GeorgiaHB 7942025-2026 Regular SessionHouse

Clayton County; Board of Commissioners; code of ethics and board of ethics; revise and update provisions

Sponsored By: Eric Bell (Democrat), Rhonda Burnough (Democrat), Demetrius Douglas (Democrat), Robert Flournoy (Democrat), Yasmin Neal (Democrat), Sandra Scott (Democrat)

Signed by Governor

Intragovernmental CoordinationState and Local Governmental OperationsLocal Bill

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 1 costs, 4 mixed.

Clayton County limits insider business deals

Clayton County generally cannot buy services or property from its officials, employees, or businesses in which they hold interests. Exceptions cover bank deposits, borrowing at the lowest available interest rate, a sole available source, and documented emergencies. For emergency contracts, commissioners must explain the emergency in writing and keep the record on file. They must submit it to the ethics board at its next regular meeting. The county also cannot give favorable contracts or official treatment to people who left county service within the past two years. That two-year restriction also covers businesses those former officials or employees represent.

Clayton County adds ethics support staff

Clayton County must have an ethics officer and an administrator, each serving as an employee or contractor. The officer needs Georgia Bar membership in good standing and at least five years of legal practice. Appointment requires majority votes from the ethics board and commissioners, for a term of up to six years. The officer must live in the county within six months and remain a resident. Early removal requires cause and a majority ethics-board vote. The officer trains county workers, reviews disclosures, investigates complaints, and recommends whether enough evidence exists for a hearing. The officer also monitors the hotline, handles each complaint separately, participates in hearings, and reports suspected crimes. An annual written report on activities and county ethics is due the first Tuesday in February. The board selects the administrator, who serves at its pleasure, keeps records, and notifies the board and people accused. The administrator also presents complaints for review. Both staff members are barred from partisan or nonpartisan political activity and county political affairs.

Clayton County creates independent ethics oversight

The law creates an eight-member Clayton County ethics board, plus an alternate, with unpaid members and a four-member quorum. The grand jury appoints five members; the tax commissioner appoints three and the alternate. Initial selections were required by August 1, 2025, with service beginning September 1, 2025. Initial terms end in 2026, 2027, and 2028; regular terms last three years. Members may serve two consecutive terms, not counting initial terms, and vacancies go to the original appointing authority. Applicants need one year of county residency, continued residency, and expertise in ethics, finance, governance, or law. Eligibility rules bar recent county insiders, county interests within two years, and public-office candidacy or election within three years. Applicants face background checks; felony convictions and outstanding tax debts bar service. Applications are public, and no more than two initial grand-jury appointees may share a commission district. Commissioners must provide space, administrative support, and funding; the board can hire staff and professional help. The board proposes its budget with priority funding and independence comparable to sheriffs. Requests above $200,000 go through standard budget procedures, and commissioners may approve the extra funds. Each grand-jury term, the board must file sworn financial records for review, with written reasons and a chance to correct disapproval.

Clayton ethics complaints bring hearings and penalties

Residents, resident groups, and the ethics officer can file sworn written complaints with the ethics administrator; anonymous complaints are also accepted. Complaints must identify alleged violations and include supporting facts, documents, and affidavits that meet evidence requirements. A filer has 10 days after notice to correct and refile a complaint outside the board's authority. Such complaints must be dismissed within 30 days of filing unless a board majority extends the deadline. The officer investigates and recommends whether enough evidence exists to proceed; the board dismisses unsupported cases and notifies the parties. When the board finds probable cause, it holds a sworn hearing and can order witnesses and records to appear. Decisions use the more-likely-than-not evidence standard, state evidence rules, and due-process protections. Proceedings, findings, and records are public unless state law allows otherwise. Intentional violations, false or misleading information, ignored board opinions, or ignored subpoenas can bring penalties up to $1,000, public reprimands, or both. The board must refer possible crimes to law enforcement. For violators outside county government, it can recommend suspension, disqualification, or exclusion from county contracting or subcontracting. Hearing decisions are final at the board level, but a person can petition superior court for review.

County workers face stronger conflict rules

Clayton County officials and employees cannot use confidential information or their jobs for private gain or unwarranted privileges. The law also bars improper favoritism, incompatible outside work, conflicting private representation, and prohibited interests affected by county action. Gifts that could sway duties, or come from people affected by official decisions, are barred. Exceptions include occasional noncash gifts under $100, public-service awards, and ordinary-course loans on reasonable commercial terms from authorized lenders. Purchasing staff cannot accept gifts from people with past or reasonably expected business before their department. Other gifts to purchasing staff must be based solely on family ties or personal friendship. Workers must file sworn disclosures of interests that county actions may affect and request the ethics board's opinion. Known direct or indirect interests in county business must be disclosed to commissioners, the ethics officer, and the ethics board. Disclosures are public except for the interest's value; workers must step away from conflicting decisions, including those involving remote interests. The board must give advice on planned conduct and honor that advice in later complaints against the requesting worker. That protection requires good faith and a request that leaves out or misstates no important facts.

Sponsors & Cosponsors

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 213 • No: 0

Senate vote • 3/31/2025

LOCAL CONSENT CALENDAR

Yes: 49 • No: 0 • Other: 5

House vote • 3/27/2025

Local Calendar

Yes: 164 • No: 0 • Other: 12

Actions Timeline

House Date Signed by Governor
5/13/2025House
Act 232
5/13/2025
Effective Date
5/13/2025
House Sent to Governor
4/7/2025House
Senate Committee Favorably Reported
3/31/2025Senate
Senate Passed/Adopted
3/31/2025Senate
Senate Read and Referred
3/28/2025Senate
House Committee Favorably Reported
3/27/2025House
House Third Readers
3/27/2025House
House Passed/Adopted
3/27/2025House
House Second Readers
3/21/2025House
House First Readers
3/20/2025House
House Hopper
3/18/2025House

Bill Text

HB 794/AP* (v4)
PDF

Related Bills

Back to State Legislation