(a)The Ethics Officer, as the leader of the Ethics Office shall be charged with the following duties and responsibilities:
(1)Educating and training all city officials and employees to have an awareness and understanding of the mandate for and enforcement of ethical conduct and advising on the provisions and applicability of the code of ethics of the city;
(2)Advising officials and employees regarding disclosure statements and reviewing same to ensure full and complete financial reporting;
(3)Urging compliance with the code of ethics by investigating any failure to comply or investigating any related issues pursuant to this Article and/or the code of ethics of the city, including the furnishing of false or misleading information;
(4)Managing a complaint intake system; and monitoring, evaluating and acting upon information obtained therefrom which shall include but shall not be limited to a city telephone number for the receipt of information about violations of matters under the jurisdiction of the Ethics Office, or by an employee of the city pursuant to section 3-508 of the City Charter. Each complaint, as of the time it is reported, whether by telephone or otherwise, shall be deemed to be a separate pending investigation of a complaint against a public official or employee as provided by the Georgia Open Records Act;
(6)Promptly reporting, as appropriate, suspected non-ethics related violations to the appropriate administrative party within City of Atlanta government for review and potential investigation.
(7)Reporting, as appropriate, suspected criminal violations of a law, rule, regulation, or internal policy related to a matter under jurisdiction of the Ethics Office to the local, state or federal law enforcement agency with proper jurisdiction.
(b)Ethics Opinions. The Ethics Officer shall render an ethics advisory opinion based upon a real or hypothetical set of circumstances, when requested in writing or verbally by anyone who is an official or employee of the city or a member of a board, council, committee or commission who is personally involved in a matter requiring interpretation of the ethics code. Any person requesting an opinion in accordance with this section who has made a full and complete disclosure of all relevant facts shall be entitled to rely on the opinion or finding of the Ethics Officer as a guide to the conduct of such person in the person's relations to and with the city. Compliance with a written opinion or finding of the Ethics Officer shall serve in mitigation in any proceedings against such person for violation of this Article or the ethics code. Advisory opinions based upon current law shall be posted on the City's website.
(c)The Ethics Office shall have the authority to prescribe rules and regulations pursuant to this Article and the ethics code to administer the financial disclosure process and to issue opinions under this Article and the ethics code. The Ethics Office shall prescribe appropriate financial disclosure forms, instructions and methods of disclosure as required to comply with the requirements of disclosure of income and financial interests found at section 2-814.
(d)Pursuant to the requirements of this Article, the Ethics Office shall have the authority to initiate and conduct investigations in accordance with clear Investigation protocols to be adopted by the Ethics Office which shall ensure that all investigations follow a consistent process, which includes defining the scope, objectives, and timeline of the investigation. Investigations may be initiated:
(1)Upon a sworn written complaint by any person in a form prescribed by the Ethics Office, and which can be supported by the Ethics Office through a showing of reasonable articulable suspicion;
(2)Upon internal determination by the Ethics Office, supported by reasonable articulable suspicion, that a matter involving abuse of authority in the exercise of official duties or while acting under color of office, substantial misconduct, (such as gross mismanagement, gross waste of funds, or a substantial violation of law, ordinance, or regulation), or conduct that undermines the independence or integrity reasonably expected of an official has occurred or is occurring;
(3)Upon request via Resolution by the Atlanta City Council;
(4)Upon request by the Mayor of the City of Atlanta via administrative order;
(5)Upon request of the Chief Transparency Officer;
(6)Upon receipt of an anonymous or nonsworn written complaint. Where a complaint is communicated anonymously, such complaint shall be reasonably believed to have been made in good faith, and with veracity and sufficient specificity so as to provide salient and investigable facts which can be supported by the Ethics Office through a showing of reasonable articulable suspicion. The Ethics Office may require the anonymous complaint to be made in a manner and form that is intended only to obtain relevant facts related to the allegation, and that is not designed to reveal the identity of the complainant; or
(7)Upon receipt of a complaint via complaint intake system managed by the Ethics Officer pursuant to this Article.
(e)All written complaints shall contain the following if applicable:
(1)The name and address of the person or persons who file the complaint.
(2)The sworn verification and signature of the complainant.
(3)The name and address of the party or parties against whom the complaint is filed, and if such party is a candidate and the office being sought.
(4)A clear and concise statement of acts upon which the complaint is based along with an allegation that such facts constitute one or more violations of law under the jurisdiction of the Ethics Office.
(5)Any further information which might support the allegations in the complaint including, but not limited to, the following:
a.The name and address of all other persons who have firsthand knowledge of the facts alleged in the complaint; and
b.Any documentary evidence that supports the facts alleged in the complaint.
(f)Defective complaint. Upon receipt of a written, non-anonymous complaint which does not conform to the applicable requirements of this section, the Ethics Office shall by written communication acknowledge receipt of the complaint and advise the complainant of the defect in the complaint and that the complaint may not be considered unless the defect is corrected.
(g)Preliminary Review of Investigations. Upon receipt of a complaint and/or the initiation of an investigation in accordance with this Article, the complaint or investigation shall be assigned an intake number. To ensure that resources are utilized effectively, investigations are targeted and justified, and to avoid the conduct of unwarranted inquiries, within a period not to exceed 90 days following the initiation of an investigation by the Ethics Office, the Ethics Office must conduct a preliminary review of facts which must reasonably indicate the suspected misconduct or wrongdoing. A determination that facts are present which reasonably indicate the probable occurrence of suspected misconduct or wrongdoing must be supported by credible evidence, a documented complaint, or specific and verifiable information. If, within 90 days of the initiation of an investigation, the Ethics Office determines that the facts do not reasonably indicate the probable occurrence of suspected misconduct or wrongdoing, the investigation should be closed.
(h)Opportunity for Response. To protect against erroneous, arbitrary adverse decisions and, where the preliminary findings indicate the Ethics Office shall issue an adverse decision or report, the subject of such an adverse decision, including any individuals, employees, officials, office or department of city government, or other entity shall be presented with a summary of the preliminary adverse findings and given the opportunity to respond to preliminary findings within 10 working days of the presentation of such findings.
(1)Response options. The response may be made in writing or in person or both. If the response is made in person, a video and/or audio recording of the response shall be made and transcribed, and such records shall be included in the investigation file.
(2)Supporting documentation. The subject may submit statements or supporting documentation from persons having knowledge of the circumstances to support the response.
(3)Representative. If the subject chooses to meet with the Ethics Office, the subject may be accompanied by a representative or attorney.
(4)Further official investigation. The Ethics Office may conduct further investigation, provided that the Ethics Office determines that additional time is necessary for further investigation provided that the two year period during which violations are to be reported as provided herein shall not be exceeded.
(i)Issuance of Final Decisions and Reports. At the conclusion of any investigation conducted by the Ethics Office, the Ethics Officer shall issue a final decision and report.
(1)Requirements of final decision and report. As part of the final decision and report, the report shall include findings of fact and any law on which the decision is based, separately stated, and the effective date of the decision. Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Where possible, names of witnesses and persons other than the subject(s) of the investigation should not be contained in the final decision and report.
(2)Transmittal and Referral of final decision and report. The Ethics Officer shall provide the final decision and report to the Ethics Board. The Ethics Board shall then transmit the final decision and report to the mayor, the city council and to the public. The Board shall also cause closing letters to be transmitted to the subject(s) of investigations once an investigation is concluded, informing them of the findings and any follow-up actions within 30 days.
(Ord. No. 2025-06(25-O-1009), § 3, 2-17-25)
APPENDIX I. COUNCIL DISTRICTS 2022 Council Districts Map App. I 2022 Council Districts Population Summary Report App. I App. I 2022 Council Districts Council District Boundary Descriptions District 1 All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of Edgewood Avenue NE and Park Place S SE, and proceeding easterly along Edgewood Avenue NE to Peachtree Center Avenue NE, and proceeding northerly along Peachtree Center Avenue NE to Ralph McGill Boulevard NE, and proceeding easterly along Ralph McGill Boulevard NE to I-75, and proceeding southerly along I-75 to Courtland Street NE, and proceeding northerly along Courtland Street NE to Ralph McGill Boulevard NE, and proceeding easterly along Ralph McGill Boulevard NE to Boulevard NE, and proceeding southerly along Boulevard NE to John Lewis Freedom Parkway NE, and proceeding westerly along John Lewis Freedom Parkway NE to Jackson Street NE, and proceeding southerly along Jackson Street NE to Irwin Street NE, and proceeding westerly along Irwin Street NE to Fort Street NE, and proceeding southerly along Fort Street NE to Auburn Avenue NE, and proceeding easterly along Auburn Avenue NE to Jackson Street NE, and proceeding southerly Jackson Street NE to Edgewood Avenue SE, and proceeding westerly along Edgewood Avenue SE to Jesse Hill Jr Drive SE, and proceeding southerly along Jesse Hill Jr. Drive SE to CSX Railroad, and proceeding easterly along CSX Railroad to the northbound I-75 On-Ramp, and proceeding southerly along the On-Ramp to Martin Street SE to Memorial Drive SE, and proceeding easterly along Memorial Drive SE to Boulevard SE, and proceeding southerly along Boulevard SE to I-20, and proceeding easterly along I-20 to Bill Kennedy Way SE, and proceeding southerly along Bill Kennedy Way SE to Glenwood Avenue SE, and proceeding easterly along Glenwood Avenue SE to the DeKalb/ Fulton county line, and proceeding southerly along the DeKalb/Fulton county line to South River, and proceeding westerly along South River to Unnamed stream near the western property line of 1140 South River Industrial Boulevard SE, and proceeding northerly along Unnamed to Constitution Road SE, and proceeding westerly on Constitutions Road SE to Jonesboro Road SE, and proceeding northerly on Jonesboro Road SE to Harper Road SE, and proceeding along Harper Road SE to Macon Drive SW, and proceeding northerly along Macon Drive SW to Lakewood Avenue SE, and proceeding easterly along Lakewood Avenue SE to Shadydale Avenue SE, and proceeding northerly along Shadydale Avenue SE to Claire Drive SE, and proceeding westerly along Claire Drive SE to Claire Drive SW, and proceeding westerly along Claire Drive SW to Pryor Cir SW, and proceeding northerly along Pryor Cir SW to Pryor Rd, and proceeding northerly along Pryor Road to CSX Railroad (A&WP Beltline), and proceeding easterly along CSX Railroad to Hank Aaron Drive SE, and proceeding northerly along Hank Aaron Drive SE to Ormond Street SW, and proceeding westerly along Ormond Street SW to I-75, and proceeding northerly along I- 75 to Fulton Street SW, and proceeding easterly along Fulton Street SW to Capitol Avenue SE, and proceeding northerly along Capitol Avenue SE to Martin Luther King Jr. Drive SE, and proceeding westerly along Martin Luther King Jr. Drive SE to Courtland Street SE, and proceeding northerly along Courtland Street SE to CSX Railroad, and proceeding westerly along CSX Railroad to Pryor Street SE, and proceeding northerly along Pryor Street SE to Park Place S SE, and proceeding northerly along Park Place S SE to the point of beginning.
