Disclosure of Financial Interests

  1. Law
  2. Georgia Code
  3. Local Government
  4. Conflict of Interest in Zoning Actions
  5. Disclosure of Financial Interests

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A local government official who knew or reasonably should have known he or she:

  1. Has a property interest in any real property affected by a rezoning action which that official's local government will have the duty to consider;
  2. Has a financial interest in any business entity which has a property interest in any real property affected by a rezoning action which that official's local government will have the duty to consider; or
  3. Has a member of the family having any interest described in paragraph (1) or (2) of this Code section

    shall immediately disclose the nature and extent of such interest, in writing, to the governing authority of the local government in which the local government official is a member.The local government official who has an interest as defined in paragraph (1) or (2) of this Code section shall disqualify himself from voting on the rezoning action.The disqualified local government official shall not take any other action on behalf of himself or any other person to influence action on the application for rezoning. The disclosures provided for in this Code section shall be a public record and available for public inspection at any time during normal working hours.

(Code 1981, §36-67A-2, enacted by Ga. L. 1986, p. 1269, § 1; Ga. L. 1991, p. 1365, § 1.)

RESEARCH REFERENCES

ALR.

- Bias or interest of administrative officer sitting in zoning proceeding as necessitating disqualification of officer or affecting validity of zoning decision, 4 A.L.R.6th 263.

JUDICIAL DECISIONS

Statute of limitations.

- Because the tolling exception to the statute of limitation applied to the failure to disclose a financial interest charge, and the prosecution for that charge was timely commenced after the crime was discovered, the trial court did not err by denying the defendant's plea in bar based on the expiration of the statute of limitation. Kenerly v. State, 325 Ga. App. 412, 750 S.E.2d 822 (2013).


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