Newsletter Q&A Review
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Volume 14, Issue 1 Summer 2020
The Scenario:
Mark is a non-essential city employee who has been mandated to work from home during the COVID-19 pandemic and normal city hours. He also has a second job as a rideshare driver. Due to the sudden increase in demand for food deliveries, the ride share company offers Mark more money to drive during the day for several hours.
Q: Can Mark drive for the rideshare company during the day?
Answer 1: Yes, Mark can drive during the day as long as he performs his city work at night.
Incorrect.
The Ethics Code prohibits city officials and employees from accepting private employment or rendering serves for private interests when the employment is adverse to and incompatible with the proper discharge of the official’s or employees’ official duties. Mark may not drive during the day and perform his city work at night because this would be incompatible with Mark completing his city duties during his assigned work shift. Mark’s first priority is to his city job and not the rideshare company.
Answer 2: Yes, Mark can drive during the day as long as he gets permission from his supervisor.
Incorrect.
The Ethics Code prohibits city officials and employees from using city property for personal gain or private advantage. City property includes city labor, services, equipment, records and time. In this case, even if Mark received permission from his supervisor, the Ethics Code would prevent him from doing so. He cannot drive for the rideshare company during his city hours to make more money. He can only do so after official city hours.
Answer 3: Yes, Mark can drive during the day if he does so during his lunch hour.
Probably not.
Mark could drive during the day his lunch hour, however, this situation presents a risk of interference with his ability to effectively to perform his city job. For example, Mark may not return to his city job on time or began to prioritize driving for the rideshare company over his city work. Mark would still need to inform his supervisor about this part-time work and possibly the Ethics Office.
Volume 13, Issue 1 Summer 2019
The Scenario:
Danielle is the receptionist in a small office at the 72 Marietta Street location. A long time vendor stops by the office and asks her on a date. He also offers her vouchers for discounted and free services at a spa that his sister owns in the city. Danielle is flattered but before responding she decides to send an email to the Ethics Office asking what she is allowed to do.
Q: Which of the following is the response Danielle should expect?
Answer 1: She may go on the date but may not keep the tickets.
Incorrect. The Ethics Code does not regulate friendships or personal relationship. It, however, regulates relationships between officials or employees and prohibited sources. Specifically, the ethical standards prohibit officials and employees from having contractual, financial, or personal interests that conflict with the individual’s official duties or the city’s best interest or would create the appearance of a conflict or impropriety to the public that would impair the individual’s independence or objectivity in the performance of his or her official duties.
In this case, although there may not be an actual conflict of interest, Danielle going on a date with the vendor who provides services to her office, runs the risk of creating an appearance of conflict or impropriety to the public that Danielle may not be independent or objective in the performance of her job duties related to the vendor or his activities.
Answer 2: She should not go on the date but may keep the tickets.
Incorrect. Ethics Code section 2-817 bans employees from receiving anything of value from a prohibited source and bans prohibited sources from giving anything of value to a city official or employee. In this case, Danielle is prohibited from accepting the vouchers because they are an item of value given to her by the vendor who provides services to the office she works in.
Answer 3: She should not go on the date or keep the tickets.
Correct. Danielle should not go on the date to avoid any appearance of conflict or impropriety issues and Code section 2-817 bans her from accepting the vouchers.
*Section 2-802 of the Code of Ethics governs the Appearance of Impropriety standard.
*Section 2-817 of the Code of Ethics governs the Prohibition on Giving or Receiving Gratuities.
View Code of Ethics
Volume 12, Issue 1 Winter 2018
The Scenario:
Eddie is a city employee. Alex works for a city contractor and routinely delivers office supplies to Eddie’s office. One day, Alex comes into the office and offers Eddie discounted tickets to the upcoming Atlanta United game at the Mercedes Benz stadium.
Q1: Can Eddie accept the tickets if he pays the discounted price for the tickets?
Answer 1: No. The Ethics Code prohibits city officials and employees from accepting free or discounted tickets, to any entertainment or athletic event if the ticket is only offered due to the official or employees position with the City. There is an exception if the official or employee is performing an official duty at the event.
To determine whether a ticket is offered because of the individual’s position, the code provision describes two presumptions. First, it is presumed that a ticket from a prohibited source is given due to an individual’s position with the city. Second, it is presumed that a ticket from an immediate family member or from a business for which the individual or an immediate family member works or serves as a board member is not given due to an individual’s position with the City.
In this case, Eddie will not be allowed to purchase the discounted tickets from Alex. First, Alex is considered a prohibited source because he works for a contractor who regularly delivers to Eddie’s office. Second, Alex is not an immediate family member of Eddie. Since Alex is a prohibited source and not Eddie’s immediate family member it will be presumed that the ticket was offered to Eddie due to his position with the City which is prohibited by the Code. If Eddie wants the tickets he will have to pay fair market value for them.
Q2: Can Eddie accept the tickets if he donates them to a charity?
Answer 2: No. Even if Eddie decides to donate the tickets to a charity, the Code would still prohibit Eddie from actually accepting the discounted tickets based upon the rule outlined in question one. The only way Eddie can receive the tickets is by paying the full fair market value.
Q3: Can Alex give the tickets to Eddie’s office instead of to him?
Answer 3: No. The Ethics Code provides an exception to the ban on gratuities where gifts may be accepted on behalf of the City when: (a) a city agency receives and controls the gift; (b) it is used for official city business; (c) the agency has sole discretion to determine who uses the gift; (4) and the gift is publicly disclosed on a Gift to the City report. However, in order to qualify as a “Gift to the City” the gift must be offered to all the employees of the department or city and distributed fairly without favoritism.
In this case, Alex could not donate the tickets to Eddie’s office because he is not offering an amount of tickets that can be fairly distributed to the employees of the office without any appearance of favoritism. If Alex were offering enough tickets to distribute department wide in an equitable manner, or at a discounted rate to all city employees, then the office could accept the tickets as a Gift to the City.
