Executive order [Jan. 12, 1999M]

THE STATE OF GEORGIA
EXECUTIVE ORDER
BY THE GOVERNOR:

WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS:
ORDERED:

The Official Code of Georgia, Section 45-10-l (1968 Ga. Laws 1369) established the Code of Ethics For Government Service for exhibiting to the public and employees of the state and all governments therein; and
To maintain the public trust, it is essential that government function honestly and fairly, furthering the public, not private or personal interest; and
Appointed officials and employees of the state must maintain and exercise the highest standards of duty to the public in carrying out the responsibilities and functions of their positions; and
Self-interest, partiality and prejudice have no place in decision-making for the public good; and
To maintain the integrity of Georgia's state government, those entrusted with authority must exercise it for the good of the public; and
The State of Georgia is committed to the responsible exercise of authority by persons of honor and good will in their government, by adopting an ethics policy LO prc\cnt all forms of impropriety. threats. fav.oritism, and undue iniluence;
NOW, THEREFORE, BY THE POWER VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY
That an ETHICS IN GOVERNMENT POLICY for employees of the Executive Branch of the State is hereby established to encourage a commitment of fidelity to the public interest for the people of Georgia.

IT IS FURTHER
ORDERED:
Section 1. Persons Subject to this Executive Order
The following persons are subject to this Executive Order:
a. All employees in the Governor s Office and the Office of the Governor.
b. The heads of all State agencies who are appointed by the Governor.
c. Any other employees of State departments, boards, bureaus, agencies, commissions, councils, authorities, corporations, entities or instrumentalities of any kind, except those entities headed by an elected official other than the Governor, and others as may be designated by the Governor, to the extent such designation does not conflict with Georgia law.
Section 2. Rules of Conduct for Employees of the Executive Branch of the State
Employees of the State shall perform their official duties in a manner to promote the best interest of the public. To help ensure the proper performance of their duties, the following Rules of Conduct are adopted.
a. Reporting and Prohibited Receipt of Gifts by State Employees
1. As used in this order:
(a) `&Lobbyist" means the definition as used in O.C.G.A. Section 2 l-5-70 (6).
(b) "Gift" means a gratuity, subscription, membership, trip, meal, loan, extension of credit. forgiveness of debt. advance or deposit of money, or anything of value. A thing of value shall not include:
(A) Food or beverage consumed at a single meal or event;
(B) Legitimate salary, benetits. fees. commissions. or expenses associated with a recipient's nonpublic business, employment, trade, or profession;
(C) An award. plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, or public service;
(D) Food, beverages, and registration at group events to which all members of an agency are invited;
(E) Actual and reasonable expenses for food, beverages, travel, lodging, and registration for a meeting in furtherance of his or her official or professional

duties which are provided to permit participation or speaking at the meeting, provided that such meeting has been approved in writing by the Agency Head or, in the case of the Governor's Office and the Office of the Governor, by the Executive Counsel;
(F) Promotional items generally distributed to the general public;
(G) A gift from a member of the employees' family or from a personal friend of the employee who is not a lobbyist or from a personal friend of the employee who is not a "vendor" as defined in O.C.G.A. Section 45-l-6; or
(H) Food, beverage, or expenses afforded appointed officials and employees of the state, members of their immediate families, or others that are associated with normal and customary business or social functions or activities.
(c) "Person" means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons.
(d) "Employee" means every person employed by the Executive Branch of State government or any department, board, commission, or authority thereof.
2. (a) An employee of the Executive Branch of the State or any other person on his or her behalf is prohibited from knowingly accepting, directly or indirectly, a gift from any person. lobbyist, or political committee. If a gift has been accepted, it must be either returned to the donor or transferred to a charitable organization. However, a gift may be accepted by an employee on behalf of a governmental entity. If the gift is accepted on behalf of the governmental entity or charitable organization, the person receiving the gift shall not maintain custody of the gift for any period of time beyond that reasonably necessary to arrange for the transfer of custody and ownership of the gift.
(b) Any employee of the Executive Branch of the State who accepts a gift on behalf of a governmental entity or charitable organization, must file a report on the last day of each quarter, for the previous calendar quarter in which a reportable gift is made. The report shall be filed with the Agency Head and in the case of the Governor's Office and Office of the Governor. with the Executive Counsel. The report must contain a description of each gift, the monetary value thereof. the name and address of the person making such gift, the name and address of the recipient of the gift, and the date such gift is given. In addition, when a gift is made which requires the filing of a report under this subsection, the recipient, or another on his or her behalf. must notify the intended donor at the time the gift is made that the recipient will report the gift under this subsection. Under this paragraph, a gift need not be reported by more than one person or entity.
3. (a) If the gift is accepted on behalf of a governmental entity or a charitable organization, the value of the gift provided to the employee shall be determined using actual cost to the donor, less taxes and gratuities, and with respect to personal services provide by the donor,

