CITY OF ATLANTA ‘sna ingen tac Ot ITUATA econo 35032 pao es ‘ee None rc too anesse ‘ciirSlnsaare ‘Cot gn Cero resco esb207 April3, 2015 The Honorable Keisha Lence Botoms, ‘ouncil Member, Distt 11 38 Mitchell Steet, 4" Floor ‘Atlanta, Georgia 90303 SUBJECT: Api 1, 2015 Request fr Ethics Opinion ear Counc Member Bottoms: |-am wetting this letter n response to your request for an ethics opinion regarding the ‘ollowing question: Would siting member of he Alanta City Counci's appointment and service as Iter Executive Director, and potentialy, permanent Executive Director ofthe City of Allan and Futlon County Recreation Authorty constitute e per se confit of interest under the City's Ethics Code? concLusion: My review ofthe Code indicates that there is no per se crf of interest under the City’s Ethics Code that would prohibit this appointment. ANALYSIS: ‘The Atlanta Fulton Country Recteaton Authodty CAFCRA isan entity created by an actof the Georgia General Assembly in 1960. It was created and authored to obtain, construc, equ, aimsintain and operate sports end recreation facies; acquire, lease and sell property; and issue ‘avenue bonde or oigatons, Purevan to Ace IV ofthe Bjtawe ofthe AEGRA, the board ie ‘composed of rine (0) members: sx (6) of these members are appointed by the Mayor ofthe Cy of Aianta and three (3) are appointed bythe Fulton County Board of Commissioners. The ‘AFRCA Board tires and determines the tems of employment of an Executive Director, who is ‘esponsibe forthe day-to-day operation of AFCRA. Funding for the AFCRA Is derive from th revenue generated by the properties which are ‘overseen by the Authority. (Ga. L. 1998, .3791 Section 25) Tere s no ety funding provided forthe operations ofthe AFCRA with the exception of occasional fees derived from the issuance sf revenue bonds on the Cys behalf. (Ga. L 1957, .761 ef seq}) The AFRCA issues revenue bonds for which it can serve asa condult borrower forthe City othe County, In those tfansactone, the AFRCA receives feos from the borrowers, Adkitonal, nether the Mayor nor the City Counc is involved inthe day-to-day operations of AFCRA , which includes the hing snd supervision ofits Executive Director. Aso, neither the City nor the Mayor approves the budget of this entity The provision ofthe Ethics Cade that may be implicated in tis scenario i Section 2-620(6) “which states the flowing: 'No ofcil or employee shall engage in ar accept private employment or render services ‘brprvate interests when such employment or service fs adverse to and incampatbe wih the Proper discharge of offal dues ofthe oficial or employee. | careful evaluation ofthe sctvties and interests ofthe AFCRA ard the Cty of Atlanta does rot reveal a patent or per se confit ofthe interest between these two entities that would Fohibt a siting Cty Council member fom serving as Executive Director of AFCRA. On the {ccasions that matters involving AFCA would come before the Gity Council fora vote, the City Council member wha serves ae Executive Director would need to disclose the potential conflict, ¢finterest,refran from participating in any discussion or recuse oneself rom the vote. See Section 2-812(a) ofthe Allanta Code of thie, “This stuation is cstinguiahable from the situations contemplated by the Alanta Charter and Code of Ordinances which requires a one year “cooing off” period between the time a former ‘elected official can serve as an employee ofthe City, unless waived by a % vote ofthe City Counel, See Section 5-404 ofthe Charer. Addionaly, AFCRA difers from the lana Development Authority, now known as Invest Ata, that although invest Atanta is an suthoriy, it exists solely forthe purpose of carrying out economic development actives on tehalf ofthe ety. Also Invest Allan is largely funded by the Cy Although the Ethics Code may not prohibit a siting Council member from serving as Executive Director of AFCRA, a complete ethical anaiysis ofthis Ssue requires the Counel person a8 well 2 the AFCRA Board to evaluate whether this arrangement creates an appearance of impropriety or causes a reasonable taxpayer to question whether the interest ofa Counc! Member serving in his poston impairs that persons ably to act nthe best intrest of the City. “The Ethics Code does not specifically regulate “appearances of mpropily” Sincerely, Yc) RAshan) Nina R. Hiekson, Ethics Officer