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_. .., .-. \ _______ ___ ._._,_ § 2-249 ATLANTA CODE § 2-252 Secs. 2-249, 2-250. Reserved. -- / Article XIII. Code of Ethics~ Sec. 2-251. Conflicts of interest. Neither the mayor, the p , eside11t of t he board of ulderm •11, any alderman or other officer or emp loyee, elecle<l or appointed, whether paid or unpaid, sha ll engage in any busiuess or transaction or shall have a financi a l or other private interest, direct or indirect, which is in conflict wit h a nd adverse to the proper discha r ge of his of ficia l duti s and the best inter ests of the city. ( Ord. of 3-15-65, § 1) Sec. 2-252. Representing private interes t before city agencies . Neither t he mayor, president of t he boa rd of aldermen, a ny alderman or other off icer or employee, elected or a ppointed, w hose salar y is paid in whole or in pa r t from t he city treasury sha ll appear in beha lf of pri vate interest s befo re a ny agency of t he city, includi ng- any committee of city government, the At la nta Housing .Aut hority, a ny joint board if the city is a participant, t he board of ed ucatio n, 01· any other agency in which t he city is involved. Alder me n, howev r , ma.: appear w it hout compensation or r em uneration of a ny ki nd in behalf of constit uents, or in t he performa nce of p ublic or civic obligations. T his sect ion shall _not pr ohibit appea rances upon mat ters only incidenta lly r equir ing off icia l action which du not develop into a subst ant~l pa rt of the employment, provided t ha t t he ret a iner is not fo r t he purpose of appearing before any committee, a ut hority, board or other agency of t he cit y, and pr ovided fu rther , t hat the com pensa t ion, in wholi: or in part, is not contingent or dependent upon t he action of s uch committee, a uthor ity, board or ot her a gency. No person serving t he city without compensat ion sha ll appear , eit her di r ectly or indir ect ly, on beha lf of pri va te interests in matter s involving any comm ittee, aut hority, bot.rd or other a gency on which he serves or before a ny other committee, a uthority, _,, I
Editor's not e- Ord. of March 15, 1965, f rom which Art. III is derived, did not expressly amend this Code, hence codificat ion of ~~ 1- 13
a s §§ 2-251- 2-263 r espectively, was at the discretion of the editors.
I talicized cat ch phrases were added t o faciliate indexing a nd r eference.
Cross references- Offices, of fi cers and empl,,yees, Ch. 21; fire depart ment, § 12-26 et seq.; police department , Ch. ~5.
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§ 2-255
ATLANTA CODE
§ 2-259
other agency of the city, shall publicly disclose on the official
record the natu r e and extent of such interest. (Ord. of 3-15-65,
§ 5)
Sec. 2-256. Gifts and favors.
o
Neither the mayor, the president of the board of aldermen,
any alderman or other officer or employee, elected or appointed, whether paid or unpaid, shall accept any valuable
gift calculated to influence his vote or decision in any business
dealing with the city, in any form or forms what soever, including, but not limited to service, loan, thing or promise,
from any person. (Ord. of 3-15-65, § 6)
Sec. 2-257. Disclosure of confidential information.
Neither the mayor, the president of t he board of aldermen,
any alderman or other officer or employee, elected or appointed, whether pa id or unpaid, shall disclose confi dential
information concer ning the proper ty, governing operations,
policies or affairs of the city ; nor shall he use such information or any acquir ed in his official capacity to advance the
financial or other personal interest of hi mself or ot hers in any
instance wherein t he same would conflict with, and be a dverse
t o, the best interests of t he city . . (Ord. of 3-15-65, § 7)
Sec. 2-258. Investments in conllict with official duties.
Neit her the mayor, the president of the board of aldermen,
any alderman or other officer or employee, elected or appointed, whether paid or unpaid, shall invest, or hold any investment dir~ctly or indirectly in any financial, business, commercial or other private t ransaction, which cr eates a conflict
with and adversely affects his official duties to the detriment
of t he city. (Ord. of 3-15-65, § 8)
Sec. 2-259. Incompatible employment.
