O.C.G.A. § 45-10-28 (2019)

Annotations

OPINIONS OF THE ATTORNEY GENERAL Commission member transacting business with commission. - It would be an impermissible conflict of interest for an attorney member of the State Ethics Commission, any business on whose behalf a commissioner is acting, or any business in which the member or a member of

his or her family owns a substantial interest, to transact business with a state agency other that the commission if the work is directly or indirectly for the benefit of the commission. 2002 Op. Att’y Gen. No. 2002-4. State board member who is Medic-

PUBLIC OFFICERS & EMPLOYEES

aid provider. - The only time a conflict of interest would occur for a state board member who is a Medicaid provider but who does not have ‘‘state-wide powers’’ would be if such individual was a member of the Board of Medical Assistance (now Board of Community Health), which is authorized to establish the policy for the Department of Medical Assistance (now Department of Community Health). 1983 Op. Att’y Gen. No. U83-48. Authority member’s company contracting with another state agency. - A transaction between the Department of Transportation and a construction business whose president/owner is also a member of the Georgia Ports Authority would not constitute a conflict of interest under state law unless the transaction is for the benefit of the Georgia Ports Authority in which case a conflict of interest would exist. 1983 Op. Att’y Gen. No. U83-56. State Transportation Board member. - No conflict of interest exists under current state law if the firm of a member of the State Transportation Board performs work for another governmental entity unless the work is directly or indirectly for the benefit of the Georgia Department of Transportation. 1991 Op. Att’y Gen. No. U91-13. Contract by state with board member’s brothers not conflict. - No conflict of interest would occur by brothers of a member of the Board of Offender Rehabilitation bidding upon and receiving contracts to sell meat to Central State Hospital or any other state agency when each

brother’s business is completely separate and distinct from the board member’s, and that the board member holds no interest in the brothers’ businesses. 1984 Op. Att’y Gen. No. 84-18. Business acquiring property from state department. - There is no conflict of interest or violation of the applicable Code of Ethics for a member of the Board of Natural Resources to transact business with a corporation which has acquired from the State of Georgia real property previously within the custody and control of the Department of Natural Resources. 1988 Op. Att’y Gen. No. 88-4. Board member’s contract with another department to supply board’s department is conflict. - A conflict of interest would arise if a member of the Board of Offender Rehabilitation sought to contract with the Department of Human Resources for the supply of meat when a portion of that meat would be used under the contract between the Department of Human Resources and the Department of Offender Rehabilitation for supplying meals to the Department of Offender Rehabilitation’s staff and inmates. 1984 Op. Att’y Gen. No. 84-18. Member of Board of Regents of University System. - Business transactions between any member of the Board of Regents and the University System of Georgia are prohibited absent a statutory exception permitting the transaction, and then only if there is no common law conflict creating a breach of the member’s constitutional fiduciary duty. 2004 Op. Att’y Gen. No. 2004-7.

RESEARCH REFERENCES Am. Jur. 2d. - 63C Am. Jur. 2d, Public Officers and Employees, § 252 et seq. C.J.S. - 67 C.J.S., Officers and Public Employees, §§ 102, 103. ALR. - Liability of public officer or his

bond for the defaults and misfeasances of his clerks, assistants, or deputies, 1 ALR 222; 102 ALR 174; 116 ALR 1064; 71 ALR2d 1140.