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HomeMy WebLinkAboutDeferred - Policy - Attorney - Senior Orange County Staff Ethics Policy 12-06-2010-4g~~:a''" ~ ~7 d /O y~ 2 -C~iLL Oran a Coun Ethics and Conduct for Senior Staff Policy g tY Article 1. General Provisions. Section 1. Title. This policy shall be known as the "Orange County Ethics and Conduct for Senior Staff Policy". Section 2. Purpose. It is the policy of Orange County to carry out its mission in accordance with the strictest ethical guidelines and to ensure that its Senior Staff conduct themselves in a manner that fosters public confidence in the integrity of Orange County, its processes and its accomplishments. In accordance with this objective, Orange County Senior Staff must conduct themselves, at all times, in a manner that avoids favoritism, bias, and the appearance of impropriety. Section 3. Definitions. The following definitions apply in this Policy: 1) Business- Any for-profit or not for profit company, however organized or any organization. 2) Business with which associated- A business in which the Senior Staff Member or any family member does any of the following: (a.) Is an employee; or (b.)Holds a position as director, officer, partner, proprietor, member or senior level management of a company or business of any type or kind, irrespective of the amount of compensation received or the amount of the interest owned; or (c.) Owns a legal, equitable, or beneficial interest of ten percent (10%) or more of the company or business; and (d.) Said company or business is currently soliciting or has within the past twelve (12) months solicited the award of a bid or any required approval from Orange County. 3) Compensation- Money, items of value or economic benefit conferred on or received by a person in return for services rendered or to be rendered by that person. 4) Confidential Information- Information defined as confidential by the law 5) Economic interest- Matters involving a business with which associated or anon-profit corporation or organization with which associated. 6) Family member- The spouse or domestic partner of the Senior Staff Member. 7) Gift- Any item of monetary value given or received without valuable consideration by or from a lobbyist, lobbyist principal, or a person or business doing or seeking to do business with Orange County. The following shall not be considered. gifts under this Policy: (a.) Anything for which fair market value, or face value if shown, is paid by the Senior Staff Member; or (b.)Anything having a negligible, transitory or insignificant value. 8) Honorarium- Payment for services for which fees are not legally or traditionally required. 9) Senior Staff (Member)- (a.)Employees of Orange County holding the position of County Manager, County Clerk, County Attorney, Assistant County Manager, Department Director, any senior supervisor who serves as Department Director in the Department Director's absence or anyone holding a position which reports directly to the County Manager. (b.) Senior Staff does not include the Orange County Sheriff or Orange County Register of Deeds. , Article 2. General Standards of Ethical Conduct Section 1. Solicitation. A general summary of the restraints upon the conduct of all Senior Staff includes, but is not limited to, those listed below. No Senior Staff Member shall: 1) Solicit anything of value from anyone doing business with Orange County. 2) Solicit or accept employment from anyone doing business with Orange County, unless the Senior Staff completely withdraws from Orange County activity regarding the parry offering employment, and Orange County approves the withdrawal in writing. 3) Use his or .her public position to obtain benefits for the Senior Staff Member, a family member, or anyone with whom the official or employee has a business or employment relationship; Section 2. Other Compensation. A Senior Staff Member shall not solicit or receive personal financial gain or compensation, other than that received by the Senior Staff Member from Orange County, or with the approval of the County, for acting in the Senior Staff Member's official capacity, or for advice or assistance given in the course of carrying out the Senior Staff Member's duties. Section 3.Official Action. No Senior Staff Member authorized to perform an official action requiring the exercise of discretion shall knowingly: 1) Participate in an official action by Orange County if the Senior Staff Member, a family member, or a business with which the Senior Staff Member is associated, has an economic interest in, or a reasonably foreseeable benefit from, the matter under consideration. 2) Authorize, recommend, or in any other way use his or her position to secure approval of an Orange County contract (including employment or personal services) in which the Senior Staff Member has a business or employment relationship or interest. 3) Senior-Staff Members shall annually disclose businesses with which they are associated. Section 4. Gifts and Honoraria. 1) A Senior Staff Member of Orange County shall not knowingly, directly or indirectly ask, accept, demand, exact, solicit, seek, assign, receive, or agree to receive any gift or honorarium for the Senior Staff Member, or for another person, in return for being influenced in the discharge of the Senior Staff Member's official responsibilities, other than that which is received by the Senior Staff Member's official capacity. 2) A Senior Staff Member may not solicit for a charitable. purpose any gift from any subordinate County employee. This section shall not apply to generic written solicitations to 4 all Members of a class of subordinates. Nothing in this subsection shall prohibit a Senior Staff Member from serving as the honorary head of a charitable solicitation for a nonprofit business entity qualifying under 26 U.S.C. § 501 (c) (3). 3) It is acknowledged that departments occasionally solicit for charitable purposes with County Manager approval. Such occasions shall not fall within the purview of this policy when the County Manager has authorized, in writing, such activity. Section 5. Disclosure of confidential information. Senior Staff Members shall not use or disclose confidential information protected by law, unless appropriately authorized. Section 6. Use of information for private gain. A Senior Staff Member shall not knowingly use their public position or title in an official action or legislative action that will result in financial benefit, direct or indirect, to the Senior Staff Member, a family member, or business with which the Senior Staff Member is associated. Section 7. Ethics Education. 1) All Senior Staff Members shall receive a minimum of one clock hour of ethics education every two calendaz yeazs with the first applicable calendaz year 2011. New Senior Staff Members who are hired before June 30th of any given year must complete one clock hour of ethics training prior to the end date of the first calendar year of their employment and at least every two calendaz yeazs thereafter according to this Section. Those employed July 1St or after of any given calendar yeaz must begin receiving ethics training the first full calendar year of employment and at least every calendar two years thereafter according to this Section. 2) Senior Staff Members shall check the appropriate box on the Disclosure form indicating completion of the required ethics education, attach a description of the course taken, and file same with Clerk to the Board of County Commissioners. 3) This training may be received by the Senior Staff Member through live instruction, video, webcast, or any other form of media so long as the training is approved by an appropriate entity such as the UNC School of Government or a professional organization by or of which the Senior Staff Member is licensed, certified or a member. The training may also be received from the Orange County Human Resources Department. Article 3. Violation Consequences Section 1. Violation Consequences. Willful failure by a Senior Staff Member serving as an Orange County employee to comply with this Policy is a violation of a written work order, thereby permitting, to the extent permitted by North Carolina law, disciplinary action as allowed by North Carolina law and the Orange County Personnel Ordinance including, but not limited to, termination from employment. 5 Article 4. Miscellaneous Section 1. Severability. If any Section or provision of this Policy is declared unlawful or invalid by the courts, that declaration does not affect the validity of this policy as a whole or any part other than the part so declared unlawful or invalid. Section 2. Verification and Disclosure. Annually; on or prior to the 31St day of December, Senior Staff Members shall file with the Clerk to the Board of County Commissioners the Orange County Senior Staff Disclosure Statement. The Clerk to the Board shall maintain these disclosure forms and shall notify the County Manager if Senior Staff other than the County Manager, Clerk to the Board and County Attorney fail to file a disclosure form. The Clerk to the Board shall notify the Board of County Commissioners if the County Manager or County Attorney fail to file a disclosure form. The County Attorney shall notify the Board of County Commissioners if the Clerk to the Board fails to file a disclosure form. Section 3. Effective date. This Policy becomes effective January 1, 2011.