Summary of Advisory Opinion 11

Summary of Advisory Opinion 11; Request of Charles E. Johnson, Sr., Member of the DeKalb County Peachtree-DeKalb Airport Advisory Board (appointed from District 7) > August 13, 2007

Facts

Charles E. Johnson (Johnson) is a member of the DeKalb Peachtree Airport Advisory Board. Mr. Johnson is also the President of the engineering and consulting Firm of Williams-Russell and Johnson, Inc. (the Firm).

Issue

Mr. Johnson requests an advisory opinion as to whether his membership on the Advisory Board precludes him and the Firm from participating in or providing services for the DeKalb-Peachtree Airport Authority (Authority).

Conclusion

The Board of Ethics concluded that a conflict of interest will not be created under the DeKalb County Code of Ethics if Mr. Johnson disqualifies or recuses himself from participating in any official act or act of advice, consultation, rendering of opinions or recommendations to governing authorities with respect to any and all matters for which he or his Firm has an interest in a DeKalb County Purchasing and Contracting proposal, present or future.

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 County directly affecting a business or activity in which he has any pecuniary or material benefit. §22A(e)(1).  The Code, moreover, requires any member of the governing authority who has an interest he knows or has reason to believe may affect his official acts or actions to make full disclosure of the nature and value of such interest by sworn written statement to the Board of Ethics and ask for its opinion as to the propriety of said interest. Similarly, every member of the governing authority who knowingly has any contract to which DeKalb County is or is about to become a party, or any other business with DeKalb County shall make full disclosure of such interest to the governing authority of DeKalb County and the Board of Ethics. 22A(d).