A GUIDE TO SENATE BILL 349:
IMPLEMENTING REQUIRED CHANGES
EFFECTIVE APRIL 16, 2014
Table of Contents
Sect.
Contents
Page
Table of Contents
1
List of Tables
2
A.
Purpose of the Guide
3
B.
Legislative History
4
C.
Summary of Changes Resulting from Senate Bill 349
5
D.
Governing Board Composition
11
1.
2.
Alternate Forms of Membership and Governance
Types of Members
11
11
(a)
(b)
(c)
11
17
18
3.
4.
5.
E.
Initial Members
Optional Member
Members Who Are Elected or Appointed Officials
Member Diversity
Persons Ineligible to Serve on a CSB Governing Board
Transitioning of Board Membership from FY 2014 to FY 2015 and
Beyond
20
20
21
Changes Affecting Executive Directors and Employees
24
1.
2.
3.
24
24
25
Selection and Compensation of Executive Director
Code of Ethics for Employees
Template for Code of Ethics for Employees
F.
Ethical Behavior of Governing Board Members
27
G.
Required Actions by Governing Boards of Community Service Boards
28
H.
Enhanced Powers of the Department of Behavioral Health and
Developmental Disabilities
30
APPENDIX: OGCA §§§ 45-10-3; 45-10-21; and 45-10-25
1
31
List of Tables
Table
Title
Page
1.
Comparison of the Provisions of OCGA Title 37 Relating to
Community Service Boards Before and After Enactment of SB 349
5
2.
Community Service Board Areas Where County Population
Increments of 50,000 or a Portion Thereof Determines the Number of
Board Members and the Number of Elected or Appointed Officials
Added to the Board Membership
12
3.
Community Service Board Areas Reducing the Number of Board
Members and the Number of Elected or Appointed Officials Added to
the Board Membership
14
4.
Community Service Board Areas Where the Number of Board
Members is the Same as the Number of Counties in the Area and the
Number of Elected or Appointed Officials Added to the Board
Membership
15
5.
Community Service Boards Serving one County with Insufficient
Population to yield Seven Members and the Number of Elected or
Appointed Officials Added to the Board Membership
16
6.
Community Service Boards Serving One County with a Population
that yields More than Nine Members and the Number of Elected or
Appointed Officials Added to the Board Membership
17
7.
Converting a Thirteen Member CSB Governing Board to a Nine
Member Board Over Three State Fiscal Years
22
8.
Population Diversity Characteristics in Index Community Service
Board Area Before and Upon Completion of Board Membership
Transition
23
2
A. PURPOSE OF THE GUIDE
This guide is made available by the Georgia Association of Community Service Boards
to assist governing board members and executive directors of the Association’s member
community service boards in assessing the impact of Senate Bill 349 on the membership
of their governing boards and the powers, authority, duties and functions of their
community service boards. A copy of Senate Bill 349 as passed by the General
Assembly and signed into law by Governor Nathan Deal can be found at the following
link: http://www.legis.ga.gov/Legislation/20132014/139934.pdf.
The viewpoints expressed in this Guide are not meant as a substitute for a careful reading
of Senate Bill 349 by each governing board member and executive director of a
community service board. More importantly, the Guide is not meant as a substitute for
the advice and guidance offered by legal counsel to a community service board.
3
B. LEGISLATIVE HISTORY
Prior to July 1, 1994, the programs and services of community service boards were
organized as area mental health, mental retardation, and substance abuse programs of
county boards of health. House Bill 100, enacted into law by the General Assembly in
1993, recreated these area programs as community service boards, independent public
agencies in their own right, effective July 1, 1994.
In 2002, House Bill 498 was enacted into law. This legislation recreated community
service boards as public corporations and instrumentalities of the State of Georgia, an
action that clarified the legal status of community service boards. The legislation also
expanded the powers of community service boards related to their business functions.
In 2006, House Bill 1223 was enacted into law. This legislation addressed the problem
of board membership size resulting from population increases reflected in each
succeeding United States decennial census. The bill also addressed concerns raised about
the operations of community service boards in recent reports of the state Department of
Audits and Accounts. The legislation also amended certain powers of community service
boards to permit competition with the private sector in a fee-for-service and managed
care environment.
In 2014, Senate Bill 349 was enacted into law. This legislation modifies the composition
of the membership of the governing board of a community service board by adding
elected or appointed officials. The legislation strengthens conflict of interest prohibitions
and provides for a code of ethics for governing board members, the executive director,
and employees. The legislation provides for the Commissioner of Behavioral Health and
Developmental Disabilities to approve the hiring of a community service board executive
director and the compensation offered, and to approve any later subsequent substantial
change to the compensation. The commissioner is required to review executive director
compensation plans every five years. The commissioner is provided with the authority to
approve any nonprofit entity formed or created by a community service board. The
legislation requires a community service board to include in its annual audit any
information or procedures requested by the Department of Behavioral Health and
Developmental Disabilities.
February 4, 2014
February 11, 2014
February 18, 2014
February 19, 2014
March 5, 2014
March 10, 2014
April 16, 2014
Senate Bill 349 introduced and assigned to Senate Health and Human Services Committee
Bill favorably reported by committee substitute by the Senate Health and Human Services Committee
Bill adopted by the Senate
Bill assigned to the House Government Affairs Committee
Bill favorably reported by the House Governmental Affairs Committee
House adopts Senate Bill 349
Governor signs Senate Bill 349 into law (becomes GA Laws 2014, Act No. 84 )
SENATE BILL 349 BECAME EFFECTIVE UPON THE SIGNATURE OF
GOVERNOR NATHAN DEAL ON APRIL 16, 2014.
4
C. SUMMARY OF CHANGES RESULTING FROM SENATE 349
Table 1 below provides a summary of all of the major changes to Title 37 of the Official
Code of Georgia (OCGA) made in Senate Bill 349.
Table 1. Comparison of the Provisions of OCGA Title 37 Relating to Community Service
Boards Before and After Enactment of SB 349.
No.
OCGA Provision
Code Before SB 349
Code After SB 349
SB 349
Line
No.
Provides DBHDD with authority to
contract for services with CSBs and
other entities.
Power to contract includes
“performance based contracts which
may include financial incentives or
consequences based on the results
achieved by a contractor as measured
by output, quality, or outcome
measures.”
42
1
37-1-20(5)
2
37-1-20(25)
New paragraph (25) provided
DBHDD with power to establish
“policies and procedures governing
fiscal standards and practices of
community service boards and their
respective governing boards.”
131
3
37-2-2(5)
New paragraph (5) provides a
definition of “governing board” as the
governing board of a community
service board.
150
4
37-2-3(b)
Permits DBHDD to redesignate two
or more contiguous CSB areas into a
single CSB area.
Removes the “contiguous”
requirement, and makes clarifying
modifications to language relating to
two or more CSBs requesting their
CSB areas be merged.
174
5
37-2-3I
Requires boundaries of regional
planning boards and offices and
boundaries of CSB area not conflict
with public health districts and state
planning districts for health
services.
Removes language prohibiting
regional and CSB area boundaries not
conflict with public health or state
health planning districts.
187
6
37-2(6)(b)(1)(B)(i)
In CSB areas with 13 or fewer
counties, the number of members of
a CSB governing board is set at 13.
In CSB areas with 9 or fewer counties,
the number of members of a CSB
governing board is set at 9.
234
7
37-2-6(b)(1)(B)(ii)
In CSB areas with more than 13
counties, the number of members of
a CSB governing board is set at a
number equal to the number of
counties in the CSB area.
In CSB areas with more than 9
counties, the number of members of a
CSB governing board is set at a
number equal to the number of
counties in the CSB area.
