotion of Public Trust to evaluate the efficacy of the City's current legislative and administrative policies and procedures related to ethics, transparency, and compliance and surveying national models of government and corporate transparency, ethics, and compliance; and

 

WHEREAS, the Task Force was charged with making written recommendations to the Mayor, the Council President, and the Atlanta City Council for meaningful reforms; and on or about October 14, 2019, the Task Force issued its final report; and

 

WHEREAS, the Task Force recommended the creation of an Inspector General’s (IG) Office for the City of Atlanta to root out fraud, waste, abuse, corruption and misconduct, and with the power and responsibility to investigate wide ranging types of misconduct, with the independence to do so separate from any political influence; and

 

WHEREAS, the Task Force recognized that the Independent Compliance Office has many of the requisite functions of an IG, but recommended further strengthening the role and responsibilities; and

 

WHEREAS, it is the desire of the Mayor and Atlanta City Council to move the functions of the Independent Compliance Office to that of a newly created Office of Inspector General; and to provide for coordination between the functions of the Inspector General/Compliance, Ethics Officer and independent procurement review; and

 

WHEREAS, to strengthen the role of the Inspector General, the Office of Inspector General should be included in the City’s Charter; and

 

WHEREAS, it is the desire of the City Council to delegate subpoena power directly to the Inspector General and the Ethics Officer; and

 

WHEREAS, the City Council of Atlanta will continue to look at ways to strengthen its commitment to transparency and against fraud, corruption and abuse, including seeking additional authority from the State of Georgia to do so where necessary.

 

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA,

HEREBY ORDAINS as follows:

 

SECTION 1: That Part I, (Charter and Related Laws), Subpart A, (Charter), is hereby amended to add a new Article 8 which shall be entitled “The Office of the Inspector General” and shall read as follows:

 

ARTICLE 8. - THE OFFICE OF THE INSPECTOR GENERAL

 

Section 8-101. - The Office of the Inspector General.

 

(a)              Establishment.  There is hereby established the Office of the Inspector General of the City of Atlanta. The Office of the Inspector General shall consist of the following divisions:

 

(1) The Inspector General / Compliance Division;

 

(2) The Ethics Division; and

 

(3) The Independent Procurement Review Division.

 

(b)              Purposes.  The purposes of this Article shall be to provide for an orderly and fair process for raising and addressing ethical questions; for disciplining those officials and employees and other persons who violate the Standards of Conduct set forth in Chapter 2, Article VII, Division 2 of the City of Atlanta Code of Ordinances; to reasonably ensure that the city, and its officials and employees are complying with all applicable laws, rules and regulations, and internal policies and procedures; and to provide and enforce standards of practice related to the performance and financial operation of the city; and for investigating allegations of waste, fraud, abuse and misconduct.

 

(c)              The Office of the Inspector General shall be led by the Inspector General of the City of Atlanta who shall be responsible for the coordination of the efforts of the divisions of the Office of the Inspector General. 

 

(d)              Funding.

 

(1) The Atlanta City Council shall provide funds necessary for the facilities, equipment, and staffing of the Office of the Inspector General to carry out the responsibilities specified herein and by ordinance. 

 

(2) Funding provided by the Atlanta City Council for the Office of the Inspector General, made pursuant to this section shall include specific funding for each division of the Office of the Inspector General, which shall include specific funding for the Inspector General / Compliance Division, for the City Ethics Division, and for the Independent Procurement Review Division.  

 

(3) For appropriations to each division within the Office of the Inspector General, the respective director of each division shall, within the context of authority over the funds appropriated to the center designated for the division, have authority to draw against and transfer among accounts with such center in conformity with the City of Atlanta Code of Ordinances and administrative provisions, with the exception of salaries and benefits accounts.  During any fiscal year appropriations for salaries and benefits shall only be expended as compensation and benefits for employees of the respective divisions within the Office of the Inspector General and are restricted from transfer to any other account.  All other expenditures within the center shall be charged against the appropriate expense account in the city’s chart of accounts.  

 

(e)              Access to records and property

 

(1) Except where confidential and/or privileged as recognized by state law, all city officers and employees shall allow the Office of the Inspector General immediate access to any and all public records and property in the custody of the City of Atlanta, including but not limited to books, records, documents, and automated data. All city officers and employees shall also allow the Office of the Inspector General immediate access to personnel, processes (including meetings) and other requested public information, pertaining to the business of the city and within the  custody of the City of Atlanta regarding powers, duties, activities, organization, property, financial transactions, contracts, and methods of business, which have been determined by the Office of the Inspector General to be required to conduct an investigation, audit or other official duties. In addition, except where confidential and/or privileged as recognized by state law, such officers and employees shall provide access for the Inspector General to inspect all property, equipment, and facilities within their custody.

 

(2) In the event any city officer or employee shall fail to allow access to any requested public records and property in the custody of the City of Atlanta as required part (1) of subsection (d) of this section, the Inspector General and the Ethics Officer shall have the power to compel the production of said information by subpoena.  If any person duly subpoenaed shall fail to allow access to said public records and property, the Inspector General shall report such failure to any court of record or judge thereof in accordance with applicable law, who may make such order as shall be proper for the production of any such documents and things.  The Inspector General may, after due notice and opportunity to be heard pursuant to this Article, punish him or her for failure to comply therewith.

 

(3) All contracts with outside contractors, vendors and agencies shall include an inspections clause to provide for the Office of the Inspector General’s access to all records, and those of their subcontractors, needed to verify compliance with the terms specified in the contract. No member of the Office of the Inspector General shall participate in any activity, decision or meeting that would impair independence.

 

(4) In addition to as specifically provided in this section, in furtherance of an investigation initiated pursuant to this Article, the Inspector General or the Ethics Officer may issue subpoenas to compel the production of documents and things including for books, records, documents, papers, automated data, and other written instruments. If any person duly subpoenaed shall fail or refuse to produce such documents and things, the Inspector General shall report the failure or refusal to produce the documents and/or things to any court of record or judge thereof in accordance with applicable law, who may make such order as shall be proper for the production of any such documents and things.  The Inspector General may, after due notice and opportunity to be heard pursuant to this Article, punish him or her for failure to comply therewith.

 

(5) Records and property subject to disclosure under this section which state law recognizes as confidential and/or privileged shall be exempt from disclosure to Office of the Inspector General or subpoena issued under this section.

 

(6) The Office of the Inspector General shall not publicly disclose any information received during an investigation that is considered confidential by any local, state, or federal law or regulation.

 

(7) Motions to quash subpoenas issued in accordance with this Article shall be heard and decided by the Governing Board of the Office of the Inspector General in accordance with the hearing procedures set forth in this Article. 

 

(f)              Initiating Investigations.  The Office of the Inspector General shall have the authority to conduct investigations under the jurisdiction of this Article:

 

(1)              Upon a sworn written complaint by any person in a form prescribed by the Office of the Inspector General;

 

(2)              Upon internal determination, supported by reasonable articulable suspicion, that any matter should be investigated;

 

(3)              Upon request via Resolution by the Atlanta City Council; and

 

(4)              Upon request by the Mayor of the City of Atlanta via administrative order;

 

(5)              Upon request of the Chief Transparency Officer; and

 

(6)              Upon the determination by the City Auditor of the presence of indications of fraud, or abuse or illegal acts are present as a result of an audit conducted in accordance with Section 2-603 of the City of Atlanta Charter;

 

(g)              Coordination of Investigations.

 

(1)              Investigations conducted in accordance with this section shall be conducted by the Inspector General and Ethics Officer in accordance with the jurisdiction of the Compliance Division, the Ethics Division, and the Independent Procurement Review Division, respectively, pursuant to this Article.  The Inspector General/Compliance Division shall provide coordination and oversight of investigations that fall within the jurisdiction of either the Compliance or Independent Procurement Review Divisions and the Ethics Division.

 

(2)              The Ethics Officer must provide the Inspector General with prior notice of the initiation of any investigation to be conducted in accordance with this section; and must provide the Inspector General with prior notice of the conclusion of any investigation conducted in accordance with this section.               

 

(3)              If, at the initiation of, or during the course of, any investigation conducted by the Compliance Division, the Independent Procurement Review Division, or otherwise under the oversight of the Inspector General pursuant to this section, the Inspector General shall determine there to be a need for the conduct of an audit by the City Auditor in furtherance of the investigation, the Inspector General shall be authorized to request that the City Auditor initiate and conduct such an audit in accordance with the authority of the City Auditor in accordance with Section 2-608 of the Charter.

 

(h)              Issuance of Final Decisions/Reports.

 

At the conclusion of any investigation conducted under the jurisdiction of the Compliance Division, Ethics Division, or the Independent Procurement Review Division, the respective director of the division shall issue a final decision and report.  For investigations that fall within

within the jurisdiction of either the Compliance or Independent Procurement Review Divisions and the Ethics Division, the Inspector General shall issue the final decision and report.   

 

(1)              Requirements of decision. As part of the final decision, the appropriate director shall include findings of fact and any law on which the decision is based, separately stated, and the effective date of the decision or order. Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Copies of the decision or order shall be mailed to all parties of record by the Office of the Inspector General.