All of that portion of Dekalb County bounded and described as follows: Beginning at the point of intersection of DeKalb/Fulton county line to Custer Avenue SE, and proceeding easterly along Custer Avenue SE to Intrenchment Creek, and proceeding southerly along Intrenchment Creek to the southern boundary of 1296 Moreland Avenue SE, and proceeding westerly along the southern boundary of 1296 Moreland Avenue SE to the Dekalb/Fulton county line, and proceeding northerly along Dekalb/Fulton county line to point of beginning.
District 2 All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of Peachtree Street NE and West Peachtree Street NE, and proceeding southerly App. I along Peachtree Street NE to 14th Street NE, and proceeding easterly along 14th Street NE to Piedmont Avenue NE, and proceeding southerly along Piedmont Avenue NE to 10th Street NE, and proceeding easterly along 10th St NE to Atlanta Beltline Trail, and proceed southerly along Atlanta Beltline Trail to Virginia Avenue NE and proceed easterly along Virginia Avenue NE to the Fulton/DeKalb County line and proceeding southerly along the Fulton/Dekalb County line to CSX railroad, and proceeding westerly along CSX railroad to Atlanta Beltline, and proceeding northerly along Atlanta Beltline to Edgewood Avenue NE, and proceeding westerly along Edgewood Avenue NE to Randolph Street NE, and proceeding northerly along Randolph Street NE to Old Wheat Street NE, and proceeding westerly along Old Wheat Street NE to Boulevard NE, and proceeding northerly along Boulevard NE to Ralph McGill Boulevard NE, and proceeding westerly along Ralph McGill Boulevard NE to Courtland Street NE, and proceeding northerly along Courtland Street NE to Currier Street NE, and proceeding easterly along Currier Street NE to Piedmont Avenue NE, and proceeding northerly along Piedmont Avenue NE to North Avenue NE, and proceeding easterly along North Avenue NE to Argonne Avenue NE, and proceeding northerly along Argonne Avenue NE to Ponce De Leon Avenue NE, and proceeding westerly along Ponce De Leon Avenue NE to Piedmont Avenue NE, and proceeding northerly along Piedmont Avenue NE to 8th Street NE, and proceeding westerly along 8th Street NE to West Peachtree Street NE, and proceeding northerly along West Peachtree Street NE to the point of beginning.
District 3 All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of Peachtree Road NW and Norfolk Southern Railway, and proceeding southerly along Peachtree Road NW to W Peachtree Street NW, and proceeding southerly along W Peachtree Street NW to North Avenue NW, and proceeding westerly along North Avenue NW to Norfolk Southern Railway, and proceeding southerly along Norfolk Southern Railway to Centennial Olympic Park Drive NW, and proceeding westerly along Centennial Olympic Park Drive NW to Mitchell Street SW, and proceeding easterly along Mitchell Street SW to Elliott Street SW, and proceeding southerly along Elliott Street SW to Nelson Street SW, and proceeding southerly along Nelson Street SW to Walker Street SW, and proceeding southerly along Walker Street SW to Fair Street SW, and Proceeding westerly along Fair Street SW to Atlanta Student Movement Boulevard NW, and proceeding westerly along Atlanta Student Movement Boulevard NW to Walnut Street SW, and proceeding northerly along Walnut Street SW to Martin Luther King Jr. Drive SW, and proceeding westerly along Martin Luther King Jr. Drive SW to Chappell Road NW, and proceeding northerly along Chappell Road NW to CSX Railroad, and proceeding westerly along CSX Railroad to Hamilton E. Holmes Drive NW, and proceeding northerly along Hamilton E Holmes Drive NW to Donald Lee Hollowell Parkway NW, and proceeding easterly along Donald Lee Hollowell Parkway NW to Bellview Avenue NW, and proceeding northerly along Bellview Avenue NW to Capital View Avenue NW, and proceeding northerly along Capital View Avenue NW to Dupree Avenue NW, and proceeding easterly along Dupree Avenue NW to Hall Street NW, and proceeding northerly along Hall Street NW to Lookout Avenue NW, and proceeding northerly along Lookout Avenue NW to Violet Avenue NW, and proceeding easterly along Violet Avenue NW to an Unnamed Stream along the rear property lines along Lotus Avenue NW, and proceeding northerly along Unnamed Stream to Hollywood Road NW, and proceeding southerly along Hollywood Road NW to Hollywood Drive NW, and proceeding easterly along Hollywood Drive NW to Gun Club Road NW, and proceeding southerly along Gun Club Road NW to Hollywood Road NW, and proceeding northerly along Hollywood Road NW to Mildred Place NW, and proceeding along Mildred Place NW to Donald Lee Hollowell Parkway NW, and proceeding easterly along Donald Lee Hollowell Parkway NW to South Eugenia Place NW, and proceeding southerly along South Eugenia Place NW to Arlington Circle NW, and proceeding easterly along Arlington Circle NW to Baker Road NW, and proceeding easterly along Baker Road NW to App. I South Elizabeth Place NW, and proceed northerly along South Elizabeth Place NW to North Elizabeth Place NW, and proceeding northerly along North Elizabeth Place NW to Hortense Place NW, and proceeding easterly along Hortense Place NW to Proctor Creek, and proceeding easterly along Proctor Creek to an Unnamed Stream near the front property lines of 645 Woodland Avenue NW, and proceeding northerly along Unnamed Stream to CSX Railroad, and proceeding northerly along CSX Railroad to Norfolk Southern Railway, and proceeding easterly along Norfolk Southern Railway to Northside Drive NW, and proceeding northerly along Northside Drive NW to 10th Street NW, and proceeding easterly along 10th Street NW to State Street NW, and proceeding northerly along State Street NW to an abandon section of 16th Street NW (now 390 17th Street NW), and proceeding westerly along abandon 16th Street NW to an abandon section of Mescalin Street NW (now properties 375 18th Street NW, 391 State Street NW, and 390 17th Street NW ), and proceeding northerly along abandoned Mescalin Street NW to Norfolk Southern Railway, and proceeding northerly along Norfolk Southern Railway to the point of beginning.
