HomeMy WebLinkAboutAgenda - 06-01-2010 - 7bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 1, 2010
Action Agee
Item No. ,
SUBJECT: Adoption of a Code of Ethics for the County Commissioners and Consideration
of Recommending the North Carolina General Assembly Repeal Portions of
Session Law 1987 -460
DEPARTMENT: County Attorney PUBLIC HEARING: (Y /N) No
ATTACHMENT(S): INFORMATION CONTACT:
(1) Recommended Code of Ethics John Roberts, 245 -2318
(2) Session Law 1987 -460
PURPOSE: To provide the Board of County Commissioners with a recommended Code of
Ethics to guide the Commissioners in the performance of their duties and to consider
recommending the General Assembly repeal portions of Session Law 1987 -460.
BACKGROUND: During the 2009 Long Session of the North Carolina General Assembly,
North Carolina General Statute §160A -86 was adopted by both houses of the General
Assembly and signed into law by Governor Beverly Perdue. This statute requires that local
governing boards adopt a code of ethics. Prior to this action by the General Assembly, the
Board of County Commissioners had discussed and attempted to develop its own code of
ethics. Former County Attorney Geof Gledhill spent considerable time drafting a model code,
but ultimately it was not adopted. Subsequent to the passage of General Statute §160A -86, the
School of Government at the University of North Carolina at Chapel Hill began work on a model
code of ethics for the benefit of local governments across the state. The current County
Attorney has made revisions to the School of Government model and presents for adoption a
recommended Code of Ethics. This more comprehensive Code of Ethics can, if the Board so
chooses, replace an outdated and poorly worded disclosure law, Session Law 1987 -460. At the
May 6, 2010 Board meeting, the Code of Ethics was discussed and changes were
recommended. Attachment 1 reflects those changes.
FINANCIAL IMPACT: There is no financial impact associated with consideration of the Code of
Ethics.
RECOMMENDATION(S): The Manager recommends the Board review and adopt the
recommended Code of Ethics and upon adoption of the Code of Ethics discuss whether to
recommend the General Assembly repeal portions of Session Law 1987 -460.
Attachment 1
Code of Ethics for the Board of County Commissioners of
Orange County, North Carolina
WHEREAS, the Constitution of North Carolina, Article I, Section 35, reminds us that a
"frequent recurrence to fundamental principles is absolutely necessary to preserve the
blessings of liberty," and
WHEREAS, a spirit of honesty and forthrightness is reflected in North Carolina's State
Motto, Esse Quam Videri, "To Be Rather than to Se d
WHEREAS, Section 160A -86 of the North arolina General Statutes requires local
governing boards to adopt a code of ethics, a
WHEREAS, as public officials we are charged w ding -the trust of the citizens and
residents of Orange County, and with obeying the law, a J.
WHEREAS, as public officials of Orange County we bell ev :. ur citizens and residents are
entitled to the most open and ethical government possible under xe law.
NOW THEREFORE, i recognition of our blessings and bligations as citizens of the
State of North Caro i. ' a public officials representing the citizens and residents of
Orange County an ling pursaiant to the requirements of Section 160A -86 of the North
Carolina General Statu e, e t r, nge County Board of Commissioners, do hereby adopt
the following General Pn s a X of Ethics to guide the Board of County
Commissioners in its lawful de" tl - making. The Orange County Board of Commissioners
directs all advisory boards and corn .' ees, which currently serve, or which may in the future
be created to serve, the Board of ounty Commissioners, to respect and abide by these
same General Principles and Code of Ethics in the performance of their lawful duties
insomuch as they may be applicable to the performance thereof.
K
3
GENERAL PRINCIPLES UNDERLYING THE CODE OF ETHICS
• The stability and proper operation of democratic representative government depends
upon public confidence in the integrity of the government, and upon responsible
exercise of the trust conferred by the people upon their elected officials.
• Governmental decisions and policy must be made and implemented through proper
channels and processes of the governmental structure.
• Board members must be able to act in a manner that maintains their integrity and
independence, yet is responsive to the interest and needs of those they represent.
