Fani Willis Appears To Have Violated At Least Six Sections Of The Fulton County Ethics Code
It May Be Easier To State Which Sections She Hasn't Violated
A perusal of the Fulton County Ethics Code shows District Attorney Fani Willis appears to have violated at least six sections and even more subsections. Issues include conflict of interest, appearance of conflict of interest, gifts from parties she is doing business with, personally benefitting from contracts, failing to disclose conflicts of interest, and lack of impartiality in her official duties.
We’re filing an ethics complaint because she illegally refused to release certain financial records under Georgia’s Open Records Law. In addition, our complaint also notes the questions about gifts she received based on court filings in Nathan Wade’s divorce case.
Specific sections of the Ethics Code she seems to have violated are:
Sec. 2-66. Declaration of policy and aspirational objectives.
(a) It is essential to the proper government and administration of Fulton County that
members of the board of commissioners, as well as all other officers and
employees of the county, are in fact and in appearance, independent and
impartial in the performance of their official duties; that public service not be used
for private gain; and that there be public confidence in the integrity of the county.
(b) Officers and employees should aspire to avoid even the appearance of a conflict
of interest by avoiding conduct or circumstances that would provide a reasonable
basis for the impression that the officer’s or employee’s ability to protect the
public interest or impartially perform an official act is compromised by his or her
financial or personal interests in the matter or transaction.
(c) Officers and employees should aspire to avoid even the appearance of
impropriety by avoiding conduct or circumstances that would provide a
reasonable basis for the impression that a person can improperly influence or
unduly enjoy the officer’s or employee’s favor in the performance of his or her
official acts or actions. The appearance of impropriety can exist even in the
absence of actual impropriety.
Sec. 2-68. Conflicts of interest generally / Impartiality.
(a) No officer or employee shall perform, or fail to perform, any official act or
influence others to perform, or fail to perform, any official act, on a matter in
which the officer or employee knows, or reasonably should know, they have an
interest that may be affected.
(c) No officer or employee shall, by virtue of his or her position with the county,
except as necessary in the performance of his or her official duties, directly or
indirectly influence or attempt to influence the decision of any other officer or
employee who must act to further any county procurement, policy, contract,
matter, or transaction.
Sec. 2-69. Gifts and favors / Honoraria.
(a) No officer or employee shall directly or indirectly solicit, request, exact, receive,
or agree to receive a gift, loan, favor, promise, or thing of value, in any form
whatsoever, for himself, herself, or another person, from any prohibited source.
4) a ticket or pass of admission, or a discount on such ticket or pass of
admission to a price below its face value, given to an officer or employee
by a member of his or her immediate family, or given by a business, other
than a public agency, in which the officer or employee or a member of his
or her immediate family serves as an officer, director, stockholder,
creditor, trustee, partner, or employee; and
(5) a ticket or pass of admission to any recreational, entertainment, or
sporting event, or a discount on such ticket or pass of admission to a price
below its face value, if the officer or employee at issue is performing an
official duty at the event. For purposes of this subsection, an official duty
shall include any appearance, meeting, discussion, greeting, or
introduction, the substantial purpose of which is related to the
performance of an official act.
Sec. 2-74. Abstention and disclosure of interest.
An officer or employee who has an interest in a contract, matter, or transaction that he
or she has reason to believe will be affected by his or her official acts or actions, or by
the official acts or actions of the county, shall abstain from participating in such official
acts or actions and shall not vote for or against, discuss, decide, or otherwise participate
in the county's consideration of the contract, matter, or transaction, or otherwise attempt
to or actually influence the vote, discussion, or decision of the county regarding the
contract, matter, or transaction. In addition, the officer or employee shall disclose
publicly the nature of such interest prior to any determination of the contract, matter, or
transaction.
Sec. 2-75. Incompatible interests and employment.
(a) No officer or employee shall invest or hold any investment, directly or indirectly, in
any financial, business, commercial, or other private contract, matter, or
transaction, which creates a conflict with and adversely affects the performance
of official duties by the officer or employee to the detriment of the county.
Sec. 2-76. Contracts involving officers and employees.
(a) The county shall not enter into any contract involving services or property with an
officer or employee, or with a person or business in which an officer or employee
has an interest. This section shall not apply in the case of:
(b) No officer or employee shall participate in any contract involving the county if he
or she knows or should have known that an interest in the contract is possessed
by such officer or employee, one or more members of his or her immediate
family, or any business, other than a public agency, in which he or she or a
member of his or her immediate family serves as an officer, director, stockholder,
creditor, trustee, partner, or employee.
Sec. 2-79. Disclosure of income and financial interests. (Amended 8/4/04, item
no. 04-0796)
(a) On or before April 15 of each calendar year, each of the following individuals
shall file an income and financial disclosure report with the clerk to the
commission, which report shall cover the preceding calendar year…