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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:esident of the bourd of aldermen,
any alderman or other officer or employee, elected or ap-
pointed, whether paid or unpaid, shall engage in any business
or transaction or shall have a financial or other private in-
terest, direct or indirect, which is in conflict with and ad-
verse to the proper discharge of his official duties and the
best interests of the city. (Ord. of 3-15-65, $ 1)
Sec. 2-252. Representing private interest before city agencies.
Neither the mayor, president of the board of aldermen,
any alderman or other officer or employee, elected or ap-
pointed, whose salary is paid in whole or in part from the city
treasury shall appear in behalf of private interests before any
agency of the city, including any committee of city govern-
ment, the Atlanta Housing Authority, any joint board if the
city is a participant, the board of education, or any other
agency in which the city is involved. Aldermen, however, ma,’
appear without compensation or remuneration of any kind in
behalf of constituents, or in the performance of public or civic
obligations. This section shall not prohibit appearances upon
matters only incidentally requiring official action which do
not develop into a substantjal part of the employment, pro-
vided that the retainer is not for the purpose of appearing
before any committee, authority, board or other agency of the
city, and provided further, that the compensation, in whol:
or in part, is not contingent or dependent upon the action of
such committee, authority, board or other agency. No person
serving the city without compensation shall appear, either
directly or indirectly, on behalf of private interests in matters
involving any committee, authority, bourd or other agency on
which he serves or before any other committee, authority,
*Editor’s note—Ord. of March 15, 1965, from which Art. III is de-
rived, did not expressly amend this Code, hence codification of §§ 1—13
as §§ 2-251—2-263 respectively, was at the discretion of the editors.
Italicized catch phrases were added to faciliate indexing and reference.
Cross references—Offices, officers and empliuyees, Ch. 21; fire de-
partment, § 12-26 et seq.; police department, Ch. 25.
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§ 2-255 ATLANTA CODE § 2-259
other agency of the city, shall publicly disclose on the official
record the nature and extent of such interest. (Ord. of 3-15-65,
§ 5)
Sec. 2-256. Gifts and favors.
Neither the mayor, the president of the board of aldermen,
any alderman or other officer or employee, elected or ap-
pointed, 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 whatsoever, in-
cluding, 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 the board of aldermen,
any alderman or other officer or employee, elected or ap-
pointed, whether paid or unpaid, shall disclose confidential
information concerning the property, governing operations,
policies or affairs of the city; nor shall he use such informa-
tion or any acquired in his official capacity to advance the
financial or other personal interest of himself or others in any
instance wherein the same would conflict with, and be adverse
to, the best interests of the city. (Ord. of 3-15-65, § 7)
Sec. 2-258. Investments in conflict with official duties.
Neither the mayor, the president of the board of aldermen,
any alderman or other officer or employee, elected or ap-
pointed, whether paid or unpaid, shall invest, or hold any in-
vestment directly or indirectly in any financial, business, com-
mercial or other private transaction, which creates a conflict
with and adversely affects his official duties to the detriment
of the city. (Ord. of 3-15-65, § 8)
Sec. 2-259. Incompatible employment.
Neither the mayor, the president of the board of aldermen,
any alderman or other officer or employee, elected or ap-
pointed, whether paid or unpaid, shall engage in or accept
private employment or render services for private interests
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§ 2-259 ADMINISTRATION § 2-262
when such employment or service is adverse to and incom-
patible with the proper discharge of his official duties. (Ord.
of 3-15-65, § 9)
Sec. 2-260. Private business conflicts.
Owning stock in, or being employed by, or having any con-
nection with or ownership in any business, company or con-
cern which does business with the city only through sealed
competitive biddiny 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 offi-
cers 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 be-
fore any committee, authority, board or other agency of the
city or receive compensation for any services rendered on be-
half of any person, firm, corporation or association in rela-
tion to any case, proceeding or application with respect to
which such person was directly concerned, or in which he per-
sonally participated during the period of. his service or em-
ployment, or which was under his active consideration or with
respect to which knowledge or information was made avail-
able to him during ‘he period of said service or employment.
(Ord. of 3-15-65, § 11)
Sec. 2-262. Board of ethics.
(a) Creation, 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 Bar Association and elected by the board
of aldermen;
(2) Four (4) to be 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 chair-
man and effect their own organization internally.
(b) Advisory opinions. The board shall render un advisory
opinion when requested by the mayor, the president of the
board of aldermen, member of the board of aldermen, or of-
ficer or employee, whether elected or appointed, paid or un-
paid, 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 person-
ally involved. Such advisory opinion shall be rendered pur-
suant 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, the 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
furnished as may be necessary from time to time so as to
present fully and completely all facts and other matter for re-
view by the board.
(c) Personnel, faciligies, meetings, records. The city shall
assign from existing clerical personnel all necessary clerical
assistance to the board of ethics, and shall provide and desig-
nate a place for meetings of the board. The board shall hold
private meetings at such times as it may desire, and a major-
ity of the members of the board shall constitute 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 board, in its judgment, shall
be free to contract for the serviccvs of a competent court re-
porter to take down statements, testimony and discussions at
its meetings, or to use in lieu thereof a competent person or
persons adept at shorthand reporting, 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 kept under lock
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§ 2-262 ADMINISTRATION § 2-262
in the office of the administrative assistant to the mayor. The
city shall pay all administrative costs, including those speci-
fically stipulated herein, pert::ining to the operation of the
board of ethics.
