Elmo Richardson
page link
is an elected official representing Bibb County Commission Post
#3.
Mr Richardson votes on Road Projects in Bibb County for which he has Financial Interests as a
professional engineer and as Vice President of Stantec.
| Professional Engineering - PE_Law in
Georgia - Ethics, Conflicts of Interest |
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Engineering firms must be licensed as well as
individuals. In order to be licensed, a firm must employ a registered
engineer who holds what is called the firm's prerequisite
license. The firm's license is called a dependent license
because it depends upon the principal's prerequisite licenses for its
existence.
Stantec's dependent license number is
PEF000683. There are eight prerequisite licenses listed for Stantec.
Elmo's PE005690 is one of them.
Elmo also has a land surveyor's license
LS001499. It is a prerequisite license for Stantec's land surveying
business license: LSF00336. There is only one other registered land
surveyor listed at Stantec.
Elmo has his own
engineering firm (Elmo A. Richardson, Jr., P.E., LLC) which is licensed
as firm PEF005014, and which has only one prerequisite license:
PE005690.
Elmo
has a formal link to the Stantec business in the state of Georgia and
he is an employee.
The Rules:
180-6-.05 Conflict of Interest. Amended.
(6) The engineer or land surveyor in public
service as a member, advisor, or employee of
a governmental body or department shall not
participate in considerations or actions with
respect to matters involving him/her or
his/her organization's private or public
engineering or land surveying practices.
(7) The engineer or land surveyor shall not
solicit or accept an engineering or land
surveying contract from a governmental body
on which a principal or officer of his/her
organization serves as a member.
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File:
05ConflictsOfInterest.pdf
Date: 8 May 2007, 21:51
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| 180-6-.05
Conflict
of Interest. Amended. (1) The engineer or land surveyor shall avoid conflicts of interest. The engineer or land surveyor shall conscientiously avoid conflict of interest with his/her employer or client, but, when unavoidable, the engineer or land surveyor shall forthwith disclose the circumstances to his employer or client. (2) The engineer or land surveyor shall avoid all known conflicts of interest with his/her employer or client and shall promptly inform his/her employer of any business association, interests, or circumstances which could influence his/her judgment or the quality of his/her services. (3) The engineer or land surveyor shall not accept compensation, financial or otherwise, from more than one party for services on the same project or for services pertaining to the same project unless the circumstances are fully disclosed to and agreed to by all interested parties. (4) The engineer or land surveyor shall not solicit or accept financial or other valuable considerations, directly or indirectly, from material or equipment suppliers, or their representatives, for specifying their products. (5) The engineer or land surveyor shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties in connection with work for which he/she is responsible. (6) The engineer or land surveyor in public service as a member, advisor, or employee of a governmental body or department shall not participate in considerations or actions with respect to matters involving him/her or his/her organization's private or public engineering or land surveying practices. (7) The engineer or land surveyor shall not solicit or accept an engineering or land surveying contract from a governmental body on which a principal or officer of his/her organization serves as a member. Authority Ga. Code 84-21; O.C.G.A. Sec. 43-15. History. Original Rule entitled "Conflict of Interest" was filed and effective as Emergency Rule on July 31, 1975, to remain in effect for a period of 120 days or until a permanent Rule covering the same subject matter has been adopted superseding this Emergency Rule. Amended: Permanent Rule adopted. Filed November 4, 1975; effective November 24, 1975. Amended: F. Aug. 9, 1990; eff. Aug. 29, 1990. |
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| State Ethics Commission |
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Re the State Ethics Commission:
The address is
State Ethics Commission
205 Jesse Hill Jr. Drive, SE
Suite 478 - East Tower
Atlanta, GA 30334
Relevant sections of the Ethics in Government Act follow.
21-5-7. Initiation of complaints.
