BOARD OF COMMISSIONERS

OF FULTON COUNTY

FULTON COUNTY GOVERNMENT CENTER

141 PRYOR STREET. SW
ATLANTA. GEORGIA 30303

JOHN

H.

(404) 612 -8206

FAx: (404) 730-4754
EMAIL:John.Eaves@FultonCountyGa.Gov
TELEPHONE:

EAVES

CHAIRMAN

May 14,2015
By Hand Delivery and Electronic Mail
Samuel S. Olens, Attorney General
Georgia Department of Law
40 Capitol Square, S.W.
Atlanta, GA 30334
Re:

Potential Ethical Violation regarding the Appointment of City of Atlanta

Councilwoman Keisha Lance Bottoms to serve as Executive Director of the
Atlanta-Fulton County Recreation Authority

Dear Mr. Olens:

I am writing to you regarding the facts and circumstances surrounding the recent
appointment of Atlanta City Councilwoman Keisha Lance Bottoms to serve as Executive
Director of the Atlanta-Fulton County Recreation Authority (the "Authority"); and to request that
the Law Department investigate to determine whether any ethical or legal provisions have been
or may be violated by such appointment.
The Authority is a public corporation and political subdivision of the State of Georgia
established on March 17, 1960 by the Georgia legislature's enactment of the City of Atlanta and
Fulton County Recreation Authority Act (Ga. L. 1960, p. 2810), as amended. The Authority
currently provides for the maintenance and operation of Turner Field Stadium, the New Hawks
Arena, the Atlanta Zoo, and the John A. White Junior Golf Academy. At a specially meeting on
April 14,2015, the Authority members' appointed City of Atlanta Councilmember Keisha Lance
Bottoms ("Councilmember Bottoms") to serve as Executive Director' for the Authority.

J Pursuant to the bylaws for the Authority, membership on the Authority consists of six (6) appointees from the City
of Atlanta and three (3) from Fulton County.
2 Pursuant to Section 6.9 of the Authority's bylaws, the Executive Director is the chief operating officer for the
Authority and shall have general and active management responsibility for the day to day business of the Authority,
including a limited power to contract to hire employees and/or purchase supplies and materials necessary for the
promotion, operation and maintenance of the Authority and its land, facilities, equipment and services.

Sam S. Olens, Esq.

Request for Investigation - AFCRA
May 14,2015
Page 2

I am requesting a determination of whether the interests which Councilmember Bottoms

holds in her role as Executive Director of the Authority are incompatible with those in her role as
a Councilmember for the City of Atlanta under Section 2-820(b) of the City of Atlanta's Code of
Ethics. That Code Section provides, "[n]o official or employee shall engage in or accept private
employment or render services for private interests when such employment or service is adverse
to and incompatible with the proper discharge of official duties of the official or employee."
Since the City's Code of Ethics defines "official" to include an elected official of the City,
Section 2-820 of the City's Ethics Code would appear to apply to Councilmember Bottoms.
Clearly ethical rules are implicated by the appointment of Ms. Bottoms because,
according to the attached document, Councilmember Bottoms requested an opinion from the
City's Ethics Officer prior to her appointment. While the Ethics Officer did not find that her
appointment was a per se violation of 2-820(b) of the City's Ethics Code, the Ethics Officer

acknowledges that a more in-depth analysis may be required and further noted:
. .. a complete ethical analysis of this issue requires [Councilmember Bottoms]
as well as the Authority to evaluate whether Councilmember Bottoms'
appointment creates an appearance of impropriety or causes a reasonable taxpayer
to question whether the interest of the Council Member serving in this position
impairs that person's ability to act in the best interest of the City. The City of
Atlanta's Ethics Code does not specifically regulate 'appearances of impropriety'.
Another potential issue not addressed by the Ethics Opinion exists under Section 2-808 of
the City's Code of Ethics. That provision prohibits representation of private interests before
agencies. While "private interest" is not defined by the City's Code of Ethics, Section 2-808
provides in pertinent part:
... [n]o official or employee shall appear on behalf of private interests before any
agency, except as a matter of public record in a court of law as provided by
section 2-809 of this division. Councilmembers may appear on behalf of
constituents or in the performance of public or civic obligations before any
agency but only without compensation or remuneration of any kind. In no
instance shall council members appear before the Zoning Review Board (ZRB) or
the Board of Zoning Adjustment (BZA) on behalf of constituents or in the
performance of their public or civic obligations; they may, however, appear in
their own behalf, in relation to their own property interests.
Additionally, I am requesting a determination whether Councilmember Bottoms'
compensation as Executive Director of the Authority would prohibit her from appearing before
any City agencies - as potentially required in her role as Executive Director -within the meaning
of Section 2-808. In a similar vein, the Standard of Conduct in Section 6.2 of the Authority's
bylaws provides that "officers of the Authority shall not engage in any business, employment or
transaction, or render services, or have contractual, financial or other private interests which are,

Sam S. Olens, Esq.

Request for Investigation - AFCRA
May 14,2015
Page 3

or reasonably could appear to be, in conflict with the proper discharge of their official duties or
which would tend to impair the independence and objectivity of judgment in the performance of
their official duties." To the extent that Councilmember Bottoms would be lobbying or seeking
funding on behalf of the Authority from the City of Atlanta, her dual roles could present at the
very least the appearance of an ethical conflict.
Accordingly, I would ask that your Department investigate this matter more fully so

that public integrity is maintained. I have attached a copy of the City of Atlanta Ethics
Officer's April 3, 2015 opinion.
Please let me know if you need any additional information regarding this request.
Thank you in advance for inquiring into this very serious ethical matter.

B t regards,

+.L
H. Eaves, Ph.D
lton County Commission Chairman
Attachment
xc:

Fulton County Board of Commissioners

Board Members, Atlanta Fulton County Recreation Authority