Implementing Required Changes
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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. Alternate Forms of Membership and Governance 11 2. Types of Members 11
(a) Initial Members 11 (b) Optional Member 17 (c) Members Who Are Elected or Appointed Officials 18
3. Member Diversity 20 4. Persons Ineligible to Serve on a CSB Governing Board 20 5. Transitioning of Board Membership from FY 2014 to FY 2015 and 21 Beyond
E. Changes Affecting Executive Directors and Employees 24
1. Selection and Compensation of Executive Director 24 2. Code of Ethics for Employees 24 3. Template for Code of Ethics for Employees 25
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 30 Developmental Disabilities
APPENDIX: OGCA §§§ 45-10-3; 45-10-21; and 45-10-25 31
2 List of Tables
Table Title Page
1. Comparison of the Provisions of OCGA Title 37 Relating to 5 Community Service Boards Before and After Enactment of SB 349
2. Community Service Board Areas Where County Population 12 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
3. Community Service Board Areas Reducing the Number of Board 14 Members and the Number of Elected or Appointed Officials Added to the Board Membership
4. Community Service Board Areas Where the Number of Board 15 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
5. Community Service Boards Serving one County with Insufficient 16 Population to yield Seven Members and the Number of Elected or Appointed Officials Added to the Board Membership
6. Community Service Boards Serving One County with a Population 17 that yields More than Nine Members and the Number of Elected or Appointed Officials Added to the Board Membership
7. Converting a Thirteen Member CSB Governing Board to a Nine 22 Member Board Over Three State Fiscal Years
8. Population Diversity Characteristics in Index Community Service 23 Board Area Before and Upon Completion of Board Membership Transition
3 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.
4 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 Senate Bill 349 introduced and assigned to Senate Health and Human Services Committee February 11, 2014 Bill favorably reported by committee substitute by the Senate Health and Human Services Committee February 18, 2014 Bill adopted by the Senate February 19, 2014 Bill assigned to the House Government Affairs Committee March 5, 2014 Bill favorably reported by the House Governmental Affairs Committee March 10, 2014 House adopts Senate Bill 349 April 16, 2014 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.
5 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.
1 37-1-20(5) Provides DBHDD with authority to Power to contract includes 42 contract for services with CSBs and “performance based contracts which other entities. may include financial incentives or consequences based on the results achieved by a contractor as measured by output, quality, or outcome measures.”
2 37-1-20(25) New paragraph (25) provided 131 DBHDD with power to establish “policies and procedures governing fiscal standards and practices of community service boards and their respective governing boards.”
3 37-2-2(5) New paragraph (5) provides a 150 definition of “governing board” as the governing board of a community service board.
4 37-2-3(b) Permits DBHDD to redesignate two Removes the “contiguous” 174 or more contiguous CSB areas into a requirement, and makes clarifying single CSB area. modifications to language relating to two or more CSBs requesting their CSB areas be merged.
5 37-2-3I Requires boundaries of regional Removes language prohibiting 187 planning boards and offices and regional and CSB area boundaries not boundaries of CSB area not conflict conflict with public health or state with public health districts and state health planning districts. planning districts for health services.
6 37-2-(6)(b)(1)(B) In CSB areas with 13 or fewer In CSB areas with 9 or fewer counties, 234 (i) counties, the number of members of the number of members of a CSB a CSB governing board is set at 13. governing board is set at 9.
7 37-2-6(b)(1)(B)(ii) In CSB areas with more than 13 In CSB areas with more than 9 244 counties, the number of members of counties, the number of members of a a CSB governing board is set at a CSB governing board is set at a number equal to the number of number equal to the number of counties in the CSB area. counties in the CSB area.