• Board members must always remain awr P hat a various times they play different
roles:
• As advocates, who strive to advanceµ" 0Jeg#W4t needs of their citizens and
residents,
X1W'_
• As legislators, who balance the public interes private rights in considering
and enacting ordinances, orders, and resolutions,
Up
-
and
• As fair and impartial decision - makers, whenmaking quasi-judicial and
administrafl d'de, orations.
,r
Board me rrb must kn' how to distinguish among these roles, to determine when
each role is app" �riate, arsd to act accordingly.
• Board members rri a €weir obligation to conform their behavior to
standards of ethical co"."', that warrant the trust of their constituents. Each official
must find within his or hero science the touchstone by which to determine what
conduct is appropriate.
CODE OF ETHICS Deleted:¶
Purpose.
The purpose of this Code of Ethics is to establish guidelines for ethical standards of
conduct for the Board of County Commissioners and to provide guidance in determining what
conduct is appropriate in particular cases. It should not be considered a substitute for the law
or for a board member's best judgment.
A r Deleted: ¶
Section 1. zg��° -
J
(a) Board members should obey all laws that apply to t � ial actions as members of
the board. Board members should be guided by the spir s well .,:the letter of the law in
�v
whatever they do. At the same time, board members should fee to assert policy
positions and opinions without fear of reprisal from fellow board mem r citizens. To
assert that a board member is behaving unethically due to the fact tho a has a
disagreement with that board member based on a question of policy (and n t on the board
member's ethical behavior) is unfair, has . nest, irresponsible, and is itself unethical.
(b) Board members should endeavor = themselves up -to -date, through the board's
� Deleted: and other sources
attorney, of the most pertinent constitutional, s t -and other legal requirements with�.-
which they must be familiar in order to m�',t tfllr legates nsibilities. A list of applicable
laws and regulations accompanies this Code as, Attachmefii "A ".
(c) Board members shall comply with GeIral Statute §160A -87 in receiving two clock
01
hours of ethics education within 12 months of ea', appointment or election to office. Board
membersnay��I ., ally receive two clock hours of ethics education annually, but failure to
Deleted: Section 3(c) applies only to
rec such addition' acs education shall not constitute a violation of this Code of Ethics. �. the Board of County Commissioners
of Orange County.
Se ion 2.
Boa' ers should a = with integrity and with independence from improper influence
as they exerc he fun s% ns of their offices. Characteristics and behaviors that are
consistent with this „ _, dof' are:
• Adhering firmlyA76a code of sound values.
• Behaving consistently and with respect towards everyone with whom they interact.
• Exhibiting trustworthiness.
• Living as if they are on duty as elected officials regardless of where they are or what
they are doing.
• Using their best independent judgment to pursue the common good as they see it,
presenting their opinions to all in a reasonable, forthright, consistent manner.
• Remaining incorruptible, self - governing, and not subject to improper influence, while at
the same time being able to consider the opinions and ideas of others.
• Disclosing contacts and information about issues that they receive outside of public
meetings, and refraining from seeking or receiving information about quasi-judicial
matters outside of the quasi-judicial proceedings themselves.
• Treating other board members and the public with respect, and honoring the opinions
of others even when they disagree.
• Being careful not to reach conclusions on issut
• Showing respect for their office and not behave
• Recognizing that they are part of a larger ul
• Recognizing that individual board members
of the board, but may only do so if the board
board must take official action as a body.
until all sides have been heard.
ays that reflect badly on it.
and acting accordingly.
snot g #d_rally allowed to act on behalf
so authorizes, and that the
5
Section 3. - - - - J -' I "°'.' ti � `IW -- - - - - -- ---------------
(a) Board members should avoid impropriety in the exerciseof their official duties. Their
official actions should b `Kr
reproach. Although opinions may vary about what behavior is
inappropriate, this bard will c Sider impropriety in terms of whether a reasonable person
who is aware of all of ft releva , =facts and circumstances surrounding the board member's
action would conclude thea as_.inaoorooriate.
