2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 10 - Codes of Ethics and Conflicts of Interest
Article 2 - Conflicts of Interest
Part 1 - General Provisions
§ 45-10-22. Full-Time Public Officials With State-Wide Powers Prohibitions; Public Officials or Employees With Limited Powers Prohibitions
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- It shall be unlawful for any full-time public official who has state-wide powers, for himself or on behalf of any business, or for any business in which such public official or member of his family has a substantial interest to transact any business with any agency.
- It shall be unlawful for any public official who has limited powers, for himself or on behalf of any business, or for any business in which such public official or member of his family has a substantial interest to transact any business with the agency for which such public official serves.
- The provisions of paragraph (1) of subsection (a) of this Code section shall not apply to:
- Any transaction made pursuant to sealed competitive bids;
- Any transaction when the amount of a single transaction does not exceed $250.00 and when the aggregate of all such transactions does not exceed $9,000.00 per calendar year; and
- Any transaction involving the lease of real property to or from any agency if such transaction has been approved by the State Properties Commission or the Space Management Division of the Department of Administrative Services.
- Any person who knowingly violates subsection (a) of this Code section shall be subject to the penalties provided for in Code Section 45-10-28.
(Code 1981, §45-10-22, enacted by Ga. L. 1983, p. 1326, § 1; Ga. L. 1984, p. 1337, § 2.)
Law reviews.- For article, "Conflicts of Interests of Public Officers and Employees," see 13 Ga. St. B.J. 64 (1976).
OPINIONS OF THE ATTORNEY GENERAL
Commission member transacting business with commission.
- It would be an impermissible conflict of interest for an attorney member of the State Ethics Commission, any business on whose behalf a commissioner is acting, or any business in which the member or a member of his or her family owns a substantial interest, to transact business with a state agency other that the commission if the work is directly or indirectly for the benefit of the commission. 2002 Op. Att'y Gen. No. 2002-4.
State board member who is Medicaid provider.- The only time a conflict of interest would occur for a state board member who is a Medicaid provider but who does not have "state-wide powers" would be if such individual was a member of the Board of Medical Assistance (now Board of Community Health), which is authorized to establish the policy for the Department of Medical Assistance (now Department of Community Health). 1983 Op. Att'y Gen. No. U83-48.
Authority member's company contracting with another state agency.- A transaction between the Department of Transportation and a construction business whose president/owner is also a member of the Georgia Ports Authority would not constitute a conflict of interest under state law unless the transaction is for the benefit of the Georgia Ports Authority in which case a conflict of interest would exist. 1983 Op. Att'y Gen. No. U83-56.
State Transportation Board member.- No conflict of interest exists under current state law if the firm of a member of the State Transportation Board performs work for another governmental entity unless the work is directly or indirectly for the benefit of the Georgia Department of Transportation. 1991 Op. Att'y Gen. No. U91-13.
Contract by state with board member's brothers not conflict.- No conflict of interest would occur by brothers of a member of the Board of Offender Rehabilitation bidding upon and receiving contracts to sell meat to Central State Hospital or any other state agency when each brother's business is completely separate and distinct from the board member's, and that the board member holds no interest in the brothers' businesses. 1984 Op. Att'y Gen. No. 84-18.
Business acquiring property from state department.- There is no conflict of interest or violation of the applicable Code of Ethics for a member of the Board of Natural Resources to transact business with a corporation which has acquired from the State of Georgia real property previously within the custody and control of the Department of Natural Resources. 1988 Op. Att'y Gen. No. 88-4.
Board member's contract with another department to supply board's department is conflict.- A conflict of interest would arise if a member of the Board of Offender Rehabilitation sought to contract with the Department of Human Resources for the supply of meat when a portion of that meat would be used under the contract between the Department of Human Resources and the Department of Offender Rehabilitation for supplying meals to the Department of Offender Rehabilitation's staff and inmates. 1984 Op. Att'y Gen. No. 84-18.
Member of Board of Regents of University System.- Business transactions between any member of the Board of Regents and the University System of Georgia are prohibited absent a statutory exception permitting the transaction, and then only if there is no common law conflict creating a breach of the member's constitutional fiduciary duty. 2004 Op. Att'y Gen. No. 2004-7.
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Public Officers and Employees, § 252 et seq.
C.J.S.- 67 C.J.S., Officers and Public Employees, §§ 102, 103.
ALR.
- Liability of public officer or his bond for the defaults and misfeasances of his clerks, assistants, or deputies, 1 A.L.R. 222; 102 A.L.R. 174; 116 A.L.R. 1064; 71 A.L.R.2d 1140.
