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HomeMy WebLinkAboutAgenda - 01-20-2000 - 9i ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 18, 1999 Action Agenda Item No. 9-1 SUBJECT: Procedures for Boards and Commissions -Ethics Guidelines DEPARTMENT: County Commissioners PUBLIC HEARING: (Y/N) No X ATTACHMENT(S): INFORMATION CONTACT: Yes -Resolution as amended and Beverly A. Blythe, ext 2130 approved Ethics Guidelines as used by Chapel Hill TELEPHONE NUMBERS: Ethics Guidelines for Orange County Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE:. To present for Board discussion a copy of the Ethics Guidelines for Town Advisory Boards and Commissions as used by the Town of Chapel Hill. BACKGROUND: On November 22, 1999 the County Commissioners amended and approved the resolution which outlines the process for appointments to the County's various boards and commissions. The Board discussed adding some information on ethics and requested that staff obtain a copy of the ethics guidelines used by the Town of Chapel Hill. This was faxed to the County Commissioners on November 23 for their review. The Board asked that the resolution not be implemented until they discuss adding to this resolution some information on ethics. On December 7, the Board of County Commissioners approved the implementation of the procedures for Boards and Commissions, but for lack of time did not discuss adding the ethics guidelines to the resolution or the application. FINANCIAL IMPACT: NONE RECOMMENDATON(S): Direct the Clerk to add a third page to the "Volunteer Application" entitled "Ethics Guidelines for County Advisory Boards and Commissions" effective February 1, 2000 and to add an item 12 to the "Resolution Orange County Appointment and Orientation Process for Boards and Commissions" as follows: • The members of County advisory boards and commissions shall agree to follow the ethics guidelines adopted by the Board of Commissioners. 2 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 le 19 20 21 22 23 24 25 26 27 2a 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 EFFECTIVE APRIL 6, 1982 AMENDED MARCH 15,1884 AMENDED AUGUST $, 1984 AMENDED: NOVEMBER 3,1999 AMENDED: NOVEMBER 22, 1998 RESOLUTION ORANGE COUNTY APPOINTMENT AND ORIENTATION PROCESS FOR BOARDS AND COMMISSIONS WHEREAS, it is the statutory duty of the Orange County Board of Commissioners, as the governing body of Orange County, to appoint persons to various boards and commissions to assist in the operation of county government; and WHEREAS, the Board of Commissioners wants to appoint qualified, knowledgeable, and dependable people to serve on these boards and commissions and therefore solicits the interest and input of the citizens of Orange County in making said appointments; and WHEREAS, the Board of Commissioners is of the opinion that written policies and procedures will increase public awareness of the various appointments that are to be made from time to time. WHEREAS, the Board of Commissioners desires to increase the public's interest in the solicitation of information and recommendations that will assist the Board in the appointment of qualified, knowledgeable, and dependable citizens to serve on the various boards and commissions; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the policies and procedures governing appointments to the various boards and commissions as follows: 1. Any citizen of Orange County is eligible to serve on the appointed boards or commissions of the County where such appointment is not prohibited by State statute. All appointments will be made according to the applicable statute, ordinance, resolution or policy that created the board or commission. Discretion will be used when considering County employees for membership on any of the boards or commissions. 2. The County Commissioners may recruit through public advertising, membership committees of boards and commissions, talent bank, Volunteer Orange, Internet, speaker's bureau and County information line. While the Board of Commissioners may request and/or receive recommendations from county boards and commissions or other sources, the Board of Commissioners will make the final decision based on all factors related to the representative needs of the specific boards. C:\windowe\temp\ASSOLUT3.DOC 3 2 3. Appointments for joint planning area and extraterritorial residents as members 3 and alternate members to city boards shall be done in accordance with the General Statues 4 (G.S. 160A-362) and. ~ Chapter 234 of the 1987 session laws. G.S. 160A-360.1 which require a s city to give representation to the residents of its extraterritorial zoning jurisdiction on its 6 Planning Board and the Board of Adjustment. When a vacancy exists, the municipality will be ~ requested to provide to the Board of County Commissioners a resolution with a e recommendation for that vacancy. The Board of County Commissioners may solicit other 9 applications for said vacancy if they so desire. If the Board of County Commissioners does to not make the appointment within 90 days after receiving a recommendation from the City 11 Council requesting such action, the City Council may appoint outside members in accordance 12 with G.S. 160A-362. 