Neither the mayor, t he president of the board of aldermen,
any alderman or other officer or employee, elected or appointed, whether paid or unpaid, shall engage in or accept
private employment or render services for private interests
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§ 2-259
ADMINISTRATION
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§ 2-262
when such employment or service is adverse to and incompatible with the proper discharge of his official duties. (Ord.
of 3-15-6.5, § 9)
Sec. 2-2(-iO. Private business conflicts.
Owning stock in, or being employed by, or having any connection with or ownership in any business, company or concern which does business with the city only through sealed
competitive bidding where said bids are opened and the
awards are made at meetings open to the public, shall not be
.considered as doing business with the city so as to cause any
conflict of interest. (Ord. of 3-15-65, § 10)
Sec. 2-261. Appearances before city agencies of former officers or employees~
No person who has served as officer or employee, elected or
appointed, of the city shall within a period of six (6) months
after termination of such service or employment appear before any committee, authority, board or other agency of the
city or recei ve compensation for any services rendered on behalf of any person, firm, corporation or association in relation to any case, proceeding or application with respect to
which such person was directl y concerned, or in which he personally participated during the period of . his service or employment, or which 'fas under h is active consideration or with
respect to which k owledge or information was ma de availa ble to him du ring ~he period of said service or employment.
(Or d. of 3-15-65, § ll)
Sec. 2-2G2. lloard of et hi cs.
(a) C1·eation, membership. There is hereby created and
established a board of ethics to consist of five (5 ) members,
all of whom shall be residents of, and domiciled in , the city
and who shall be nominated and elected as follows :
( 1) One ( 1) member to be nominated by the president of
the Atlanta l:ar Association and elected by the board
of aldermen;
( 2) Four ( 4) to JJe nominated by the mayor and elected by
the board of aldermen.
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§ 2-262
ATLANTA CODE
§ 2-262
The members shall each serve for a term of four ( 4) years
without compensation, and the members shall elect a chairman and effect their own organization internally.
(b) Advisory opinions. The board shall render an advisory
opinion when requested by the mayor, the president of the
board of aldermen, member of the board of aldermen, or officer or employee, whether elected or appointed, paid or unpaid, with respect to the provisions of this article in which
said mayor, president of the board of aldermen, member of
the board of aldermen, or other officer or employee is personally involved. Such a dvisory opinion shall be rendered pursuant only to written request by the mayor, president of the
board of aldermen, member of the board of aldermen, or other
officer or employee concerned. At the time of making request,
and as a part of and contemporaneously therewith, t he person
requesting an opinion from the board shall set forth fully in
writing, sworn and subscribed to under oath, all facts and
other matter within the knowledge of said person relating in
any way to the issue about which he seeks an opinion, and
shall supplement only in writing such information initially
furn ished as may be necessary from time to time so as to
present fully and completely all facts and other matter for review by the board.
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(c) Personnel, faciliti,es, meetings, records. The city shall
assign from existing clerical personnel all necessary clerical
assistance to the board of ethics, an d shall provide and designate a place for meetings of the board. The board shall hold
private meetings at such times as it may des ire, and a majority of the members of the board shall constit ute a quorum
for the transaction of the business of the board . A majority
opinion of the members sitting at any hearing shall govern
as to decisions of the board. The oard, in its judgment, shall
be free to contract for the servic(!S of a competent court reporter to take down statements, t estimony and discussions at
its meetings, or to use in lieu thereof a competent person or
persons adept at shorthand re11orting, and/ or mechanical
transcribing devices, whichever method or methods desired by
the board, to be paid for by the city. All permanent records
of the board shall be confidential and shall be 1-ept under lock
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§ 2-262
ADMINISTRATION
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2-262
in the office of the administ rative assistant to t he mayor. The
city shall pay all administrati e cost s, including those specifically stipulated herein, pert.t ining to the operation of the
board of ethics.