(b) Board members shall t the firs ular meeting after the annual organizational
meeting of the Board immediate ` er assuming office, and annually thereafter, file with the
Clerk to the Board of County Comm loners a written statement describing any interest he or
she or his or her spouse or domestic partner has in real property situated in whole or in part
in Orange County and the general description or location of that property.
(c) Board members shall, at the first regular meeting after the annual organizational
meeting of the Board immediately after assuming office, and annually thereafter, file with the
Clerk to the Board of County Commissioners a written statement describing any legal,
equitable, beneficial or contractual interest he or she or his or her spouse or domestic partner
has in any business, firm or corporation, which is attempting, or has attempted in the past. Deleted: of whatever nature
calendar year, to secure the award of a bid from Orange County or the approval of any Board
or Agency of Orange County.
(d) If a board member believes that his or her actions, while legal and ethical, may be 6
misunderstood, he or she should seek the advice of the board's attorney and should consider
publicly disclosing the facts of the situation and the steps taken to resolve it, such as
consulting with the attorney.
(e) Sections 3(b) and 3(c) shall specifically apply to the Board of County Commissioners
of Orange County, Board of Adjustment of Orange County, Planning Board of Orange County
and Board of Equalization and Review of Orange County and any other advisory boards or
committees specifically designated by the Board of County Commissioners except that
members of boards other than the Board of County Commissioners shall file the required
disclosure within 30 days of their initial and subsequ0Ajpointments to said boards, °eierea` ¶
- - --
Section 4.
Board members should be faithful in the pe or ance of�he duties of their offices. They
should act as especially responsible citizens whom of =; .,fin trust and respect. They should
set a good example for others in the community, keepin g? rind that trust and respect must
continually be earned.
Board members should faithfully attend and prepare for me i gs. They should carefully
analyze all credible information that is properly submitted to them, mindful of the need not to
engage in commun ,jea io sutside the meeting in quasi - judicial matters. They should
aM
demand full accoifnfa a it from th6se over whom the board has authority.
Je
Board members sho a VW p o bear their fair share of the board's workload. To the
- Deleted: ¶
extent a�p�pr�a Vitae, shoo , =be willing w Y ° he board's interests ahead of their own,
Elected:, ,_ embers of loca overnir bards should conduct the affairs of their boards in an
open andIV, lic manner : _Rey should comply with all applicable laws governing open
meetings and`p,, Jc record 'recognizing that doing so is an important way to be worthy of
the public's trust. `'e ould remember when they meet that they are conducting the
public's business. Th should also remember that the records of their local government
Y.
belong to the public and not to them or their employees. They should make clear that a
climate of openness is to be maintained at all times in their governmental units.
In order to ensure strict compliance with the laws governing openness, governing board
members should strive to be open. They should prohibit unjustified delay in fulfilling public
records requests. They should take deliberate steps to ensure that any closed sessions held
by the board are lawfully conducted, and that such sessions do not stray from the purposes 7
for which they are called. Deleted: ¶
Section 6.
Ifs a majority vote of the board, the board has reasonable cause to believe that one or
more of its members has violated a provision of this Code of Ethics, it may at a regular
investigation into the matter. All information compiled, includ
seasonable cause,- shall -be shared- with -the member whe
pertaining to the case shall be open to public inspection.
Carolina public records statutes. If, upon investigation of a vi
board-has reasonable cal,se to halieva that a vinlatinn of n
open an
g t e grounds for the finding of
r� - Deleted: probable
�Is� received. All in_ formation_,
co y!r<g pursuant to the North
shall refer the matter to the local district attorney. Should the board
a'o,Code of Ethics, the
Deleted: concludes that a violation
gar r' - - - - - occurred It_ of a criminal law
armin_" tit wishes
to proceed further with censure proceedings, it shall, by a majority vote call for a hearing to
be held at a regular meeting or at 9,g ecial meeting convened for that purpose and shall
W
adhere to the procedures set out in Att�MeftEprige "Censure Procedure ". This section shall
apply only to the Board of County Commi gion County.