13 14 4. Appointments will be made at a regular meeting of the Board of Commissioners. is The regular expiration of terms for positions on boards and commissions will be March, 16 June, September and December. When the appointments are presented to the County 17 Commissioners for their consideration, a list of all those who have applied and are eligible for is appointment will be included in the agenda. If someone is recommended for appointment, the 19 abstract will indicate that a recommendation has been received, giving the source. The 20 recommendation will be kept on file in the Clerk's office. The attendance records, including 21 late arrivals, for all members seeking reappointment will be included with the 22 recommendation. 23 24 5. No citizen of Orange County shall serve in more than two appointed positions of 2 s Orange County Government unless exempted by the nature of the position he or she may hold 26 in governmental service. This policy shall not apply to individuals who serve on boards or 27 commissions because of their official position. It also does not apply to volunteers serving 2e because of a requirement that a particular type of professional individual be represented if 29 recruitment efforts have failed to locate other qualified persons. This policy shall not apply to 3o citizen service on one short-tens task force (making a total of three appointments) if the 31 duration of service is less than one year. A "Task Force" is defined as a group with a specific 32 charge and a short duration for its work. This policy shall not apply to any Orange County 33 Commissioner who serves on any board as an appointee or a liaison to a board because 34 he/she is a County Commissioner. 35 36 6. For boards/commissions which are not state mandated, the Board's policy is to 37 limit the length of service to two-three year teens (or any combination of full teens totaling six 3e years) on the various boards and commissions. This time period does not include state 39 mandated training programs or partial terms. If the unexpired term is rester than two vears it 4 o may be considered a full term. This will allow for more individuals to serve and for diversity 41 of opinions. It will also provide for conformity in the length and number of terms for those 42 boards and commissions that are not state mandated with set terms. The. Board will limit the 43 length of service according to this policy for boards and commissions that are State C:\winda+a\temp\R6SOLUT3. DOC ~ 4 i mandated, to the extent permitted under state law. This policy may be waived if the Board of a Commissioners determines that the removal of an individual made ineligible by this policy 3 would be detrimental to the functioning of that board or commission. s 7. If an appointee, in any calendar year, has absences which constitute more than 6 25 percent of the regularly scheduled Board meetings or three consecutive meetings. ~ whichever comes first. which he or she is required to attend, he or she is obligated to resign. a The Board of Commissioners may consider extenuating circumstances. If the individual 9 refuses to resign, he or she may be dismissed by action of the Board of County io Commissioners subject to state or local law. A leave of absence may be granted for ii extraordinary circumstances, such as illness or personal circumstances. This request must 12 be made to the Board of County Commissioners. A calendar year is to be defined as a 12- 13 month period beginning on the date of appointment. 14 The Clerk to the Board shall request all. new appointees to certify that they understand the i5 attendance policy. i6 8. The rate of pay, if any, to members for serving on boards and commissions shall i~ be established by the Board of Commissioners in accordance with the General Statutes. is Records for pay purposes shall be submitted by the appropriate department to the finance 19 Officer for monthly disbursement. ao al 9. Attendance at a Volunteer Orientation Program will be required of all new 22 appointees to the boards and commissions . This does not include those boards and 23 commissions, task forces or committees of short duration although if space permits, they will 24 be invited. The purpose of this training is to supplement rather than replace any specific Zs training needed for a person to serve on a particular board or commission. The following a6 boards or commissions shall receives ecific trainin in their area of resaonsibility: 27 Za Orange Coun Planning Board 29 Orange Coun Board of Adjustment 3 o Board of Health 31 Board of Social Services 32 Human Relations Commission 3 3 Board of E ~ R 34 Other Boards, as the Board of Commissions shall determine 35 36 10. Individuals who go off of a board or commission will receive a commemorative gift of 37 appreciation along with a letter from the Board of Commissioners thanking them for their 3a service. A person must serve at least one year to be recognized in this way. Each board and 39 commission is encouraged to recognize its members, as it deems appropriate. 