244
5
8
37-2-6(b)(1)(B)
A county governing authority “shall
appoint at least one of its
appointments . . . a child
psychiatrist, a child psychologist . .
.”
Remove the requirement that a
psychiatrist or psychologist be a child
psychiatrist or child psychologist and
adds language including “or other
behavioral health or developmental
disabilities professional; law
enforcement officer; . . . “
250
9
37-2-6(b)(2)
A CSB may appoint up to 3
additional governing board
members to address variations in
county population size and financial
contributions to the CSB. The term
of office of these optional members
shall be the same as the term of
office of other board members. The
CEO or another elected member of a
county governing authority could be
appointed to one or more of the
optional positions serving a term of
office concurrent with the elected
term of office
A CSB may appoint 1 additional
governing board member to address
variations in county population size
and financial contributions to the
CSB. The term of office of the
optional member shall be the same as
the term of office of other board
members. Removes the option to
appoint the CEO or another elected
member of a county governing
authority to the one optional positions
258
10
37-2-6(b)(3)
Each CSB governing board shall have
a number of elected or appointed
officials as members of the governing
board equal to 33 percent (rounded to
the next whole number) of the number
of members appointed pursuant to
OCGA 37-2-6(b)(1). The bill
provides a list of such officials
beginning on line 319. No official
appointed shall continue serve on the
CSB governing board once out of
elective or appointive office.
275
One appointment is made by the
governing authority of each county
arranged in descending order from
those making the largest cash or inkind contribution to the CSB to the
least in the county fiscal year prior to
the appointment.. If the number of
county governing authorities is
insufficient to reach the required
number of appointments, the
remaining appointments are made by
the governing authorities of the
counties arranged in descending order
based on the 2010 Census population
from the highest to the lowest.
“In-kind financial contribution” means
the most current dollar value of
facilities, vehicles, or equipment
provided by the county for use by the
CSB.
6
11
37-2-6(b)(4)
In 2006, when the statute was last
revised there was a provision for a
CSB to revise its bylaws to provide
for current members on boards
reducing the number of members to
serve out their terms of office before
a board member position could be
eliminate to meet the new required
number of memberships.
Beginning with July 1, 2014, the same
provisions exist to permit current
members on boards reducing the
number of members to serve out their
terms of office before a board member
position could be eliminated to meet
the new required number of
memberships.
12
37-2-6(b)(5)(ii)
Prohibited an employee or board
member of a public or private entity
that contracts with the Department
of Behavioral Health and
Developmental Disabilities,
Department of Human Services
(DHS), the Department of Public
Health (DPH), or the Department of
Community Health (DCH) to
provide MH/DD/AD or health
services within the region from
serving as a member of a CSB
governing board.
Removes the prohibition against
employees or board member of
entities that contract with DHS, DPH,
or DCH. Removes “health services”
and changes “region” to “the
community service board area served
by that community service board.”
381
13
37-2-6(b)(5)(iv)
Prohibits a former employee of a CSB
from serving on the governing board
of that CSB until 2 years have passed
since the time such person was
employed by that CSB.
389
14
37-2-6(b.1)
Provides that a county governing
authority may appoint the school
superintendent, a member of the
county board of health, a member of
the board of education, or any other
elected or appointed official
provided the appointment does not
violate Chapter 10 of Title 45,
related to conflicts of interest.
Removes the school superintendent, a
member of the board of education, or
any other elected or appointed official
in that these officials are now to be
appointed under the provision related
to elected or appointed officials.
15
37-2-6(i)
Provides that no CSB governing
board serving a CSB area with only
one county shall have less than 6 or
more than 13 members, not
including the one optional member
or the elected or appointed official
added to the board.
Changes the minimum number to 7
and the maximum number to 9. (This
provision only affects the Clayton
CSB and the DeKalb CSB.)
523
16
37-2-6(j)
This subsection relates to protection
of CSB employees who are
whistleblowers and report fraud,
waste, and abuse.
Adds CSB governing board members
to persons who cannot take action
against a whistleblower
530
17
37-2-6(k)
This subsection provides for
removal of a CSB member who fails
to complete training required by
DBHDD.
Clarifies “member” as meaning
“governing board member.” The
removal power here may not be
applicable when the membership of a
CSB governing board is the
membership of a county board of
health.
541
7
349
407
18
37-2-6(n)
New subsection requiring CSB
governing board members to comply
with state code of ethics found in
OCGA 45-10-3. CSB is required to
revise its bylaws to comply with this
new subsection.
559
19
37-2-6(o)
New subsection relating to conflicts of
interest of CSB governing board
members. Bars a former board
member from employment with CSB
until 2 years pass. Permits board
member or member of board
member’s family to receive CSB
services, but only under same
conditions applicable to the public.
Prohibits individual board members
from exercising individual authority
over CSB operations unless approved
by the governing board. CSB is
required to revise its bylaws to
comply with this new subsection.
567
20
37-2-6.1(a)
A CSB shall appoint an executive
director and “prescribe the duties
thereof.” The selection and all terms
of compensation are subject to review
and approval by the DBHDD
commissioner, who must also
determine if the selectee meets
DBHDD’s minimum qualifications for
the position. Approval is required
when the “terms of compensation are
proposed to be substantially altered.”
The commissioner is required to
review the compensation contracts
every five years.
623
21
37-2-6.1(a)(1)
New Code paragraph requiring the
CSB governing board to establish a
code of ethics for its executive
director and any full-time or part-time
employees.
642
Power of the CSB to appoint and
remove its executive director.
Conflicts of interest must be avoided
consistent with declarations found in
OCGA 45-10-2.(should be 45-10-21)
Employees cannot transact business
with CSB as found in OCGA 45-1023 unless permitted in OCGA 45-1025.
The CSB governing board must
“promulgate policies and
procedures governing executive
director and employee conflicts of
interest and establish a code of
ethics for the executive director and
employees.”
8
22
37-2-6.1(b)(1)
23
Permits CSBs to adopt bylaws “for
the conduct of its affairs.”
Requires the governing boards of the
CSBs to adopt bylaws for the conduct
of its affairs “and the affairs of their
respective community service boards.”
658
37-2-6.1(b)(2)
New paragraph requiring CSB
governing board “to review and
approve the CSB’s annual budget and
“to establish general policies related to
such budget to be followed by the”
CSB.
663
24
37-2-6.1(b)(3)
New paragraph requiring each CSB to
“provide an adequate range of
disability services as prescribed by”
DBHDD.
667
25
37-2-6.l (b)(11)
Power of a CSB to establish fees for
services.
Add language stipulating that all “fees
collected shall be used solely in
accordance with the statutory
nonprofit and public purposes of
community service boards as
prescribed in Article 1 of Chapter 2 of
Title 37.”
704
26
37-2-6.1(i)
Requires CSB to keep books of
account “which shall be audited
annually.”
Requires CSB and any entity created
by a CSB “pursuant to subsection (j)”
below to keep books of account “in
accordance with generally accepted
accounting principles.” The annual
audit shall include “any information or
procedures required by” DBHDD. A
CSB must rotate audit firms every five
years. Copies of the audit of a CSB or
entity created by the CSB must be
shared with the CSB governing board
and DBHDD within 60 days of
completion,
789
27
37-2-6.1(j)
Permits CSBs to create, form or
become a member of a nonprofit
corporation, limited liability
company, or other nonprofit entity.
Requires CSB to obtain permission of
DBHDD commissioner before
creating, forming or becoming a
member of a nonprofit corporation,
limited liability company, or other
nonprofit entity, except the approval
of the commissioner is not required to
create, form, or become a member of a
national, regional, or state trade
association or business league as
defined by the IRS for the benefit of
member CSBs or similar
organizations.
803
28
37-2-6.3I
New subsection prohibiting a CSB
and its governing board “from
bringing any action against the state.”
