Summary of Advisory Opinion 1

Summary of Advisory Opinion 1; Request of DeKalb County Commissioner Member Jacqueline B. Scott for Advisory Opinion > November 22, 1991

Facts

Jacqueline B. Scott is a member of the DeKalb County Board of Commissioners. She resides in a home on Alameda Trail in DeKalb County, Georgia. On November 2013, 1991, the Board of Appeals of DeKalb County was scheduled to consider the request for another resident on Alameda trail for a special exemption under the DeKalb County Ordinance to permit the operation of a beauty salon in the resident’s home. That resident’s property is seven or eight houses away from Commissioner Scott’s, and is zoned residential.

Issue

Commissioner Scott requests an Advisory Opinion as to whether, in light of the fact that she lives in the same neighborhood as the applicant, it would be a violation of the Code of Ethics of DeKalb County for her to vote on the aforesaid application if it is to be heard by the Board of Commissioners.

Conclusion

The Board of Ethics concluded there would be no violation of the code of ethics if Commissioner Scott were to vote on the application at issue.

Discussion

The DeKalb County Code of Ethics requires any member of the governing authority to disqualify himself from participating in any official act or action of DeKalb Country directly affecting a business or activity in which he or she may directly or indirectly receive any monetary or material benefit. 22A(e)(1); (b)(7).

Here, the Board found that the application, whether granted or denied, would not result in a direct or indirect pecuniary or material benefit to the Commissioner.

 

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