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ADVISORY OPINIONS


Advice
Index of Opinions by Code Section
Index of Opinions by Subject
Pending Questions



Formal Advisory Opinions

The Code of Ethics gives the Board of Ethics the authority to render advisory opinions interpreting the code.  City officials, city employees, and members of city boards and commissions may request in writing an opinion based on real or hypothetical circumstances. Persons who request an opinion and fully disclose all relevant facts may rely on the opinion as a guide to their conduct. 

Summary of Board Opinions

Number

Subject

Opinion Summary

Code  Section 

2003-1 Personal use of city property A city official is not entitled to a reduction or waiver of any rental fee for the personal use of parks property or for the use of any other private person or entity on terms that are not available to the general public 2-811
2003-2 Conflicts of interest Atlanta Development Authority President has no inherent conflict of interest based on his personal and financial interest in a company that may seek to do business with the City of Atlanta 2-812
2-820(a)

2003-3

Personal honorarium

Any personal honorarium from a prohibited source must be returned or delivered to the city’s general fund and publicly disclosed on an online city gift report form

2-817
2-820(e)

2004-1 Official city business City officials and employees are conducting official city business when they act in an official capacity and perform official duties on behalf of the city 2-811
2004-2 Outside employment A city employee may not own a company that provides training to taxi drivers while working as policy analyst to the City Council public safety committee with jurisdiction over the taxicab industry; a vehicle for hire panel member may not work as a trainer for the same company  2-820(a)
2-820(b)
2004-3 Post-employment A former policy analyst to the public safety committee and former vehicles for hire hearing officer are precluded from providing taxi driver training for a year after they leave their city positions 2-810
2004-4 Conflicts of interest & NPU officers An NPU officer who works as a city code enforcement officer has a potential conflict of interest concerning code enforcement matters that come before her NPU, and an NPU officer has an actual conflict of interest in a zoning variance based on his role as the real estate agent for a property owner who opposes the application 2-813

2004-5
Travel exception City officials and employees may not accept expense reimbursements from a prohibited source to travel to another city to review a best-practices program 2-801
2-815
2004-6 Solicitations for charities A city employee may not personally solicit funds from a prohibited source for a charitable or professional organization 2-818

2004-7

Tickets City officials and employees may not accept free tickets to any entertainment or athletic event which are offered due to their position with the city, unless they are performing an official duty at the event 2-816
2004-8 Holiday gifts City officials or employees may accept a gift on behalf of their department if the gift is a perishable item, has a nominal market value, and is shared with public visitors and office employees 2-801
2-817
2005-1 Police auctions No employee, family member, or representative of any employee of the Police Department may participate in police auctions that dispose of property seized 2-812
2-819
2005-2 Employee prizes and awards A city employee may solicit donations for employee awards on behalf of a city agency from anyone who is not a prohibited source or targeted solely because it does business with the city 2-801
2-818
2005-3 Doing business with the City A city employee may provide goods and services to the City only when the business is conducted through sealed competitive bidding or requests for proposal opened and awarded at public meetings  2-820(c)
2005-4 Board members' appearances

City board and commission members may not appear before their own board on behalf of other entities or in the public's interest

2-808
2005-5 Former deputy city attorney A former deputy city attorney may not appear before a city agency for one year or represent a client with a claim against the city during that year unless the claim involves a new matter about which the deputy gained no knowledge while employed with the City 2-810
2005-6 Solicitations for city programs City officials and employees may solicit gifts for city programs from any source, if the fund-raising is for an official city purpose, is part of a broad public appeal, and does not target prohibited sources 2-818
2005-7 Use of city property by candidates City elected officials and city employees may not use city property to promote any candidate for political office, except when the property is made available to all candidates or the general public or the use is trivial 2-811
2006-1 Use of city records A city employee may not use confidential city information acquired in an official capacity to advance the employee’s or another person’s financial or personal interests. 2-819
2006-2 Expense reimbursements City employees may accept reasonable hosting expenses from prohibited sources in four circumstances:  speaking, teaching, participating on a professional or civic panel, and attending a conference 2-801
2-815