At a Special Called meeting of the Stockbridge City Council for September 22, 2014, the Council had an executive meeting and returned to note that they are requesting the law firm of Wilson, Morton & Downs to file charges against Councilman Steinberg for violation of the charter. They want charges specific to section 2.17 of the Charter to be invoked and a hearing set accordingly. They also said that the attorneys for Steinberg and Councilwoman Buschman can see the documentation that was received by the council about these actions. Below is the wording of the charter under section 2.17 and 2.16.
Section 2.17. Removal of officers.
(a)
The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1)
Incompetence, misfeasance, or malfeasance in office;
(2)
Conviction of a crime involving moral turpitude;
(3)
Failure at any time to possess any qualifications of office as provided by this charter or by law;
(4)
Knowingly violating Section 2.16 or any other express prohibition of this charter;
(5)
Abandonment of office or neglect to perform the duties thereof; or
(6)
Failure for any other cause to perform the duties of office as required by this charter or by state law.
(b)
Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1)
By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Henry County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or
(2)
By an order of the Superior Court of Henry County following a hearing on a complaint seeking such removal brought by any resident of the City of Stockbridge.
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Section 2.16. Prohibitions.
(a)
No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1)
Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties;
(2)
Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties;
(3)
Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others;
(4)
Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;
(5)
Represent other private interests in any action or proceeding against this city or any portion of its government; or
(6)
Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest.
(b)
Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter bending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity.
(c)
No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(d)
Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(e)
Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.
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The Staff of the Henry County Community News
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