Committee on Council approves charter amendment separating Inspector General and Ethics offices after debate on subpoena power

The Atlanta Committee on Council voted to advance a substitute charter amendment that separates the Office of Inspector General (OIG) and the city Ethics Office into two distinct entities with independent governing boards, adding procedural clarifications and limits on third‑party subpoenas. The committee approved the substitute as amended by a 5 ayes, 1 nay, 1 abstention vote and forwarded it to full council for the first of two required adoptions under Georgia’s municipal Home Rule Act.

The substitute (item 32501009) revises the City of Atlanta charter to create separate governing boards for the OIG and the Ethics Office, clarifies intake and record procedures (including allowance for taped video responses), confirms a two‑year term for board members in some cases, and inserts language about the handling of compelled employee statements. The substitute reflects edits made after a task‑force review, a work session with the Finance and Executive Committee and follow‑up from the law department.

Council member Isha Collins (Post 3 at‑large), chairing the meeting, read the substitute caption and opened the paper for discussion. City Attorney Patrice Perkins explained legal constraints and several substantive changes, including a provision that requires city units to document in writing any internal processes that delay surrendering property requested by the OIG and provide an estimated surrender date. Perkins said the substitute also clarifies an intake system for complaints and removes several prior cross‑references to the combined ethics governing board.

Perkins emphasized the legal status of employee interviews under the proposed language and existing constitutional case law: “Because you compelled them to participate when you created this office ... those statements cannot be deemed voluntary as a matter of law.” She told the committee that simply labeling a statement “voluntary” would not, under settled law, negate the compelled nature of interviews for city employees unless the charter expressly removed any possibility of adverse employment action for non‑cooperation.

Public commenter James (Jim) Martin, a Berkeley Park resident, criticized the proposed limitations on third‑party subpoenas and the process by which the legislation advanced. “I emailed all of you over the weekend to express my disgust and dismay over both the content of this legislation and the process by which it has been moved forward,” Martin said. He urged the council to remove the revisions limiting third‑party subpoenas, saying the changes would give targets notice that could let them destroy evidence and intimidate witnesses.

Perkins also described a recent administrative step she took: issuing a cease‑and‑desist to stop OIG subpoena forms that included a cover disclaimer instructing banks not to notify their customers. She said the disclaimer conflicted with Georgia banking law and that dozens of subpoenas (she referenced “over 40, maybe 50”) had been issued using the problematic form. The cease‑and‑desist, Perkins said, did not remove the OIG’s power to subpoena but required compliance with state law and notification procedures and preserved the subject’s right to move to quash.

Committee debate focused on board composition, subpoena limits, compelled versus voluntary testimony, and outreach to community nominators. Council member Howard Shook successfully moved an amendment to restore the OIG governing board to seven members and to reinstate nominating roles for the Atlanta Fulton County League of Women Voters and the Atlanta Planning Advisory Authority; that amendment passed 7–0 in committee prior to the final vote on the substitute as amended. Several members said they intend to continue refining language before full council consideration.

Under the charter amendment process described by Amber A. Robinson of the City Department of Law, the paper must receive two adoptions by consecutive full‑council meetings to amend the charter. If moved forward from committee, the full council will receive the substitute for a first adoption; it may then refer the paper for additional committee consideration before final adoption two weeks later. The committee’s action therefore advances the substitute to the next stage but does not by itself enact the charter change.

Other committee business during the meeting included a procedural vacancy/appointments update and routine committee votes. The committee held an ordinance on mayor and council salaries (24‑0‑1684) for one more cycle to allow for required advertising under the City Code. The committee also approved an appointment resolution and internal leadership changes as detailed below.

Votes at a glance

- Charter amendment (item 32501009, substitute as amended): motion to approve substitute as amended carried in committee (5 ayes, 1 nay, 1 abstention); forwarded to full council for first adoption. Motion to restore the governing board to seven members and reinstate nominators from the Atlanta Fulton County League of Women Voters and the Atlanta Planning Advisory Authority passed earlier in committee (7 ayes, 0 nays).

- Resolution 125 R‑3089 (appointment of Christopher Brown to the Atlanta Citizens Review Board): approved (vote announced as 7–0, 0 nays).

- Committee vice chair election (Liliana Bakhtiari): approved (7 ayes, 0 nays).

- Committee agenda and full council agenda: adopted (votes announced as 7–0 for each).

What’s next

Because this is a charter amendment, the full City Council must consider the substitute for first adoption. If the full council advances it, the paper could return to committee and then require a second full‑council adoption before it becomes part of the charter. Committee members said they expect additional edits and outreach before final action. The committee also held the mayor/council salary ordinance for one more cycle to satisfy advertising and notice requirements.