857
9
29
37-2-6.5(b)(2)
This relates to what happens when a
CSB notifies DBHDD that it will
cease operations. One option
DBHDD has is to merge the
troubled CSB with an “adjacent”
CSB by merging the boundaries of
the adjacent CSBS.
Removes the word “adjacent.”
30
37-2-10(b)(1)
This is an option related to the
DBHDD commissioner’s
emergency powers with the
concurrence of the governor under
which the programs and assets of
the CSB become the programs and
assets of DBHDD. This option was
not used in the recent Gateway
affair.
Add a provision that the CSB
governing board is dissolved.
31
37-2-10I(1)
Power related to the DBHDD
commissioner’s appointing a
manager or management team to
operate a CSB with the approval of
the Governor in an emergency.
Removes “in extenuating
circumstances” as a condition for the
exercise of these emergency powers.
906
32
37-2-10I(2)
Add provision that in such an
emergency the governing board of the
CSB “shall be immediately
suspended.”
928
33
37-2-10I(5)
New paragraph granting immunity
from liability of any manager or
management team appointed by the
commissioner to operate a CSB in an
emergency.
960
10
D. GOVERNING BOARD COMPOSITION
1.
Alternate Forms of Membership and Governance
With the passage of House Bill 100 in 1993, not all community service boards were
required to have the same membership composition. The memberships of the governing
boards of the Cobb and Douglas Community Service Boards are the memberships of the
county boards of health in their respective counties. The membership of the governing
board of the 10-county Middle Georgia Community Service Board is the membership of
the Laurens County Board of Health. The membership of these three community service
boards is authorized in OCGA §§ 31-3-12.1(b) and 37-2-6(e). Selection of this alternate
form of membership was optional only for a brief period in 1993. This option is no
longer available to other community service boards.
By an act of its county governing authority, the Fulton County Community Service Board
converted its form of governance to become a unit (Fulton County Department of
Behavioral Health and Developmental Disabilities) of county government. This
arrangement is permitted by OCGA § 37-2-6.4(a)(2), as amended in 2002.
The original House Bill 100 also authorized individual county boards of health to provide
any combination of mental health, developmental disabilities, and addictive diseases
services if approved by their respective county governing authorities.
These
arrangements are not altered in anyway by Senate Bill 349, and none of the provisions
relating to board governance in Senate Bill 349 applies to these county boards of health
operations.
This section on Governing Board Composition is not applicable to the Cobb,
Douglas, or Middle Georgia community service boards or to the Fulton County
Department of Behavioral Health and Developmental Disabilities.
2.
Types of Members
The membership of most community service boards is established in accordance with
subsection (b) of Section 37-2-6 of the Official Code of Georgia Annotated [OCGA § 372-6(b)]. There are twenty-two (22) community service boards established pursuant to
this Code provision.
There are three types of members of the governing board of a community service board:
Initial members (a term invented for the purposes of this Guide); an optional member,
and members who are elected or appointed officials.
(a) Initial Members
(1) Paragraph (1) of subsection (b) of OCGA § 37-2-6 describes the methodology for
determining the initial members of the governing board of a community service board.
11
The governing board of a community service board has one member for every population
unit of 50,000 or portion thereof within a county appointed by the county governing
authority.
This method is sufficient to determine the number of initial board members for the
governing boards of the following eleven community service boards: Aspire, Georgia
Pines, Lookout Mountain, Middle Flint, Oconee, Ogeechee, Pathways, Phoenix,
Pineland, River Edge, and Unison.
Table 2. Community Service Board Areas Where County Population Increments of 50,000
or a Portion Thereof Determines the Number of Board Members and the Number of
Elected or Appointed Officials Added to the Board Membership.
(1)
No.
Counties
(2)
(3)
2010 Census
(4)
Number of
Board Members as
of June 30, 2014
9
1
1
2
1
1
1
1
1
1
Aspire
(1) Baker
(2) Calhoun
(3) Dougherty
(4) Early
(5) Lee
(6) Miller
(7) Terrell
(8) Worth
181,135
3,451
6,694
94,565
11,008
28,298
6,125
9,315
21,679
2
Georgia Pines
(1) Colquitt
(2) Decatur
(3) Grady
(4) Mitchell
(5) Seminole
(6) Thomas
174,298
45,498
27,842
25,011
23,498
8,729
44,720
6
1
1
1
1
1
1
6
1
1
1
1
1
1
2
3
Lookout Mountain
(1) Catoosa
(2) Chattooga
(3) Dade
(4) Walker
175,346
63,942
26,015
16,633
68,756
6
2
1
1
2
6
2
1
1
2
2
4
Middle Flint
(1) Crisp
(2) Dooley
(3) Macon
(4) Marion
(5) Schley
(6) Sumter
(7) Taylor
(8) Webster
141,393
23,439
14,918
14,740
8,742
5,010
32,819
8,906
2,799
8
1
1
1
1
1
1
1
1
8
1
1
1
1
1
1
1
1
3
5
Oconee
(1) Baldwin
(2) Hancock
121,017
45,720
9,429
6
1
1
6
1
1
2
12
(5)
Number of Board
members as of
July 1, 2014
9
1
1
2
1
1
1
1
1
(6)
Additional Number
of Elected/Appointed
officials
3
(3) Jasper
(4) Putnam
(5) Washington
(6) Wilkinson
13,900
21,218
21,187
9,563
1
1
1
1
1
1
1
1
6
Ogeechee
(1) Burke
(2) Emmanuel
(3) Glascock
(4) Jefferson
(5) Jenkins
(6) Screven
88,859
23,316
22,598
3,082
16,930
8,340
14,593
6
1
1
1
1
1
1
6
1
1
1
1
1
1
2
7
Pathways
(1) Carroll
(2) Coweta
(3) Heard
(4) Meriwether
(5) Troup
338,604
110,527
127,317
11,834
21,882
67,044
9
3
3
1
1
2
9
3
3
1
1
2
3
8
Phoenix
(1) Crawford
(2) Houston
(3) Peach
180,225
12,630
139,900
27,695
5
1
3
1
5
1
3
1
2
9
Pineland
(1) Appling
(2) Bulloch
(3) Candler
(4) Evans
(5) Jeff Davis
(6) Tattnall
(7) Toombs
(8) Wayne
208,361
18,236
70,217
10,998
11,000
15,068
25,520
27,223
30,099
9
1
2
1
1
1
1
1
1
9
1
2
1
1
1
1
1
1
3
10
River Edge
(1) Bibb
(2) Jones
(3) Monroe
(4) Twiggs
219,663
155,547
28,669
26,424
9,023
7
4
1
1
1
7
4
1
1
1
2
11
Unison
(1) Atkinson
(2) Bacon
(3) Brantley
(4) Charlton
(5) Clinch
(6) Coffee
(7) Pierce
(8) Ware
154,277
8,375
11,096
18,411
12,171
6,798
42,356
18,758
36,312
8
1
1
1
1
1
1
1
1
8
1
1
1
1
1
1
1
1
3
(2) However, if the methodology in Paragraph (1) above yields a number greater than
nine (9), then the size of the governing board of that community service board is
determined by using an alternative method so that the number of governing board
members is capped at nine (9).
13
This method is sufficient to determine the number of initial board members for the
governing boards of the following five community service boards: Gateway, McIntosh
Trail, New Horizons, Serenity, and View Point.
In a multiple county community service board area, the counties are ranked in order of
population size descending from the county with the largest population to the county with
the lowest population. With the governing authority of each county making an
appointment, an initial rotation through the list of counties yields one member per county.
If this number is less than nine, then the rotation is repeated, and if necessary repeated
again, until the number nine is reached.
