Ethics Advice

City employees working remotely must comply with all organizational rules, policies, protocols, and procedures, including those governing the use of city property and outside employment.

City funds may be used to purchase gift cards to distribute for employee awards, employee recognition programs, as employee incentives, and for employee meals and refreshments, which are all permissible activities related to a public purpose or official city business.

The Ethics Code is designed to protect the integrity of city government by prohibiting city officials and employees from engaging in activities that could be construed as a conflict of interest. Specifically, the ethical standards prohibit officials and employees from participating in business activities, rendering services, or having contractual, financial or personal interests that conflict with an individual’s official duties or the City’s best interest. These standards also apply to situations that would create the appearance of a conflict of interest or impropriety to the public and impair the individual’s independence or objectivity in the performance of his or her official duties. It is often difficult for an official or employee to ascertain whether there may be a conflict or appearance issue in situations involving his or her spouse or domestic partner who is engaged or seeking to do business with the City. The Ethics Board seeks to provide clear guidance to officials and employees to avoid such situations.

The Code of Ethics seeks to protect the integrity of city government by prohibiting city officials and employees from engaging in conflicts of interest. Specifically, the ethical standards prohibit officials and employees from participating in business activities, rendering services, or 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. It is often difficult for an official or employee to see that there may be an appearance issue in regards to his or her actions or conduct even when there is no apparent conflict, and it is important for the Ethics Board and Ethics Officer to provide clear guidance to avoid any improprieties.

The City’s Standards of Conduct (Atlanta Ethics Code) in Section 2-810 addresses the issue of activities for which a former city employee can be compensated for a period of one year after leaving the City. Although the Board of Ethics has previously interpreted the language of the provision as imposing a very broad prohibition on activities which involve interaction with the City, the Board has determined that the current language of the Code does not support a broad prohibition, but instead indicates very specific instances when such activities are prohibited. Additionally, the Board is recommending that the Code provision be amended to specifically address subsequent employment with public entities with a presumption that public employment will not be prohibited, but should be examined on a case-by-case basis.

Section 2-814 of the Atlanta Code of Ethics provides that certain city officials (which include appointees to boards, commissions and task forces as defined by Section 2-801) and employees are required to file a financial disclosure statement every year that they are serving and in the year after they leave city service. The statement requires disclosure of income sources, real estate interests, business transactions with the City, and family members’ transactions with the City. As set forth by the Ethics Code, the Ethics Office has established a process to determine which officials and employees are required to file each year.

The City’s Standards of Conduct prohibits the City or an entity acting as its agent from requiring that passes, tickets or gratuities be paid to officials or employees in connection with the execution of or performance under a contract or a lease. Therefore, the subject contract language in the Tri-Party Memorandum of Understanding for a Succession Facility to the Georgia Dome violates the Atlanta Code of Ethics.