40 41 11. The Board of Commissioners reserves the right, at any time and for any reason, 42 to remove any member of any board or commission when a motion for removal receives the 43 vote of a majority of the entire membership of the Board of Commissioners. C: \windown\temp\RESOLUT3. DOC 1 2 THIS POLICY shall become effective April 6, 1992, and may be amended from time to time. Al! s appointments to boards and commissions by the Board of Commissioners shall follow the 4 provisions of this policy. C:\windowe\temp\0.fiSOIAlT3.000 TOWN OF CHAPEL HILL Fax 919-967-8406 Nov 23 1999 1129 P. 02 6 ETNiCS GUIDELINES FOR TOWN A,Dv(SORY BOARDS AND COMMISSIOrS (Please check if you agrcc.) Yes, if appointed, I pledge to comply with the following ethics guidelines for advisory boards and commissions as adopted by the Chapel Hill Town Council. (Other Council committees and OWASA are excluded.) Members of advisory boards and commissions shall not discuss, advocate, or vote on any matter in which they have a conflict of interest or an interest which reasonably might appear to be in conflict with the concept of fairness in dealing with public business. A conflict of interest or a potential conflict occurs if a member has a separate, private, or monetary interest, either direct or indirect, in any issue or transaction under consideration. Any member who violates this provision may be subject to removal from the board or commission. !f the advisory board or commission member believes he/she has a conflict of interest then that merrtber should ask the advisory board or commission to be rccused from voting. The advisory board or commission should then vote on the question on whether or not to excuse the member making the request. In cases where the individual member or the advisory board or commission establishes a conflict of interest, then the advisory board or commission mtmbtt shall remove themselves from the voting area. Any advisory board or commission nicmbcr may seek the counsel of the Town Attorney on questions regarding the interpretation of these ethics guidelines or other conflict of interest maters. The iwerpretation may include a recommendation on whether or not the advisory board or commission member should excuse himsetfyherself from voting. The advisory board or conmtission member may request the Town Attorney respond in writing. Please provide a brief statement outlining why you wish to scree on the Advisory Boards, Coaunissions, or CommitteGS you have indicated. Applicant's Signattlr~e Required Date Please rettlm form to: Town Clerk's Office, 306 N. Columbia Street, Chapel Hill, NC 27516 ~ or FAX 9I9-967-84Q6 ~ 7 ETHICS GUIDELINES FOR COUNTY ADVISORY BOARDS AND COMMISSIONS l agree by my signature below that, if appointed, I pledge to comply with the following ethics guidelines for advisory boards and commissions as adopted by the Orange County Board of Commissioners. • Members of advisory boards and commissions shall not discuss, advocate, or vote on any matter in which they have a conflict of interest or an interest which reasonably might appear to be in conflict with the concept of fairness in dealing with public business. A conflict of interest or a potential conflict occurs if a member has a separate, private, or monetary interest, either direct or indirect, in any issue or transaction under consideration. Any member who violates this provision may be subject to removal from the board or commission. • If the advisory board or commission member believes he/she has a conflict of interest then that member should ask the advisory board or commission to be excused from voting. The advisory board or commission should vote on the question on whether or not to excuse the member making the request. In cases where the individual member or the advisory board or commission establishes a conflict of interest, then .the advisory board or commission member shall remove themselves from the voting area. • Any advisory board or commission member may seek the counsel of the County Attorney on questions regarding the interpretation of these ethics guidelines or other conflict of interest matters. The interpretation may include a recommendation on whether or not the advioory board or commission member shall excuse himself/herself from voting. The advisory board or commission member may request that the County Attorney respond in writing. Applicant's Signature Date