Table 3. Community Service Board Areas Reducing the Number of Board Members and
the Number of Elected or Appointed Officials Added to the Board Membership.
(1)
No.
(2)
Counties
(3)
2010 Census
(4)
Number of
Board Members as
of June 30, 2014
13
1
2
2
2
2
2
1
1
1
Gateway
(1) Bryan
(2) Camden
(3) Chatham
(4) Effingham
(5) Glynn
(6) Liberty
(7) Long
(8) McIntosh
370,000
30,233
50,513
265,128
52,250
79,626
63,453
14,464
14,333
2
McIntosh Trail
(1) Butts
(2) Fayette
(3) Henry
(4) Lamar
(5) Pike
(6) Spalding
(7) Upson
461,556
23,655
106,567
203,922
18,317
17,869
64,073
27,153
13
2
2
2
2
1
2
2
9
1
2
2
1
1
1
1
3
3
New Horizons
(1) Chattahoochee
(2) Clay
(3) Harris
(4) Muscogee
(5) Quitman
(6) Randolph
(7) Stewart
(8) Talbot
259,513
11,267
3,183
32,024
189,885
2,513
7,719
6,058
6,865
11
1
1
1
4
1
1
1
1
9
1
1
1
2
1
1
1
1
3
4
Serenity
(1) Columbia
(2) Lincoln
(3) McDuffee
(4) Richmond
(5) Taliaferro
(6) Warren
(7) Wilkes
372,617
124,053
7,996
21,875
200,549
1,717
5,834
10,593
13
3
1
1
5
1
1
1
9
2
1
1
2
1
1
1
3
14
(5)
Number of Board
Members as of
July 1, 2014
9
1
1
2
1
1
1
1
1
(6)
Additional Number of
Elected/Appointed
Officials
3
5
View Point
(1) Gwinnett
(2) Newton
(3) Rockdale
805,321
99,958
85,215
13
5
4
4
9
3
3
3
3
(3) In a community service board area with more than nine (9) counties, the number of
governing board members is the same as the number of counties, with each county
having only one appointment to the governing board of the community service board.
This method determines the number of initial board members of the governing boards of
four community service boards: Advantage, Avita, Highland Rivers, and South
Georgia.
Table 4. Community Service Board Areas Where the Number of Board Members is the
Same as the Number of Counties in the Area and the Number of Elected or Appointed
Officials Added to the Board Membership.
(1)
No.
(2)
Counties
(3)
2010 Census
(4)
Number of
Board Members as
of June 30, 2014
13
2
2
1
1
1
1
1
1
1
2
1
Advantage
(1) Barrow
(2) Clarke
(3) Elbert
(4) Green
(5) Jackson
(6) Madison
(7) Morgan
(8) Oconee
(9) Oglethorpe
(10) Walton
460,189
69,367
116,714
20,166
15,994
60,485
28,120
17,868
32,808
14,899
83,768
2
Avita
(1) Banks
(2) Dawson
(3) Forsyth
(4) Franklin
(5) Habersham
(6) Hall
(7) Hart
(8) Lumpkin
(9) Rabun
(10) Stephens
(11) Towns
(12) Union
(13) White
617,646
18,395
22,330
175,511
22,084
43,041
179,684
25,213
29,966
16,276
26,175
10,471
21,356
27,144
13
1
1
1
1
1
1
1
1
1
1
1
1
1
13
1
1
1
1
1
1
1
1
1
1
1
1
1
4
3
Highland Rivers
(1) Bartow
(2) Cherokee
(3) Fannin
(4) Floyd
902,217
100,157
214,346
23,682
96,317
13
1
2
1
1
12
1
1
1
1
4
15
(5)
Number of Board
Members as of
July 1, 2014
10
1
1
1
1
1
1
1
1
1
1
(6)
Additional Number of
Elected/Appointed
Officials
3
4
(5) Gilmer
(6) Gordon
(7) Haralson
(8) Murray
(9) Paulding
(10) Pickens
(11) Polk
(12) Whitfield
28,292
55,186
28,780
39,628
142,324
29,431
41,475
102,599
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
South Georgia
(1) Ben Hill
(2) Berrien
(3) Brooks
(4) Cook
(5) Echols
(6) Irwin
(7) Lamar
(8) Lowndes
(9) Tift
(10) Turner
260,545
17,634
19,286
16,243
17,212
4,034
9,538
18,317
109,233
40.118
8,930
12
1
1
1
1
1
1
1
3
1
1
10
1
1
1
1
1
1
1
1
1
1
3
(4) In a single county community service board area where the population methodology
in Paragraph (1) above yields a number less than seven (7), Senate Bill 349 sets the
number of governing board members at seven (7).
This method is sufficient to determine the number of initial board members for the
governing board of one community service board: Clayton.
Table 5. Community Service Boards Serving one County with Insufficient Population to
yield Seven Members and the Number of Elected or Appointed Officials Added to the
Board Membership.
No.
Counties
2010 Census
1
Clayton
259,424
Number of
Board Members as
of June 30, 2014
6
Number of Board
Members as of
July 1, 2014
7
Additional Number of
Elected/Appointed
Officials
2
(5) In a single county community service board area where the population methodology
yields a number greater than nine (9), Senate Bill 349 sets the number of governing board
members at nine (9).
This method is sufficient to determine the number of initial board members for the
governing board of the following community service board: DeKalb.
16
Table 6. Community Service Boards Serving One County with a Population that yields
More than Nine Members and the Number of Elected or Appointed Officials Added to the
Board Membership.
No.
Counties
2010 Census
1
DeKalb
691.893
Number of
Board Members as
of June 30, 2014
13
Number of Board
Members as of
July 1, 2014
9
Additional Number of
Elected/Appointed
Officials
3
As shown in the foregoing tables, there are community service boards that will either
experience no change in the number of members of their governing boards or see a
reduction or an increase in the number of members as follows:
No Change: There are 12 community service boards where the number of governing
board members remains the same, excluding an optional member or two to four
additional elected or appointed officials. These are: Aspire, Avita, Georgia Pines,
Lookout Mountain, Middle Flint, Oconee, Ogeechee, Pathways, Phoenix, Pineland,
and River Edge, and Unison.
Reduction: There are 9 community service boards where the number of governing board
members, excluding an optional member or two or three additional elected or appointed
officials, is changed by reducing the number of board members. These are: Advantage,
DeKalb, Gateway, Highland Rivers, McIntosh Trail, New Horizons, Serenity, South
Georgia, and View Point.
Increase: See Table 5 above. There is one community service board where the number
of governing board members, excluding an optional member or additional elected or
appointed officials, is increased. This is the Clayton Community Service Board.
(b) Optional Member
Senate Bill 349 reduced the number of optional members from three to one.
The governing board of each community service board has the option of adding one
additional member to address population or financial contribution differences among the
counties in its community service board area. The governing board of the community
service board makes this appointment, not a county governing authority.
Any number of optional board member positions existing on June 30, 2014, greater than
one will be eliminated as the terms of office of the members holding those positions
expires, unless such optional board member resigns, in which case, the position would be
immediately terminated.
An optional board member has the same term of office as the initial members, which is
three years.
17
(c) Members Who Are Elected or Appointed Officials
See Col. 6 in Tables 2 – 7 for the number of elected or appointed officials added to
each community service board.
Senate Bill 349 adds governing board members who must also concurrently hold elective
or appointive office. The number of such board member positions is determined by
multiplying the number of initial members on the governing board by 0.33. In the event
this calculation yields a whole number and a fraction of a whole number, the number of
members is equal to the nearest whole number; however, a fraction of 0.50 or greater is
rounded to the next highest whole number.
No community service board will have less than two or more than four such additional
members.
Appointment of these additional members falls to the governing authorities of the
counties making the largest cash or in-kind contribution to the community service board
in the county fiscal year preceding the appointment.