6 8 37-2-6(b)(1)(B) A county governing authority “shall Remove the requirement that a 250 appoint at least one of its psychiatrist or psychologist be a child appointments . . . a child psychiatrist or child psychologist and psychiatrist, a child adds language including “or other psychologist . . .” behavioral health or developmental disabilities professional; law enforcement officer; . . . “
9 37-2-6(b)(2) A CSB may appoint up to 3 A CSB may appoint 1 additional 258 additional governing board governing board member to address members to address variations in variations in county population size county population size and financial and financial contributions to the contributions to the CSB. The term CSB. The term of office of the of office of these optional members optional member shall be the same as shall be the same as the term of the term of office of other board office of other board members. The members. Removes the option to CEO or another elected member of a appoint the CEO or another elected county governing authority could be member of a county governing appointed to one or more of the authority to the one optional positions optional positions serving a term of office concurrent with the elected term of office
10 37-2-6(b)(3) Each CSB governing board shall have 275 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.
One appointment is made by the governing authority of each county arranged in descending order from those making the largest cash or in- kind 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.
7 11 37-2-6(b)(4) In 2006, when the statute was last Beginning with July 1, 2014, the same 349 revised there was a provision for a provisions exist to permit current CSB to revise its bylaws to provide members on boards reducing the for current members on boards number of members to serve out their reducing the number of members to terms of office before a board member serve out their terms of office before position could be eliminated to meet a board member position could be the new required number of eliminate to meet the new required memberships. number of memberships.
12 37-2-6(b)(5)(ii) Prohibited an employee or board Removes the prohibition against 381 member of a public or private entity employees or board member of that contracts with the Department entities that contract with DHS, DPH, of Behavioral Health and or DCH. Removes “health services” Developmental Disabilities, and changes “region” to “the Department of Human Services community service board area served (DHS), the Department of Public by that community service board.” 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.
13 37-2-6(b)(5)(iv) Prohibits a former employee of a CSB 389 from serving on the governing board of that CSB until 2 years have passed since the time such person was employed by that CSB.
14 37-2-6(b.1) Provides that a county governing Removes the school superintendent, a 407 authority may appoint the school member of the board of education, or superintendent, a member of the any other elected or appointed official county board of health, a member of in that these officials are now to be the board of education, or any other appointed under the provision related elected or appointed official to elected or appointed officials. provided the appointment does not violate Chapter 10 of Title 45, related to conflicts of interest.
15 37-2-6(i) Provides that no CSB governing Changes the minimum number to 7 523 board serving a CSB area with only and the maximum number to 9. (This one county shall have less than 6 or provision only affects the Clayton more than 13 members, not CSB and the DeKalb CSB.) including the one optional member or the elected or appointed official added to the board.
16 37-2-6(j) This subsection relates to protection Adds CSB governing board members 530 of CSB employees who are to persons who cannot take action whistleblowers and report fraud, against a whistleblower waste, and abuse.
17 37-2-6(k) This subsection provides for Clarifies “member” as meaning 541 removal of a CSB member who fails “governing board member.” The to complete training required by removal power here may not be DBHDD. applicable when the membership of a CSB governing board is the membership of a county board of health.
8 18 37-2-6(n) New subsection requiring CSB 559 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.
19 37-2-6(o) New subsection relating to conflicts of 567 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.
20 37-2-6.1(a) Power of the CSB to appoint and A CSB shall appoint an executive 623 remove its executive director. 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.
21 37-2-6.1(a)(1) New Code paragraph requiring the 642 CSB governing board to establish a code of ethics for its executive director and any full-time or part-time employees.
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 45-10- 23 unless permitted in OCGA 45-10- 25.
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.”
9 22 37-2-6.1(b)(1) Permits CSBs to adopt bylaws “for Requires the governing boards of the 658 the conduct of its affairs.” CSBs to adopt bylaws for the conduct of its affairs “and the affairs of their respective community service boards.”
23 37-2-6.1(b)(2) New paragraph requiring CSB 663 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.
24 37-2-6.1(b)(3) New paragraph requiring each CSB to 667 “provide an adequate range of disability services as prescribed by” DBHDD.
25 37-2-6.l (b)(11) Power of a CSB to establish fees for Add language stipulating that all “fees 704 services. 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.”