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(d) R equests for opinions. The mayor, t he president of the
board of aldermen, any alderm: n or other officer or employee,
elect ed or appointed, paid or u 1paid, may where any question
of conflict of inter est or possible ethical violation exists, request in writing an opinion fro n the board of ethics.
(e) Increase of membership . The mayor and board of aldermen may incr ease the number of the members of the board
of ethics if such becomes neces mry in order to make the work
of t he board more effective.
(f ) S ecrecy provisions. The hearings of the board of ethics
shall be held in private, but th1 opinions of the board shall be
made available to t he public t J examine and t o the press to
publish with such deletions th refrom as may be necessary to
prevent disclosure of t he ident ity of t he mayor, the president
of the board of aldermen, an~ alderman or other officer or
employee involved. Upon requ est of t he board of ethics, t he
city attorney or a representath e of his office shall meet with
t he board of ethics.
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(g) Cornpliance il;ith opinion . The mayor, the president of
the board of aldermen, any alderman or other officer or employee of t he city, whether appointed or elected, paid or unpaid, after a fu ll and complete disclosure of all the facts, matter and circumstances, shall be entitled to rely on the opinion
of the board of ethics as herein established as a guide to the
conduct of such person in his r elations to and with the city;
and compliance with the opinion of the board of ethics shall
serve in mitigation in any pr 1ceedings against such person
for violation of this article.
(h) Purpose of provisions. It is the express intention of
this section, including all of i1; subsections, and in the creation and function of the board of ethics hen•in provided, that
the same serve as an advisory board for th, i benefit of those
people in government who ha, 3 a bona f ide question regards uvp. No. 1
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§ 2-262
ATLANTA
com:
§ 2-263
ing a possible conflict between their governmental duties and
their private, personal or financial interests. It is not the intention of this section, including all of its subsections, to
establish a secret board for the purpose of holding meetings
and/ or investigations, or rendering c,pinions on any matter
or matters not specifically presented t o said board in writing
as herein provided, but on the contra ry, it is the express intention of this section in the creation of the board of ethics
to make government better so that the public may benefit
therefrom, and at the same time to protect those people in
government who have a bona fide question of conflict; and
with this aim it is the express and avowed intention in requiring the board of ethics to hold J>rivate hearings and to
publish its opinions with such deletion s as to names of parties
and other matters involved, so that t hose matters ,if private
interest and concern shall remain priYate and personal unless
and until such time as it is made to appear that such personal
and private interest is in conflict with government c'l uty to the
detriment of the public. (Ord. of 3-15-65, § 12)
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Sec. 2-263. Penalties.
Any violation of this article, or the furni shing l f false or
misleading information to the board of ethics when i;eeking an
opinion from said board with 'the intent to mislead ..md thereby gain an opinion favoraple to the person r equ ~sting the
same, shall subject the person comm 1tting such vi )lation, or
furnishing such false or misleading i formation w th the intent to mislead the boar d of ethics, to punishment a 3 provided
for in section 1-9, and to impeachment or removal from offi ce
for. cause, as the case may be, and upon conviction ,hereof, to
removal from office, whether elected or appointe,l, paid or
unpaid. (Ord. of 3-15-65, § 13)
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E ditor's note--The editor s inser t ed r eference t o § 1-9 in lieu of reference to "the 1953 Code", inasmuch as § 1-9 is derived therefrom .
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§ 15-6
ATLANTA CODE
§ 15-9
health authorities of Fulton and DeKalb Counties such assistance and cooperation as those authorities may be able to
give in the areas of the city within their respective jurisdiction. ( Ord. No. 1967-74, § 1, 12-4-67)
Sec. 15-7. Inspection, compliance with code prerequisite to
utility services for substandard dwelling unit.
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Utility services shall not be provided to any vacant dwelling unit which is unfit for human habitation until such
dwelling unit has been brought into compliance with this
code. ( Ord. No. 1967-74, § 1, 12-4-67)
Sec. 15-8. Availability of reports, orders, recommendations.
