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Module 3: The Power Seller

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Simon is a city employee that works with the IT department. He has access to applications and programs that most employees cannot use.  He set up a online business called “Sell-Bay” which he has been running for a few years. He has made enough money with this business that he now has his co-worker, Chris, working for him.  Simon and Chris routinely monitor the Sell-Bay website and often do so during their city work hours.  

Module 3: Q&A

Question 1: Should Chris be working for Simon? Could one of his other co-workers work for him?

A. Yes, as long as they work for him after hours and not on city time.
B. No because this violates city policy.
C. Yes, if they use their personal laptops during their lunch breaks..

Answer: B. This employment is not permissible under the Ethics Code and violates Section 2-820 of the Code.  The employees should not be providing services for a co-worker’s private business even if it is during their lunch hour.

Question 2: Some of Simon’s best customers are City of Atlanta employees and he regularly sends emails with upcoming promotions at work.  Is this permissible?

A. Yes, and he can use his city laptop, if he does so during his lunch hour.
B. Yes, as long as he uses his personal laptop at work.
C. No, because this violates city policy.

Answer C: No because this violates Section 2-811 on use of city property.  Section 2-811 prohibits city employees from using city property for their private gain.  Simon is using city laptop to send emails promoting his business; as well as misusing city time because he should be working, not sending personal emails

Question 3:  If Simon brought his personal laptop and was using it instead of his work laptop to conduct his business, is that permissible?

A. No, because this violates city policy.
B. Yes, because he is not using his city laptop.
C. Yes, but he should only do so during his lunch hour.

Answer: A. No, Simon cannot do so because thisviolates Section 2-811 on use of city property.  It doesn’t matter that he is bringing his personal laptop to work; the problem is that he is conducting his business at work on city property and while on his city time, and this is not permissible.

Question 4: Should Simon disclose this income and outside employment?

A. No, because he is not making more than $10,000 a year.
B. No, because he is not a high level employee and this is not required.
C. Yes, he should disclose if he is required to file an annual disclosure statement

Answer: C. Yes, under Section 2-814 Simon must disclose his outside employment if he is required to file a disclosure statement and must also indicate that he is making more than $5000 from his outside employment. 

Module 4: The Dinner Deal

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John and Michael are sitting at a restaurant table after a long day working together on a project involving the City of Atlanta’s sewer system. They are not aware that Linda, also working on the same contract, is sitting a few tables away eavesdropping. She overheard Michael talking on the phone to John earlier that day and setting up the dinner meeting and decided to drop by secretly.  She asks a friend of hers to meet her there so that she can blend in.  

Module 4: Q&A

Question 1:  Is it permissible for Michael to meet John for dinner at the restaurant after work?

A. No, because they work together on a city project.
B. No, because they are meeting after work hours and not during city hours.
C. Yes, Michael may meet John for dinner at the restaurant.

Answer: C. Yes, Michael can meet John at the restaurant for dinner but he must pay for his own dinner. John should not pay for Michael’s dinner because to do so would violate Section 2-817 of the Ethics Code which governs gratuities. John is considered a prohibited source and employees are prohibited from accepting anything of value from prohibited sources; unless specific exceptions apply.    

Question 2: If Michael decides to accept John’s offer to work for him can he do so?

A. Yes, if he will work for John on his own personal time.
B. No, because he works closely with John on his city job.
C. No, because John has a contract with Michael’s department.

Answer: B. Michael should not accept an offer of employment from John because they currently work together closely on a city project and to do so would violate Section 2-820 on Incompatible Interests.  Michael cannot accept this private employment or provide private services for Michael because this is incompatible with his job duties. 

Question 3: If John asks Michael to work on an unrelated project with a private company can Michael accept?

A. Yes, he can accept the offer.  
B. No, he cannot accept the offer.
C. Yes, but he must get permission from his manager before he does so.

Answer: B. Michael should not work for John in any capacity while they are working together on the current city project.  Because he oversees and manages that project, it would be a conflict of interest for him to work for the city contractor. This employment is adverse to his official job duties and violates Section 2-820. 

Question 4: If Michael learns that Linda intends to report what took place during his dinner with John using the Integrity Hotline, what can Michael do to stop her?

A. Attempt to discourage Linda from reporting the violations because he is her boss.
B. Fire Linda for cause since she was spying on him.
C. Refrain from interfering because Linda is acting in good faith.

Answer: C. Under Section 2-823 of the Ethics Code, Michael cannot use or threaten to use any official authority or influence to discourage, restrain or interfere with any other person for the purpose of preventing such person from acting in good faith to report or otherwise bring to the attention of the board of ethics information relating to an ethics violation or investigation. Therefore, since Linda is acting on good faith based on her observations of Michael’s actions, Michael must refrain from interfering with her bringing the matter to the attention of the Ethics Officer.

Conflicts & Prohibited Sources

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Appropriate dealings and relationships between officials and employees of the City of Atlanta and city contractors, vendors, customers and other prohibited sources play a key role in building an ethical culture which promotes public trust and protects the integrity of city government.

What do you mean by "Prohibited Sources?"

Prohibited sources fall into several categories. They include a person, business, or entity that is:

• Seeking official action from the city;
• Doing or seeking city business;
• Representing a client doing business, seeking business, or seeking official action from the city;
• Registered as a lobbyist with the Georgia Government Transparency and Campaign Finance Commission; or
• Has an interest that could be substantially affected by how an official or employee performing his or her official duties.

What do you mean by a "Conflict of Interest?"

Officials or employees have a conflict of interest when they place their own financial or personal interests over the best interests of the city.

Examples

• The cashier who assists a water customer, who is a prohibited source, with his accounts cannot accept $20 for lunch from the customer in appreciation for the employee's services.

• A city employee may not send emails or make telephone calls to department contractors and vendors, who are prohibited sources, to raise funds for an employee picnic during National Public Works Week.

• The city's fire marshal with oversight authority over fire safety inspectors and permits at public venues, such as a nightclub, may not be hired as an in-house fire marshal at one of those venues.

• An employee in the airport's concessions office cannot develop or approve the specifications for the request for proposal for food and beverage concessions when she is discussing future employment with a concessionaire that plans to submit a bid.

• A councilmember who is a member of the board of directors of a non-profit organization should not vote on legislation awarding city funds to it.

*Note: The information above is not intended as a guide in any specific situation. For questions about how these rules apply to a particular situation, please contact the Ethics Office.