 

(2)              Finality of decision. The decision shall be binding, subject to appeal to the Governing Board of the Office of the Inspector General as provided in this Article.  Except as otherwise provided in this Article, only decisions issued by a director at the conclusion of an investigation conducted in accordance with this section shall be subject to appeal to the Governing Board of the Office of the Inspector General.  

 

(i)              Violations

 

(1)               Any intentional violation of  a matter under the jurisdiction of the Office of the Inspector General, or the furnishing of false or misleading information to the Office of the Inspector General, or the failure to follow a written ethics opinion rendered by the Ethics Officer, or the failure to comply with a subpoena issued by the Inspector General or the Ethics Officer pursuant to this Article shall subject the violator to any one or more of the following:

 

a.              Administrative sanction of not more than $1,000.00 assessed by the Office of the Inspector General;

 

b.              Public reprimand by the Office of the Inspector General; and

 

c.              Prosecution by the city solicitor in municipal court for a violation of this section, and, upon conviction, to a fine of up to $1,000.00 per violation and up to six months imprisonment, whether the official or employee is elected or appointed, paid or unpaid. Nothing in this section shall be interpreted to conflict with state law. An action for violation of this Article or the furnishing of false or misleading information or the failure to comply with a subpoena issued in accordance with this article must be brought within two years after the violation is discovered.

 

(2)              With regard to violations by employees, in addition to the remedies herein, the Office of the Inspector General may recommend any one or more of the disciplinary actions set forth in section 114-502.  Where such employees are not subject to the jurisdiction of the Compliance Division as set forth in this Article, such recommendations shall be furnished to the appointing authority of the subject employee. 

 

(3)              With regard to violations by persons other than officials or employees, in addition to the remedies in this section, the Office of the Inspector General may recommend to the Chief Procurement Officer any one or more of the following:

 

a.              Suspension of a contractor; and

 

b.              Disqualification or debarment from contracting or subcontracting with the city.

 

(4)              The value of any gratuity transferred from the City of Atlanta General Fund or received from the General Fund in breach of the provisions of this Article, the City of Atlanta Code of Ordinances, state law, or federal law, may be recovered from either the receiving official or employee or the person or entity providing the gratuity, for deposit in the City of Atlanta General Fund.

 

(j)              Reporting violations.  Any person who witnesses or becomes aware of a violation of this division may complain of that violation as follows:

 

(1)              By communicating with the Inspector General or the Ethics Officer. Where a complaint is communicated anonymously, such complaint shall be made in good faith, and with veracity and sufficient specificity so as to provide salient and investigable facts. The Office of the Inspector General may require the anonymous complaint to be made in a manner and form that is intended only to obtain relevant facts related to the alleged violation under the jurisdiction of the Office of the Inspector General, and that is not designed to reveal the identity of the complainant.  All written complaints shall contain the following if applicable:

 

a.              The name and address of the person or persons who file the complaint.

 

b.              The sworn verification and signature of the complainant.

 

c.              The name and address of the party or parties against whom the complaint is filed, and if such party is a candidate and the office being sought.

 

d.              A clear and concise statement of acts upon which the complaint is based along with an allegation that such facts constitute one or more violations of law under the jurisdiction of the Office of the Inspector General.

 

e.              A general reference to the statutory provision(s) of the code within the jurisdiction of the Office of the Inspector General, allegedly having been violated.

 

f.              Any further information which might support the allegations in the complaint including, but not limited to, the following:

 

1.              The name and address of all other persons who have firsthand knowledge of the facts alleged in the complaint; and

 

2.              Any documentary evidence that supports the facts alleged in the complaint.

 

(2)              Defective complaint. Upon receipt of a written, non-anonymous complaint which does not conform to the applicable requirements of this section, the Office of the Inspector General shall by letter acknowledge receipt of the complaint and advise complainant of the defect in the complaint and that the complaint may not be considered unless the defect is corrected.

 

(k)              Protection for reporting of violations.  Officials and employees are encouraged to report suspected misconduct or ethical violations to the Office of the Inspector General. No official or employee shall use or threaten to use any official authority or influence to discourage, restrain or interfere with any other person for the purpose of preventing such person from acting in good faith to report or otherwise bring to the attention of the Office of the Inspector General information relating to a violation or investigation under this Article. No official or employee shall use or threaten to use any official authority or influence to effect any action as a reprisal against an official or employee who reports, initiates a complaint, or otherwise brings to the attention of the Office of the Inspector General information relating to a violation or investigation under this article.

 

(l)              Upon request of the Inspector General, the city attorney, or any attorney representing the city attorney's office, shall advise the Office of the Inspector General. Upon a finding by the Governing Board of the Office of the Inspector General of a conflict under Rule 1.7 of the Georgia Rules of Professional Conduct by the city attorney regarding a matter, any attorney who shall be selected by a majority of the Governing Board shall advise the Office of the Inspector General on the matter which the Governing Board found the city attorney to be in conflict.

 

(m)              City political activities, prohibited.

 

(1) The Inspector General and Ethics Officer shall not engage in city electoral political activities and may not make campaign contributions to candidates in city elections during their terms. A violation of this subsection shall constitute cause for removal of as described in this Article.

 

(2) No employee of the Office of the Inspector General shall perform work, either in a paid or unpaid capacity, for any candidate for City elected office.

 

Section 8-102. - Governing Board of the Office of the Inspector General.

 

(a)              To ensure the independence of the Office of the Inspector General, the Governing Board of the Office of the Inspector General is hereby established.

 

(b)              The Governing Board of the Office of the Inspector General shall have the powers and duties as provided in this Article.

 

(c)              The position of a member of the Governing Board of the Office of the Inspector General shall be deemed vacated:

 

(1)              Upon the expiration of his or her term, except that any member of the Governing Board serving an expired term may continue to serve until they are re-appointed or until a successor is appointed;

 

(2)              Upon the death of a member or the disability or incapacity of a member for more than 90 days;

 

(3)              Upon the written resignation of the member, tendered to the Board;

 

(4)              Upon removal of the member for good cause by a majority vote of the Board;

 

(d)              Members shall be prohibited from engaging in city electoral political activities and from

making campaign contributions to candidates in city elections during their terms as Board members. Violations of this subsection may be punished by removal from Board membership by a majority vote of the members.

 

(e)              Unless otherwise specified, the Governing Board of the Office of the Inspector General shall:

 

(1)              Elect a chair by majority vote of the serving members. Each chair will serve a one-year term and shall be eligible to serve as chair in successive years.

 

(2)              Elect a vice-chair to preside in the absence of the chair. The vice-chair will serve a one-year term and shall be eligible to serve as vice-chair in successive years.

 

(3)              The Governing Board of the Office of the Inspector General shall elect a secretary to provide administrative assistance to the Board.

 

(4)              Hold regular meetings at City Hall. Such meetings shall be televised. All meetings of the Board shall be conducted as required by the Georgia Open Meetings Act.

 

(5)              Conduct its business only with a quorum. A majority of the members of the Governing Board of the Inspector General, shall constitute a quorum. The affirmative vote of a majority of the members shall be required for the transaction of business, except as otherwise provided by this Article.  In no event shall a decision of the Board be voted upon by fewer than 6 members. 

 

(6)              The Governing Board of the Office of the Inspector General shall be free to contract for the services of a competent court reporter to take down statements, testimony and discussions at its meeting or to use in lieu thereof a competent person adept at shorthand reporting and/or mechanical transcribing devices, whichever method is from time to time desired by the Board, such services to be paid for by the city.

 

(f)              The city shall pay all administrative costs, including those specifically stipulated in this Article, pertaining to the operation of the Board.

 

(g)              No member of the Board present at a meeting of a quorum of the Governing Board of the Office of the Inspector General shall abstain from voting for any reason other than a publicly disclosed conflict of interest.

 

(h)              The Governing Board of the Office of the Inspector General may establish its own bylaws.  Except as otherwise provided in this Article, or as set forth in duly adopted bylaws, the meetings of the Governing Board of the Office of the Inspector General shall be governed by Robert's Rules of Order.

 

Section 8-103. - Functions of the Governing Board of the Office of the Inspector General; appeal hearings.

 

In addition to the functions described in this Article, the Governing Board of the Office of the Inspector General shall:

 

(a)              Hear all appeals that may be filed from any adverse decision issued by the Office of the Inspector General, or a motion to quash a subpoena issued by the Inspector General or the Ethics Officer, pursuant to this Article.  Appeals and motions to quash must be filed within 14 days of receipt of the adverse decision or the subpoena. In no way shall the ability to appeal an adverse decision of the Office of the Inspector General issued pursuant to this Article constitute the establishment of a property interest in any employee’s employment with the City.  Any such property interest shall only be established pursuant to Chapter 114. 

 

(b)  Subpoena; authority of Governing Board of the Office of the Inspector General.

