These rules provide a summary of the appeals process. Persons who file an appeal need to read the full text of Board Rule 7 and review the flow chart on the enforcement process.
1. Right to review. Any person who is found delinquent or owes a late filing penalty in connection with the filing of an annual financial disclosure statement may seek review of that decision in an administrative hearing.
2. How seek review. The request for administrative review must be filed on a form provided by the Ethics Office within 30 days of the date the filer is notified that he or she is delinquent or owes a late filing penalty. The request must state the reasons for the individual’s failure to comply with the financial disclosure requirements and the relief sought.
3. Financial disclosure filing required. The official or employee must file that year’s annual city financial disclosure statement to be entitled to an administrative hearing.
4. Administrative hearing. The Ethics Officer shall conduct a hearing and grant relief if the person establishes good cause for his or her failure to comply with the financial disclosure requirements. Following the hearing, the Ethics Officer shall issue a written decision that sets out findings of fact and conclusions of law.
5. Appeal to Board. The city official or employee has the right to appeal the Ethics Officer’s decision to the Board of Ethics. A written notice of appeal must be filed within 30 days of the written decision on a form provided by the Ethics Office. The appeal shall state the reasons that the Board should reverse the decision.
6. Standard for Board review. The Board of Ethics will review the appeal based on the written record and overturn the factual findings of the Ethics Officer only if the Board concludes that the Ethics Officer acted unreasonably, arbitrarily, or capaciously. The Board shall base its decisions on the preponderance of the evidence standard.
7. Penalties. The Board may recommend to the appointing authority the removal from office of any board member, hearing officer, or NPU officer who is found delinquent for failing to comply with the city’s financial disclosure requirements. The Board may impose any other penalty as provided in the Code of Ethics.
8. Who notified about penalty. The Ethics Officer shall communicate any penalty that the Board imposes on any employee to the employee’s department head and Commissioner of Human Resources, any penalty imposed on a board member or hearing officer to the appointing authority, and any penalty imposed on a neighborhood planning unit officer to the Commissioner of Planning and Community Development, the NPU coordinator, and the officers of that NPU.
9. Review by writ of certiorari. The decision of the Board of Ethics shall be final. The proceeding shall be subject to review by writ of certiorari to the Fulton County Superior Court.