It is improper and illegal for a member of a municipal council to vote upon any question brought before the council in which he is personally interested.
(Civil Code 1895, § 751; Civil Code 1910, § 900; Code 1933, § 69-204.)
Law reviews.- For article, "Cities and Towns in Georgia: A Distinction with a Difference?," see 14 Mercer L. Rev. 385 (1963). For article surveying important general legal principles of municipal and county government purchasing and contracting in Georgia, see 16 Mercer L. Rev. 371 (1965). For article discussing the impropriety of municipal employees representing their own self-interests in public matters, specifically relating to municipal purchasing, see 5 Ga. St. B.J. 309 (1969). For article discussing the effect of the general criminal statute on self-interest and municipal purchasing ( § 16-10-6) on the general statute on votes by municipal councilmen in matters of personal interest (this section) and on local statutory law, see 7 Ga. St. B.J. 431 (1971).
JUDICIAL DECISIONS
"Personal" interest is construed as a "financial" interest. Story v. City of Macon, 205 Ga. 590, 54 S.E.2d 396 (1949).
Contract void when council member stockholder in benefited corporation.
- Contract entered into between a private corporation and a city, under which the corporation is to perform certain work for which payment is to be made out of the city treasury, is void if at the time of the contract's execution one of the members of the city council was also a stockholder in such private corporation and such a contract does not become valid and legal when, subsequently, the interested member of the council sells the stock which the member owned at the time of the execution of the contract. Hardy v. Mayor of Gainesville, 121 Ga. 327, 48 S.E. 921 (1904).
Contract between a city and a construction company, in which a member of a council is a large stockholder, is null and void, although such member of a council did not vote for the ordinance authorizing such contract, and did not use the member's influence in procuring other members of council to approve and authorize the making of such contract, and although such contract is fair and free from fraud. Montgomery v. City of Atlanta, 162 Ga. 534, 134 S.E. 152 (1926).
Contract cannot be ratified by resignation of member.
- When such an illegal contract has been made, the contract cannot subsequently be ratified by the resignation of the interested councilman and the confirmation of the contract by the council. Montgomery v. City of Atlanta, 162 Ga. 534, 134 S.E. 152 (1926).
Appointment of depository of which mayor and councilman are officers.
- An ordinance naming a certain bank as the city depository and requiring the treasurer of the city to place all the municipal funds coming into the treasurer's hands therein is not necessarily void because the mayor of the city and one of the councilmen voting to adopt the ordinance were respectively officer and director of the bank named as depository. Smith v. City of Winder, 22 Ga. App. 278, 96 S.E. 14 (1918).
Ownership of land subject of public improvement.
- Ownership by a member of a municipal council of land which will be affected by a public improvement does not disqualify the member from voting on such improvement. Story v. City of Macon, 205 Ga. 590, 54 S.E.2d 396 (1949).
Councilman employed as attorney by contractor.
- Abutting owners cannot complain after completion of a municipal contract because of illegal participation in the execution of a municipal contract by a councilman who had been employed as an attorney by the contractor. Cochran v. City of Thomasville, 167 Ga. 579, 146 S.E. 462 (1928).
Employment by school subject of rezoning.
- Fact that a councilman is employed by a school which would benefit from a rezoning which is being voted on is not a sufficient "personal interest" to fall under this section. Crawford v. Brewster, 225 Ga. 404, 169 S.E.2d 317 (1969), overruled on other grounds, 244 Ga. 765, 262 S.E.2d 53 (1975).
Cited in Olley Valley Estates, Inc. v. Fussell, 232 Ga. 779, 208 S.E.2d 801 (1974).
RESEARCH REFERENCES
Am. Jur. 2d.
- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 130.
C.J.S.- 62 C.J.S., Municipal Corporations, § 298.
ALR.
- Validity of municipal ordinance as affected by motive of members of council which adopted it, 32 A.L.R. 1517.
Member of governmental board voting on measure involving his personal interest, 133 A.L.R. 1257.