Summary of Advisory Opinion 13;

Request of DeKalb County Chief Executive Officer W. Burrell Ellis, Jr.

May 12, 2010

Facts

Burrell Ellis is the Chief Executive Officer of DeKalb County.  Neville Anderson, Sr., is a certified public accountant, and a member of the Board of Transparency and Accountability (BTA), appointed by Chief Executive Officer Ellis. A contract was proposed between DeKalb County and Mr. Anderson’s firm, Neville Anderson, Sr., CPA, after his appointment to the BTA. Under the proposed contract, the firm is to provide auditing services to DeKalb for pass through grants so as to comply with the requirements of the Georgia Department of Audits and Accounts.

Issue

Chief Executive Officer Ellis requests an Advisory Opinion as to whether there is a possible conflict of interest concerning the proposed contract between DeKalb County and Neville Anderson, Sr., CPA.

Conclusion

The Board of Ethics found the execution of the proposed contract between Neville Anderson and DeKalb County is incompatible with official duties and responsibilities to the governing authority, and would constitute and ethical violation.

Discussion

• 22A(f) of the DeKalb County Code of Ethics prohibits DeKalb County from entering into any contract involving services or property with a member of the governing authority.