District 4 All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of West Peachtree Street NE and 8th Street NE, and proceeding easterly along 8th Street NE to Piedmont Avenue NE, and proceeding southerly along Piedmont Avenue NE to Ponce De Leon Avenue NE, and proceeding easterly along Ponce De Leon Avenue NE to Argonne Avenue NE, and proceeding southerly along Argonne Avenue NE to North Avenue NE, and proceeding westerly along North Avenue NE to Piedmont Avenue NE, and proceeding southerly along Piedmont Avenue NE to Currier Street NE, and proceeding westerly along Currier Street NE to Courtland Street NE, and proceeding southerly along Courtland Street NE to Ralph McGill Boulevard NE, and proceeding westerly along Ralph McGill Boulevard NE to Peachtree Center Avenue NE, and proceeding southerly along Peachtree Center Avenue NE to Edgewood Avenue SE, and proceeding westerly along Edgewood Avenue SE to Park Place SE, and proceeding southerly along Park Place SE to Pryor Street SE, and proceeding southerly along Pryor Street SE to CSX railroad, and proceeding easterly along CSX railroad to Courtland Street SW, and proceeding southerly along Courtland Street SW to Martin L King Jr Drive SW, and proceeding easterly along Martin L King Jr Drive SW to Capitol Avenue SE, and proceeding southerly along Capitol Avenue SE to Fulton Street SW, and proceeding westerly along Fulton Street SW to I-75, and proceeding southerly along I-75 to Ormond Street SW, and proceeding easterly along Ormond Street SW to Hank Aaron Drive SE, and proceeding southerly along Hank Aaron Drive SE to CSX Railroad and northerly along CSX Railroad to Norfolk Southern railway, and northerly along Norfolk Southern railway to the intersection of Norfolk Southern railway and Norfolk Southern railway, proceeding easterly along Norfolk Southern railway to Atlanta Beltline, proceeding northerly along Atlanta Beltline to Lawton Street SW, proceeding southerly along Lawton Street SW to Donnelly Avenue SW, proceeding northerly along Donnelly Avenue SW to Cascade Avenue SW, proceeding northerly along Cascade Avenue SW to Ralph D Abernathy Blvd SW, proceeding northerly along Ralph D Abernathy Blvd SW to Anderson Avenue SW, and proceeding northerly along Anderson Avenue SW to CSX Railroad, and proceedings easterly along CSX Railroad to Chappell Rd NW, and proceeding southerly along Chappell Rd NW to Martin L King Jr Drive NW, and proceeding easterly along Martin L King Jr Drive SW to Walnut Street SW, and proceeding southerly along Walnut Street SW to Atlanta Student Movement Blvd SW, and proceeding easterly along Atlanta Student Movement Blvd SW to Fair Street SW, and proceeding easterly along Fair Street SW to Walker Street SW, and proceeding northerly along Walker Street SW to Nelson Street SW and proceeding easterly along Nelson Street SW to Elliott Street SW, and proceeding northerly along Elliot Street SW to Mitchell Street SW, and proceeding westerly along Mitchell Street SW to Centennial Olympic Park Drive SW, and proceeding northerly along Centennial Olympic Park Drive SW to Norfolk Southern App. I Railway and proceeding northerly along Norfolk Southern Railway to North Avenue NW, and proceeding easterly along North Avenue NW to West Peachtree Street NE and proceeding northerly along West Peachtree Street NE to the point of beginning.
District 5 All of that portion of DeKalb County bounded and described as follows: Beginning at the point of intersection of the Fulton/Dekalb county line and 1036 Rosedale Road NE, and proceeding easterly (keeping the Atlanta City Limits on the right) along the Atlanta city line to the Fulton/ DeKalb county line, and proceeding northerly along the Fulton/DeKalb county line to the point of beginning.
All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of Boulevard NE and John Lewis Freedom Parkway NE, and proceeding westerly along John Lewis Freedom Parkway NE to Jackson Street NE, and proceeding southerly along Jackson Street NE to Irwin Street NE, and proceeding westerly along Irwin Street NE to Fort Street NE, and proceeding southerly along Fort Street NE to Auburn Avenue NE, and proceeding easterly along Auburn Avenue NE to Jackson Street NE, and proceeding southerly along Jackson Street NE to Edgewood Avenue NE, and proceeding westerly along Edgewood Avenue NE to Jesse Hill Jr Drive SE, and proceeding southerly along Jesse Hill Jr Drive SE to CSX Railroad, and proceeding easterly along CSX Railroad to Martin Street SE, and proceeding southerly along Martin Street SE to Memorial Drive SE, and proceeding easterly along Memorial Drive SE to Boulevard SE, and proceeding southerly along Boulevard SE to I-20, and proceeding easterly along I-20 to Bill Kennedy Way SE, and proceeding southerly along Bill Kennedy Way SE to Glenwood Avenue SE and proceeding easterly along Glenwood Avenue SE to the DeKalb /Fulton county line, and proceeding northerly along DeKalb /Fulton county line to CSX Railroad, and proceeding easterly along CSX Railroad to Atlanta Beltline, and proceed northerly along Atlanta Beltline to Edgewood Avenue NE, and proceeding westerly along Edge-wood Avenue NE to Old Wheat Street NE, and proceeding westerly along Old Wheat Street NE to Boulevard NE, and proceeding northerly along Boulevard NE to the point of beginning.
District 6 All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of I-85 and DeKalb/Fulton county line and proceeding southerly along the DeKalb/ Fulton county line Virginia Avenue NE, proceed westerly on Virginia Avenue NE to Atlanta Beltline, and proceeding northerly to 10th Street NE, and proceeding westerly along 10th Street NE to Piedmont Road NE, and proceeding northerly along Piedmont Road NE, and proceeding northerly along Piedmont Road NE to14th Street NE, and proceeding westerly along 14th Street NE to Peachtree Street NE, and proceeding northerly along Peachtree Street NE to Peachtree Road NE, and proceeding northerly along Peachtree Road NE to Pharr Road NE, and proceeding easterly on Pharr Road NE to Piedmont Road NE, and proceeding southerly on Piedmont Rd NE to Norfolk Southern Railway, and proceeding southerly along Norfolk Southern Railway to I-85, proceed northly on the I-85 to the point of beginning.
All of that portion of DeKalb County bounded and described as follows: Beginning at the point of intersection of the 1842 Homestead Avenue NE and the DeKalb/Fulton county line, and proceeding southerly along property line of 1842 Homestead Avenue NE to the Atlanta city line, and proceeding southerly along the Atlanta city line to 1086 Rosedale Road NE, and proceeding northerly from 1086 Rosedale Road NE to Dekalb/ Fulton county line, and proceeding northerly along Dekalb/Fulton county line to point of beginning.
District 7 All of that portion of DeKalb County bounded and described as follows: Beginning at the point of intersection of the Atlanta city line and the Fulton/DeKalb county line (on the northern property line 3060 Mabry Road NE), and proceeding easterly the Atlanta city line to the southern App. I property line of 4118 E Brookhaven Drive NE, and proceeding northerly along southern property line of 4118 E Brookhaven Drive NE to the Fulton/DeKalb county line, and proceeding northerly along the Fulton/DeKalb county line to the point of beginning.
All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of the Sandy Springs/Atlanta city line and Roswell Rd, and proceeding easterly along the Sandy Springs/Atlanta city line to the DeKalb/Fulton county line, and proceeding southerly along the DeKalb/Fulton county line to I-85, and proceeding westerly along I-85 to Norfolk Southern Railway/Amtrak RR, and proceeding northerly along Norfolk Southern Railway/ Amtrak RR to Piedmont Road NE, and proceeding northerly along Piedmont Road NE to Pharr Road NE, and proceeding westerly on Pharr Road NE to Peachtree Road NE, and proceeding northerly along Peachtree Road NE to Roswell Road NE, and proceeding northerly along Roswell Road NE to the point of beginning.
District 8 All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of the Sandy Springs/Atlanta city line and the Cobb/Fulton county line, and proceeding easterly along the Sandy Springs/Atlanta city line to Roswell Rd, and proceeding southerly along Roswell Road to Peachtree Rd, and proceeding southerly along Peachtree Road to Norfolk Southern Railway/Amtrak RR, and proceeding westerly along Norfolk Southern Railway/Amtrak RR to I-75, and proceeding westerly along I-75 to Peachtree Creek, and proceeding westerly along Peachtree Creek to Bohler Road NW, and proceeding northerly along Bohler Road NW to Battleview Drive NW, and proceeding westerly along Battleview Drive NW through the property line of 1380 Battleview Drive NW , and proceeding westerly along the property line to Peachtree Creek, and proceeding northerly along Peachtree Creek to the Chattahoochee River, and proceeding northerly along Chattahoochee River to the Cobb/Fulton county line, and proceeding northerly along the Cobb/Fulton county line to the point of beginning.
District 9 All of that portion of Fulton County bounded and described as follows: Beginning where Peachtree Creek enters the Chattahoochee River proceeding easterly along Peachtree Creek to the property line of 1380 Battleview Drive NW, and proceeding easterly along the property line to Battleview Drive NW, and proceeding easterly along Battleview Drive NW to Bohler Road NW, and proceeding southerly along Bohler Road NW to Peachtree Creek, and proceeding easterly along Peachtree Creek to I-75, and proceeding southerly along I-75 to Norfolk Southern Railway/ Amtrak RR, and proceeding southerly along Norfolk Southern Railway/Amtrak to Mescalin Street NW, and proceeding southerly along Mescalin Street NW to an abandon section of Mescalin Street NW (now properties 375 18th Street NW, 391 State Street NW, and 390 17th Street NW ), and proceeding southerly along abandon Mescalin Street NW to an abandon section of 16th Street NW (now property 390 17th Street NW ), and proceeding easterly along abandon 16th Street NW to State Street NW, and proceeding southerly on State Street NW to 10th Street NW, and proceeding westerly along 10th Street NW to Northside Drive NW, and proceeding southerly along Northside Drive NW to Norfolk Southern Railway/Amtrak RR, and proceeding northerly along to Norfolk Southern Railway/ Amtrak RR to CSX Railroad, and proceeding southerly along CSX Railroad to an Unnamed stream west of 860 Marietta Boulevard NW, and proceeding southerly along Unnamed stream to Proctor Creek, and proceeding westerly along Proctor Creek to Hortense Place NW, and proceeding westerly along Hortense Place NW to N Elizabeth Place NW, and proceeding southerly on N Elizabeth Place NW to S Elizabeth Place NW, and proceeding southerly along S Elizabeth Place NW to Baker Rd NW, and proceeding southerly along Baker Road NW to Arlington Circle NW, and proceeding northerly along Arlington Circle NW to S Eugenia Place NW, and proceeding northerly along S Eugenia Place NW to Donald Lee Hollowell Parkway NW, and proceeding westerly along Donald Lee Hollowell Parkway NW to Mildred Place NW, and proceeding on Mildred Place NW to Hollywood Road NW, App. I and proceeding easterly along Hollywood Road NW to Gun Club Road NW, and proceeding northerly along Gun Club Road NW to Hollywood Drive NW, and proceeding southerly along Hollywood Drive NW to Hollywood Road NW, and proceeding northerly along Hollywood Road NW to Lotus Avenue NW, and proceeding westerly along Lotus Avenue NW to an Unnamed stream at the Lotus Avenue NW rear property line, and proceeding southerly along Unnamed stream to Violet Avenue NW, and proceeding westerly along Violet Avenue NW to Lookout Avenue NW, and proceeding southerly on Lookout Avenue NW to Hall Street NW, and proceeding southerly along Hall Street NW to Dupree Avenue NW, and proceeding westerly along Dupree Avenue NW to Capitol View Avenue NW, and proceeding southerly along Capitol View Avenue NW to Bellview Avenue NW, and proceeding westerly along Bellview Avenue NW to Donald Lee Hollowell Parkway NW, and proceeding westerly along Donald Lee Hollowell Parkway NW to I-285, and proceeding northerly on I-285 to Bolton Road NW, and proceeding northerly along Bolton Road NW to Proctor Creek, and proceeding northerly along Proctor Creek the Chattahoochee River, and proceeding northerly along the Chattahoochee River to the point of beginning.