the reasonable and customary charge regularly charged for such service in the community in which the service is provided shall be used.
(b) If the actual gift value attributable to individual participants in an event cannot be determined, the total cost shall be prorated among all invited persons, whether or not they are employees of the state.
(c) Transportation shall be valued on a round-trip basis unless only one-way transportation is provided. Round-trip transportation expenses shall be considered a single gift.
(d) Lodging provided on consecutive days shall be considered a single gift.
(e) Membership dues paid to an organization during any 12-month period shall be considered a single gift.
(I) Entrance fees, admission fees, or tickets shall be valued at the face value of the ticket or fee, or on a daily or per event basis, whichever is greater.
(g) Except as 0therwise specified in this section, a gift shall be valued on a per occurrence basis.
(h) The value of the gift of an admission ticket shall not include that portion of the cost which represents a charitable contribution, if the gift is provided by the charitable organization.
4. The provisions of this section do not apply to gifts solicited or accepted by employees of the state from a relative or personal friend, who is not a lobbyist and who is not a "vendor" as defined in O.C.G.A. Section 45-l-6.
b. Conflict of Interest
1. An employee of the Executive Branch of the State shall not knowingly use his or her position in any manner which will result in financial benefit, direct or indirect, to the employee, the employee's family, or an individual with whom or business with which the employee is associated.
(a) This provision shall not apply to financial and other benefits derived by an employee of the Executive Branch of the State that he or she would enjoy to an extent no greater than that to which other citizens of Georgia would or could enjoy.
(b) This provision shall not apply to financial and other benefits rightfully gained by an employee of the Executive Branch of the State pursuant to the proper performance of his or her official duties of State employment.

2. An employee of the State shall not directly or knowingly ask, accept, demand, extract, solicit. seek, assign or receive anything of value for himself or herself or for another person in return for being influenced in the discharge of his or her official responsibilities.
3. An employee of the Executive Branch of the State shall not solicit or receive personal financial gain, other than that received by the employee from the State for acting in his or her official capacity, for advice or assistance given in the course of carrying out the employee's official duties.
4. An employee of the Executive Branch of the State shall not disclose information gained in the course of, or by reason of, his or her official responsibilities in a way that would affect a personal financial interest of the employee, a member of the employee s family, or a person with whom or business with which the employee is associated.
5. An employee of the Executive Branch of the State shall not cause the employment, appointment, promotion, transfer, or advancement of a family member to a State position which the employee directly supervises or manages. An employee shall not participate in an action relating to the disciplining of a member of the employee's family.
c. Appearance of Conflict
1. An employee of the Executive Branch of the State shall make every effort to avoid even the appearance of a conflict of interest. An appearance of conflict exists when a reasonable person would conclude from the circumstances that the employee's ability to protect the public interest, or perform public duties, is compromised by personal interests. An appearance of conflict could exist even in the absence of a true conflict of interest.
2. An employee of the Executive Branch of the State shall recuse himself or herself from any proceeding in which the employee's impartiality might reasonably be questioned due to the employee's personal or financial relationship with a participant in the proceeding. A "participant" includes, but is not limited to, an owner, shareholder, partner, employee, or agent of a business entity involved in the proceeding. If the employee is uncertain whether the relationship justifies recusal, then the employee shall disclose the relationship to the person presiding over the proceeding. The presiding officer shall determine the extent to which, if any, the employee will be permitted to participate. If the affected employee is the person presiding, then the vice chair or such other substitute presiding officer shall make the determination.
d. Other Rules of Conduct
1. The Agency Head shall make a due and diligent effort before taking any action to determine whether he or she has a conflict of interest or appearance of conflict.
2. The Agency Head shall continually monitor, evaluate, and manage his or her personal, financial, and professional affairs to ensure the absence of conflicts of interests and appearance of conflicts.

3. An employee shall obey ail other civil, administrative and criminal statutes.
4. The State Agency shall provide a copy of this Order to its employees.
Section 4. Sanctions
The failure of any employee of the Governor's Office, Office of the Governor, or Agency Head to comply with this Order may subject him or her to disciplinary action as allowed by Georgia law, including termination from employment. The Agency Head of the Agency in which the employee works shall determine whether and what disciplinary action shall be taken.
ORDERED: This 12th day of January, 1999.

Ad_I JK ATTEST:
Executive Secretary

Governor