,This Code of Ethics adopted this the day of 2010 Deleted: A
---------- - - - - -- -
-- Deleted:¶
Valerie Foushee, Chair
Alice M. Gordon
Bernadette Pelissier, Vice Chair
Pam Hemminger
Barry Jacobs
Mike Nelson
Steve Yuhasz
ATTACHMENT "A"
APPLICABLE LAWS AND REGULATIONS
1. Avoid deriving a direct benefit from contracts in which you are involved in making or
administering on behalf of the public agency. (G.S. 14- 234((a)(1); criminal penalty; note
defined terms in the statute: direct benefit, involved in making or administering a contract.)
2. Avoid attempting to influence others who are involved in making or administering a contract on
behalf of the public agency, even if you aren't involved, if you will derive a direct benefit from
the contract. (G.S. 14 -234 (a)(2); criminal penalty; note defined terms in the statute: direct
benefit, involved in making or administering a contract.)
3. Avoid soliciting or receiving any gift or reward i � 4xc age for recommending, influencing, or
attempting to influence the award of a contr by the public agency you serve. (G.S. 14-234
�
(a)(3); criminal penalty.) •.
4. Consider the ethical and practical consequences e ` ing a, direct benefit from a contract
that is authorized under any exception to the statute at# ,weigh these considerations against
the potential advantage to the public agency and to your'� follow reporting requirements to
ensure transparency. (G.S. 14 -234 (b); (d1).)�' ",
5. Avoid participating in deliberations about or voting on a contract in which you have a direct
benefit, when the contract is undertaken as allowed under any exception to the statute. (G.S.
14 -234 (b1); criminal penalty.)
6. Avoid using your knowledge of contemplated action by you or your unit, or information known
to you in our official capacity and not made public, to acquire a financial interest in any
prA a ion, or enterprise, or to gain a financial benefit that may be affected by the
formation or plated action. Avoid intentionally aiding another to do any of these
g s. (G.S. 14 -23 riminal penalty.)
7. Avoi eiving any g' £ =,r favor from a current, past, or potential contractor. (G.S. 133- 32(a);
criminal alty.)
8. Consider tti hicaldnd practical consequences of accepting a gift or favor under any
exception to tatutory prohibition, and follow reporting requirements to ensure
transparency. (G:S. 133- 32(d).)
9. Avoid voting on matters involving your own financial interest or official conduct. (G.S. 160A -75;
153A -44.) Identify and disclose these matters in advance so that your board can determine
whether or not you have a conflict that allows you to be excused by the board from voting.
When in doubt, obtain an opinion from your local attorney about whether you must vote or may
be excused.
E
10. Avoid voting on any zoning map or text amendment where the outcome of the vote is
reasonably likely to have a direct, substantial, and readily identifiable financial impact on you.
(G.S. 153A- 340(g); 160A- 381(d).)
11. Do not participate in or vote on any quasi-judicial matter, including matters that come before
the board when acting in a quasi-judicial capacity under G.S. 153A -345 or 160A -388, if
participation would violate affected persons' constitutional right to an impartial decision - maker.
Impermissible conflicts under this statutory standard include "ha a_ a fixed opinion prior to
" .,
hearing the matter that is not susceptible to change "; "und,� used ex parte communications
[communications between a board member and someo , e ss t�o is involved in the matter
that occur outside the official quasi-judicial proceedin _ a close ._ ilia[, business, or other
associational relationship with an affected person ": or "a financial intere ' the outcome of the
matter." (153A- 345(e1), 160A- 388(el); violation of the constitutional stand'` t by one member
invalidates the entire vote.)
12. Fulfill your statutory obligation to vote on all matters that come before you evertwhen there are
appearances of conflict, and on, efrain from voting when there is a legal basis for or
requirement to be excused from
153A -44; 160A -75.)
10
ATTACHMENT "B"
CENSURE PROCEDURE
Formatted: Font: 10 pt
once of the re wired public hearing stating its time lace and ur ose shall be given once a week for two Formatted: Font: 10 pt
--------- q---- P------- g----------'-p--'---- P-P-------- g----------- - - - - -- ,
successive calendar weeks in a newspaper having general circulation in the jurisdiction. The notice shall be
published the first time not less than 10 days nor more than 25 days before the date fixed for the hearing. In
computing such period, the day of publication is not to be included but the day of the hearing shall be included.