District 10 All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of Chattahoochee River and Proctor Creek at the Atlanta city line, and proceeding easterly along Proctor Creek Bolton Road NW, and proceeding southerly along Bolton Road NW to I-285, and proceeding southerly along I-285 to Donald Lee Hollowell Parkway NW, and proceeding easterly along Donald Lee Hollowell Parkway NW to Hamilton E Holmes Drive NW, and proceeding southerly along Hamilton E Holmes Drive NW to CSX Railroad, and proceeding easterly along CSX Railroad to Anderson Avenue SW, and proceeding southerly along Anderson Avenue SW to Ralph David Abernathy Blvd, and proceeding easterly along Ralph David Abernathy Boulevard to Cascade Avenue SW, and proceeding westerly along Cascade Avenue SW to Donnelly Avenue SW, and proceeding southerly along Donnelly Avenue SW to Hall Street SW, and proceeding southerly along Hall Street SW to Richland Road SW, and proceeding westerly along Richland Road SW to Westmont Road SW, and proceeding southerly along Westmont Road SW to Avon Avenue SW, and proceeding westerly along Avon Avenue SW to Avonwood Circle SW, and proceeding southerly along Avonwood Circle SW to Avon Avenue SW, and proceeding westerly along Avon Avenue SW to Cascade Circle SW, and proceeding northerly along Cascade Circle SW to Cascade Avenue SW, and proceeding northerly along Cascade Avenue SW to Cascade Terrace SW, and proceeding westerly along Cascade Terrace SW to Clearvue Terrace SW, and proceeding northerly along Clearvue Terrace SW to Rosemary Avenue SW, and proceeding northerly along Rosemary Avenue SW to Beecher Street SW, and proceeding westerly along Beecher Street SW to Beecher Road SW, and proceeding westerly along Beecher Road SW to Cascade Rd, and proceeding westerly along Cascade Road to the Atlanta city line, and proceeding northerly along the Atlanta city line to the point of beginning.
District 11 All of that portion of Fulton County bounded and described as follows: Beginning at the point of intersection of the East Point/Atlanta city line and Fort Valley Drive SW, and proceeding southerly along the Atlanta city line to Cascade Road SW, and proceeding easterly along Cascade Road SW to Beecher Road SW, and proceeding northerly along Beecher Road SW to Beecher Street SW, and proceeding easterly along Beecher Street SW to Rosemary Avenue SW, and proceeding southerly along Rosemary Avenue SW to Clearvue Terrace SW, and proceeding southerly along Clearvue Terrace SW to Cascade Terrace SW, and proceeding easterly along Cascade Terrace SW to Cascade Avenue SW, and proceeding southerly along Cascade Avenue SW to Cascade Circle SW, and proceeding westerly along Cascade Circle SW to Avon Avenue SW, and proceeding easterly along Avon Avenue SW to Avonwood Circle SW, and proceeding southerly along Avonwood Circle SW to Avon Avenue SW, and proceed-App. I ing easterly along Avon Avenue SW to Lorenzo Drive SW, and proceeding along Lorenzo Drive SW to Campbellton Road SW, and proceeding westerly along Campbellton Road SW to Venetian Drive SW, and proceeding westerly along Venetian Drive SW to Pinehurst Drive SW, and proceeding southerly along Pinehurst Drive SW to Fort Valley Drive SW, and proceeding southerly along Fort Valley Drive SW to the point of beginning.
District 12 All of that portion of Fulton County bounded and described as follows:
1.Beginning at the point of intersection of Norfolk Southern Railway H-Line and CSX Railroad near the intersection of Peters Street SW and McDaniel Street SW, and proceeding southerly along Norfolk Southern Railway H-Line to Hank Aaron Drive SE, and proceeding southerly along Hank Aaron Drive SE to CSX Railroad (A&WP Beltline), and proceeding westerly along CSX Railroad to Pryor Road SW, and proceeding southerly along Pryor Road to Pryor Cir SW, and proceeding southerly along Pryor Cir SW to Claire Drive SW, and proceeding easterly along Claire Drive SW to Claire Drive SE, and proceeding easterly along Claire Drive SE to Shadydale Avenue SE, and proceeding southerly along Shadydale Avenue SE to Lakewood Avenue SE, and proceeding westerly along Lakewood Avenue SE to Macon Drive SW, and proceeding southerly along Macon Drive SW to Harper Road SE, and proceeding easterly along Harper Road SE to Jonesboro Road SE, and proceeding southerly along Jonesboro Road SE to Constitution Road SE, and proceeding easterly along Constitution Road SE to Unnamed stream at the property line of 851 Constitution Road SE, and proceeding southerly along Unnamed stream to South River, and proceeding easterly along South River to the DeKalb/Fulton county line, and proceeding southerly along the DeKalb/ Fulton county line to the Clayton/Fulton county line, and proceeding westerly along the Clayton/Fulton county line to the Hapeville/Atlanta city line, and proceeding northerly along the Hapeville/Atlanta city line to the East Point/Atlanta city line, and proceeding northerly along the East Point/Atlanta city line to Fort Valley Drive SW, and proceeding westerly along Fort Valley Drive SW to Pinehurst Drive SW, and proceeding northerly along Pinehurst Drive SW to Venetian Drive SW, and proceeding easterly along Venetian Drive SW to Campbellton Road SW, and proceeding northerly along Campbellton Road SW to Lorenzo Drive SW, and proceeding northerly along Lorenzo Drive SW to Avon Avenue SW, and proceeding westerly along Avon Avenue SW to Westmont Road SW, and proceeding northerly along Westmont Road SW to Richland Road SW, and proceeding easterly along Richland Road SW to Lawton Street SW, and proceeding northerly along Lawton Street SW to Atlanta Beltline, and proceeding southerly along Atlanta Beltline to CSX Railroad, and proceeding northerly along CSX Railroad to the point of beginning.
2.As well as beginning at the point of intersection of the Hapeville/Atlanta city line and the East Point/Atlanta city line at N Inner Loop Rd, and proceeding easterly along the Hapeville/Atlanta city line to the Clayton/Fulton county line, and proceeding westerly along the Clayton/Fulton county line to the College Park/Atlanta city line, and proceeding northerly along the College Park/Atlanta city line to the East Point/Atlanta city line, and proceeding northerly along the East Point/Atlanta city line to the point of beginning.
(1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2002-33, § 2, 5-25-02; Ord. No. 2009-21(09-O0655), § 1, 5-26-09; Ord. No. 2012-04(11-O1827), § 2(Exh. B), 2-15-12; Ord. No. 2022-36(22O-1700), § 3, 10-24-22)
§4 APPENDIX II. HOUSING COMMISSION* Section 1. Creation.
A standing housing commission is hereby created. (Ord. No. 1993-70, § 1, 4-12-93)
Section 2. Purpose.
The purpose of the housing commission shall be:
(1)To review the housing policies of the city with an emphasis on affordable housing.
(2)To review the city's permitting procedures related to the construction and rehabilitation of housing.
(3)To explore creative methods of financing affordable housing.
(4)To review housing policies, practices and procedures of other jurisdictions.
(Ord. No. 1993-70, § 2, 4-12-93)
Section 3. Composition.
The housing commission shall be comprised of 15 members; with five (5) to be named by designated organizations (from their membership) and the remaining 10 to be appointed by the mayor, president of council and councilmembers.
The designated organizations to be represented on the commission shall be:
(1)The urban residential finance authority.
(2)The Atlanta Neighborhood Development Partnership.
(3)The Atlanta Task Force on the Homeless.