26 37-2-6.1(i) Requires CSB to keep books of Requires CSB and any entity created 789 account “which shall be audited by a CSB “pursuant to subsection (j)” annually.” 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,
27 37-2-6.1(j) Permits CSBs to create, form or Requires CSB to obtain permission of 803 become a member of a nonprofit DBHDD commissioner before corporation, limited liability creating, forming or becoming a company, or other nonprofit entity. 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.
28 37-2-6.3I New subsection prohibiting a CSB 857 and its governing board “from bringing any action against the state.”
10 29 37-2-6.5(b)(2) This relates to what happens when a Removes the word “adjacent.” 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.
30 37-2-10(b)(1) This is an option related to the Add a provision that the CSB DBHDD commissioner’s governing board is dissolved. 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.
31 37-2-10I(1) Power related to the DBHDD Removes “in extenuating 906 commissioner’s appointing a circumstances” as a condition for the manager or management team to exercise of these emergency powers. operate a CSB with the approval of the Governor in an emergency.
32 37-2-10I(2) Add provision that in such an 928 emergency the governing board of the CSB “shall be immediately suspended.”
33 37-2-10I(5) New paragraph granting immunity 960 from liability of any manager or management team appointed by the commissioner to operate a CSB in an emergency.
11 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 § 37- 2-6(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
12 (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.
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) (2) (3) (4) (5) (6) No. Counties 2010 Census Number of Number of Board Additional Number Board Members as members as of of Elected/Appointed of June 30, 2014 July 1, 2014 officials 1 Aspire 181,135 9 9 3 (1) Baker 3,451 1 1 (2) Calhoun 6,694 1 1 (3) Dougherty 94,565 2 2 (4) Early 11,008 1 1 (5) Lee 28,298 1 1 (6) Miller 6,125 1 1 (7) Terrell 9,315 1 1 (8) Worth 21,679 1 1
2 Georgia Pines 174,298 6 6 2 (1) Colquitt 45,498 1 1 (2) Decatur 27,842 1 1 (3) Grady 25,011 1 1 (4) Mitchell 23,498 1 1 (5) Seminole 8,729 1 1 (6) Thomas 44,720 1 1
3 Lookout Mountain 175,346 6 6 2 (1) Catoosa 63,942 2 2 (2) Chattooga 26,015 1 1 (3) Dade 16,633 1 1 (4) Walker 68,756 2 2
4 Middle Flint 141,393 8 8 3 (1) Crisp 23,439 1 1 (2) Dooley 14,918 1 1 (3) Macon 14,740 1 1 (4) Marion 8,742 1 1 (5) Schley 5,010 1 1 (6) Sumter 32,819 1 1 (7) Taylor 8,906 1 1 (8) Webster 2,799 1 1
13 5 Oconee 121,017 6 6 2 (1) Baldwin 45,720 1 1 (2) Hancock 9,429 1 1 (3) Jasper 13,900 1 1 (4) Putnam 21,218 1 1 (5) Washington 21,187 1 1 (6) Wilkinson 9,563 1 1
6 Ogeechee 88,859 6 6 2 (1) Burke 23,316 1 1 (2) Emmanuel 22,598 1 1 (3) Glascock 3,082 1 1 (4) Jefferson 16,930 1 1 (5) Jenkins 8,340 1 1 (6) Screven 14,593 1 1
7 Pathways 338,604 9 9 3 (1) Carroll 110,527 3 3 (2) Coweta 127,317 3 3 (3) Heard 11,834 1 1 (4) Meriwether 21,882 1 1 (5) Troup 67,044 2 2
8 Phoenix 180,225 5 5 2 (1) Crawford 12,630 1 1 (2) Houston 139,900 3 3 (3) Peach 27,695 1 1
9 Pineland 208,361 9 9 3 (1) Appling 18,236 1 1 (2) Bulloch 70,217 2 2 (3) Candler 10,998 1 1 (4) Evans 11,000 1 1 (5) Jeff Davis 15,068 1 1 (6) Tattnall 25,520 1 1 (7) Toombs 27,223 1 1 (8) Wayne 30,099 1 1