The counties are ranked in order of financial contribution in descending order from the
county making the largest contribution to the county making the lowest contribution.
With the governing authority of each county making an appointment, an initial rotation
through the list of counties yields one member per county. If this number is less than the
number required, then the rotation is repeated, and if necessary repeated again, until the
required number is reached.
If no county in the community service board area makes a financial contribution, then all
of the required positions will be filled using an alternate population-based method. Each
county is ranked by population size from the county with the highest population to the
county with the lowest population. With the governing authority of each county making
an appointment, an initial rotation through the list of counties yields one member per
county. If this number is less than the number required, then the rotation is repeated, and
if necessary repeated again, until the required number is reached.
If there are fewer counties in the community service board area that make a financial
contribution than the required number of appointments, then the remaining required
positions will be filled using the alternate population-based method described above. In a
single county community service board, the governing authority of that county would
make the required appointments irrespective of financial contribution or population size.
There are two (2) community service boards that will add four (4) additional members
who are elected or appointed officials: Avita and Highland Rivers.
There are fourteen (14) community service boards that will add three (3) additional
members who are elected or appointed officials: Advantage, Aspire, DeKalb, Gateway,
18
McIntosh Trail, Middle Flint, New Horizons, Ogeechee, Pathways, Pineland,
Serenity, South Georgia, View Point, and Unison.
There are six (6) community service boards that will add two (2) additional members who
are elected or appointed officials: Clayton, Georgia Pines, Lookout Mountain, Oconee,
Phoenix, and River Edge.
As used in Senate Bill 349, the terms “elective or appointive office” or “elected or
appointed official” means:
(i) The elected chief executive officer, by whatever name called, of the county
governing authority making the appointment to the governing board of the
community service board;
(ii) An elected member of such county governing authority;
(iii) The county manager of such county governing authority where such position
exists as defined in Code Section 36-5-22;
(iv) The sheriff of such county;
(v) The elected chief executive officer, by whatever named called, an elected
member of the governing authority, or an appointed city manager of any
municipality lying wholly or partially within such county;
(vi) A member of the board of education of such county or a member of the
governing board of any municipal school system lying wholly or partially within
such county;
(vii) The school superintendent of such county or the superintendent of any
municipal school system lying wholly or partially within such county;
(viii) The appointive public safety commissioner, police chief, or fire chief of such
county or any municipality lying wholly or partially within such county; or
(ix) Any other elected official from within such county.
Word of Caution. In considering elected or appointed officials for appointment to the
governing board of a community service board, the board’s legal counsel should be
consulted to determine the applicability of Paragraph III of Section II of Article I of the
Georgia Constitution, which reads:
“The legislative, judicial, and executive powers shall forever remain separate and
distinct; and no person discharging the duties of one shall at the same time exercise
the functions of either of the others except as herein provided.”
19
Terms of Office. Elected officials appointed to the governing board of a community
service board serve a term of office that is concurrent with the term of their elective
office. Appointed officials appointed to the governing board of a community service
board serve a term of office that is the same as other members of the community service
board, which is three years. An elected or appointed official appointed to the governing
board of a community service board shall not continue in office as a member of the
governing board of a community service board once that individual no longer holds that
elective or appointive office.
3.
Member Diversity
The same statutory provisions related to the diversity of the membership of the governing
board of a community service board are continued without amendment in Senate Bill 349
without any change, except the legislation makes it clear that the diversity requirements
apply only to the combination of initial board members and the optional member, if any.
In other words, the diversity requirements do not apply to the elected or appointed
officials appointed to the governing board. The diversity requirements are:
(a) Consumers and family members of consumers must constitute no less than 50 percent
of the governing board members. (See line 504 in SB 349)
(b) Among the consumers and family members of consumers there must be “equitable
representation of the various disability groups,” which means “an equal number of such
members to the fullest extent possible (should) represent mental health, developmental
disabilities, and addictive diseases interests.” (See line 516 in SB 349)
(c) Appointments must be “reflective of the cultural and social characteristics, including
gender, race, ethnic, and age characteristics of the community service board area and
county populations.” (See line 420 in SB 349)
(d) County governing authorities may consider suggestions from clinical professional
associations and advocacy groups. (See line 426 in SB 349)
4.
Persons Ineligible to Serve on a CSB Governing Board
The statute specifies certain individuals who are not eligible for appointment to a
community service board. They are:
(a) A member of the regional planning board that serves the region in which the
community service board is located.
(b) A former member of a regional planning board until two years shall have lapsed since
serving on a regional planning board. [OCGA 37-2-5(b.2)(2)]
20
(c) An employee or board member of a public or private entity which contracts with the
Department of Behavioral Health and Developmental Disabilities to provide mental
health, developmental disabilities, or addictive diseases services within the community
service board area. MODIFIED IN SENATE BILL 349.
(d) An employee of the community service board or employee or board member of any
public or private group, organization, or service provider which contracts with or receives
funds from the community service board.
(e) A former employee of that community service board until a period of at least two
years has passed since the time such person was employed by that community service
board. NEW IN SENATE BILL 349.
5.
Transitioning of Board Membership from FY 2014 to FY 2015 and Beyond
Senate Bill 349 provides a method for transitioning from the membership of the
governing board of a community service board in state fiscal year (FY) 2014 to state FY
2015 and beyond. Some community service boards may increase the number of initial
members and others may decrease the number of these members.
The statute provides that any governing board members whose term has not expired on or
before June 30, 2014, shall continue to serve out the term to which they were appointed.
There are 9 community service boards where the number of initial governing board
members is reduced. These are: Advantage, DeKalb, Gateway, Highland Rivers,
McIntosh Trail, New Horizons, Serenity, South Georgia, and View Point. The
transition period only applies to these boards.
Beginning with July 1, 2014, and subsequently on July 1, 2015, and July 1, 2016, the
governing board membership positions that expire on those dates must be eliminated in
sequence until the required reduction number is reached.
The reduction number for each governing board of a community service board is:
(1) Advantage – 3;
(2) DeKalb – 4;
(3) Gateway – 4;
(4) Highland Rivers – 1;
(5) McIntosh Trail – 4;
21
(6) New Horizons – 2;
(7) Serenity – 4;
(8) South Georgia – 2; and
(9) View Point – 4.
See Tables 2, 3, 4, and 6 to determine which counties are affected by these reductions.
Hypothetical Example. Here is a table that illustrates how to reduce the required
number of governing board memberships.
Table 7. Converting a thirteen member CSB governing board to a nine member board over three state fiscal
years.
(1)
Old
no.
(2)
Incumbent
Member
(3)
County
1
2
3
4
5
6
7
8
9
10
11
12
13
Dr. Ford
Mr. Bearden
Ms. Levi
Mr. Citron
Mr. Richey
Mr. Singleton
Ms. Hicks-Hill
Dr. Cheever
Dr. Harris
Ms. Whitfield
Ms. Forbes
Ms. DiPolito
Mr. Sofferin
Adams
Tyler
Buchanan
Grant
Hayes
Hayes
Arthur
Garfield
Garfield
Garfield
Cleveland
Cleveland
Wilson
(4)
As of July 1,
2014, Current
Term Expires
June 30, 2016
June 30, 2014
June 30, 2016
June 30, 2015
June 30, 2016
June 30, 2014
June 30, 2015
June 30, 2014
June 30, 2015
June 30, 2016
June 30, 2014
June 30, 2016
June 30, 2014
(5)
New
No.