*Editor’s note—This appendix has been created by the editor and consists of provisions formerly found in Article 3, Chapter 4, Division 2, §§ 3-411—3-418 of the city charter of 1973 (1973 Ga. L. p. 2188), as amended. Such provisions were transferred by § 7-104(a) of the new city charter (1996 Ga. L. p. 4469) to Part 8 of the city's 1973 code, which code had been replaced by the current city code when the new charter was adopted. The provisions of this appendix will be retained in this appendix until transferred to the new city code.
(4)The Georgia Housing and Finance Authority.
(5)The Atlanta Mortgage Consortium.
The remaining 10 members shall be:
(1)Representatives from two (2) community development corporations.
(2)Four (4) developer representatives: (two) nonprofits (1 multi-family and 1 single family); (two) for-profits (1 multi-family and 1 single family).
(3)Two (2) mortgage lenders.
(4)Two (2) laypersons.
Confirmation by council shall not be required. (Ord. No. 1993-70, § 3, 4-12-93)
Section 4. Method of appointment.
The method of appointment shall be as follows:
(1)One (1) mortgage lender and one (1) lay person shall be appointed by the mayor.
(2)One (1) mortgage lender and one (1) lay person shall be appointed by the president of council.
(3)One (1) nonprofit multi-family developer shall be appointed by councilmembers from districts three (3) and four (4) and the at-large councilperson.
(4)One (1) for-profit multi-family developer shall be appointed by councilmembers from districts five (5) and six (6) and the at-large councilperson.
(5)One (1) nonprofit single-family developer shall be appointed by councilmembers from districts one (1) and two (2) and the at-large councilperson.
(6)One (1) for-profit single-family developer shall be appointed by councilmembers from districts seven (7) and eight (8) and the at-large councilperson.
(7)One (1) community development corporation representative shall be appointed by §4 the councilmembers from districts nine (9) and 10 and the at-large councilperson.
(8)One (1) community development corporation representative shall be appointed by the councilmembers from districts 11 and 12 and the at-large councilperson.
(Ord. No. 1993-70, § 4, 4-12-93)
Section 5. Staffing.
The housing commission shall receive primary staff support and assistance from the city's department of housing. Other city departments and bureaus shall provide support and assistance as specifically requested by the commission. (Ord. No. 1993-70, § 5, 4-12-93)
Section 6. Meetings, reports and recommendations.
The housing commission shall meet at least once per quarter and shall produce a report on its work and shall make recommendations to the mayor and city council at least once annually. (Ord. No. 1993-70, § 6, 4-12-93)
Section 7. Terms of office.
The terms of office shall be for a two-year period, with the exception of the mayoral and presidential appointees, which terms shall be for a three-year period. (Ord. No. 1993-70, § 7, 4-12-93)
Section 8. Compensation; appointment.
Members of the housing commission shall serve voluntarily and without compensation. Appointees shall be submitted to the community development committee. The chair of the community development committee shall convene the first meeting of the commission. The members shall elect their own chairperson and other officers they deem appropriate. (Ord. No. 1993-70, § 8, 4-12-93)
Editor’s note—The catchline for this section was added by the editor to maintain consistency in the Charter.
APPENDIX III. CIVIL SERVICE BOARD* Section 1. Civil service board.
(a)There shall be a civil service board, which shall be the official protector of the civil service system.
There shall be a civil service board consisting of five (5) members, appointed by the mayor with the consent of the council to three-year staggered terms of office as specified by ordinance of the council. (This shall in no way affect the terms of the present members.)
(b)The board shall:
(1)Hold its meetings in the city hall;
(2)Hold regular meetings at least once monthly;
(3)Review, and in its discretion recommend amendments to, rules and regulations submitted thereto by the official responsible for personnel administration;
(4)Hold hearings when requested by an employee on proposed demotions, suspensions, dismissals, or other such actions and shall have such powers to dispose of such cases as shall be provided by ordinance;
(5)Make investigations requested by the mayor or the council or on its own motion;
(6)Keep minutes of its meetings and such other records as it may deem necessary;
(7)Establish guidelines for hearing any matters referred thereto by the official responsible for personnel administration, employees and employee organizations; and *Editor’s note—This appendix has been created by the editor and consists of provisions formerly found in Article 3, Chapter 6, § 3-503 of the city charter of 1973 (1973 Ga. L. p. 2188), as amended. Such provisions were transferred by § 7-104(b) of the new city charter (1996 Ga. L. p. 4469) to Part 5, Chapter 2 of the city's 1973 code, which code had been replaced by the current city code when the new charter was adopted. The provisions of this appendix will be retained in this appendix until transferred to the new city code.
§1
(8)Recommend improvements in the civil service system to the council.
(1976 Ga. Laws, page 4532, § 1; Ord. No. 198187, § 1, 12-15-81)
Editor’s note—The ordinances listed in the left-hand column below are found in the state session laws at the location listed opposite them in the right-hand column below:
Ord. No. 1981-87 Georgia Laws Year Page 1982 5262 APPENDIX IV. CITIZEN REVIEW BOARD Section 1. Establishment of the Atlanta Citizen Review Board.
(a)The Atlanta Citizen Review Board (the "board") is established to provide a permanent agency in the City of Atlanta through which:
(1)Complaints lodged by members of the public regarding alleged abuse of authority, abusive language, appropriate action required, conduct, discrimination, discriminatory reference, failing to provide identification, false arrest, false imprisonment, harassment, retaliation, use of excessive force, serious bodily injury, death and violation of department standard operating procedures which is alleged to be the result of the actions of a sworn employee of the police department or department of corrections, shall be processed, investigated under section 2-2213 of this chapter, and evaluated; and policies of a law enforcement unit may be reviewed.
(2)The board shall have the jurisdiction to investigate and mediate citizen's complaints with regard to the above described matters.
(3)Complaints shall be filed in writing and under oath with the board no later than 180 days following the date of the alleged infraction. All complaints filed with the board will be submitted to OPS by the board for their review. There shall be no §2 filing fee and complainants shall be provided any necessary assistance in completing a complaint form.
(4)Anonymous sources, professing firsthand knowledge of alleged police misconduct. shall be allowed to file complaints anonymously when the complainant requests anonymity based upon a credible belief that the complainant will face prosecution or harassment. The determination of whether the request for anonymity is based upon a credible belief of prosecution or harassment shall be within the reasonable discretion of the executive director. However, all information provided to the board is subject to the Georgia Open Records Act as codified in O.C.G.A. § 50-18-70 et seq.
(5)The Chair or the Executive Director may assign Board members to a Review Panel consisting of at least three (not to exceed five) Board members to any case for review which has been fully investigated, and such other matters as the full Board may determine by resolution. For any constituted Review Panel, the Chair shall designate a Chairperson. The Review Panel, in lieu of and with the full authority of the full Board, has the authority to investigate citizen complaints and to conduct complaint investigation reviews of the City's Police Department and Department of Corrections, and such other matters as authorized under Chapter 2, Article XVI, Division 11, Section 2-2201, et seq of the City of Atlanta Code of Ordinance and the ACRB Policies & Procedures Manual and Bylaws.
(b)Jurisdiction of the board shall extend only to complaints against police and/or corrections officers with respect to abuse of authority, abusive language, appropriate action required, conduct, discrimination, discriminatory reference, failing to provide identification, false arrest, false imprisonment, harassment, retaliation, use of excessive force, serious bodily injury, death and violation of department standard operating procedures which is alleged to be the result of the actions of employee of the police department or department of corrections defined in section 2-2202 of this chapter and by the law enforcement unit's rules and regulations.
(c)An explanation of the board's complaint procedures shall be made to all police and corrections officers in a general order to be included in the manual of rules and procedures of a law enforcement unit, and shall be included in the training program for new corrections and police officers.
(d)Each member of the board shall receive training on the issues of abuse of authority, abusive language, appropriate action required, conduct, discrimination, discriminatory reference, failing to provide identification, false arrest, false imprisonment, harassment, retaliation, use of excessive force, serious bodily injury, death and violation of department standard operating procedures which is alleged to be the result of the actions of an employee of the police department or corrections.
(e)Board shall be composed of 13 members who represent the diversity of this community, and who reside within the City of Atlanta and who shall be appointed as provided in section 2-2203. (Ord. No. 2020-46(20-O-1477), § 1, 8-26-20)
Section 2. Definitions.
The following words and phrases as used in this chapter shall have or include the following meanings.
"Abuse of authority" shall mean using their authority as a police department or department of corrections employee to abuse, harass, oppress, or persecute any person.
"Appropriate action required" shall mean that employees shall respond in an appropriate manner to all situations by:
(a)Being considerate of the rights, feelings, and interests of all persons.
(b)Taking action in each situation to provide the necessary and appropriate service and insuring proper notification of the proper superiors or supervisors when indicated by the circumstances.
§2
(c)Requesting the assistance of supervisors when the appropriate action required is unclear or not possible given the circumstances, or not within the scope of authority of the employee of whom such action was requested. Conversely, a supervisor will not direct a subordinate employee to undertake an action which is not within the scope of the supervisor's authority.
(d)Performing official acts in a lawful, restrained, dignified, impartial, and reasonable manner.
"Abusive language" shall mean harsh, violent, profane, or derogatory language which would demean the dignity of an individual and which shall include profanity and racial, ethnic, or sexist slurs.
"Board" shall mean the Atlanta Citizen Review Board as established in section 2-2201 of this chapter and includes any Review Panel established by ordinance.