 

(1) Issuance, contents, service. Whenever the attendance of any witness may be required before the Governing Board of the Office of the Inspector General to establish any fact in connection with any hearing which may be lawfully conducted by the Governing Board, the Governing Board is authorized to, by majority vote, issue a subpoena, directed to the witness, requiring the witness to personally be and appear at the time and place of the hearing conducted by the Board and to produce at that time and place any documentary evidence which, in the judgment of the Board, may be required. Such witness shall remain in attendance upon the hearing until excused therefrom. The subpoena shall bear teste in the name of the city, shall be signed by the presiding member of the Board. Service of a hearing subpoena issued by the Board in accordance with this subsection shall be had at least 24 hours before the time such witness is required to attend and to continue the attendance of the witness.

 

(2) Penalty for violation. If any person so summoned as set out in part (1) of subsection (b) of this section as a witness shall fail, neglect or refuse to attend the hearing or shall fail, neglect or refuse to produce any relevant documentary evidence or shall fail or refuse to take and subscribe to the required oath or affirmation or shall fail to answer any question lawfully propounded or shall fail to continue in attendance until excused by the Board, the person shall be cited to appear before the municipal court and, upon conviction, to a fine of up to $1,000.00 per violation and up to six months imprisonment.

 

(c)              During all hearings before the Board, formal legal rules of evidence shall not be strictly applied. Evidence may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The Board shall follow the Georgia rules of evidence regarding privileges.

 

(d)              Any decisions of the Governing Board of the Office of the Inspector General on an appeal or a motion to quash filed in accordance with this section shall be either to affirm or overturn the decision of the Office of the Inspector General, or either to quash or uphold the subpoena issued by the Inspector General or the Ethics Officer; and shall be issued in writing by the member of the Board presiding over the hearing, shall be issued in writing within 15 days from the close of the evidence. The Board shall use "the preponderance of the evidence" as the standard of proof for all decisions.  The decision shall be transmitted to the parties or their representatives. The Board’s decision shall be final, and there shall be no right to any additional administrative appeals.

 

(e)              Final decisions of the Board may be appealed via Certiorari to the Superior Court of Fulton County.

 

Section 8-104 - The Governing Board of the Office of the Inspector General; appointments; terms.

 

(a)              The Governing Board of the Office of the Inspector General shall consist of nine members, all of whom shall be known for their personal integrity. Nominees shall either be residents of the city, shall be employed within the city, or shall maintain business interests within the city.  It is further urged that the members of the Board shall reflect the diversity of the city with regard to race, color, creed, religion, gender, marital status, parental status, familial status, sexual orientation, national origin, gender identity, age and disability. At all times, at least three members shall be attorneys licensed to practice law in the State of Georgia.

 

(b)              Appointments to the Board shall be made by the mayor and city council, the governing authority of the City of Atlanta. Nominations may be made by the following organizations:

 

(1)              The Atlanta Bar Association may nominate one member, chosen from the attorney members of the association;

 

(2)              The Gate City Bar Association may nominate one member, chosen from the attorney members of the association;

 

(3)              The Atlanta Business League may nominate one member, chosen from the organizations that are members of the league, which member shall not be an attorney;

 

(4)              The Metro Atlanta Chamber of Commerce may nominate one member from the organizations that are members of the chamber, which member shall not be an attorney;

 

(5)              The Atlanta-Fulton County League of Women Voters may nominate one member, which member shall not be an attorney;

 

(6)              The Atlanta Planning Advisory Board may nominate one member, which member shall not be an attorney nor an officer of a neighborhood planning unit;

 

(7)              The seven major universities/colleges within the city (Georgia State University, Georgia Institute of Technology, Clark Atlanta University, Emory University, Morehouse College, Morris Brown College, and Spelman College) may collectively nominate one member;

 

(8)              The Association of Certified Fraud Examiners may nominate one member, chosen from the members of the association;

 

(9)              The Georgia Society of Certified Public Accountants may nominate one member, chosen from the members of the society, which member shall not be an attorney.

 

(c)              The members shall each serve for terms of three years. The members shall elect a chairperson from among the members, yearly

 

(d)               Appointees shall be subject to an education and employment background check, a criminal history check, and a check for past violations under the jurisdiction of the Office of the Inspector General.  Appointees shall execute all releases necessary for the department of personnel and human resources and the department of police to accomplish the same. If the appointee is determined to have committed a felony, the nomination shall be withdrawn.

 

Section 8-105. - Inspector General of the City of Atlanta.

 

(a)              Appointment; term; removal. There shall be an Inspector General of the City of Atlanta who shall be appointed for a term of five years by a vote of two-thirds of the members of the Governing Board of the Office of the Inspector General, subject to confirmation by a majority of the council and approval by the mayor.  The removal of the Inspector General before the expiration of the designated term shall be for cause by a vote of two-thirds of the members of the Governing Board.  

 

(b)              Qualifications. The Inspector General of the City of Atlanta shall, within eighteen months of the approval of their appointment, be an active member of the State Bar of Georgia in good standing and shall have at least ten years of experience in the active practice of law and at least five years of investigatory experience.

 

(c)              In addition to leading the Office of the Inspector General, the Inspector General of the City of Atlanta shall:

 

(1)              Serve as the director of the Inspector General/Compliance Division of the Office of the Inspector General; and shall, in accordance with this Article, be responsible for the administration and direction of the affairs and operations of the Inspector General/Compliance Division, and shall exercise general management and control thereof; and

 

(2)              Serve as the director of the Independent Procurement Review Division of the Office of the Inspector General; and shall, in accordance with this Article, be responsible for the administration and direction of the affairs and operations of the Independent Procurement Review Division, and shall exercise general management and control thereof; and

 

(3)              Be responsible for maintaining records of the Office of the Inspector General. 

 

(d)              The Inspector General of the City of Atlanta, as the head of the Office of the Inspector General, shall:

 

(1)              Be deemed to be the appointing authority within the context of Chapter 114 of the City of Atlanta Code of Ordinances, regarding actions concerning any of the deputies, assistants, employees and personnel assigned to the Inspector General / Compliance Division; and

 

(2)              Be deemed to be the appoint authority within the context of Chapter 114 of the City of Atlanta Code of Ordinances, regarding actions concerning any of the deputies, assistance, employees and personnel assigned to the Independent Procurement Review Division. 

 

(e)              Pursuant to Chapter 114 of the City of Atlanta Code of Ordinances and within the budget approval process and established personnel policies for all departments, neither the members of the council, the president of the council, nor the mayor shall in any manner attempt to influence or dictate the appointment or removal of any such officer or employee whom the Inspector General, or Ethics Officer are empowered to appoint.

 

(f)              The Inspector General the Ethics Officer, and any deputies, assistants, employees and personnel of the Office of the Inspector General shall be members of the unclassified service of the City and shall not engage in the private practice of law.

 

(g)              The Inspector General shall be responsible to the Governing Board of the Office of the Inspector General.

 

Section 8-106. - Compliance Division.

 

(a)              Jurisdiction. The Inspector General, as the director of the Compliance Division, shall have the non-exclusive jurisdiction to investigate and take appropriate action regarding:

(1)  The performance and financial operation of all departments, offices, boards, activities and agencies of the city as referred by the City Auditor upon determination that perceived deficiencies discovered during the City Auditor's official duties indicate the presence of waste, fraud, and or abuse;

(2)  Matters under the purview of Independent Procurement Review Division upon determination by the Inspector General that perceived deficiencies discovered during such review indicate the presence of waste, fraud or abuse;

(3)  Allegations of waste, fraud, or abuse by departments, offices, boards, activities and agencies of the city which the Inspector General determines independently to be appropriate supported by reasonable articulable suspicion, or properly referred, as outlined in this section; and

(4)  Allegations of violations of Chapter 2, Article X; of Chapter 3; or Chapter 114 of the City Code of Ordinances against the following classes of officials and employees:

a.  Elected officials;

b.  Employees appointed or hired directly by an elected official;

c.  Members of any city boards, authorities, commissions, etc. having city representation, whether created or appointed to by the city, and any employees thereof; and

d.  Hearing officers.

(b)  Duties and Responsibilities. The duties of the Inspector General as the director of the Compliance Division shall include, but not be limited to, the following:

(1)  Educating and training employees and officials in matters under the jurisdiction of the Compliance Division as approved by the Atlanta City Council pursuant to this Article;

(2)  Investigating allegations against and recommending specific disciplinary, punitive, or other adverse action, authorized by this division or chapter 114 of the City Code of Ordinances, to be taken against the classes of officials and employees specified in part (4) of subsection (a) of this section, and in accordance with this section;

(3)  Forwarding allegations, reports, and factual determinations regarding violations of laws, rules, regulations, and internal policies related to matters under the jurisdiction of the Compliance Division to the disciplinary/appointing authority of any officials or employees not specified in part (4) of subsection (a) section, for action in accordance with chapter 114 of the City of Atlanta Code of Ordinances;

(4)  Conducting investigations into matters under the jurisdiction of the Compliance Division referred by the Ethics Officer, the Mayor, the Atlanta City Council, and the City Auditor made in accordance with this Article;

(5)  Managing the complaint intake system; and monitoring, evaluating and acting upon information obtained therefrom which shall include, but shall not be limited to a city telephone number for the receipt of information about violations of matters under the jurisdiction of the Office of the Inspector General, or by an employee of the city pursuant to section 3-508 of the City Charter. Each complaint, as of the time it is reported, whether by telephone or otherwise, shall be deemed to be a separate pending investigation of a complaint against a public officer or employee as provided by the Georgia Open Records Act;

(6)  Urging compliance with laws, rules, regulations, and internal policies related to matters under the jurisdiction of the Compliance Division by investigating any failure to comply or any issues, including the furnishing of false or misleading information;

(7)  Notifying the subject of a report of the completion of an investigation into any alleged violation of a law, rule, regulation, or internal policy related to matters under the jurisdiction of the Compliance Division.