(6)
Date Position
Eliminated
1
2
3
4
5
(7)
Transition
Term Ends
June 30, 2015
(8)
Term
Length
in Yrs
1
(9)
Next New
Three Year
Term Ends
June 30, 2019
June 30, 2018
June 30, 2019
June 30, 2018
June 30, 2019
(10)
Term
Length
in Yrs
3
3
3
3
3
June 30, 2014
6
June 30, 2018
3
June 30, 2014
June 30, 2015
7
June 30, 2017
1
June 30, 2020
3
June 30, 2017
June 30, 2017
1
3
June 30, 2020
June 30, 2020
3
3
June 30, 2014
8
9
On June 30, 2014, there were thirteen (13) positions on the hypothetical governing board.
This number was reduced to ten (10) positions on July 1, 2015, and to nine (9) positions
on July 1, 2016.
However, simply reducing the governing board membership to the new number required
by Senate Bill 349 will not assure compliance with the diversity requirements. This is
illustrated in Table 8 below, assuming that the diversity distribution in Column 2 of Table
7 is reflective of these characteristics in the population of the community service board
area as found in the 2010 United States Census.
As reflected in Table 8 below, the percent of females holding governing board
membership declined from 54 to 45 percent, and the percent of African-Americans
22
declined from 46 to 33 percent. In each case, the newly constituted board does not meet
the diversity requirements of the statute. The purpose of this example is to illustrate that
making the transition without replacing some sitting board members when their terms of
office expire will probably result in the newly constituted board being out of compliance
with respect to the diversity requirements.
Table 8 also includes information on disability group representation. These data are
presented only as a reminder of the percentage of board memberships that must reflect
consumer or family member participation and disability group representation.
Table 8. Population Diversity Characteristics in Index Community Service
Board Area Before and Upon Completion of Board Membership
Transition.
(1)
Characteristic
Males
Females
(2)
Before
(13)
6
7
(3)
Percent*
(4)
After
(9)
(5)
Percent*
(6)
Should Be
46
54
5
4
55
45
4
5
African-American
White
6
7
46
54
3
6
33
66
4
5
Consumer/Family
MH Rep
DD Rep
AD Rep
7
3
2
1
50 +
17
17
16
5
2
2
1
50 +
17
17
16
5
2
2
1
*Percentages reflect percentages in CSB area population according to the 2010 Census
23
E. CHANGES AFFECTING EXECUTIVE DIRECTORS AND EMPLOYEES
1. Selection and Compensation of Executive Director
Senate Bill 349 requires the governing board of a community service board to employ an
executive director (chief executive officer – CEO) and “prescribe the duties thereof.”
Both the selection of the executive director and the terms of compensation are subject to
review and approval by the Commissioner of Behavioral Health and Developmental
Disabilities prior to any offer of employment or at any time thereafter when the terms of
compensation are substantially altered. The commissioner also is required to determine if
minimum qualifications are met for the position of executive director as prescribed by the
Department of Behavioral Health and Developmental Disabilities.
The term substantially altered is not defined in the statute. As such, the meaning of the
term is left to the discretion of the Commissioner of Behavioral Health and
Developmental Disabilities.
Employment contracts and the terms of compensation must be reviewed every five years
by the Commissioner of Behavioral Health and Developmental Disabilities.
2. Code of Ethics for Employees
The executive director and all full and part-time employees of the community service
board must avoid conflicts of interest consistent with the declarations found in OCGA
45-10-2. (The code citation is in error. It should be Code Section 45-10-21.) See
Appendix beginning on page 31 for Code Section 45-10-21.
The executive director and all full and part-time employees of the community service
board must not transact any business with that community service board unless such
transactions fall under the exceptions granted in OCGA 45-10-25. Transactions that fall
under these exceptions must be reported to the governing board of the community service
board in the manner in which the governing board determines and annually to the
Georgia Government Transparency and Campaign Ethics Commission. See Appendix
beginning on page 31 for Code Section 45-10-25.
24
3. Template for a Code of Ethics for Employees
Template Code of Ethics and Conduct
I.
II.
III.
IV.
Introduction
A.
Purpose of the Code. Some background information on the reason for the Code. Cite
statutory requirement for employee code of ethics found in OCGA § 37-6.1(a)(1).
B.
CSB’s commitment to strong ethical standards. Include a restatement of the Mission
Statement and a printed letter from the CEO indicating the leadership of the board.
C.
Indicate how an employee can seek guidance; such as talking with supervisor and a
corporate compliance hotline number.
D.
How to report noncompliance. This is a guideline for whistleblowers on how to report
without retaliation, cite OCGA § 37-2-6(j) on CSB employee whistleblower protection.
E.
Explain how the employee will acknowledge responsibility for adherence to the Code.
Fair Dealing
A.
Guidelines for relating to consumers and members of consumer families.
B.
Guidelines for dealing with vendors.
C.
Respect for fellow employees, building trust, value of honesty.
Conduct in the Workplace
A.
Equal Employment Opportunity Standards. Strong commitment statement.
B.
Sexual Harassment. A statement on maintaining boundaries that covers improper contact
with consumers, contractors, vendors, employees, and former employees.
C.
Alcohol and Substance Use, including use of tobacco products policy.
D.
CSB Financial Practices. Billing and coding. Employees who handle cash, compliance
with commonly accepted accounting principles, applicable law and regulations, and
agency financial policies.
Conflicts of Interest
A.
Outside Employment. Limitation if there is, or appears to be, a conflict of interest.
B.
Personal Use of CSB facilities, computers and other equipment, vehicles, data, and
resources.
C.
Gifts and Other Benefits. When intended to influence business or clinical decisions,
solicit an unfair advantage, or reward special attention or service. Are all gifts banned?
Is there a dollar limit on meals and certain other gifts? What is an improper gift?
D.
Personal Business Relations with CSB. Cite provisions of OCGA § 45-10-2, § 45-10-23,
and § 45-10-25, related to employee business transactions with the CSB.
25
V.
VI.
VII.
E.
Former Employees. Prohibit favoring former employees in business transactions, policy
on consumer referrals to former clinical employees.
F.
Family Members. Not to influence employment or personnel action of a family member.
Community Service Board Property and Records
A.
Policy on protecting tangible assets, such as CSB facilities, property, equipment, cash and
bank notes, and other resources.
B.
Personal Use of CSB computers, telephones, and the like; essentially, an expansion of the
use of assets statement.
C.
Use of CSB name and Logo, and other intangible assets, such as CSB’s image and
reputation. Indicate name and logo should be used only for normal business dealings.
Prohibition from representing, or appearance of representing, CSB except when acting
within the scope of assigned duties or as authorized by supervisory staff.
D.
Community Service Board Records. Reinforce the need for integrity of records.
E.
Confidential Information. Clinical records.
F.
Employee Privacy. Safeguarding personnel information to outsiders and other
employees, policy on soliciting for charitable purposes in the workplace.
G.
Company Benefits. Honesty in claiming benefits, accurate reporting for travel, lodging,
meals, and other reimbursement.
Complying with the Law
A.
Political Contributions and Activities.
B.
Bribery and Kickbacks.
C.
Workplace Safety. Policy on compliance with OSHA rules, handling of hazardous waste.
D.
Environmental Protection. Compliance with applicable laws.
E.
Compliance with State Law. OCGA Title 37, with respect to behavioral health and
developmental disabilities, rules and policies of the Department of Behavioral Health and
Developmental Disabilities; policies related to Medicaid from the Department of
Community Health.
Acknowledgement by Employee
Signed statement indicating employee has read and understands the Code’s provisions and that
compliance is a condition of continued employment.
26
F. Ethical Behavior of Governing Board Members
Senate Bill 349 requires each member of the governing board of a community service
board to comply with the Code of Ethics for Members of Boards, Commissions and
Authorities as found in OCGA 45-10-3.