"Chief" shall mean the head of the Police Department or Department of Corrections of the City of Atlanta.
"Civilian employees" shall mean all unsworn members of the police department or department of corrections.
"Corrections" shall mean the Department of Corrections of Atlanta.
"Corrections officer" shall mean all Atlanta Department of Corrections officers certified by the Georgia Peace Officer Standards and Training (POST) Council.
"Conduct" shall mean that employees shall not act in an official or private capacity in a manner that shall bring discredit upon the police department or department of corrections, or themselves. Employee misconduct is considered but not limited to engaging in offensive, unprofessional, lewd and/or unethical behavior toward the public, inmates/detainees, fellow employees and/or supervisory personnel.
"Department" shall mean the Atlanta Police Department or the Department of Corrections of the City of Atlanta or both.
"Discrimination" shall mean actions or decisions affected by prejudice of gender, race, color, religion, sexual orientation, social class, position or standing in the community, or political belief.
"Discriminatory references" shall mean reference to any person in a derogatory manner because of their gender, race, color, religion, sexual orientation, social class, position or standing in the community, or political preference.
"Excessive force" shall mean the use of more force than what is reasonable and necessary to affect an arrest, prevent an escape, necessarily restrict the movement of a prisoner, defend himself or another from physical assault, or to accomplish other lawful objectives.
"Failure to provide identification" shall mean failure to provide name and badge number upon request while on duty or performing their official duties. Sworn employees at the rank of investigator or above shall provide, upon request, the badge number that was initially assigned to them at the rank of officer.
"False arrest" shall mean arrest by a police officer of a person without probable cause to believe a crime has been or is about to be committed.
"False imprisonment" shall mean the unlawful detention of the person of another, for any length of time, whereby such person is deprived of his personal liberty.
"Harassment" shall mean a course of unwanted, unwelcomed and uninvited behavior which annoys, demeans, threatens, intimidates, alarms, or puts a person in fear of their safety.
"Hearing" shall mean a preliminary examination of the basic evidence and charges by the "board" of an accused person at which testimony is taken from a witness.
"Investigation" shall mean the act or process of investigating or the condition of being investigated; also a detailed inquiry or systematic examination.
"Mediation" shall mean an informal process, voluntarily agreed to by a complainant and the subject officer and conducted with the assistance §3 of a certified, neutral third party, engaged in for the purpose of fully and frankly discussing alleged misconduct and attempting to arrive at a mutually agreeable resolution of a complaint.
"OPS report" shall mean the official file of an investigation conducted by the Office of Professional Standards (OPS) as the result of a complaint against a police officer.
"Police officers" shall mean all Atlanta Police Department officers certified by the Georgia Peace Officer Standards and Training (POST) Council.
"Reconsideration" shall mean a process that allows a citizen or officer to request a review of a panel decision to the full board in limited circumstances. The granting of reconsideration is within the discretion of the Board.
"Resolution Review" shall mean a final decision process for the determination of an ACRB complaint decision in disagreement with an APD disagreement.
"Retaliation" shall mean the act of interfering, harassing, or intimidating a person who filed a complaint, attempted to file a complaint, expressed a desire to file a complaint, or participated in the investigation of a complaint.
"Reviewer" shall mean the individual charged with resolving the disagreement between the ACRB and APD final complaint decisions. (Ord. No. 2020-46(20-O-1477), § 1, 8-26-20)
Section 3. Appointment of members.
(a)The 15 members of the board shall be appointed as follows and said appointments shall be confirmed by the city council:
(1)One member shall be appointed by the mayor;
(2)One member shall be appointed by the city council;
(3)One member shall be appointed by the president of council with previous experience as a law enforcement professional;
(4)One member shall be appointed by Neighborhood Planning Unit ("NPU") group A—F;
(5)One member shall be appointed by NPU group G—L;
(6)One member shall be appointed by NPU group M—R;
(7)One member shall be appointed by NPU group S—Z;
(8)One member shall be appointed from the Gate City Bar Association;
(9)One member shall be appointed from the Atlanta Bar Association;
(10)One member shall be appointed by the League of Women Voters of Atlanta— Fulton County;
(11)One member shall be appointed by the Atlanta Business League;
(12)One member shall be appointed by the Georgia Coalition for the People's Agenda;
(13)One member shall be appointed by the Urban League of Greater Atlanta;
(14)One member between the ages of 18-30 shall be appointed by the Atlanta University Center Consortium, Inc.; and
(15)One member between the ages of 18-30 shall be appointed by the Street Smart Youth Project, Inc.
(b)"NPU groups", for this purpose, are recognized by alphabetically arranged groups of six or seven. The Atlanta Planning and Advisory Board ("APAB") shall be responsible for developing a process and coordinating the appointment of said board members.
(c)All appointments shall be confirmed by city council. All confirmed appointees should be inaugurated no more than 30 days after council confirmation.
(d)The members of the board may make recommendations to the mayor, president of council, and council members of prospective members to be appointed to the board.
(e)Nominees to the board shall be subject to an employment background check as well as a criminal history check. Nominees shall execute all releases necessary for the executive director and the police department to accomplish the §3 same. With regard to all nominees who have any employment history as law enforcement officers, such information shall also include:
(1)Relevant data and reports from the Peace Officers Standards and Training Council (POST) for nominees formerly or presently employed in Georgia, and from equivalent state entities or agencies for nominees employed in law enforcement in other states, and
(2)All available personnel files and disciplinary records from law enforcement or public safety employers of such nominees whenever they are available.
(3)If the nominee is determined to have committed a felony, the nomination will be withdrawn.
(f)The executive director shall review all reports described in subsection (e) above that are received and shall then deliver said reports to the chairperson of the public safety and legal administration committee in a timely manner. (Ord. No. 2020-46(20-O-1477), § 1, 8-26-20; Ord. No. 2021-23(21-O-0107), § 1, 5-12-21)
Section 4. Composition of board.
(a)For the purposes of subsection 2-2203(a)(3), experience as a law enforcement professional shall include experience as a police officer, criminal investigator, special agent, or a managerial or supervisory employee who exercised substantial policy discretion on law enforcement matters, in a federal, state, or local law enforcement agency, other than experience as an attorney in a prosecutorial agency.
(b)Others selected shall have skills and experience in areas relevant to the work of the board. Areas that should be represented are: civil rights work and litigation; community and business leadership; and relevant academic expertise.
(c)No member of the board shall hold any other public office or hold employment with the City of Atlanta.
(d)No attorney, member of his or her firm, or the immediate family of an attorney, who represents a plaintiff, defendant, witness, or a person or entity involved in civil or criminal matter involving the City of Atlanta, Atlanta Police Department or the Atlanta Department of Corrections presently or within three years shall be a member of the Board.
(e)To enable the board to conduct its work, the board is hereby authorized to hire its own executive director and appropriate investigative and clerical staff. Additional staff support to the board shall be provided by the office of the mayor, the city attorney, the police department and department of corrections upon the request of the board.
(f)At least two members of the Board shall be between the ages of 18 and 30 at the time of appointment.
(g)At the February meeting of the board, the chair of the board will be elected by the board from among its members.
(h)To enable the board to conduct its work, the board is hereby authorized to hire its own executive director and appropriate investigative and clerical staff. Additional staff support to the board shall be provided by the office of the mayor, the city attorney, the police department and department of corrections upon the request of the board. (Ord. No. 2020-46(20-O-1477), § 1, 8-26-20)
Section 5. Time limit on appointments.
(a)For all appointments of members to the board, the appropriate appointing party shall submit, in writing, names of those individuals to be considered for membership to the Atlanta City Council within 60 days prior to the expiration of the term of any member.
(b)Board members may serve a maximum of two consecutive terms. After which, the member shall not be reappointed for at least one year. A partial term of 18 months or more counts as a full term.
Terms of office.
All board member terms will be three years. (Ord. No. 2020-46(20-O-1477), § 1, 8-26-20)
Section 6. Training of board members.
(a)All board members shall participate in annual training sessions as arranged by the executive director.
(b)All new board members shall complete training in the following subject areas as arranged by the executive director: board orientation, use of force, criminal procedure, Open Meetings Law, Ethics, Conflicts of Interest, the Fourth Amendment, and Police Department and Department of Corrections Standard Operating Procedures (SOPs) as identified by the executive director and approved by the board.
(c)All board members shall participate in an Atlanta Police Department ride-a-long within one year of their appointments to the board.
(d)Within one year of their appointment to the board, all new board members shall complete the portions of the Atlanta Police Department Citizen's Academy that are determined by the executive director and approved by the board to be relevant to the members' board duties and responsibilities. Members shall be paid $50.00 for each Citizen's Academy session attended. (Ord. No. 2020-46(20-O-1477), § 1, 8-26-20)
Section 7. Vacancies.
(a)Any membership vacancies created on the board by any reason whatsoever shall be filled in accordance with the procedure outlined in section 2-2203.
(b)Should an appointing entity fail to nominate a prospective member of the board as outlined in section 2-2203, and a vacancy exists for more than 90 days from the date of the notice of vacancy provided to the appointing entity by the executive director, then the city council may make an appointment to the board for the remainder of the vacant term. (Ord. No. 2020-46(20-O-1477), § 1, 8-26-20)
Section 8. Organization; rules; consultations.