(8)  Reporting, as appropriate, suspected criminal violations of a law, rule, regulation, or internal policy related to a matter under the Compliance Division to the local, state or federal law enforcement agency with proper jurisdiction; and

(9)  Issuing reports which provide recommended standards of practice to the applicable departments, offices, and boards of city government following a determination by the City Auditor of deficiencies;

(10)  Filing with the Governing Board of the Office of the Inspector General, the Mayor, and the Council each January a written report describing the activities of the Compliance Division in carrying out its goals.

(c)  Training. The Inspector General as director of the Compliance Division shall include in an annual report filed with the Governing Board of the Office of the Inspector General, the mayor, and the council each January in accordance with this section, a determination of area(s) of greatest concern on which the Inspector General proposes to conduct training during the calendar year of the report for approval by the council.

Section 8-107 - Independent Procurement Review Division.

 

(a)              Jurisdiction. The Inspector General, as the director of the Independent Procurement Review Division, shall manage the function of Independent Procurement Review. The Review shall not opine regarding the procurement process but shall provide an Independent Procurement Review Report to the council that the contract file is complete or shall note areas of perceived deficiencies.

 

(b)              Duties and Responsibilities. The duties of the Inspector General as the director of the Independent Procurement Review Division shall include, but not be limited to, the following:

(1)              Performing independent reviews on solicitations of any value including retroactive procurements and emergency procurements; and

 

(2)              Observing all stages of the procurement process as provided in this Charter and the code.

 

(c)              The Inspector General and the Independent Procurement Review Division shall be provided all documents and resources by the chief procurement officer, or their designee, needed to complete any independent review.

 

(d)              The Inspector General, as the director of the Independent Procurement Review Division shall provide notice to Council of any extensions or cancellations of solicitations or discretionary reviews that they conduct.

 

(c)              Review of Contracts with an Aggregate Value of One Million Dollars ($1,000,000.00) or greater

 

(1)              For solicitations with an aggregate value of $1,000,000.00 or greater seeking council authorization pursuant to sections 2-1188, 2-1189, 2-1191, 2-1191.1, or 2-1193 of the City of Atlanta Code of Ordinances, the Independent Procurement Review Division shall review all procurement records, as provided in section 2-1108 of the City of Atlanta Code, and conduct a conflict verification of each proponent responding to solicitations.

 

(2)              Following the review conducted in accordance with this subsection, an Independent Procurement Review Report shall be issued which shall include the tracking of procurement procedures, based on known risks, from the inception of the solicitation to the end.

 

(3)              The Independent Procurement Review Report shall be included with all authorizing legislation recommending the awarding of a contract for all contracts seeking council authorization. The council shall not approve legislation for contracts as described in this subsection without first having received the complete Independent Procurement Review Report.

 

(4)              No contract subject to this section shall be awarded unless the review process set forth herein have been fully completed.

 

Section 8-108. - City Ethics Officer.

 

(a)              Appointment; qualifications; term; removal.  There is hereby created the City Ethics Officer and the Ethics Division of the Office of the Inspector General. 

 

(1)              The Ethics Officer must be an active member of the State Bar of Georgia or admitted to the bar in another jurisdiction with eligibility to the State Bar of Georgia through reciprocity or passage of the Georgia bar examination and be in good standing with five years’ experience in the practice of law. If the Ethics Officer is not an active member of the State Bar of Georgia on the date of hire, they shall seek and obtain admission within eighteen months of hire date. 

 

(2)              The Ethics Officer shall be appointed by a vote of two-thirds of the Governing Board of the Office of the Inspector General for a period of five (5) years, subject to confirmation by a majority of the council and approval by the mayor.  Removal of the Ethics Officer from office before the expiration of the designated term shall be for cause on a vote of two-thirds of the members of the Governing Board of the Office of the Inspector General.

 

(3)              The Ethics Officer shall not be subject to appointment or removal by the Inspector General and shall only be appointed or removed by the Governing Board of the Office of the Inspector General as provided in this section.

 

(b)              The Ethics Officer, as the director of the Ethics Division of the Office of the Inspector General shall be responsible for the administration and direction of the affairs and operations of the Ethics Division of the Office of the Inspector General; shall exercise general management and control of the Ethics Division of the Office of the Inspector General; and shall be deemed to be the appointing authority within the context of Chapter 114 of the City of Atlanta Code of Ordinances regarding actions concerning any of the deputies, assistants, employees and personnel assigned to the Ethics Division of the Office of the Inspector General.

 

(c)              The Ethics Officer shall be responsible to the Governing Board of the Office of the Inspector General.

 

Section 8-109. - Ethics Division.

 

(a)              The Ethics Officer, as the director of the Ethics Division of the Office of the Inspector General shall be charged with the following duties and responsibilities:

 

(1) Educating and training all city officials and employees to have an awareness and understanding of the mandate for and enforcement of ethical conduct and advising of the provisions of the code of ethics of the city;

 

(2) Advising officials and employees regarding disclosure statements and reviewing same to ensure full and complete financial reporting;

 

(3) Urging compliance with the code of ethics by investigating any failure to comply or investigating any related issues, including the furnishing of false or misleading information;

(4) Monitoring, evaluating and acting upon information obtained from the complaint intake system, or by an employee of the city pursuant to section 3-508 of the City Charter. Each complaint, as of the time it is reported, whether by telephone or otherwise, shall be deemed to be a separate pending investigation of a complaint against a public officer or employee as provided by the Georgia Open Records Act;

(5) Notifying the subject of a report of the completion of an investigation into any alleged violation of the ethics code.

 

(6) Promptly reporting, as appropriate, suspected criminal violations or suspected non-ethics related violations under the jurisdiction of the Office of the Inspector General to the Inspector General; and

 

(7) Filing with the Governing Board of the Office of the Inspector General, the mayor and the council each January a written report describing the activities of the Ethics Division  in carrying out the goals of the division and the code of ethics and reporting on the ethical health of the city.

 

(b)              The Ethics Officer shall render an ethics advisory opinion based upon a real or hypothetical set of circumstances, when requested in writing or verbally by anyone who is an official or employee of the city or a member of a board, council, committee or commission who is personally involved in a matter requiring interpretation of the ethics code. Any person requesting an opinion in accordance with this section who has made a full and complete disclosure of all relevant facts shall be entitled to rely on the opinion or finding of the Ethics Officer as a guide to the conduct of such person in the person's relations to and with the city. Compliance with a written opinion or finding of the Ethics Officer shall serve in mitigation in any proceedings against such person for violation of this division. Advisory opinions based upon current law shall be posted on the City’s website.

 

(c)              The Ethics Division shall have the authority to prescribe rules and regulations pursuant to this division to administer the financial disclosure process and to issue opinions under this division. The Ethics Division shall prescribe appropriate financial disclosure forms, instructions and methods of disclosure as required to comply with the requirements of disclosure of income and financial interests found at section 2-814.

 

SECTION 2: That Article 2, Chapter 6, Section 2-603 of the Charter of the City of Atlanta, Georgia, 1996 GA Laws p. 4469, et seq., adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965, OCGA § 36-35-1 et seq., shall be amended as follows so that it shall be read as follows (with permanent deletions in strikethrough font and permanent additions in underline font):

 

CHAPTER 6. - CITY AUDITOR

 

Section 2-603. - Powers and duties.

 

The City auditor and City auditor's office shall be charged with the following duties and responsibilities:

 

(1)  The conduct performance and financial audits of all departments, offices, boards, activities, and agencies of the city in order to independently determine whether:

 

a.  Activities and programs being implemented have been authorized by the council, state law, or applicable federal law or regulations and are being conducted and funds expended in compliance with applicable laws;

 

b.  The department, office, or agency is acquiring, managing, protecting, and using its resources, including public funds, personnel, property, equipment, and space, economically, efficiently, and effectively and in a manner consistent with the objectives intended by the authorizing entity or enabling legislation:

 

c.  The organization, programs, activities, functions, or policies are effective, including the identification of any causes of inefficiencies or uneconomical practices, such as inadequacies in management information systems, internal and administrative procedures, organization structure, use of resources, allocation of personnel, purchasing policies, and equipment;

 

d.  The desired result or benefits are being achieved;

 

e.  Financial and other reports are being provided that disclose fairly, accurately, and fully all information that is required by law, that is necessary to ascertain the nature and scope of programs and activities, and that is necessary to establish a proper basis for evaluating the results of programs and activities including the collection of, accounting for, and depositing of revenues and other resources;

 

f.  Management has established adequate operating and administrative procedures and practices, systems, or accounting internal control systems and internal management controls: and

 

g.  Indications of fraud, or abuse or illegal acts are present.