The commission shall not initiate any investigation or
inquiry into any
matter under its jurisdiction based upon the complaint of
any person
unless that person shall produce the same in writing and
verify the same
under oath to the best information, knowledge, and belief of
such
person, the falsification of which shall be punishable as
false swearing
under Code Section 16-10-71. The person against whom any
complaint is
made shall be furnished by hand delivery or statutory
overnight delivery
or mailed by certified mail, return receipt requested, a
copy of the
complaint by the commission within two business days of the
commission's
receipt of such complaint and prior to any other public
dissemination of
such complaint. Nothing in this Code section, however, shall
be
construed to limit or encumber the right of the commission
to initiate
on probable cause an investigation on its own cognizance as
it deems
necessary to fulfill its obligations under this chapter.
21-5-7.1. (Effective January 9, 2006) Technical defects in
filings;
determination; notice to the subject of the complaint and
opportunity to
correct the defect; administrative fee; dismissal of
complaints where
best efforts have been made to complete a filing.
The commission shall adopt rules which shall provide that:
(1) Upon the commission's receipt of a complaint, a determination shall be made as to whether the complaint relates to a technical
defect in a
filing. For this purpose, a technical defect shall include,
but not be
limited to, a defect such as a failure to include a date or
an incorrect
date, a failure to include a contributor's occupation or an
incorrect
occupation, a failure to include an address or an incorrect
address, a
failure to include an employer or an incorrect employer,
accounting
errors, or any other similar defects;
(2) When the commission determines that a complaint relates to a technical defect in a filing, the subject of the complaint
shall be
issued a notice of the technical defect by certified mail,
return
receipt requested, or statutory overnight delivery and shall
be given a
period of 30 calendar days from the receipt of the notice to
correct the
technical defect. During the 30 day period the complaint
shall be
considered as received by the commission but not yet filed
with the
commission and shall not be considered a violation of this
chapter. If
during the 30 day period the technical defect is cured by an
amended
filing or otherwise, or if during the 30 day period the
subject of the
complaint demonstrates that there is no technical defect as
alleged, the
complaint shall be disposed of without filing or further
proceedings and
no penalty shall be imposed. If the subject of the complaint
fails to
respond to the notice of a technical defect, make an amended
filing, or
demonstrate that there is no technical defect as alleged by
the
thirty-first day, the commission shall impose and collect an
administrative fee not to exceed $50.00 per technical
defect. For the
purposes of the penalties imposed by this paragraph, the
same error or
inaccurate entry shall be considered a single technical
violation if the
error or inaccurate entry appears multiple times on a single
report or
causes further errors or inaccurate entries in that report
or in any
future reports;
(3) If the subject of the complaint does not pay the administrative fee required by paragraph (2) of this Code section, if any, and
does not
otherwise also comply with paragraph (2) of this Code
section by the
sixtieth day from the receipt of the notice of a technical
defect, the
commission shall conduct further investigation and the
complaint may
proceed further in accordance with the provisions of this
chapter; and
(4) When the commission determines in its discretion that best efforts have been made to complete a required filing, said filing
shall be
considered in compliance with this Code section and any
complaint
relative to said filing shall be dismissed.
21-5-8. Venue. Venue for prosecution of civil violations of this chapter or
for any
other action by or on behalf of the commission shall be in
the county of
the residence of the candidate or public officer at the time
of the
alleged violation or action.
21-5-13. (Effective January 9, 2006) Limitation of actions.
Any action alleging a violation of this chapter shall be
commenced
within three years after the date of filing of the first
report
containing the alleged violation involving any person
elected to serve
for a term of two years, and any action alleging a violation
of this
chapter shall be commenced within five years after the date
of filing of
the first report containing the alleged violation involving
any person
elected to serve for a term of four years. For purposes of
this Code
section, an action shall be deemed to have commenced against
a person
only when either:
(1) A complaint has been accepted by the commission in compliance with Code Section 21-5-7; or
(2) The commission or Attorney General serves on such person a notice of summons or hearing, in accordance with Chapter 13 of Title
50, the
"Georgia Administrative Procedure Act," that alleges that
such person
has violated this chapter.
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