GeorgiaSB 3592025-2026 Regular SessionSenateWALLET

Henry County; Board of Commissioners; code of ethics; revise and restate provisions

Sponsored By: Gail Davenport (Democrat), Emanuel Jones (Democrat), Brian Strickland (Republican), Rick Williams (Republican)

Signed by Governor

Intragovernmental CoordinationState and Local Governmental OperationsLocal Bill

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 0 benefits, 6 costs, 3 mixed.

County workers must disclose financial conflicts

Covered Henry County officials and employees must disclose interests they have reason to believe county action may affect. They must file a sworn statement describing the interest's precise nature and value and request the ethics board's opinion. Known direct or indirect interests in county business must also be disclosed to commissioners, the ethics officer, and the ethics board. Disclosures are public, except for the stated value. Workers must step aside from conflicting matters and actions directly affecting businesses or activities in which they hold any interest, even a remote one.

Henry County commissioners face conduct limits

Henry County commissioners cannot give directives to employees who report to the county manager. They cannot threaten to fire employees or end county contracts to exert undue influence. The law also bars conduct unbecoming a commissioner.

Henry County ethics violations bring penalties

Intentional ethics violations, false or misleading information, ignored board opinions, and disobeyed subpoenas can bring administrative penalties. Those penalties include a fine up to $1,000 or a public reprimand. The Solicitor General may prosecute violations in county magistrate court; conviction can bring up to $1,000 per violation and six months in jail. The board may recommend suspending or barring contractors, agents, authorities, and other nonofficial violators from county contracting or subcontracting. Enforcement actions must start within two years after discovery; final hearing decisions are subject to review in Henry County Superior Court.

Henry County limits contracts with insiders

Henry County cannot make service or property contracts with officials, employees, or businesses in which they hold an interest. Exceptions cover bank depositories, loans at the lowest available interest rate, the only available supplier, and emergencies. Commissioners must record an emergency's reason, submit it at the ethics board's next regular meeting, and keep it on file. The law also generally bars county contracts or favorable official action involving people who worked for the county within the past two years. That restriction also covers businesses those former officials or employees represent.

Henry County workers face conflict limits

Covered Henry County officials and employees cannot act in ways that suggest improper influence or favoritism, including through family ties. They cannot use confidential county information for private gain or use their positions to get unwarranted privileges. They cannot represent themselves or advise or represent others before specified courts or government bodies about transactions subject to county action. They cannot take jobs or provide services that conflict with their county duties. They also cannot acquire interests in transactions they have reason to believe their own or another county worker's actions will affect.

Henry County workers face gift limits

Covered Henry County officials and employees cannot seek or accept valuables that could influence their duties or benefit affected donors. Exceptions cover occasional non-cash gifts worth less than $100, publicly presented public-service awards, and ordinary, commercially reasonable loans from Georgia-authorized institutions. Purchasing employees cannot accept gifts from anyone with past or reasonably expected business before their department. Gifts from other people are allowed only when based solely on family ties or personal friendship.

County residents get ethics complaint process

Henry County residents, resident groups, and the ethics officer can file sworn ethics complaints with supporting facts and documents. Anonymous reports go to the ethics administrator; employment matters have a separate human-resources path. The board hears complaints against elected and appointed officials, not county employees, human-resources matters, or internal department grievances. It issues disclosure forms and advisory opinions, which bind when the stated facts are accurate. Complaints outside its authority generally must be dismissed within 30 days, unless a majority extends that deadline. Filers have 10 days after notice to correct and refile them. Investigations or hearings must begin within two years of the alleged violation; candidate complaints filed within 60 days before an election wait until certification. Preliminary complaints and evidence remain confidential until probable cause is found, after which the board may hold hearings and require testimony and evidence. Decisions use majority votes and a more-likely-than-not evidence standard; findings and records become public after determination.

Henry County adds paid ethics staff

The law creates full-time, salaried ethics officer and administrator jobs; it sets no salary amounts. The Superior Court chief judge appoints the officer for up to six years, with early removal only for cause. The officer must be a Georgia lawyer in good standing with five years of practice experience. The officer must establish county residency within six months, remain a resident, and avoid partisan and nonpartisan political activity. The ethics board selects the administrator, who serves at its pleasure, keeps records, sends required notices, and avoids political activity. The officer trains workers, advises on disclosures, monitors the ethics hotline, and reports suspected ethics violations and crimes to the appropriate authorities. Written activity and ethics-health reports go to the ethics board and commissioners on the first Tuesday of each calendar quarter. Reports must reach state lawmakers representing Henry County by email within three business days of that due date.

Henry County creates independent ethics board

The law creates a five-member ethics board, selected by December 1, 2026, and taking office January 1, 2027. The Superior Court Clerk, Probate Court Judge, Sheriff, Tax Commissioner, and Solicitor General each appoint one member and may name an alternate. Members and alternates generally serve staggered three-year terms, with a two-consecutive-term limit excluding initial terms. Members must have at least one year of county residency, remain residents, and have expertise in ethics, finance, governance, or law. They cannot have county contract or official-action interests, county agency membership, or county employment or office within the preceding two years. They cannot have been candidates or elected officials in the preceding three years; filing for elective office means resignation. Education, employment, and criminal-history checks are required, and felony convictions disqualify nominees. Members serve without pay; the county must provide space, pay administrative costs, and prioritize the board's budget. Commissioners may approve requested funding above $200,000 through standard budget procedures, and the independent board remains subject to county administrative policies.

Sponsors & Cosponsors

Cosponsors

El-Mahdi Holly
Democrat • House

Roll Call Votes

All Roll Calls

Yes: 254 • No: 9

Senate vote • 4/3/2026

AGREE TO HOUSE SUBSTITUTE

Yes: 44 • No: 6 • Other: 5

House vote • 3/31/2026

Local Calendar

Yes: 161 • No: 3 • Other: 9

Senate vote • 3/31/2025

LOCAL CONSENT CALENDAR

Yes: 49 • No: 0 • Other: 5

Actions Timeline

Senate Date Signed by Governor
5/12/2026Senate
Act 623
5/12/2026
Effective Date
5/12/2026
Senate Sent to Governor
4/10/2026Senate
Senate Agreed House Amend or Sub
4/2/2026Senate
House Committee Favorably Reported By Substitute
3/31/2026House
House Third Readers
3/31/2026House
House Passed/Adopted By Substitute
3/31/2026House
House Committee Favorably Reported By Substitute
3/25/2026House
House Withdrawn, Recommitted
3/25/2026House
House Second Readers
4/2/2025House
Senate Committee Favorably Reported
3/31/2025Senate
Senate Passed/Adopted
3/31/2025Senate
House First Readers
3/31/2025House
Senate Read and Referred
3/27/2025Senate
Senate Hopper
3/25/2025Senate

Bill Text

SB 359/AP* (v10)
PDF

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