HomeMy WebLinkAboutAgenda - 04-13-2010 - 4 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 13, 2010
Action Agenda
Item No.
SUBJECT: Amendment to Session Law 1987-450 Concerning Disclosures of Property and a
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Business Interests of County Commissioners
DEPARTMENT: county Attorney PUBLIC HEARING: (YIN) No
ATTACHMENTS): INFORMATION CONTACT:
Draft Bill
John Roberts, 245--2318
PURPOSE: To provide the Board of county Commissioners with options from which to choose
a Code of Ethics to guide the commissioners in the performance of their duties.
BACKGROUND: In 1987 at the Orange County Board of commissioners' request, legislation
was introduced in the North Carolina General Assembly requiring Orange County
Commissioners to disclose property and business interests that could be related to items that
come before the Board of county Commissioners for decisions. The legislation was introduced
by Representative Joe Hackney and became law. The intent of the legislation was to prevent
impropriety by Commissioners and to encourage openness in Orange county Government.
The language is in need of modification; however, none of the recommended modifications will
have any negative impact on the original intent or purpose of the Act.
FINANCIAL IMPACT: None
RECOMMENDATION(S): The Manager recommends the Board review and discuss the draft
bill and consider requesting that the Orange County legislative delegation introduce the draft bill
for amendment in the 2010 Short Session.
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2010
SESSION LAW 2010-
HOUSE/SENATE BILL
AN ACT TO AMEND TITLE VII OF SESSION LAW 1987-460 REGARDING THE
DISCLOSURE OBLIGATIONS OF THE COMMISSIONERS OF THE ORANGE COUNTY
BOARD of COMMISSIONERS.
The General Assembly of North Carolina enacts:
TITLE VII. ORANGE COUNTY DISCLOSURE.0
Section 19. Reads as rewritten: "
Every member of the Board of Count Commioners dfrange Count shall disclose an
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legal, equitable, beneficial or contractual interest he/s `his/her spouse may have in any real
property situated in orange County. The.:.real property vvhth.must be disclosed includes all real
property which any Board member or his/her spouse holds tit , individually or jointly, any real
property held in trust as well as any pecuniary:interest he/she rnThaye in any business, firm, or
corporation of whatever nature, which holds. title to or.has any-19 Wnership interest in any real
property within Orange Q n Such disclosure.:shaft contain the general location of the real
but need not in. �'
property, �� de t mallu e.
Section 20n "'
Reads as re
Every member of the' r � �--�----�- unt
� --- X_Commssivners of orange County shall disclose any
legal, a uitableerYecat or c = ractuarest:::he/she or his u
g Q ..... s o use may have in or with any
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business, firm or co po—rat nn ofF hatever ria re which is Join business rp g with Orange County
pursuant' `contracts which`have beearded by orange County.
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Section 21. Reads:as rewritten::: 2
Every me b.6r of the Board of County Commissioners of Orange County shall disclose any
legal,equitable,beneficial or contractual interest he/she or his/herspouse may have in any business,
firm, or corporation, of. hatever nature, which is attempting to secure the award of a bid from
Orange County or the approval of any Board or Agency of Orange County.
Section 22.
The disclosures required in Sections 19, 20 and 21 shall be in writing and filed with the
Clerk of Superior Court of orange County and with the Clerk to the Board of Commissioners of
Orange County.
Section 23.
The written disclosures required in Sections 19, 20 and 21 shall be made within the
following time periods which are applicable:
3
1} The later of 30 days after the effective date of this title or 30 days after the Board
member has assumed office;
(2) The earlier of 30 days after the acquisition of any legal, equitable, beneficial or
contractual interest in the property or business, firm, or corporation required to be
disclosed in Sections 19, 20 and 21 or prior to the award by Orange County of a
contract with or a permit or other approval to a business, firm, or corporation
required to be disclosed in Sections 20 and 21.
Section 24. Reads as rewritten:
Subject to the limitations contained in this section,every Board member who has an interest
required to be disclosed by this title shall disqualify himself/herses_hall re quest to be excused
from voting on any matter involving any such interest which_;_ctmes for official action before the
Board of County Commissioners of Orange County. Th ''f o ff,:--
wing interests do not require
disqualification:
(1) Interest in real ro ert which must be_dis
P P Y used in Seet-fin 19 provided the issue
before the Board of Commissioners.is one of policy that"iects the real property
disclosed no differently than all other'.property similarly situate >?:;
2) An interest in a business, firm, or corporation which is negligibTror the point of
view of the operation of the business,firm,or corporation.
Section 25. Reads as rewritten:
Any member who willfully violet` rt: provision-- _ es..r: !., p of this title shall be guilty of a
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misdemeanor and may be fined not more an:arc"R`;:
. efi-6 thousand dollars:.($1,000) or imprisoned not
more than one year, or bot and shall forfeiti hislhe =1` d or appointed office, and such office -- Deleted:. An member who is
' ``` #" convicted of a willful second vio]ation of
shall be considered vacant;as of the date of the i "ud melt
g e `conviction.
any provision of this act
Section 25.
This Title shall a o-ni t Oran Count
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