Legislative Purposes and Intent

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Codes of Ethics and Conflicts of Interest
  5. Conflicts of Interest
  6. General Provisions
  7. Legislative Purposes and Intent

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  1. It is essential to the proper operation of democratic government that public officials be independent and impartial, that governmental decisions and policy be made in the proper channels of the governmental structure, that public office not be used for private gain other than the remuneration provided by law, and that there be public confidence in the integrity of government. The attainment of one or more of these ends is impaired whenever there exists a conflict between the private interests of an elected official or a government employee and his duties as such. The public interest, therefore, requires that the law protect against such conflicts of interest and establish appropriate ethical standards with respect to the conduct of elected officials and government employees in situations where conflicts exist.
  2. It is also essential to the proper operation of government that those best qualified be encouraged to serve the government. Accordingly, legal safeguards against conflicts of interest must be so designed as not unnecessarily or unreasonably to impede the recruitment and retention by the government of those men and women who are best qualified to serve it. An essential principle underlying the staffing of our government structure is that its elected officials and employees should not be denied the opportunity, available to all other citizens, to acquire and retain private economic and other interests, except where conflicts with the responsibility of such elected officials and employees to the public cannot be avoided.
  3. The General Assembly declares that the operation of responsible democratic government requires that the fullest opportunity be afforded to the people to petition their government for the redress of grievances and to express freely to individual members of the General Assembly, to committees of the General Assembly, and to officials of the executive branch their opinions on legislation, on pending executive actions, and on current issues and that, to preserve and maintain the integrity of the legislative and administrative processes, it is necessary that the identity, expenditures, and activities of certain persons who engage in efforts to persuade members of the General Assembly or the executive branch to take specific actions, either by direct communication to such officials, or by solicitation of others to engage in such efforts, be publicly and regularly disclosed. The provisions of this article shall be liberally construed to promote complete disclosure of such information so as to assure that the public interest will be fully protected.
  4. It is the policy and purpose of this article to implement these objectives of protecting the integrity of all governmental units of this state and of facilitating the recruitment and retention of qualified personnel by prescribing essential restrictions against conflicts of interest in state government without creating unnecessary barriers to the public service.

(Code 1981, §45-10-21, enacted by Ga. L. 1983, p. 1326, § 1.)

Law reviews.

- For article, "Conflicts of Interests of Public Officers and Employees," see 13 Ga. St. B.J. 64 (1976).

JUDICIAL DECISIONS

Ad hoc analysis rather than a per se rule of disqualification applies pursuant to O.C.G.A. § 45-10-21(b) to determine whether an impermissible conflict exists when a lawyer-legislator represents a client with a claim against the state, and courts should review the facts of a case to determine whether the lawyer-legislator has committed any improper conduct or professional wrongdoing in order to decide whether the lawyer-legislator should be disqualified. Ga. Ports Auth. v. Harris, 274 Ga. 146, 549 S.E.2d 95 (2001).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 252, 255.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 80 et seq.


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