| Procedures for Filing Complaints or Requests for Advisory Opinions
Although informal inquiries regarding the possible lodging of complaints are welcome, formal complaints must be made in writing. The complaint must be addressed to the Chair of the Board of Ethics, and may be filed with the Clerk of the Governing Authority, Manuel Maloof Center, 1300 Commerce Drive, Decatur, Georgia 30030. The clerk will forward a copy of the complaint to the Chair of the Board of Ethics, who shall in turn forward copies to each of the Board members. Although the filing need not be in a specified format, a proposed form is available at this site for the use of a complaining party. (Complaint form)
A written complaint must be received by the clerk of the governing authority at least seven (7) days prior to a meeting of the Board of Ethics to be placed on the agenda for that meeting. If received within one week of a scheduled meeting, the complaint will be addressed at that meeting. If the complaint is received in the interim between quarterly meetings, the chair may schedule a called meeting at a time convenient for all parties to the complaint to address the matter.
An oral complaint may be received at any scheduled meeting of the Board of Ethics, but will not be acted upon at the same meeting at which it is introduced. An oral complaint must be reduced to writing and signed by the complainant in order for the Board to act upon it.
The Board of Ethics has the statutory duty to render an advisory opinion with respect to the interpretation and application of the Code of Ethics to all persons who seek advice as to whether a particular course of conduct would constitute a violation of the standards imposed by the Code of Ethics. The Board may also consider a request for an advisory opinion based upon hypothetical facts or circumstances. Advisory opinions of the Board are binding on the Board with regard to any subsequent complaint concerning the person who sought the opinion and acted in good faith based on that opinion, unless material facts were omitted or misstated in the request for the advisory opinion. Any person can request an advisory opinion concerning the interpretation and application not only of the Code of Ethics but also any other applicable ethical standards. A request for an advisory opinion must be in writing and signed by the requestor, and submitted in the same manner as a complaint. However, a request for an advisory opinion must be received at least ten (10) days in advance of a scheduled meeting to be considered at that meeting. |