HomeMy WebLinkAboutOrange County Ethics and Conduct for Senior StaffPOLICY FOR INSERTION INTO THE POLICY MANUAL
MEETING DATE: March 3, 2011 NUMBER: P:092
EFFECTIVE DATE: March 3, 2011 REVISIONS:
POLICY: Orange County Ethics and Conduct for Senior Staff
Policy
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 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 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 often 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, domestic partner, or children of a 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.
(c.) Anything having a retail value under fifty dollars ($50).
8) Honorarium- Payment for services for which fees are not legally or
traditionally required.
9) Senior Staff (Disclosure Statement)- A confidential personnel document to be
filed by Senior Staff members with the Human Resources Department disclosing
specified business interests and property ownership.
10) Senior Staff (Member)-
(a.) Employees of Orange County holding the position of County
Manager, County Clerk, County Attorney, Assistant County Manager,
Department Director, or anyone holding a position which reports directly
to the County Manager.
(b.) Senior Staff does not include the Orange County Sheriff, Orange
County Elections Director, 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 those
listed below. No Senior Staff Member shall:
1) Solicit anything of value from anyone doing business with Orange County for
his or her personal use or benefit.
2) Solicit or accept employment from anyone doing business with Orange County
without first obtaining written approval from the County Manager or Board of
County Commissioners as appropriate.
3) Use his or her public position to obtain direct financial benefits for the Senior
Staff Member or anyone with whom the Senior Staff Member 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 written 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.
This section shall not apply to Senior Staff Members' service on local, regional, or state
governmental or nongovernmental boards. However, if a governmental or
nongovernmental Board, on which the Senior Staff Member serves, seeks to enter into a
contract or agreement with any Department directed or supervised by the Senior Staff
Member, the Senior Staff Member must immediately disclose the relationship and the
contract or agreement sought, to the County Manager and must remove himself or
herself from any involvement with the contract or agreement. If the Senior Staff Member
in this situation is the County Manager he or she must make said disclosure to the Board
of County Commissioners.
Section 3.Official Action.
No Senior Staff Member authorized to perform an official action requiring the exercise of
discretion shall:
1) Participate in an official action by Orange County if the Senior Staff Member
or a business with which the Senior Staff Member is associated, has an economic
interest in, or a direct financial 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) with a business with which the Senior Staff Member is associated.
Senior Staff Members shall annually disclose businesses with which they are
associated.
Section 4. Gifts.
1) A Senior Staff Member of Orange County shall not 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.
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 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.
4) This section shall not apply to reimbursements to the Senior Staff Member for
actual travel expenditures within North Carolina incurred by the Senior Staff
Member for attendance at functions organized by a board on which the Senior
Staff Member sits.
5) This section shall not apply to gifts or awards authorized by Orange County
Policies, Resolutions, or Ordinances.
Section 5. Disclosure of confidential information.
Senior Staff Members shall not use or disclose confidential information protected by law,
unless appropriately authorized in writing.
Section 6. Use of information for private gain.
Senior Staff Members shall not use their public position or title in an official action or
legislative action before the Board of Orange County Commissioners that will result in
financial benefit, direct or indirect, to the Senior Staff Member or business with which
the Senior Staff Member or a Family 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 calendar years with the first applicable calendar 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 calendar years thereafter
according to this Section. Those employed July 1 St or after of any given calendar
year 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
Statement indicating completion of the required ethics education, attach a
description of the course taken, and -file same with the Human Resources
Department.
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 LTNC 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 in conjunction with the Orange County Attorney.
Article 3.
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 up to and including termination from
employment.
Article 4.
Miscellane~ns
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.
1) Annually, on or prior to the 31St day of December, Senior Staff Members shall
file with the Human Resources Department the Orange County Senior Staff
Disclosure Statement. The Senior Staff Member shall disclose a general
description of property owned in Orange County, any businesses with which the
Senior Staff Member or a Family Member is associated, and whether the Senior
Staff Member has completed the required ethics training.
2) The Human Resources Department shall establish a method whereby Senior
Staff Members are timely notified they must submit the Disclosure Statement.
The Human Resources Department shall maintain these Disclosure Statements
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
Statement. The Human Resources Department shall notify the Chair of the Board
of County Commissioners if the County Manager, Clerk to the Board, or County
Attorney fail to file a Disclosure Statement. The Senior Staff Disclosure
Statement is and shall remain a confidential personnel record not subject to public
records requests.
Section 3. Effective date.
This Policy is effective March 3, 2011.
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that this policy is effective upon approval- March 3, 2011.
Upon motion of Commissioner Hemminger ,seconded by Commissioner Yuhasz
the foregoing resolution was adopted this the 3rd day of 2011.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the
proceedings of said Board at a meeting held on March 3, 2011 as relates in any way to
the adoption of the foregoing and that said proceedings are recorded in
Minute Book No. of the minutes of said Board.
WITNESS my hand and the seal of said County, this 7 day of March, 2011.
Donna S. Baker, CMC
Clerk to the Board of Orange County Commissioners