The board shall hold an organizational meeting in February of each year to elect officers and transact any other authorized business. At such meeting and thereafter from time to time on the call of the chair of the board, the board shall adopt and promulgate or amend such bylaws, rules and regulations as are deemed necessary or convenient to conduct the affairs of the board. The board and its members may consult with city officials, department heads in the performance of the business and duties of the board. (Ord. No. 2020-46(20-O-1477), § 1, 8-26-20)
Section 9. Officers.
(a)The membership of the board shall elect the following officers:
(1)The chair;
(2)The vice-chair; and
(3)The secretary.
(b)Elected officers shall serve one year terms from the time of their election at the organizational meeting. (Ord. No. 2020-46(20-O-1477), § 1, 8-26-20)
Section 10. Compensation; conflict of interest; removal.
(a)Members of the board shall be paid $100.00 for all monthly board meetings and training sessions attended. Further, board members shall be eligible for reimbursement for actual and necessary expenses incurred in the performance of their duties. Compensation shall not exceed the budgeted amount for the fiscal year.
(b)A member of the board may not contract to provide goods and services to the city in the ordinary course of the business or profession of such member. No member shall participate as a member in the review and recommendations of the board on any proposed work or work done by any such member or any corporation, partnership or other legal entity in which such member has any financial interest.
(c)A member of the board may be recommended for removal for good cause. Good cause may be found for the following:
•incompetence.
•neglect of duty,
•misconduct,
•unexcused absences,
•malfeasance, or
•failure to participate in training requirements.
(d)Every Board member shall complete the review of at least 80% of the cases assigned to that member. Any member with an unexcused absence from review of more than 20% of the cases during any Calendar Year (January 1 through December 31) may be removed from the Board. An excused absence may be granted by the Chair or the Executive Director if the Board member notifies the Chair or the Executive Director prior to the scheduled review hearing, and as soon as reasonably possible, for the following reasons:
(1)An unforeseen event,
(2)Illness or health related issues,
(3)Traveling out of town,
(4)Religious observances, or
(5)Conflict of interest. (Ord. No. 2020-46(20-O-1477), § 1, 8-26-20; Ord. No. 2022-41(22-O-1745), § 1, 11-16-22)
Section 11. Quorum; voting.
(a)Five members of the board and three (3) members of a Review Panel shall constitute a quorum for each board meeting.
(b)Decisions of the board shall be made by vote of a majority of the members present at the meeting.
(c)The board shall use "the preponderance of the evidence" as the standard of proof for all decisions. (Ord. No. 2020-46(20-O-1477), § 1, 8-26-20)
Section 12. Powers and duties of the board.
(a)The board shall advise the mayor, the president of city council, city council members and the chief of police and the chief of corrections on policies and actions of the police and corrections department with the purpose of improving the ability of police personnel to carry out their duties, and to improve the relationship between the police department, department of corrections and the community.
(b)The board shall have the responsibility of informing the public about the board and its duties, and shall develop and administer an ongoing program for the education of the public regarding the provisions of this Code section. In addition, the chief's of police and corrections or a designee shall meet with the, board periodically to aid in its fact-gathering function and pursuant to the provisions of the Atlanta Code of Ordinances.
(1)Board members shall participate in a minimum of three community outreach activities each calendar year.
(2)Any board member failing to meet three community outreach activities during any calendar year may be recommended for removal from the board for neglect of duty. The executive director shall maintain a record of board member community outreach activities.
(3)Each board member shall file a quarterly written report with the board member's appointing entity. The executive director shall maintain a record of all board member written reports to appointing entities.
(c)The board shall have the power to conduct investigations and hold public hearings.
(1)In the interest of promoting public confidence or where circumstances suggest doing so, the OPS or Chief, may, by written request, assign an allegation or allegations of misconduct to the ACRB to assume sole responsibility for the investigation and review of said allegation(s) of misconduct. Subject to a motion for reconsideration, infra, Board findings as to any allegation of misconduct shall be binding on a Department.
(2)The Board shall also investigate, review and hold a public hearing for all incidents, including those in which no allegation of misconduct is made, involving an officer's discharge of a firearm, an officer's discharge of a stun gun or taser in a manner that results in death or serious bodily injury, where a person has died or sustained serious bodily injury while in police custody, and all incidents of an "officer-involved death."
(d)The board otherwise shall have full discretion to select appropriate individual incidents to review from any person with personal knowledge of alleged misconduct committed by either the Atlanta Police Department or Department of Corrections. Additionally, the board shall have the discretion to review broader issues to study which may be of concern to the community, the police department and department of corrections, or the chief's of police and corrections; provided, however, that the board shall, to the best extent possible, minimize duplication of effort between the board and any other existing agencies which have jurisdiction over the same matter. The mayor, the president of city council, city council members and the chief's of police and corrections, and other responsible officials shall ensure that all such agencies cooperate to the greatest extent possible in the performance of their respective activities, studies, and operations.
(e)The board may initiate studies upon request to the board by any member of the public or the police department and the department of corrections, or at the board's own discretion. The board may review specific complaints or incidents of misconduct against individual police officers; including those involving language related to race, ethnicity, religion, gender, sexual orientation, gender identity, or disability.
(f)In order to accomplish its goals as set forth above, the board shall have full access in order to interview relevant police department and department of corrections personnel and to obtain copies of and to review and examine relevant documents, including, but not limited to, the following:
(1)OPS files, citizen complaints, and determinations made pursuant thereto; department and corrections review files; ethics and accountability files, and the files of any other internal investigative agency charged with investigating police misconduct incidents;
(2)Police paperwork (e.g., police documents and other paperwork produced by the police department and department of corrections for the purpose of investigating suspects or to aid in their prosecution);
(3)Information related to past assignments and disciplinary action;
(4)Police department and department of corrections directives and other documents that the board deems relevant to the issue under review;
(5)All general summaries, statistical compilations, and other internal reports on shootings, injuries, and complaints of abuse, training, and any other issues related to the work of the board.
(6)The board, at its discretion, may make specific recommendations at any time, and shall issue a public report summarizing its activities and recommendations not less than once a year to the mayor, the president of city council, city council members, the chief's of police and corrections, and the city ethics officer, and shall make copies of the report available to the public in the office of the Municipal Clerk of the City of Atlanta.
(7)No board finding or recommendation shall be based solely upon an unsworn complaint or statement, nor shall prior unsubstantiated, unfounded, or withdrawn complaints be the sole basis for any such finding or recommendation.
(g)The board shall acknowledge receipt of complaints filed by individuals alleging police or corrections officer misconduct within ten business days of receiving any such complaint. Such response shall indicate whether, in the exercise of its discretion, the board shall study the allegations made, not study them, or request additional information to enable the board to make a decision on its options.
(h)All employees of Atlanta City Government are hereby directed to fully cooperate with the board by promptly producing documents, records, files, and any other information that the board may request. In addition, employees, on request of the board, shall be available to meet with and be interviewed by, the board or its representatives, and/or to testify before the board. Upon notification by the executive director of the board that an employee has not cooperated as requested, the police chief or corrections chief shall cause appropriate disciplinary action to be instituted against the employee, and shall notify the board of the outcome of such action.
(i)The board may exercise subpoena power by majority vote, and compel access to or production of such materials or the appearance of such person as may be relevant to investigate or study or review matters within the board's authority and discretion. The board shall pay a $25.00 witness fee to Atlanta Police Department and Department of Corrections employees subpoenaed by the board to appear during any hours except the regular duty hours to which the employee is assigned.
(j)Failure to comply with a subpoena pursuant to this section shall be punishable in accordance with section 1-8 of the City of Atlanta Code of Ordinances.
(k)Corrections or police personnel who are designated as the subject of a related criminal investigation by a local law enforcement agency may elect not to appear until the conclusion of that investigation. Hearings shall be informal and strict rules of evidence shall not be applied. Testimony under oath shall be received from all persons who appear and purport to have information which is material to the complaint. A record shall be kept and shall be made available, upon payment of costs, to any person requesting same.
(l)All hearings shall be open to the public, except when, in the opinion of the board, and in accordance with the Open Meetings Act, executive sessions are required.
(m)The board shall have the power to recommend that the chief of police and the chief of corrections take certain actions.
(1)The board may recommend general reforms (such as changes in training, changes in the preservation of records, changes in counseling available to officers) or specific actions directed at individual officers (including, but not limited to, hiring, firing, promotion, demotion, punishment, or commendation);
(2)Provided, however, that the chief's of police and corrections shall retain full and ultimate authority, power, discretion, management prerogatives, and responsibility to set disciplinary policies or take other lawful actions they deem appropriate relative to the police department and department of corrections under the provisions of the City of Atlanta Code of Ordinances;
(3)Provided, further, that nothing in this section shall be construed to limit the rights of members of the police department and department of corrections with respect to disciplinary action, including but not limited to the right to notice and a hearing, which may be established by any provision of law or otherwise. The provisions of this section shall not be construed to prevent or hinder the investigation or prosecution of members of the police department or department of corrections for violations of law by any court of competent jurisdiction, a Federal or State Grand Jury, the United States Attorney for the State of Georgia, the Fulton County District Attorney, or other authorized officer, agency, or body.
(4)The chief shall not accept a recommendation from the board that shall punish the same officer more than once for the same act or omission that constitutes misconduct for which the officer has already been punished by the city.