After any order, report or recommendation has been made
by an official or employee of the city and is on file in their
respective department, such information shall upon request
be made availa ble to the owner of the property or his authorized agent, a prospective purchaser, the manager of the
property, the attorney for any of the foregoing, any attorney
for the examination of titles, and any official or employee of
the city for official purposes. (Ord. No. 1967-7~, § 1, 12-4-67)
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Sec. 15-9. Inspection by disinterested employee; secrecy provisions, information.
No official or employee of the city making inspection of
properties for the purpose of determining the necessity for
repairs or corrections shall have any financial interest directly or indirectly, in any repairs or corrections which may
be required, nor shall any such official or employee give to
any person, firm or corporation, other than those authorized
persons listed in section 15-8 above, any information regarding such repairs or corrections or the location or the names
of the owners of said properties. (Ord. No. 1967-74, § 1,
12-4-67)
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§ 1-7
GENERAL PROVISIO NS
§ 1-9
"That section ________ of the Code of Ordinances, City of Atlanta,
Georgia, is hereby amended to read as fo llows: _,______ ____ ." The
new provisions may then be set out in full as desired.
In the, event a new section not heretofore existing in the
Code is to be added, the following language may be used :
"That the Code of Ordinances, City of Atlanta, Georgia, i
hereby amended by adding a section ( or article or chapter)
to be numbered _----, which said section reads as follows: ... " . •
The new section may then be set out in full as desired. ·
All sections, articles, chapters or provisions desired to be.
repealed should be specifically repealed by section, article or
chapter number, as the case may be.
Sec. 1-8. Altering Code.
It shall be unlawful for a ny person in the city to change or
amend by additions or deletions, any part or portion of thi ·
Code, or to inser t or delete pages, or portions t hereof, or to
alter or tamper with such Code in any manner whatsoever
except by ordina nce or resolution or other official act of the
mayor a nd council, which w ill cause the law of the City of
Atlanta, Georgia, to be misrepresented thereby. Any person
violating this section shall be punished as provided in section 1-9.
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Sec. 1-9. General penalty; continuing violations.
Whenever in 1his Code or in any ordinance of the city any
act is prohibited or is made or declared to be unl awfu l or an
offense, or whenever in such Code or ordinance the doing of
any act is required or the fai lu re to do any act is declared
to be unlawful, where no specific penalty is provided therefor, the violation of such provision of this Code or any such
ordinance shall be punished by a fine not to exceed five hundred dollars ($500.00) and costs or imprisonment in the city
jail for not more than six (6 ) months, or work on th e public
streets or on public works of the city for not more than six (6)
months, or by any one or more of these punishments , sub7
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§ 1-9
ATLANTA CODE
§ 1-10
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ject to all limitations contained in the charter of the city.
Each day any violation of this Code r of any ordinance shall
continue shall constitute a separate offense.
In addition to· the penalties hereinabove provided, any
condition caused or permitted to exist in violation of any of
the provisions of this Code or any or dinance shall be deemed
a public nuisance, and may be abated by the city as provided
by law, and each day that such condition continues shall be
regarded as a new and separate offense. (Code 1953, § 1.11)
Charter references--Maximum punishment that may be prescribed,
§ 2.3.2; provisions as to the Municipal Court, operation thereof, § 5.1.1
et seq.
Cross reference--Provisions allowing persons credit for time served
in the city stockade where such persons, upon conviction for violation
of a city ordinance, are unable or fail to p ay the fine, § 19-43.
State law reference-Organization of p11blic works camps by cities,
§ 69-205, Ga. Code Ann.
Sec. 1-10. Judgments and "lentences to run consecutively.
All judgments and sentences imposed and ordered by the
judge of the Municipal C urt shall run consecutively unless
otherwise specifically provided by t he judge of such court
in such judgments and sen tences.
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