 

(2)  To submit at the beginning of each fiscal year an audit schedule to the Audit Committee for review and comment. The schedule shall include the departments, offices, boards, activities, subcontractors, and agencies subject to audit for the period. This schedule may be amended during the period after review by the Audit Committee. Additionally, the City auditor may initiate and conduct any other audits deemed necessary;

 

(3)  To submit an annual report to the council and mayor indicating audits completed, major findings, corrective actions taken by administrative managers, and significant findings which have not been fully addressed by management:

 

(4)  To perform such other duties and responsibilities as provided for by this Charter or ordinance.

 

(5)  The City auditor and the City auditor’s office shall not conduct investigations.  Where, during the conduct of an audit, conducted pursuant to this section, the City auditor determines there to be indications of the presence of fraud, abuse, or illegal acts, such determinations must be forwarded to the Office of the Inspector General for investigation in accordance with Article 8 of the City of Atlanta Charter.  To create the function of the Independent Procurement Review Office within the City auditor's office. The Office shall not opine regarding the procurement process, but shall provide an Independent Procurement Review Report to the council that the contract file is complete, or note areas of perceived deficiencies.

 

a.  General Responsibilities and Authorities of the Independent Procurement Review Office

(i)  Independent Procurement Review Officers shall perform independent reviews on solicitations of any value including retroactive procurements and emergency procurements.

 

(ii)  Independent Procurement Review Officers shall have the authority to observe all stages of the procurement process as provided in this Charter and the code.

 

(iii)  Independent Procurement Review Officers shall be provided all documents and resources by the chief procurement officer, or their designee, needed to complete any independent review.

 

(iv)  Independent Procurement Review Officers shall provide notice to Council of any extensions or cancellations of solicitations or discretionary reviews that they conduct.

 

b.  Review of Contracts with an Aggregate Value of One Million Dollars ($1,000,000.00) or Greater

 

(i)  For solicitations with an aggregate value of $1,000,000.00 or greater seeking council authorization pursuant to sections 2-1188, 2-1189, 2-1191, 2-1191.1, or 2-1193, an Independent Procurement Review Officer will be assigned to review all procurement records, as provided in section 2-1108, and conduct a conflict verification of each proponent responding to solicitations.

 

(ii)  The complete Independent Procurement Review Report shall include the tracking of procurement procedures, based on known risks, from the inception of the solicitation to the end.

 

(iii)  The Independent Procurement Review Report shall be included with all authorizing legislation recommending the awarding of a contract for all contracts seeking council authorization. The council shall not approve legislation for contracts as described in this subsection without first having received the complete Independent Procurement Review Report.

 

(iv)  No contract shall be awarded unless the review process set forth in this section has been fully completed.

 

SECTION 3: That Chapter 2, Article VII, Division 2, shall be amended so that the title of the Division shall be renamed as follows (with permanent deletions in strikethrough font):

 

DIVISION 2. - ETHICS AND INDEPENDENT COMPLIANCE/STANDARDS OF CONDUCT

 

SECTION 4: That Chapter 2, Article VII, Division 2, Sections 2-802 through 2-807, shall be amended so that they shall read as follows (with permanent deletions in strikethrough font and permanent additions in underline font):

 

Sec. 2-802. - Purpose.

 

It is the purpose of this division to:

 

(1)              Promote the objective of protecting the integrity of the government of the city by prohibiting

any official or employee from engaging in any business, employment or transactions, from

rendering services or from having contractual, financial, or personal interests, direct or indirect,

which are in conflict with or which would create the justifiable impression in the public of conflict

with the proper discharge of the official or employee's official duties or the best interest of the city

or which would tend to impair independence or objectivity of judgment or action in the

performance of official duties; and

 

(2)              Require disclosure of the assets and income of elected officials and certain employees so that

the public may review actual and potential conflicts of interest; and

 

(3)              Monitor contractors of the City of Atlanta for any conflicts of interest; and

 

(4)              Provide for an orderly and fair process for raising and addressing ethical questions and for

disciplining those officials and employees and other persons who violate these standards of

conduct; and

 

(5)              Reasonably ensure that the city, and its officials and employees are complying with all

applicable laws, rules and regulations, and internal policies and procedures; and

 

(6)              To provide and enforce standards of practice related to the performance and financial

operation of the city following allegations of waste, fraud and abuse.

 

Sec. 2-803. -  Reserved. Reporting violations.

 

Any person who witnesses or becomes aware of a violation of this division may complain of that violation as follows:

 

(1)              By appearing before a judge of the municipal court, the city solicitor or the solicitor's assistant and swearing out a complaint for the violation. Upon signing the complaint, under oath, a warrant may be issued by the municipal court for the accused to appear and answer the charges; or

 

(2)              By communicating with the Ethics officer    or the independent compliance officer. Where a complaint is communicated anonymously to the Ethics officer    or the independent compliance officer, such complaint shall be made in good faith, and with veracity and sufficient specificity so as to provide the Ethics officer    with salient and investigable facts. The Ethics officer    or independent compliance officer may require the anonymous complaint to be made in a manner and form that is intended only to obtain relevant facts related to the alleged violation of this division, and that is not designed to reveal the identity of the complainant; or

 

(3)              By filing a sworn written complaint with the ethics officer   , independent compliance officer, or the board of ethics and independent compliance, as described in this division. All written complaints to be considered by the board of ethics and independent compliance and the Ethics officer    or independent compliance officer shall contain the following if applicable:

 

a.              The name and address of the person or persons who file the complaint.

 

b.              The sworn verification and signature of the complainant.

 

c.              The name and address of the party or parties against whom the complaint is filed, and if such party is a candidate and the office being sought.

 

d.              A clear and concise statement of acts upon which the complaint is based along with an allegation that such facts constitute one or more violations of law under the jurisdiction of the board of ethics and independent compliance.

 

e.              A general reference to the statutory provision(s) of the Code within the jurisdiction of the board of ethics and independent compliance allegedly violated.

 

f.              Any further information which might support the allegations in the complaint including, but not limited to, the following:

 

1.              The name and address of all other persons who have firsthand knowledge of the facts alleged in the complaint; and

 

2.              Any documentary evidence that supports the facts alleged in the complaint.

 

(4)              Preliminary action on complaint. Upon receipt of a complaint whether by the Ethics officer    or independent compliance officer or by the board, the ethics officer   , the independent compliance officer, or the secretary of the board shall send a written notice to the subject of the complaint by the next business day. Both this notice and any subsequent documents are subject to the Georgia Open Records Act.

 

(5)              Defective complaint. Upon receipt of a written, non-anonymous complaint which does not conform to the applicable requirements of paragraph (3) of this section, the ethics officer   , or the independent compliance officer, shall by letter acknowledge receipt of the complaint and advise complainant of the defect in the complaint and that the complaint will not be considered by the board unless the defect is corrected.

 

Sec. 2-804. - Reserved. Board of ethics and independent compliance.

 

(a)              There is hereby continued in existence an independent board of ethics and independent

compliance to consist of nine members, all of whom shall be known for their personal integrity and all of whom shall be residents of, employed or maintain business interests within the City of Atlanta. It is further urged that the members of the board of ethics and independent compliance shall reflect the diversity of the city with regard to race, color, creed, religion, gender, marital status, parental status, familial status, sexual orientation, national origin, gender identity, age and disability. At all times, at least three members shall be attorneys licensed to practice law in the State of Georgia.

 

(b)              Appointments to the independent board of ethics and independent compliance shall be made

by the mayor and city council, the governing authority of the City of Atlanta. Nominations to the board may be made by the following organizations:

 

(1)              The Atlanta Bar Association may nominate one member, chosen from the attorney members of the association;

 

(2)              The Gate City Bar Association may nominate one member, chosen from the attorney members of the association;

 

(3)              The Atlanta Business League may nominate one member, chosen from the organizations that are members of the league, which member shall not be an attorney;

 

(4)              The Metro Atlanta Chamber of Commerce may nominate one member from the organizations that are members of the chamber, which member shall not be an attorney;

 

(5)              The Atlanta-Fulton County League of Women Voters may nominate one member, which member shall not be an attorney;

 

(6)              The Atlanta Planning Advisory Board may nominate one member, which member shall not be an attorney nor an officer of a neighborhood planning unit;

 

(7)              The seven major universities/colleges within the city (Georgia State University, Georgia Institute of Technology, Clark Atlanta University, Emory University, Morehouse College, Morris Brown College, and Spelman College) may collectively nominate one member;

 

(8)              The Association of Certified Fraud Examiners may nominate one member, chosen from the members of the association;

 

(9)              The Georgia Society of Certified Public Accountants may nominate one member, chosen from the members of the society, which member shall not be an attorney;

 

(c)              The members shall each serve for terms of three years; without compensation. The members

shall elect a chair and develop their own organization internally.

 

(d)              The position of a member of the board shall be deemed vacated:

 

(1)              Upon the expiration of his or her term;

 

(2)              Upon the death of a member or the disability or incapacity of a member for more than 90 days;

 

(3)              Upon the written resignation of the member, tendered to the board;

 

(4)              By the member ceasing to be a resident of the city; or

 

(5)              Upon removal of the member for good cause by a majority vote of the board;

 

(6)              Nominees for the board of ethics and independent compliance, the independent compliance officer, and the Ethics officer    shall be subject to an education and employment background check as well as a criminal history check Nominees shall execute all releases necessary for the department of personnel and human resources and the department of police to accomplish the same. If the nominee is determined to have committed a felony, the nomination shall be withdrawn.

