ATLANTA – State Representative Viola Davis (D-Stone Mountain) today announced that the Georgia House of Representatives gave final passage to House Bill 1243 on the last day of the 2020 legislative session on Friday, June 26. Rep. Davis, who was appointed chair of the DeKalb County House Ethics Committee, sponsored HB 1243, which would update codes for the DeKalb County Board of Ethics and will be placed on a local ballot as a referendum in November 2020.
“I made a promise to the whistleblowers and government watchdogs in DeKalb County to pass a strong ethics bill during my first term in office,” said Rep. Davis. “I have a special thank you for the co-chairs of the DeKalb County Legislative Delegation, State Representative Karla Drenner (D-Avondale Estates) and State Senator Emanuel Jones (D-Stone Mountain), for their tireless, hard work to ensure that this ethics bill would overcome the many barriers it encountered throughout the process. I appreciate the updates, patience and hard work of Sen. Jones and State Senator Elena Parent (D-Atlanta) as they made important corrections to the ethics bill in the Senate. I also want to thank all of the legislators in the House and Senate who supported this bill, because no one legislator can accomplish such a critical task without help of his or her colleagues.”
This legislation seeks to address the appointment process and terms of office for members of the DeKalb County Board of Ethics, which were challenged by Judge Asha Jackson in 2017. As a result, the board has remained dormant since August 2018 after the Supreme Court of Georgia ruled that the board was unconstitutional due to its members being appointed by non-elected entities.
“We eventually had to completely revamp the appointment process due to the violation of the law and an advisory decision,” added Rep. Davis. “However, thank you State Representative Matthew Wilson (D-Brookhaven) and the DeKalb County Board of Commissioners for adding the tax commissioner appointment process to the ethics legislation. I also want to thank State Representative Vernon Jones (D-Lithonia) for advocating for a recusal process. I also appreciate State Representative Renitta Shannon (D-Decatur) for recommending that we include alternate appointments to ensure quorums at all times. State Representative Doreen Carter (D- Lithonia) and Mr. Ed Williams also provided valuable insight for this legislation.”
HB 1243 would correct the appointment process by having three ethics board members appointed by the House members of the DeKalb County Legislative Delegation and three members appointed by the Senate members of the DeKalb County Legislative Delegation; one member would be appointed by the DeKalb County tax commissioner.
To address the issue of conflict of interest and the need for people to recuse themselves when a conflict exists, this legislation includes a section on conflict of interest and recusal to make sure investigations are fair and balanced. HB 1243 would also ensure a quorum in cases of conflict of interest and recusal. The bill’s sponsors included the appointment of two alternate members by the DeKalb County Superior Court Clerk. The alternates would ensure a quorum when members of the board are absent, have a conflict of interest or find it necessary to recuse themselves or while a vacancy exists on the board.
This legislation would also keep a full-time ethics officer, who is also a member of the Georgia Bar Association; the ethics officer would train officials and employees on ethical conduct, and this officer would conduct an investigation after the ruling of the DeKalb County Board of Ethics. HB 1243 would also add a full-time ethics administrator position to receive complaints, maintain records of the board and notify the board of complaints received.
HB 1243 would address the issue of malfeasance, wrongdoing and alleged corruption by updating language regarding receiving gifts, especially within the Department of Purchasing and Contracting. Finally, this bill would add the referendum to the ethics legislation to be consistent with the practice of allowing the public to vote on the ethics legislation.
For more information on House Bill 1243, please click here.
Representative Viola Davis represents the citizens of District 87, which includes portions of DeKalb County. He was elected to the House of Representatives in 2018 and currently serves on the Insurance, Interstate Cooperation and Science & Technology committees.
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