A governing board member who fails to comply with the code of ethics is subject to
removal from the governing board by the remaining members of the governing board, or
by the Commissioner of Behavioral Health and Developmental Disabilities exercising
emergency powers as authorized in OCGA 37-2-10.
A member of the governing board of a community service board has a fiduciary
responsibility to avoid any conflict of interest consistent with the declarations found in
Code Section 45-10-2. The code citation is in error. It should be Code Section 45-10-21.
When a governing board member has an unavoidable conflict of interest related to a
matter requiring a decision by the governing board, the member shall absent himself or
herself not only from the vote, but also from any deliberation on the related matter.
Members of the governing board of a community service must not use their positions to
obtain employment with or contracts from the community service board, its funding
sources, or its suppliers of goods and services for themselves, family members, or close
associates. Should such member desire such employment, such member shall first resign.
No person who has served as a member of the governing board of a community service
board may be employed by that community service board, either directly or by contract,
until a period of at least two years has passed since the time such person served as a
member of the governing board of that community service board.
A governing board member or a member of his or her family may obtain disability or
health services from the community service board in the ordinary course of the
community service board’s provision of such disability or health services on the same
terms and under the same conditions applicable to any member of the public.
An individual governing board member shall not exercise individual authority over the
community service board’s operations, affairs, property, or personnel, except when such
member’s action is explicitly permitted by the governing board of the community service
board by policy or by resolution.
27
G. Required Actions by Governing Boards of Community Service Boards
Senate Bill 349 requires the governing board of a community service board to take
several actions. These are:
1. Amend the bylaws of the community service board to:
a. Reflect the composition of the membership of the governing board beginning July
1, 2014, including new terms of office and staggered terms.
b. Reflect the requirement that governing board members must comply with the Code
of Ethics for Members of Boards, Commissions, and Authorities. See Appendix
beginning on page 31 for Code Section 45-10-3.
c. Reflect the requirements that governing board members have a fiduciary
responsibility to avoid conflicts of interest, to absent themselves from votes and
deliberations on votes where a conflict exists, to not seek employment with or
contract from the community service board, its funding sources, or its suppliers
for themselves, family members, or close associates, to resign if seeking
employment with the community service board, to ban such employment for at
least two years after resigning from the governing board, not to act as a committee
of one in order to exercise individual authority over the operations, affairs, or
employees of the community service board unless authorized by the remaining
members of the governing board, and to clarify that governing board members
and members of their families may obtain disability services from the community
service board in the same manner as any member of the public.
2. Establish conflicts of interest policies and a code of ethics for the executive director
and employees of the community service board.
3. Review and approve the annual budget of the community service board.
4. Assure that all fees collected are used solely in accordance with the statutory
nonprofit and public purposes of community service boards as prescribed in Article 1
of Chapter 2 of Title 37 OCGA.
5. Assure that the governing board receives a copy of the annual audit of the community
service board and its findings or any nonprofit entity created by the community
service board within 60 days of the completion of the audit.
6. Approve the creation of any nonprofit entity established by the community service
board.
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The above requirements reflect new provisions of law as added by Senate Bill 349. The
foregoing does not include legal requirements found in law prior to the enactment of
Senate Bill 349.
In addition to the requirements outlined above, a community service board must:
1. Provide an adequate range of services as prescribed by the Department of Behavioral
Health and Developmental Disabilities.
2. Seek the approval of the Commissioner of Behavioral Health and Developmental
Disabilities to establish any nonprofit entity.
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H. Enhanced Powers of the Department of Behavioral Health
and Developmental Disabilities
Senate Bill 349 provides either the Commissioner or the Department of Behavioral
Health and Developmental Disabilities with new powers and responsibilities. These are:
1. To enter into performance based contracts, which may include financial incentives or
consequences based on the results achieved by a contractor as measured by output,
quality, and outcome measures, with community service boards and other providers.
2. To establish policies and procedures governing fiscal standards and practices of
community service boards and their respective governing boards.
3. To redesignate the boundaries of community service board areas and to merge such
areas without such areas having to be contiguous or adjacent to each other.
4. To approve the selection and compensation of the executive director of a community
service board, and to review the terms of compensation every five years.
5. To require the inclusion of any information or procedures in the annual audits of
community service boards and any nonprofit entities established by community
service boards, and to receive a copy of such audits and their findings within 60 days
of the completion of the audits.
6. To approve the creation of any nonprofit entity established by a community service
board.
7. To dissolve the governing board of a community service board that may be merged
with another community service board after receiving notice that the troubled
community service board intends to cease operations.
8. To suspend the governing board of a community service board where a manager or
management team has been appointed to operate the community service board
pursuant to the emergency powers of the Commissioner of Behavioral Health and
Developmental Disabilities.
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APPENDIX
§ 45-10-3. Code of ethics for members of boards, commissions, and authorities -- Establishment and
text
Notwithstanding any provisions of law to the contrary, each member of all boards, commissions, and
authorities created by the general statute shall:
(1) Uphold the Constitution, laws, and regulations of the United States, the State of Georgia, and all
governments therein and never be a party to their evasion;
(2) Never discriminate by the dispensing of special favors or privileges to anyone, whether or not for
remuneration;
(3) Not engage in any business with the government, either directly or indirectly, which is inconsistent
with the conscientious performance of his governmental duties;
(4) Never use any information coming to him confidentially in the performance of governmental duties as
a means for making private profit;
(5) Expose corruption wherever discovered;
(6) Never solicit, accept, or agree to accept gifts, loans, gratuities, discounts, favors, hospitality, or
services from any person, association, or corporation under circumstances from which it could reasonably
be inferred that a major purpose of the donor is to influence the performance of the member’s official
duties;
(7) Never accept any economic opportunity under circumstances where he knows or should know that
there is a substantial possibility that the opportunity is being afforded him with intent to influence his
conduct in the performance of his official duties;
(8) Never engage in other conduct which is unbecoming to a member or which constitutes a breach of
public
trust;
and
(9) Never take any official action with regard to any matter under circumstances in which he knows or
should know that he has a direct or indirect monetary interest in the subject matter of such matter or in the
outcome of such official action.
§ 45-10-21. Legislative declarations, purposes, and intent
(a) It is essential to the proper operation of democratic government that public officials be independent
and impartial, that governmental decisions and policy be made in the proper channels of the governmental
structure, that public office not be used for private gain other than the remuneration provided by law, and
that there be public confidence in the integrity of government. The attainment of one or more of these ends
is impaired whenever there exists a conflict between the private interests of an elected official or a
government employee and his duties as such. The public interest, therefore, requires that the law protect
against such conflicts of interest and establish appropriate ethical standards with respect to the conduct of
elected officials and government employees in situations where conflicts exist.
(b) It is also essential to the proper operation of government that those best qualified be encouraged to
serve the government. Accordingly, legal safeguards against conflicts of interest must be so designed as not
unnecessarily or unreasonably to impede the recruitment and retention by the government of those men and
women who are best qualified to serve it. An essential principle underlying the staffing of our government
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structure is that its elected officials and employees should not be denied the opportunity, available to all
other citizens, to acquire and retain private economic and other interests, except where conflicts with the
responsibility of such elected officials and employees to the public cannot be avoided.
(c) The General Assembly declares that the operation of responsible democratic government requires that
the fullest opportunity be afforded to the people to petition their government for the redress of grievances
and to express freely to individual members of the General Assembly, to committees of the General
Assembly, and to officials of the executive branch their opinions on legislation, on pending executive
actions, and on current issues and that, to preserve and maintain the integrity of the legislative and
administrative processes, it is necessary that the identity, expenditures, and activities of certain persons who
engage in efforts to persuade members of the General Assembly or the executive branch to take specific
actions, either by direct communication to such officials, or by solicitation of others to engage in such
efforts, be publicly and regularly disclosed. The provisions of this article shall be liberally construed to
promote complete disclosure of such information so as to assure that the public interest will be fully
protected.