10 River Edge 219,663 7 7 2 (1) Bibb 155,547 4 4 (2) Jones 28,669 1 1 (3) Monroe 26,424 1 1 (4) Twiggs 9,023 1 1
11 Unison 154,277 8 8 3 (1) Atkinson 8,375 1 1 (2) Bacon 11,096 1 1 (3) Brantley 18,411 1 1 (4) Charlton 12,171 1 1 (5) Clinch 6,798 1 1 (6) Coffee 42,356 1 1 (7) Pierce 18,758 1 1 (8) Ware 36,312 1 1
(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
14 determined by using an alternative method so that the number of governing board members is capped at nine (9). 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) (2) (3) (4) (5) (6) No. Counties 2010 Census Number of Number of Board Additional Number of Board Members as Members as of Elected/Appointed of June 30, 2014 July 1, 2014 Officials 1 Gateway 370,000 13 9 3 (1) Bryan 30,233 1 1 (2) Camden 50,513 2 1 (3) Chatham 265,128 2 2 (4) Effingham 52,250 2 1 (5) Glynn 79,626 2 1 (6) Liberty 63,453 2 1 (7) Long 14,464 1 1 (8) McIntosh 14,333 1 1
2 McIntosh Trail 461,556 13 9 3 (1) Butts 23,655 2 1 (2) Fayette 106,567 2 2 (3) Henry 203,922 2 2 (4) Lamar 18,317 2 1 (5) Pike 17,869 1 1 (6) Spalding 64,073 2 1 (7) Upson 27,153 2 1
3 New Horizons 259,513 11 9 3 (1) Chattahoochee 11,267 1 1 (2) Clay 3,183 1 1 (3) Harris 32,024 1 1 (4) Muscogee 189,885 4 2 (5) Quitman 2,513 1 1 (6) Randolph 7,719 1 1 (7) Stewart 6,058 1 1 (8) Talbot 6,865 1 1
4 Serenity 372,617 13 9 3 (1) Columbia 124,053 3 2 (2) Lincoln 7,996 1 1 (3) McDuffee 21,875 1 1 (4) Richmond 200,549 5 2 (5) Taliaferro 1,717 1 1 (6) Warren 5,834 1 1
15 (7) Wilkes 10,593 1 1
5 View Point 13 9 3 (1) Gwinnett 805,321 5 3 (2) Newton 99,958 4 3 (3) Rockdale 85,215 4 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) (2) (3) (4) (5) (6) No. Counties 2010 Census Number of Number of Board Additional Number of Board Members as Members as of Elected/Appointed of June 30, 2014 July 1, 2014 Officials 1 Advantage 460,189 13 10 3 (1) Barrow 69,367 2 1 (2) Clarke 116,714 2 1 (3) Elbert 20,166 1 1 (4) Green 15,994 1 1 (5) Jackson 60,485 1 1 (6) Madison 28,120 1 1 (7) Morgan 17,868 1 1 (8) Oconee 32,808 1 1 (9) Oglethorpe 14,899 1 1 (10) Walton 83,768 2 1
2 Avita 617,646 13 13 4 (1) Banks 18,395 1 1 (2) Dawson 22,330 1 1 (3) Forsyth 175,511 1 1 (4) Franklin 22,084 1 1 (5) Habersham 43,041 1 1 (6) Hall 179,684 1 1 (7) Hart 25,213 1 1 (8) Lumpkin 29,966 1 1 (9) Rabun 16,276 1 1 (10) Stephens 26,175 1 1 (11) Towns 10,471 1 1 (12) Union 21,356 1 1 (13) White 27,144 1 1
3 Highland Rivers 902,217 13 12 4 (1) Bartow 100,157 1 1 (2) Cherokee 214,346 2 1
16 (3) Fannin 23,682 1 1 (4) Floyd 96,317 1 1 (5) Gilmer 28,292 1 1 (6) Gordon 55,186 1 1 (7) Haralson 28,780 1 1 (8) Murray 39,628 1 1 (9) Paulding 142,324 1 1 (10) Pickens 29,431 1 1 (11) Polk 41,475 1 1 (12) Whitfield 102,599 1 1
4 South Georgia 260,545 12 10 3 (1) Ben Hill 17,634 1 1 (2) Berrien 19,286 1 1 (3) Brooks 16,243 1 1 (4) Cook 17,212 1 1 (5) Echols 4,034 1 1 (6) Irwin 9,538 1 1 (7) Lamar 18,317 1 1 (8) Lowndes 109,233 3 1 (9) Tift 40.118 1 1 (10) Turner 8,930 1 1
(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 Number of Number of Board Additional Number of Board Members as Members as of Elected/Appointed Officials of June 30, 2014 July 1, 2014 1 Clayton 259,424 6 7 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.