(d) Requests for opinions. he mayor, the president of the
board of aldermen, any alderm: n or other officer or employee,
elected or appointed, paid or u ipaid, may where any question
of conflict of interest or possible ethical violation exists, re-
quest in writing an opinion fro n the board of ethics.
(e) Increase of membership. The mayor and board of alder-
men may increase the number of the members of the board
of ethics if such becomes neces :ary in order to make the work
of the board more effective.
(f) Secrecy provisions. The hearings of the board of ethics
shall be held in private, but th: opinions of the board shall be
made available to the public t» examine and to the press to
publish with such deletions therefrom as may be necessary to
prevent disclosure of the identity of the mayor, the president
of the board of aldermen, an) alderman or other officer or
employee involved. Upon request of the board of ethics, the
city attorney or a representative of his office shall meet with
the board of ethics.
(g) Compliance ufith opinion. The mayor, the president of
the board of aldermen, any alderman or other officer or em-
ployee of the city, whether appointed or elected, paid or un-
paid, after a full and complete disclosure of all the facts, mat-
ter 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 relations to and with the city;
and compliance with the opinion of the board of ethics shall
serve in mitigation in any pr ceedings against such person
for violation of this article.
(h) Purpose of provisions. [t is the express intention of
this section, including all of i's subsections, and in the crea-
tion and function of the board of ethics hervin provided, that
the same serve as an advisory board for the benefit of those
people in government who ha‘ 2 a bona fide question regard-
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§ 2-262 ATLANTA CODI: § 2-263
ing a possible conflict between their governmental «luties and
their private, personal or financial inierests. It is not the in-
tention of this section, including all of its subsections, to
establish a secret board for the purpose of holding meetings
and/or investigations, or rendering opinions on any matter
or matters not specifically presented to said board in writing
as herein provided, but on the contrary, it is the express in-
tention 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 i:vowed intention in re-
quiring the board of ethics to hold private hearings and to
publish its opinions with such deletions as to names of parties
and other matters involved, so that those matters of private
interest and concern shall remain private and personal unless
and until such time as it is made to appear that such personal
and private interest is in conflict with government cuty to the
detriment of the public. (Ord. of 3-15-65, § 12)
Sec. 2-263. Penalties.
Any violation of this article, or the furnishing «f false or
misleading information to the board of ethics when seeking an
opinion from said board with the intent to mislead ind there-
by gain an opinion favorable to the person requ2sting the
same, shall subject the person committing such violation, or
furnishing such false or misleading information w th the in-
tent to mislead the board of ethics, to punishment as provided
for in section 1-9, and to impeachment or removal from office
for.cause, as the case may be, and upon conviction ‘hereof, to
removal from office, whether elected or appointed, paid or
unpaid. (Ord. of 3-15-65, § 13)
Editor’s note—The editors inserted reference to § 1-9 in lieu of refer-
ence 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 assis-
tance and cooperation as those authorities may be able to
give in the areas of the city within their respective juris-
diction. (Ord. No, 1967-74, § 1, 12-4-67)
Sec. 15-7. Inspection, compliance with code prerequisite to
utility services for substandard dwelling unit.
Utility services shall not be provided to any vacant dwell-
ing 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)
See. 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 available to the owner of the property or his author-
ized 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. 1967-74, § 1, 12-4-67)
é
Sec. 15-9. Inspection by disinterested employee; secrecy pro-
visions, 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 di-
rectly 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 regard-
ing 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 PROVISIONS § 1-9
“That section of the Code of Ordinances, City of Atlanta,
Georgia, is hereby amended to read as follows; ......._..’”’ 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, is
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 any person in the city to change or
amend by additions or deletions, any part or portion of this
Code, or to insert or delete pages, or portions thereof, or to
alter or tamper with such Code in any manner whatsoever
except by ordinance or resolution or other official act of the
mayor and council, which will cause the law of the City of
Atlanta, Georgia, to be misrepresented thereby. Any person
violating this section shall be punished as provided in sec-
tion 1-9.
é
Sec. 1-9. General penalty; continuing violations.
Whenever in this Code or in any ordinance of the city any
act is prohibited or is made or declared to be unlawful or an
offense, or whenever in such Code or ordinance the doing of
any act is required or the failure to do any act is declared
to be unlawful, where no specific penalty is provided there-
for, the violation of such provision of this Code or any such
ordinance shall be punished by a fine not to exceed five hun-
dred dollars ($500.00) and costs or imprisonment in the city
jail for not more than six (6) months, or work on the 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, sub-
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§ 1-9 ATLANTA CODE § 1-10
ject to all limitations contained in the charter of the city.
Each day any violation of this Code or 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 ordinance 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 pay the fine, § 19-43.
State law reference—Organization of public works camps by cities,
§ 69-205, Ga. Code Ann.
Sec. 1-10. Judgments and sentences to run consecutively.
All judgments and sentences imposed and ordered by the
judge of the Municipal Court shall run consecutively unless
otherwise specifically provided by the judge of such court
in such judgments and sentences.
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