 

(e)              Members shall be prohibited from engaging in city election political activities and from

making campaign contributions to candidates in city elections during their terms as board members. Violations of this subsection may be punished by removal from board membership by a majority vote of the members.

 

(f)              The board shall:

 

(1)              Elect a chair by majority vote of the serving members. Each chair will serve a one-year term and shall be eligible to serve as chair in successive years.

 

(2)              Elect a vice-chair to preside in the absence of the chair. The vice-chair will serve a one-year term and shall be eligible to serve as vice-chair in successive years.

 

(3)              Elect a secretary to provide administrative assistance to the board.

 

(4)              Hold regular monthly meetings at City Hall. Such meetings shall be televised. All meetings of the board shall be conducted as required by the Georgia Open Meetings Act.

 

(5)              Conduct its business only with a quorum. A majority opinion of the members sitting at any hearing shall govern as to decisions of the board. In no event shall a decision of the board be voted upon by fewer than four members.

 

(6)              Be free to contract for the services of a competent court reporter to take down statements, testimony and discussions at its meeting or to use in lieu thereof a competent person adept at shorthand reporting and/or mechanical transcribing devices, whichever method is from time to time desired by the board, such services to be paid for by the city.

 

(7)              Maintain all records in the office of the ethics officer   , or the office of the independent compliance officer, as required by the Georgia Open Records Act.

 

(8)              Report, as appropriate, suspected ethical and criminal violations to state or federal law enforcement agencies.

 

(9)              Notify the Ethics officer    or the independent compliance officer of any report of an alleged violation of the code of ethics or of matters under the jurisdiction of the independent compliance officer received by the board.

 

(10) Establish procedures to notify the subject of any report of an alleged violation of the code of ethics or of matters under the jurisdiction of the independent compliance officer as required by the Georgia Open Records Act.

 

(g)              The city shall pay all administrative costs, including those specifically stipulated in this

section, pertaining to the operation of the board.

 

(h)              The board shall have the authority to prescribe rules and regulations pursuant to this division

to administer the financial disclosure process and to issue opinions under this division. The board shall prescribe appropriate financial disclosure forms, instructions and methods of disclosure as required to comply with the requirements of disclosure of income and financial interests found at section 2-814.

 

(i)              Except as otherwise provided in this division, the meetings of the board will be governed by

Robert's Rules of Order.

 

(j)              The board shall render an ethics advisory opinion based upon a real or hypothetical set of

circumstances, when requested in writing by anyone who is an official or employee of the city or a member of a board, council, committee or commission who is personally involved in a matter requiring interpretation of the ethics code. Any person requesting an opinion in accordance with this section who has made a full and complete disclosure of all relevant facts shall be entitled to rely on the opinion or finding of the board as a guide to the conduct of such person in the person's relations to and with the city. Compliance with the opinion or finding of the board shall serve in mitigation in any proceedings against such person for violation of this division. Advisory opinions based upon current law shall be maintained as required by the Georgia Open Records Act.

 

(k)              The board shall have the authority to investigate any alleged violation of the code of ethics as

follows:

 

(1)              Upon a sworn written complaint by any person in a form prescribed by the board;

 

(2)              Upon the request of the ethics officer   ; or

 

(3)              Upon the determination by a majority of the board that any matter should be investigated.

 

(l)              The board shall have the authority to investigate any alleged violation under the jurisdiction

of the independent compliance officer as follows:

 

(1) Upon a sworn written complaint by any person in a form prescribed by the board:

 

(2) Upon the request of the independent compliance officer; or

 

(3) Upon the determination by a majority of the board that any matter should be investigated.

 

(m)              Upon request of the board, the city attorney, or any attorney representing the city attorney's

office, shall advise the board of ethics and independent compliance. Upon a finding by the board of a conflict under Rule 1.7 of the Georgia Rules of Professional Conduct by the city attorney regarding a matter, any attorney who shall be selected by a majority of the board shall advise the board of ethics and independent compliance on the matter which the board found the city attorney to be in conflict.

 

Sec. 2-805. Reserved. Ethics officer   .

 

(a)              There is hereby created as a full-time salaried position an Ethics officer    for the city. The city

Ethics officer    must be an active member of the the State Bar of Georgia or admitted to the bar in another jurisdiction with eligibility to the State Bar of Georgia through reciprocity or passage of the Georgia bar examination and be in good standing with five years experience in the practice of law. If the city Ethics officer    is not an active member of the State Bar of Georgia on the date of hire, he or she shall seek and obtain admission within 12 months of hire date. The Ethics officer    shall be appointed by a majority of the members of the board for a period of five years, subject to confirmation by a majority of the council and approval by the mayor. Removal of the Ethics officer    before the expiration of the designated term shall be for cause by a majority vote of the members of the board.

 

(b)              Reserved.

 

(c)              The Ethics officer    shall not engage in city election political activities and may not make

campaign contributions to candidates in city elections during their term. A violation of this subsection shall constitute cause for removal as described in this section.

 

(d)              The duties of the Ethics officer    shall include, but not be limited to, the following:

 

(1) Educating and training all city officials and employees to have an awareness and understanding of the mandate for and enforcement of ethical conduct and advising of the provisions of the code of ethics of the city;

 

(2)              Maintaining the records of the board as required by the Georgia Open Records Act;

 

(3)              Meeting with the board;

 

 

(4)              Advising officials and employees regarding disclosure statements and reviewing same to ensure full and complete financial reporting;

 

(5) Urging compliance with the code of ethics by calling to the attention of the board any failure to comply or any issues, including the furnishing of false or misleading information, that the Ethics officer    believes should be investigated by the board so that the board may take such action as it deems appropriate;

 

(6)              Monitoring, evaluating and acting upon information obtained from an "ethics hotline" which shall be a city telephone number for the receipt of information about ethical violations. Each complaint, as of the time it is reported, whether by telephone or otherwise, shall be deemed to be a separate pending investigation of a complaint against a public officer or employee as provided by the Georgia Open Records Act;

 

(7)              Notifying the subject of a report of any alleged violation of the ethics code, whether the report is anonymous, made by an identified individual or is written. Such notice shall be given in writing, by facsimile or hand delivery, to the subject of the complaint at the same time and in the same form that any disclosure of information is required by the Georgia Open Records Act;

 

(8)              Notifying the board of any report of an alleged violation of the ethics code received by the ethics officer   ;

 

(9)              Reporting, as appropriate, suspected ethical violations to the city board of ethics and independent compliance;

 

(10) Reporting, as appropriate, suspected criminal violations to state or federal law enforcement agencies; and

 

(11) Filing with the board, the mayor and the council each January a written report describing the activities of the Ethics officer    in carrying out the goals of his or her office and the code of ethics and reporting on the ethical health of the city.

 

Sec. 2-806. Reserved. Investigations and hearings.

 

The board shall conduct investigations into alleged violations of the ethics code and of matters under the jurisdiction of the independent compliance officer, hold hearings and issue decisions as prescribed below:

 

(1) The proceedings of the board and records shall be open unless otherwise permitted by state law.

 

(2)

a.              Preliminary investigation of complaint. The Ethics officer    or the independent compliance officer, shall conduct a preliminary investigation of any complaint and provide a written report to the board discussing the officer's findings and recommend to the board whether there is probable cause for belief that this division, or any matters under the jurisdiction of the independent compliance officer have been violated warranting a formal hearing.

 

b.              If the board determines after the preliminary investigation of a complaint that there does not exist probable cause for belief that this division has been violated, the board shall so notify the complainant and the subject of the investigation. If the board determines after a preliminary investigation of the complaint that there does exist probable cause for belief that this division, or any matters under the jurisdiction of the independent compliance officer have been violated, the board shall give notice to the person involved to attend a hearing to determine whether there has been such a violation.

 

(3)              For use in proceedings under this division, the board shall have the power to issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence. Any person who fails to respond to such subpoenas may be subjected to the penalties set forth in section 2-807 of this division.

 

(4)              All hearings of the board pursuant to this section shall be as follows:

 

a.              All testimony shall be under oath, which shall be administered by a member of the board. Any person who appears before the board shall have all of the due process rights, privileges and responsibilities of a witness appearing before the courts of this state. Any person whose name is mentioned during a proceeding of the board and who may be adversely affected thereby may appear personally before the board on such person's own behalf or may file a written sworn statement for incorporation into the record to be made part of all proceedings pursuant to this subsection.

 

b.              The board's decision shall be governed by a preponderance of the evidence standard.

 

c.              At the conclusion of proceedings concerning an alleged violation, the board shall immediately begin deliberations on the evidence and proceed to determine by a majority vote of members present whether there has been a violation of this division. The findings of the board concerning a violation and the record of the proceedings shall be made public by the board as soon as practicable after the determination has been made.

 

Sec. 2-807. Reserved. Violations; appeals.