17 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 Number of Number of Board Additional Number of Board Members as Members as of Elected/Appointed Officials of June 30, 2014 July 1, 2014 1 DeKalb 691.893 13 9 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.
18 (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.
19 There are fourteen (14) community service boards that will add three (3) additional members who are elected or appointed officials: Advantage, Aspire, DeKalb, Gateway, 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:
20 “ 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.”
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:
21 (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)]
(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;
22 (3) Gateway – 4;
(4) Highland Rivers – 1;
(5) McIntosh Trail – 4;
(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) (2) (3) (4) (5) (6) (7) (8) (9) (10) Old Incumbent County As of July 1, New Date Position Transition Term Next New Term no. Member 2014, Current No. Eliminated Term Ends Length Three Year Length Term Expires in Yrs Term Ends in Yrs 1 Dr. Ford Adams June 30, 2016 1 June 30, 2019 3 2 Mr. Bearden Tyler June 30, 2014 2 June 30, 2015 1 June 30, 2018 3 3 Ms. Levi Buchanan June 30, 2016 3 June 30, 2019 3 4 Mr. Citron Grant June 30, 2015 4 June 30, 2018 3 5 Mr. Richey Hayes June 30, 2016 5 June 30, 2019 3 6 Mr. Singleton Hayes June 30, 2014 June 30, 2014 7 Ms. Hicks-Hill Arthur June 30, 2015 6 June 30, 2018 3 8 Dr. Cheever Garfield June 30, 2014 June 30, 2014 9 Dr. Harris Garfield June 30, 2015 June 30, 2015 10 Ms. Whitfield Garfield June 30, 2016 7 June 30, 2017 1 June 30, 2020 3 11 Ms. Forbes Cleveland June 30, 2014 June 30, 2014 12 Ms. DiPolito Cleveland June 30, 2016 8 June 30, 2017 1 June 30, 2020 3 13 Mr. Sofferin Wilson June 30, 2014 9 June 30, 2017 3 June 30, 2020 3
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
23 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 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) (2) (3) (4) (5) (6) Characteristic Before Percent* After Percent* Should Be (13) (9) Males 6 46 5 55 4 Females 7 54 4 45 5
African-American 6 46 3 33 4 White 7 54 6 66 5
Consumer/Family 7 50 + 5 50 + 5 MH Rep 3 17 2 17 2 DD Rep 2 17 2 17 2 AD Rep 1 16 1 16 1 *Percentages reflect percentages in CSB area population according to the 2010 Census
24 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.
25 3. Template for a Code of Ethics for Employees
Template Code of Ethics and Conduct
I. 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.
II. 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.
III. 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.
IV. 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.
26 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.
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.
V. 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.
VI. 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.
VII. Acknowledgement by Employee
Signed statement indicating employee has read and understands the Code’s provisions and that compliance is a condition of continued employment.
27 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.
28 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.
29 6. Approve the creation of any nonprofit entity established by the community service board.
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.
30 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.
31 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.
32 (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 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 33 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 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;
34 (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;
(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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