(d) It is the policy and purpose of this article to implement these objectives of protecting the integrity of
all governmental units of this state and of facilitating the recruitment and retention of qualified personnel
by prescribing essential restrictions against conflicts of interest in state government without creating
unnecessary barriers to the public service.
§ 45-10-25. Exceptions to prohibitions on transactions with state agencies
(a) The provisions of Code Sections 45-10-22, 45-10-23, and 45-10-24 shall not apply to:
(1) Any transaction involving the sale of real property to the state or any agency through eminent domain;
(2) Any transaction involving the purchase by the public official or employee of any health or life
insurance, disability benefits, or retirement or pension benefits offered as a part of a public official's or
employee's service or employment;
(3) Any transaction between a public official or employee or any business in which such public official or
employee or any member of his family has a substantial interest and any person, the cost of which
transaction is paid directly or indirectly by state funds, if the property or services involved in the
transaction are for the private use and benefit of the person to whom such property or services are sold or
rendered and such person does not subsequently sell or lease such property or services to an agency;
(4) Any transaction between a public official or employee or any business in which such public official
or employee or any member of his family has a substantial interest and the state or any agency thereof
under which it is agreed that the public official or employee or any business in which such public official or
employee or any member of his family has a substantial interest is to provide Medicaid and related services
and benefits or medicare and related services and benefits, or both, and under which it is agreed that the
state or any agency thereof is to reimburse or pay for the services and benefits so provided;
(5) Any transaction between a public official or employee or any business in which such public official or
employee or any member of his family has a substantial interest and the state or any agency thereof under
which the public official or employee or any business in which such public official or employee or any
member of his family has a substantial interest directly or indirectly receives reimbursement or payment
from the state or any agency thereof for providing Medicaid and related services and benefits or medicare
and related services and benefits, or both, and under which the state or any agency thereof reimburses or
pays the public official or employee or any business in which such public official or employee or any
member of his family has a substantial interest for providing Medicaid and related services and benefits or
medicare and related services and benefits, or both;
(6) Any transaction between a public official or employee or any business in which such public official or
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employee or any member of his family has a substantial interest and any state contractor if there was no
agreement prior to the transaction that the public official or employee would assist, other than by providing
goods or services as required under the terms of the agreement underlying the transaction, the contractor in
obtaining, retaining, or fulfilling the state contract and if the public official or employee does not assist,
other than by providing goods or services as required under the terms of the agreement underlying the
transaction, the contractor in obtaining, retaining, or fulfilling the state contract;
(7) Any transaction involving part-time employment by the Georgia Building Authority or the
Department of Natural Resources of custodial and cleaning workers or cooks who work for other agencies;
(8) Any transaction involving part-time employment by any agency of a chaplain; firefighter; any person
holding a doctoral or master's degree from an accredited college or university; a licensed physician, dentist,
or psychologist; a registered nurse or licensed practical nurse; or a certified oral or manual interpreter for
deaf persons, if employed by the state, if:
(A) The chief executive officer of the department, agency, commission, or authority which desires to
obtain the services of a chaplain, firefighter, any person holding a doctoral or master's degree from an
accredited college or university, a licensed physician, dentist, or psychologist, a registered nurse or licensed
practical nurse, or a certified oral or manual interpreter for deaf persons presently employed by another
department, agency, commission, or authority of the state shall certify in writing the need for the services
and set forth why the best interest of the state will be served by obtaining the part-time services of such a
person in lieu of obtaining such services from a person not presently employed by the state;
(B) The chief executive officer of the department, agency, commission, or authority presently
employing the chaplain; firefighter; any person holding a doctoral or master's degree from an accredited
college or university; the licensed physician, dentist, or psychologist; the registered nurse or licensed
practical nurse; or the certified oral or manual interpreter for deaf persons shall certify in writing that the
person whose services are desired is available to perform such services, that the performance of such
services will not detract or have a detrimental effect on the performance of said person's employment and,
where appropriate, that the part-time employment of such person by the department, agency, commission,
or authority desirous of obtaining the services will be in the best interest of the state; and
(C) The departments, agencies, commissions, or authorities, after having complied with subparagraphs
(A) and (B) of this paragraph shall, by agreement, establish the procedures under which the employee shall
perform the additional services. The agreement shall specify the means of employment either as a part-time
employee or as a consultant, the compensation, and other pertinent details and conditions of the
employment relationship. The agreement shall be terminable at any time by either of the departments,
agencies, commissions, or authorities;
(9) Any transaction involving the Public Service Commission's employment of any state employee who
has any particular expertise or knowledge which may be of assistance to the Georgia Public Service
Commission or the consumers' utility counsel division of the office of the administrator created in Code
Section 10-1-395 in fulfilling its duties and responsibilities under Title 46. The terms and conditions of
such employment shall be solely determined by the Georgia Public Service Commission; but, in any event,
the employee may not provide services to the Georgia Public Service Commission during such times as he
or she is regularly scheduled to be at his or her primary place of employment unless the employee has
received permission to do so from his or her regular employer or unless the employer is on annual leave or
leave without pay;
(10) Any transaction involving an emergency purchase by any agency which must be made to protect the
health, safety, or welfare of the citizens or property of Georgia;
(11) Any transaction involving property or a service for which the only source of supply in the State of
Georgia is from the public official or employee or a business in which such public official or employee or
member of his family has a substantial interest;
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(12) Any transaction occurring prior to March 1, 1983;
(13) Any transaction occurring prior to qualifying to run for elective office, accepting appointment to
public office, or accepting public employment and any transaction occurring after qualifying to run for
elective office, accepting appointment to public office, or accepting public employment if the legal
obligation and duty to undertake such transaction arose prior to qualifying to run for elective office,
accepting appointment to public office, or accepting public employment;
(14) Any transaction whereby a public official or employee or any business in which such public official
or employee or any member of his family has a substantial interest collects a fee or commission as
compensation for performing a service for the state when such performance is required or authorized by
law, including but not limited to the collection of state sales tax, the collection of license fees, and the
collection of excise taxes;
(15) Any transaction whereby an appointed public official or employee, under the procedures specified in
this paragraph, sells to a unit of the University System of Georgia services as a teacher or instructor of an
evening or night course or program, if:
(A) The chief executive officer of the unit of the University System of Georgia shall certify in writing
the need for the services and set forth why the best interest of the state will be served by obtaining the
services of such state official or employee in lieu of obtaining such services from a person not presently
employed by the state;
(B) The chief executive officer of the department, agency, commission, or authority presently
employing the state official or employee shall certify in writing that the person whose services are desired
is available to perform such services, that the performance of such services will not detract or have a
detrimental effect on the performance of said person's full-time employment, and, where appropriate, that
the employment of such person by the unit of the University System of Georgia will be in the best interest
of the state; and
(C) The departments, agencies, commissions, authorities, and units, after having complied with
subparagraphs (A) and (B) of this paragraph, shall, by agreement, establish the procedures under which the
official or employee shall perform the additional services. The agreement shall specify the means of
employment, the compensation, and other pertinent details and conditions of the employment relationship.
The agreement shall be terminable at any time by any of the departments, agencies, commissions,
authorities, or units; or
(16) Any transaction involving the lease for the purpose of small business and economic development of
laboratory and research facilities owned by the Board of Regents of the University System of Georgia
during times when the laboratory and research facilities are not in use.
(b) Authority is given for a public official or employee or any business in which such public official or
employee or any member of his family has a substantial interest and the state or any agency thereof to
engage in any transaction exempted from the coverage of this part by subsection (a) of this Code section
and subsection (b) of Code Section 45-10-24 and any transaction necessary and proper to such transaction.
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