 

(a)              Any intentional violation of this division, a matter under the jurisdiction of the independent

compliance officer, or the furnishing of false or misleading information to the board, the ethics officer   , the independent compliance officer, or the failure to follow an opinion rendered by the board or the failure to comply with a subpoena issued by the board pursuant to this division shall subject the violator to any one or more of the following:

(1)              Administrative sanction of not more than $1,000.00 assessed by the board;

 

(2)              Public reprimand by the board; and

 

(3)              Prosecution by the city solicitor in municipal court and, upon conviction, to a fine of up to $1,000.00 per violation and up to six months imprisonment, whether the official or employee is elected or appointed, paid or unpaid. Nothing in this section shall be interpreted to conflict with state law. An action for violation of this division or the furnishing of false or misleading information or the failure to comply with a subpoena issued by the board must be brought within two years after the violation is discovered.

 

(b)              With regard to violations by employees, in addition to the remedies in paragraph (a) the board

may recommend any one or more of the disciplinary actions set forth in section 114-502.

 

(c)              With regard to violations by persons other than officials or employees, in addition to the

remedies in paragraph (a) the board may recommend to the purchasing director any one or more of the following:

 

(1)              Suspension of a contractor; and

 

(2)              Disqualification or debarment from contracting or subcontracting with the city.

 

(d)              The decision of the board after a hearing shall be final; provided, however, that such

proceeding shall be subject to review by writ of certiorari to the superior court of the county. The board's designee shall be authorized to acknowledge service of any such writ and shall, within the time provided by law, certify and cause to be filed with the clerk of the superior court a record of the proceedings before the board, the decision of the board and the notice of the board's final actions.

 

(e)              The value of any gratuity transferred or received in breach of the provisions of this division

may be recovered from either the receiving official or employee or the person or entity providing the gratuity, for deposit in the City of Atlanta General Fund.

 

(f)              All violations of this division shall be prosecuted in accordance with chapter 62, article II,

division 2 of this Code.

 

SECTION 5: That Chapter 2, Article VII, Division 2, Section 2-810, Subsection (b), shall be amended so that it shall read as follows (with permanent deletions in strikethrough font and permanent additions in underline font):

 

Sec. 2-810. - Representation after separation from employment.

 

(b)  There shall be a presumption, subject to case-by-case review by the  Atlanta Board of Ethics

and Independent Compliance, the independent compliance officer, or the ethics officer   , that the appearance of a former official or employee of the city before any city agency on behalf of a public entity as defined in section 2-801 is not a violation of this section.

 

SECTION 6: That Chapter 2, Article VII, Division 2, Section 2-813, Subsection (b), shall be amended so that (19) thereof shall read as follows (with permanent deletions in strikethrough font and permanent additions in underline font):

 

(19)  Inspector General of the City of Atlanta, the Ethics Officer; City Ethics officer    and independent compliance officer;

 

SECTION 7: That Chapter 2, Article VII, Division 2, Section 2-814, Subsection (b), shall be amended so that (19) thereof shall read as follows (with permanent deletions in strikethrough font and permanent additions in underline font):

 

(19)  Inspector General of the City of Atlanta, Ethics officer, all employees of the Office of the Inspector General; City ethics officer   , associate ethics officer   , all employees of the ethics office, and City independent compliance officer, associate independent compliance officer, and all employees of the independent compliance office;

SECTION 8: That Chapter 2, Article VII, Division 2, Sections 2-823 and 2-824, shall be amended so that they shall read as follows (with permanent deletions in strikethrough font and permanent additions in underline font):

Sec. 2-823. - Reserved. Protection for reporting of violations.

Officials and employees are encouraged to report suspected ethical violations to the Ethics officer    or the independent compliance officer. No official or employee shall use or threaten to use any official authority or influence to discourage, restrain or interfere with any other person for the purpose of preventing such person from acting in good faith to report or otherwise bring to the attention of the board information relating to a violation or investigation under this division or under the jurisdiction of the independent compliance officer. No official or employee shall use or threaten to use any official authority or influence to effect any action as a reprisal against an official or employee who reports, initiates a complaint, or otherwise brings to the attention of the board of ethics information relating to a board investigation or a violation of this division or of a matter under the jurisdiction of the independent compliance officer.

Sec. 2-824. Reserved. Effective date and interim provisions.

The board members serving on February 1, 2019 are authorized to remain office through the conclusion of the terms to which they were appointed and to continue to discharge their official duties and responsibilities through such time as the new ethics and independent compliance board is constituted. The four additional members of the board of ethics and independent compliance who may be nominated and appointed pursuant to the amendments contained in 19-O-1038 shall, following their appointments serve for terms of three years. The appointments of members in accordance with 19-O-1038 shall in no way affect the terms of the members serving on February 1, 2019.

SECTION 9: That Chapter 2, Article VII, Division 2, Sections 2-823 and 2-824, shall be amended so that they shall read as follows (with permanent deletions in strikethrough font and permanent additions in underline font):

Sec. 2-826. - Reserved. Independent compliance officer/jurisdiction/training.

(a)  There is hereby created as a full-time salaried position an independent compliance officer for the city. The independent compliance officer must be an active member of the State Bar of Georgia or admitted to the bar in another jurisdiction with eligibility to the State Bar of Georgia through reciprocity or passage of the Georgia bar examination in good standing with at least five years' experience in the practice of law. The independent compliance officer shall be appointed by a majority of the members of the board of ethics and independent compliance for a period of five years, subject to confirmation by a majority of the council and approval by the mayor. Removal of the independent compliance officer before the expiration of the designated term shall be for cause by a majority vote of the members of the board of ethics and independent compliance.

(b)  The independent compliance officer shall not engage in city election political activities and may not make campaign contributions to candidates in city elections during their term. A violation of this subsection shall constitute cause for removal as described in this section.

(c)  Jurisdiction. The independent compliance officer shall have the non-exclusive jurisdiction to investigate and take appropriate action regarding:

(1)  The performance and financial operation of all departments, offices, boards, activities and agencies of the city as referred by the City auditor upon the City auditor's determination that perceived deficiencies discovered during the City auditor's official duties indicate the presence of waste, fraud, and or abuse;

(2)  Matters under the purview of independent Procurement Review as referred by the City auditor upon the City auditor's determination that perceived deficiencies discovered during such review indicate the presence of waste, fraud or abuse;

(3)  Allegations of waste, fraud, or abuse by departments, offices, boards, activities and agencies of the city the independent compliance officer determines independently to be appropriate, or properly referred as outlined in this section;

(4)  Allegations of violations of chapter 2, article X; of chapter 3; or chapter 114 of the City Code of Ordinances against the following classes of officials and employees:

a.  Elected officials;

b.  Employees appointed or hired directly by an elected official;

c.  Members of any city boards, authorities, commissions, etc. having city representation, whether created or appointed to by the city, and any employees thereof; and

d.  Hearing officers.

(d)  Duties and Responsibilities. The duties of the independent compliance officer shall include, but not be limited to, the following:

(1)  Educating and training employees and officials in matters under the jurisdiction of the independent compliance officer as approved by the Atlanta City Council pursuant to this division;

(2)  Maintaining applicable records of the board of ethics and independent compliance as required by the Georgia Open Records Act;

(3)  Meeting with the board of ethics and independent compliance;

(4)  Investigating allegations against and recommending specific disciplinary, punitive, or other adverse action, authorized by this division or chapter 114 of the City Code of Ordinances, to be taken against the classes of officials and employees specified in and in accordance with subsection (c) of this section;

(5)  Forwarding allegations, reports, and factual determinations regarding violations of laws, rules, regulations, and internal policies related to matters under the jurisdiction of the independent compliance officer to the disciplinary/appointing authority of any officials or employees not specified in subsection (c) of this section, for action in accordance with chapter 114 of the City of Atlanta Code of Ordinances;

(6)  Conducting investigations into matters under the jurisdiction of the independent compliance officer referred by the ethics officer   , the board of ethics and independent compliance, the mayor, the Atlanta City Council, and the City auditor;

(7)  Monitoring, evaluating and acting upon information obtained from an "independent compliance hotline" which shall be a city telephone number for the receipt of information about violations of matters under the jurisdiction of the independent compliance officer, or by an employee of the city pursuant to section 3-508 of the City Charter. Each complaint, as of the time it is reported, whether by telephone or otherwise, shall be deemed to be a separate pending investigation of a complaint against a public officer or employee as provided by the Georgia Open Records Act;

(8)  Urging compliance with laws, rules, regulations, and internal policies related to matters under the jurisdiction of the independent compliance officer by calling to the attention of the board of ethics and independent compliance any failure to comply or any issues, including the furnishing of false or misleading information, that the independent compliance officer believes should be investigated by the board so that the board may take such action as it deems appropriate;

(9)  Notifying the subject of a report of any alleged violation of a law, rule, regulation, or internal policy related to matters under the jurisdiction of the independent compliance officer, whether the report is anonymous, made by an identified individual or is written. Such notice shall be given in writing, by facsimile or hand delivery, to the subject of the complaint at the same time and in the same form that any disclosure of information is required by the Georgia Open Records Act;

(10)  Notifying the board of ethics and independent compliance of any report of an alleged violation of a law, rule, regulation, or internal policy related to a matter under the jurisdiction of the independent compliance officer received by the independent compliance officer;

(11)  Reporting, as appropriate, suspected violations of a law, rule, regulation, or internal policy related to a matter under the jurisdiction of the independent compliance officer to the board of ethics and independent compliance;

(12)  Reporting, as appropriate, suspected criminal violations to the local, state or federal law enforcement agency with proper jurisdiction; and

(13)  Reporting, as appropriate, suspected ethical violations of this division to the ethics officer   ;

(14)  Issuing reports which provide recommended standards of practice to the applicable departments, offices, and boards of city government following a determination by the City auditor of deficiencies;

(15)  Filing with the board of ethics and independent compliance, the mayor, and the council each January a written report describing the activities of the independent compliance officer in carrying out the goals of their office and those of the board.

