SectDraftReZoningA061229

1ARTICLE 3
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2SECTION ? REZONING MATTERS

3(A) THE GEORGIA CONFLICT OF INTEREST IN ZONING ACT (O.C.G.A. § 36-67A)
41) The Georgia Conflict of Interest in Zoning Act (the Act) applies to City matters having to do with
5 rezoningi real property from one zoning classification to another.
6 City Council and Planning Commission members have the responsibility to understand the
7 requirements of the Act. Items 2-5 of this Subsection provide an unofficial summary of the Act.
82) A Council or Planning Commission Member with an interest in a rezoning matter under City
9 consideration must immediately disclose the nature and extent of such interest, in writing, to City
10 Council. A Member has an interest in a rezoning action if the Member knows or reasonably should
11 know that he, she or a family member:
12 a) Has any amount of direct ownership in any real property affected by the action; or
13 b) Has direct ownership of at least 10 percent of the stock or assets of any business entity which
14 has a property interest in any real property affected by the action.
153) A Member with an interest (described in item 2 above) that is direct (not through a family member)
16 must disqualify himself or herself from voting on the matter and take no other action to influence
17 action on the matter. This requirement does not apply to proposed new zoning ordinances or to
18 zoning ordinance amendments that comply with the Master Plan.
194) The Act requires that an applicant for rezoning actionii (and attorneys representing the applicant)
20 disclose in writing campaign contributions made to any member of City Council or the Planning
21 Commission if such contributions aggregately exceed $250 during the two years preceding the
22 application. Disclosure is also required of any opponent of a rezoning, at least five days prior to the
23 first hearing on the rezoning.
245) The Act provides disclosure specifications that must be met.
256) Any person who fails to comply with OCGA 36-67A is guilty of a misdemeanor. Failure by a City
26 Council or Planning Commission member to comply with the requirements of the Act is a violation of
27 this Code.
28(B) CITY OFFICIALS REQUIRED TO DISCLOSURE REPORTABLE CAMPAIGN
29 CONTRIBUTIONS
30This Subsection applies to any City Council or Planning Commission Member who has, to his or her
31knowledge, received a reportable campaign contributioniii from any party involved as applicant or
32opponent in a rezoning matter. If such contributor fails to comply with OCGA 36-67A, the Member must
33disclose the contribution to the presiding officer of his or her City Entity before the matter is considered
34by the Entity. Having a campaign contribution disclosure on file with the City Clerk does not bring a
35zoning action applicant or opponent into compliance with OCGA 36-67.iv
36(C) DISCLOSURES REQUIRED AT PUBLIC HEARINGS
371) If an applicant or opponent in a rezoning matter makes a disclosure required by Subsection A, that
38 disclosure must be stated orally at any public hearing during which the matter is considered.
392) If a City Council or Planning Commission Member makes a disclosure required by Subsection B,
40 that disclosure must be stated orally at any public hearing during which the matter is considered by
41 the Member’s City Entity.
423) A hearing’s presiding official has the responsibility to ensure compliance with this Subsection.
43(D) DUE PROCESS REQUIREMENTS
44The Rules of Due Process (Section ?) apply to any rezoning matter involving an applicant other than
45the City and to any matter requiring the disqualification of a City Council or Planning Commission
46Member (Item 3, Subsection A).

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5i A061229 “Rezoning” is very narrowly defined by GA 36-67A = (9) "Rezoning action" means action by local
6government adopting an amendment to a zoning ordinance which has the effect of rezoning real property from
7one zoning classification to another. .
8ii A061229: “applicant for rezoning action” excludes a City Entity proposing a rezoning action.
9iii A061229: “Reportable campaign contribution” to be defined. = contributions from a party that aggregately
10exceed $250 during the preceding 24 months.
11iv A061229: Tybee’s land use code tries to address this – but it’s very messy and puts no burden on the recipient
12to encourage the contributor to disclose contributions. It’s also confusing as to “speaker” and applicant. What if
13the applicant doesn’t speak?…. It reads:
14 When any person wishes to speak at a public hearing, he shall raise his hand and, after being
15 recognized by the presiding officer, shall stand and give his name, address, and make any comment
16 appropriate to the proposed zoning decision.
17 If within two (2) years immediately preceding the filing of the applicant's application for a zoning action,
18 the speaker has made campaign contributions aggregating to more than $250 to any member of the
19 Mayor and Council or any member of the City Planning Commission, it shall be the duty of the speaker
20 to disclose the following information five (5) days prior to the official public hearing:
21 a. The name of the local government official to whom the campaign contribution or gift was
22 made;
23 b. the dollar amount of each campaign contribution. made by the applicant to the local
24 government official during the two (2) years immediately preceding the filing of the application
25 for the map amendment and the date of each contribution; and
26 c. an enumeration and description of each gift having a value of $250 or more made by the
27 applicant to the local government official during the two (2) years immediately preceding the
28 filing of the application for the zoning action.
29 d. In the event that no such gift or contribution was made, the application shall affirmatively so
30 state.
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