(n)The board shall report a summary of findings semi-annually to the public safety committee.
(o)Within 30 days of the submission of a recommendation for action by the board to the chief of police or corrections, the chief of police or the chief of corrections shall respond in writing regarding which recommendations are accepted, rejected, held due to a pending OPS investigation or will be implemented with modifications. The responses from the chief of police and chief of corrections shall provide a legal or factual justification or indicate a managerial prerogative that clearly states the reason for the acceptance, rejection, or implementation with modifications of the board's recommendations. For those recommendations held by the chief of police or chief of corrections because the investigation has not been completed, the police department and department of corrections shall provide a status update in writing every 45 days from the date of the initial notification letter. Once a final decision is reached, the chief of police or chief of corrections shall respond to the board no later than 90 days with a final decision and action on the recommendation.
(1)Absent clear error, a Chief shall make all disciplinary decisions, consistent with the department's established disciplinary matrix and guidelines.
(2)Non-compliance with a deadline enables the full Board, by two thirds vote, to request the Chief to personally appear before the Board for further explanation or to address questions from the Board.
(3)If a Chief's written response disagrees with a finding of fact or refuses to follow a recommendation, the full Board, by two thirds vote, may request reconsideration, as provided herein.
(p)The board may operate a mediation program to handle certain complaints against police and corrections officers that will allow for greater understanding of incidents between citizens and officers.
(1)Complaints involving, but not limited to courtesy, language (excluding race, gender, and sexual orientation), abuse of authority, appropriate action (minor detainments without legal authority), and harassment, shall be eligible for mediation.
(2)The executive director may refer appropriate complaints to mediation as an option to resolution of the citizen complaint, subject to agreement being obtained from the complainant and officer(s) as well as no litigation pending regarding the incident to be mediated.
(3)The board shall be permitted to contract for mediation services.
(4)Once referred to mediation, the complainant and the subject officer(s) shall be required to participate in good faith in the mediation process. The mediation process shall continue for as long as the mediator believes it may result in the resolution of the complaint, except that it shall not extend beyond 30 days from the date of the initial mediation session, without approval of the executive director.
(5)The complainant and the subject officer(s) shall attend the mediation session and sign the Atlanta Citizen Officer Mediation Program's Memorandum of Agreement. If mediation is successful, the mediator and the parties shall sign a mediation agreement and the complaint will be closed as mediated. A letter indicating the successful resolution of the complaint will be forwarded to the chief of police or chief of corrections.
(6)If mediation is unsuccessful, the complaint shall be referred back to the executive director for further investigation if the complainant chooses to move forward under the normal investigative authority procedures.
(7)If, after agreeing to participate in mediation, the complainant fails or refuses to participate in mediation in good faith and/or fails to attend the mediation session at the appointed date and time without a valid excuse, the executive director may shall dismiss the complaint.
(8)If, after agreeing to participate in mediation, a subject officer fails or refuses to participate in mediation in good faith, such failure or refusal may constitute misconduct and grounds for disciplinary action. If warranted by the evidence, the chief of police or corrections shall cause appropriate disciplinary action to be initiated against the officer and shall notify the board of the outcome of such action. If a police officer fails or refuses to participate in mediation in good faith, the executive director shall refer the complaint for further investigation under the investigative authority procedures.
(9)Mediation tolls the timelines established for the investigation and subsequent process.
(10)No record will be made of the mediation proceedings. No information discussed will be used in any subsequent investigation or proceedings.
(11)The mediators shall be neutral trained mediators unaffiliated with the board or any other department of the City of Atlanta. The mediators shall be certified through the State of Georgia.
(q)The board shall make recommendations to the Chief of Police on the employment suitability of all applicants for employment as police recruits. These recommendations shall involve observation by one (1) ACRB Board member or staff member of the applicant interview. (Ord. No. 2020-46(20-O-1477), § 1, 8-26-20)
Section 13. Finding of necessity.
(a)It shall be the duty of the police department and department of corrections to provide such assistance as the board may reasonably request, to cooperate fully with studies by the board, and to provide to the board upon request records, personnel, and other materials which are necessary for the work of the board. It shall be unlawful for any document or information obtained through this process or created by the board or any member of its staff, to be released to the public unless such document is a public record under the Georgia Open Records Act.
(b)The board and its members shall not make public any confidential police or corrections document, or information derived from any such confidential police or corrections document. The findings of the board as they may relate to conclusions drawn from interviews, study, and review of documents, shall remain confidential until the board officially releases such findings. Any findings and conclusions of the board will be by majority vote by the board members and voting by board members will be conducted in public. Said findings will be provided to the mayor, the president of city council, city council members and the chief of police or corrections, within a period of three business days from the date of the vote. (Ord. No. 2020-46(20-O-1477), § 1, 8-26-20)
Section 14. Reconsideration.
(a)Complainants, affected Officers, a Chief and a Department may file a written motion for reconsideration of a Final Finding and Recommendation or Decision of the full Board or Review Panel.
(b)The full Board, by two thirds vote, may file a written motion for reconsideration of any action by a Chief whereby the Chief's written response disagrees with a finding of fact or a Board recommendation is rejected, held due to a pending OPS investigation or will be implemented with modifications
(1)A written motion for reconsideration must be filed within thirty (30) days of the date of the mailing or personal delivery of a) the Final Finding and Recommendation or Decision of the full Board or Review Panel or b) within thirty (30) days of the date of the mailing or personal delivery of the determination of the Chief that a Board recommendation was rejected, held due to a pending OPS investigation or will be implemented with modifications.
(2)The motion for reconsideration must allege newly discovered material, relevant evidence not previously available to the alleged aggrieved party, or material, relevant mistake of fact or law.
(3)No oral argument is permitted on a motion for reconsideration.
(c)A motion for reconsideration to the Board may be granted or denied by the Director, or, if deemed appropriate by the Director, submitted to the full Board and granted or denied by a majority vote of the full Board. If granted, in the discretion of the Director, the case may be remanded for additional investigation by the Board's staff and a Final Finding and Recommendation by the Board or submitted, without further investigation, to the full Board for a Final Finding and Recommendation.
(d)A motion for reconsideration to the Chief, after consultation with the City Attorney, may be granted or denied by the Chief. If granted, the Chief may modify the prior determination or remand the case to the Board. The Executive Director, in his or her discretion, may require additional investigation by the Board's staff and a Final Finding and Recommendation by the Board or submit, without further investigation, the case to the full Board for a Final Finding and Recommendation.
(e)Motions for reconsideration must be decided within twenty-eight (28) days of the date of the mailing or personal delivery of the motion for reconsideration. Non-compliance shall result in the granting of the motion for reconsideration with the relief as requested by the filing party.
(f)No person or entity shall file a second motion for reconsideration. (Ord. No. 2020-46(20-O-1477), § 1, 8-26-20)
Section 15. Resolution Review.
(a)The ACRB and APD may use the resolution review process to settle disagreements between final ACRB/APD complaint investigation decisions and related outcomes. Resolution review shall only be available after a reconsideration has concluded.
(b)Selection Agreement: Reviewer shall be selected upon agreement of the ACRB and the APD. If agreement is not made within 60 days of approval of this amendment by the Council, ACRB and APD must appear before Council to explain the reasoning for the lack of agreement and related discussion. If the APD and ACRB have not reached agreement within thirty (30)
days of their appearance before the Council, the power to select the Reviewer goes to the Council President.
(c)Compensation: Paid equally out of the ACRB and the APD budgets. Pay $100/hour
(d)Term of Contract: Two-year term with option to extend for one year, upon agreement of the ACRB and APD.
(e)Matters shall be referred to resolution review, upon the filing of a Notice to Move to the Resolution Review by either ACRB or APD being delivered to either ACRB or APD.
(f)Resolution Review Time limit: Thirty (30) days from date of receipt of ACRB/APD complaint, files and supporting documents, the Reviewer shall meet with the parties. Seven days before this meeting, the parties, City Attorney, APD and ACRB may submit a Position Statement to the Reviewer
(g)Reviewer Decision: Decisions are binding on all parties.
(h)Decisions that may be brought before the Reviewer:
a.Disagreement with Sustained, Not Sustained, Exonerated or Unfounded allegation.
b.Disagreement with the penalty imposed on a sustained allegation.
(i)Reviewer may remand investigations to the departments for additional work with a 30-day time limit for resubmission. Failure to re-submit investigations will cause the reviewer decision to be based on the original record submitted.
(j)Notices: All notices shall be strictly followed.
a.Notice to Move to Resolution Review (provided within five (5) days of the conclusion of the reconsideration)
b.Notice of Filing Resolution Review and supporting documentation (filed with ten (10) days of the conclusion of the reconsideration)
c.Notice of Response to Filing of Resolution Review and supporting documentation (provided within five (5) days after receipt of Notice of Filing of Resolution Review.
d.Record The Resolution Review record shall be limited to the complaint investigation file, reconsideration file, and the ACRB and APD Position Statements.
(k)Withdrawal of Resolution Review: Either party may withdraw their Filing of Resolution Review and provide Withdrawal of Resolution Review of such withdrawal at any time. The moving party's withdrawal of Resolution Review allows the nonmoving party's decision to stand as the conclusion of the matter. (Ord. No. 2020-46(20-O-1477), § 1, 8-26-20)