(e)  Training. The independent compliance officer shall include in its annual report filed with the board of ethics and independent compliance, the mayor, and the council each January in accordance with this section, a determination of area(s) of greatest concern on which the independent compliance officer proposes to conduct training during the calendar year of the report for approval by the council.

SECTION 10: That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia 1996 Ga. L., et  seq. as amended, shall be filed in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia," attached hereto and marked Exhibit "A" and made a part of this ordinance, be published in the official organ of the county of the legal situs of the City of Atlanta or in a newspaper of general circulation in the City of Atlanta once a week for three weeks within a period of 60 days immediately preceding its final adoption, and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta.

 

SECTION 11: That the Chief Financial Officer is authorized to amend the Fiscal Year 2020 budget to create an appropriate fund, account and center number and to allocate appropriate funding for the creation of the Office of the Inspector General.

 

SECTION 12: That all ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict only.

 

SECTION 13: That the transfer of the Independent Procurement Review function and personnel assigned to the Independent Procurement Review Office from the City Auditor’s Office to the Office of the Inspector General pursuant to the amendments contained in this Ordinance shall become effective immediately upon the appointment of the Inspector General of the City of Atlanta.  All incumbent members of the Board of Ethics and Independent Compliance serving on the date of the approval of this Ordinance shall become members of the Governing Board of the Office of the Inspector General immediately upon approval of this Ordinance and are authorized to remain in office through the conclusion of the terms to which they were appointed.  The incumbent in the position of Ethics Officer, serving on the date of the approval of this Ordinance is authorized to remain in office through the conclusion of the term to which she was appointed.

 

SECTION 14: That except as otherwise provided herein, that the amendments in this Ordinance shall be effective immediately upon approval. 

 

SECTION 15: That the Municipal Clerk is instructed to retain all legislative history references in the codified version of the Charter of the City of Atlanta, Georgia and of Chapter 2 of the City of Atlanta Code of Ordinances, including Editor's notes, and shall not delete any such references, but shall amend them to include this ordinance.

 

 

 

 

 

 

 

 

 

 

 

 

 

Meeting History

Dec 2, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO FINANCE/EXECUTIVE COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Dec 11, 2019 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE ON SUBSTITUTE [UNANIMOUS]
MOVER:Howard Shook, Chair
SECONDER:Jennifer N. Ide, District 6
AYES:Howard Shook, Andrea L. Boone, Andre Dickens, Jennifer N. Ide, J. P. Matzigkeit, Matt Westmoreland
ABSENT:Natalyn Mosby Archibong
Jan 6, 2020 11:15 AM Video Committee on Council Regular Committee Meeting
draft Draft
Jan 6, 2020 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO FINANCE/EXECUTIVE COMMITTEE AND COMMITTEE ON COUNCIL BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

MEMBERS PRESENT: MATZIGKEIT, FAROKHI, OVERSTREET, IDE, BROWN & WINSLOW

RESULT:REFERRED TO COMMITTEE [13 TO 0]
MOVER:J. P. Matzigkeit, Councilmember, District 8
SECONDER:Matt Westmoreland, Councilmember, Post 2 At Large
AYES:Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Antonio Brown, Cleta Winslow, Jennifer N. Ide, Howard Shook, J. P. Matzigkeit, Dustin Hillis, Andrea L. Boone, Marci Collier Overstreet, Joyce M Sheperd
ABSENT:Natalyn Mosby Archibong
AWAY:Michael Julian Bond
Jan 15, 2020 1:30 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:Jennifer N. Ide, Chair
SECONDER:Matt Westmoreland, Post 2 At Large
AYES:Jennifer N. Ide, Matt Westmoreland, Andre Dickens, Natalyn Mosby Archibong, Howard Shook, J. P. Matzigkeit, Joyce M Sheperd
Jan 17, 2020 9:30 AM Video Finance/Executive Committee Special Call Meeting
draft Draft

Jabu Sengova

Amanda Noble

Amber Robinson

Charletta Wilson-Jacks

RESULT:FAVORABLE/SUB/AMENDED [3 TO 0]
MOVER:Jennifer N. Ide, Chair
SECONDER:Howard Shook, District 7
AYES:Jennifer N. Ide, Howard Shook, J. P. Matzigkeit
ABSTAIN:Matt Westmoreland, Andre Dickens, Natalyn Mosby Archibong
AWAY:Joyce M Sheperd
Jan 21, 2020 11:15 AM Video Committee on Council Regular Committee Meeting
draft Draft
RESULT:FORWARDED WITH NO RECOMMENDATI [6 TO 0]
MOVER:Jennifer N. Ide, District 6
SECONDER:Marci Collier Overstreet, District 11
AYES:J. P. Matzigkeit, Amir R Farokhi, Antonio Brown, Cleta Winslow, Jennifer N. Ide, Marci Collier Overstreet
ABSTAIN:Michael Julian Bond
Jan 21, 2020 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Chairperson Matzigkeit made a Motion to bring forth a Substitute. It was Seconded by Council Member Westmoreland and CARRIED by a roll call vote of 15 yeas; 0 nays. The Substitute was before Council. Following, Council Member Ide made a Motion to Adopt on Substitute. It was Seconded by Council Member Hillis and a discussion ensued, in which, Council Member Overstreet made a Motion to Enter Committee of the Whole to hear from the Administration. It was Seconded by Council Member Boone and the Motion CARRIED by a roll call vote of 15 yeas; 0 nays. Council entered Committee of the Whole. After questions were entertained by the Administration, a Motion to Exit Committee of the Whole was made by Council Member Westmoreland. It was Seconded by Council Member Hillis and CARRIED by a roll call vote of 15 yeas; 0 nays. Council then re-entered Regular Session.

ADOPTED ON SUBSTITUTE FOR SECOND READING/1ST ADOPTION-REFERRED TO FINANCE/EXECUTIVE COMMITTEE AND COMMITTEE ON COUNCIL BY A ROLL CALL VOTE OF 15 YEAS; 0 NAYS

MEMBERS PRESENT: MATZIGKEIT, BOND, FAROKHI, BROWN, WINSLOW, IDE & OVERSTREET

RESULT:REFERRED TO COMMITTEE [UNANIMOUS]
MOVER:J. P. Matzigkeit, Councilmember, District 8
SECONDER:Dustin Hillis, Councilmember, District 9
AYES:Michael Julian Bond, Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Antonio Brown, Cleta Winslow, Natalyn Mosby Archibong, Jennifer N. Ide, Howard Shook, J. P. Matzigkeit, Dustin Hillis, Andrea L. Boone, Marci Collier Overstreet, Joyce M Sheperd
Jan 29, 2020 2:30 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [UNANIMOUS]
MOVER:Joyce M Sheperd, District 12
SECONDER:Howard Shook, District 7
AYES:Jennifer N. Ide, Matt Westmoreland, Andre Dickens, Natalyn Mosby Archibong, Howard Shook, Joyce M Sheperd
ABSENT:J. P. Matzigkeit
Feb 3, 2020 11:15 AM Video Committee on Council Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [UNANIMOUS]
MOVER:J. P. Matzigkeit, Chair
SECONDER:Michael Julian Bond, Post 1 At Large
AYES:J. P. Matzigkeit, Michael Julian Bond, Amir R Farokhi, Antonio Brown, Jennifer N. Ide, Marci Collier Overstreet
ABSENT:Cleta Winslow
Feb 3, 2020 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS FOR 3RD READ/FINAL ADOPTION

Note: Council Member Ide made a Motion to send Ordinance (19-O-1729) to the Mayor's Office Post Haste with the implied request that the Mayor take immediate action regarding the item. It was Seconded by Council Member Westmoreland and CARRIED by a roll call vote of 14 yeas; 0 nays.

MEMBERS PRESENT: MATZIGKEIT, BOND, FAROKHI, BROWN, IDE & OVERSTREET

RESULT:ADOPTED ON SUBSTITUTE [UNANIMOUS]
MOVER:J. P. Matzigkeit, Councilmember, District 8
SECONDER:Matt Westmoreland, Councilmember, Post 2 At Large
AYES:Michael Julian Bond, Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Antonio Brown, Natalyn Mosby Archibong, Jennifer N. Ide, Howard Shook, J. P. Matzigkeit, Dustin Hillis, Andrea L. Boone, Marci Collier Overstreet, Joyce M Sheperd
ABSENT:Cleta Winslow