Alternatively, the hearing shall be advertised on the jurisdiction's website for the same period of time, up to and
including the date of the hearing. The notice shall state that a detailed list of the allegations against the member
is available for public inspection and copying in the office of the clerk or secretary to the board.
The hearing shall be convened at the time and place specific The hearing and any deliberations shall be
conducted in open session in accordance with the requireme oftt' North Carolina open meetings statutes.
preponderance of the evidence
The accused board member shall have the right to have spreser�t, to present and cross-examine
expert and other witnesses, and to offer evidence, including evidertCef the bias of any other board member or
.,
the presiding officer and shall have the burden of rovin such bias ;�, re onderance of the evidence. An
audio or video and audio tape of the proceedings shall be prepared. Any g14.btes during the hearing shall
be taken by the ayes and noes and recorded in the board's minutes.
Once the hearing is conclude it shall be closed by a majority vote of the board. The presiding officer shall
next entertain a motion to . A tion censuring the member based on specified violations of the Code of
Ethics. Any motion male ust be ate ` irmative one in favor of adopting a non - binding resolution of censure
and stating that the eviden resent as met the burden of Proo f. If the motion or resolution does not state
particular grounds for censu ` f Ethics or state that the evidence presented has met the
burden of proof, the presiding offi all rule i k er.
If a motion to adopt a resolution .F sure stating particular grounds under the Code of Ethics has been
made and appropriately seconded, the bo 11 debate the motion. The accused member shall be allowed to
participate in the debate, but shall not vote Sri the motion to adopt the resolution of censure.
At the conclusion of the debate, the board shall vote on the resolution. If the motion to adopt the resolution
of censure is approved by a two - thirds vote of those present and voting, a quorum being present, the motion
passes and the non - binding resolution of censure is adopted.
The text of the resolution of censure shall be made a part of the minutes of the board. Any recording of the
board's proceedings shall be approved by the board as a permanent part of the board's minutes. The
proceedings shall then be considered concluded, the board having done all that it legally can with respect to the
matter in question.
11
12
Attachment 2
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 DISCLOSTTRF_
County shall disclose any legal,
may have in any real property in
udes all real property which any
tly, any real property held in trust
firm, or corporation of whatever
Lny, real property within Orange
-'al property, but need not include
Section 19.
Every member of the Board of Commission
equitable, beneficial or contractual interest he /she or
Orange County. The real property which must be
Board member or his/her spouse holds title to, indiv:
as well as any pecuniary interest he /she may have it
nature, which holds title to or has any ownershil
County. Such disclosure shall: contain the general to
its value.
Section 20.
Every member of
equitable, beneficial or c
which have been awarded by Q
Section 21.
Every member of the B
legal, equitable, beneficial or
corporation, of whatever= -natur
County or the approval of any F
Dram
spou
ed in
or joi
isine:
st in
�f the
)mmissioners of Orange County shall disclose any legal,
est he /she may have in or, with any business, firm, or
doing business with Orange County pursuant to contracts
rd of County Commissioners of Orange County shall disclose any
ontractual interest he /she may have in any business, firm, or
which is attempting to secure the award of a bid from Orange
and 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:
(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.
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/herself' from voting on any matter
involving any such interest which comes for official action before the Board of County
Commissioners of Orange County. The following interests do not require disqualification:
(1) Interest in real property which must be disclosed in Section 1 provided the issue
before the Board of Commissioners is one of `policy that affects the real property
disclosed no differently than all other property similarly situated.
(2) An interest in business, firm, or corporation which is negligible from the point of
view of the operation of the business, firm, or corporation.
Section 25.
Any member who violates any pr+
may be fined not more than one thousand
both. Any member who is convicted of a
forfeit his/her elected or appointed office,
of the final judgment of conviction. ,
Section 26.
This Title shall annly onlv to
of this title shall
($1,000) or impri
second violation
;h office shall be
County.
be guilty of a misdemeanor and
>oned not more than one year, or
of any provision of this act shall
considered vacant as of the date
13