HomeMy WebLinkAboutAgenda - 02-07-2012 - 8bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 7, 2012
Action Agenda
Item No. ~ - 6
SUBJECT: Follow up: General Policy for Board of County Commissioners Advisory Boards
DEPARTMENT: County Attorney
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
General Advisory Board Policy (Track
Changes Format)
Resolution of Approval
INFORMATION CONTACT:
John Roberts, 245-2318
PURPOSE: To review the final draft of the Board-approved General Advisory Board Policy.
BACKGROUND: On November 10, 2011 the Board of Commissioners tentatively approved the
General Advisory Board Policy and authorized the County Attorney to make certain revisions
and bring the Policy back for formal approval. The requested revisions have been made and
the final document with the track changes feature engaged showing substantive changes made
is attached. The adoption of the attached resolution will have the effect of repealing other
policies governing individual advisory boards to the extent those policies conflict with the
General Advisory Board Policy. It will not have any impact on statutes or ordinances that have
created and govern advisory boards.
FINANCIAL IMPACT: There is no financial impact associated with review and formal approval
of the General Advisory Board Policy.
RECOMMENDATION(S): The Manager recommends the Board consider and approve the
final General Advisory Board Policy document by adopting and authorizing the Chair to sign the
attached resolution.
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ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
ADVISORY BOARD POLICY
SECTION I: SCOPE
A. Purpose
1. To establish a policy and procedures whereby the Orange County Board of
Commissioners will make appointments to public advisory boards, committees,
commissions, and councils (hereinafter "advisory boards").
B. Authority
1. North Carolina General Statute 153A-76 grants boards of county commissioners the
authority to establish advisory boards.
2. The Orange County Board of Commissioners may establish rules and regulations in
reference to managing the interest and business of the County.
3. The Orange County Board ,of Commissioners has the responsibility to appoint
residents to serve as members of advisory boards established by the
Commissioners.
4. Orange County department directors and staff are responsible for providing support
to the advisory boards.
C. Policy and Periodic Review
1. This Advisory Board Policy establishes some parameters for:
a.,_„Appointments to state-mandated, regional, and/or county-developed
advisory. boards.
b. Removals from such advisory boards.
c. Ctuorum and voting standards.
d. A code of general conduct for advisory board members.
e. Other .aspects 'of advisory board service the Orange County Board of
Commissioners wishes to address.
2. Periodic Review
a. Periodic review of this Advisory Board Policy will be conducted every five (5)
years by the Orange County Board of Commissioners.
b. This Advisory Board Policy may be changed or adjusted as deemed
necessary by the Orange County Board of Commissioners regardless of
whether it is scheduled for a review.
D. Applicability
1. To the extent it does riot conflict with the statute or ordinance creatine a specific
advisory board, where applicable, this Advisory Board Policy applies to the following
Orange County advisory boards, policies, commissions, and councils:
a. Adult Care Home Community Advisory Committee
b. Advisory Board on Aging
c. Affordable Housing Advisory Board
d. Agricultural Preservation Board
e. Animal Services Advisory Board
f. Arts Commission
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g. Commission for the Environment
h. Economic Development Commission
i. Board of Equalization and Review
j. Historic Preservation Commission
k. Human Relations Commission
I. Nursing Home Community Advisory Committee
m. Orange County Board of Adjustment
n. Orange County Parks and Recreation Council
o. Orange County Planning Board
p. Orange Unified Transportation Board
q. Personnel Hearing Board
r. Visitor's Bureau
2. Except as otherwise provided herein or through a specific advisory board policy this
Advisory Board Policy shall control the appointment, reporting, operation and other
requirements of the advisory boards listed above except to the extent the same are
controlled by a specific statute or ordinance. In those cases, as noted above, where
a statute or ordinance controls the requirements of the advisory board and the
terms of this Advisory Board Policy conflict with the terms of the statute or
ordinance the statute or ordinance shall prevail.
SECTION II: DUTIES
A. Community Contact
1. Advisory boards, through their membership. and subcommittees, shall maintain
contact with stakeholder groups. _ In this manner, the advisory board is kept
apprised of current information related to matters under the jurisdiction of Orange
County.
B. Other Responsibilities
1. Individual advisory boards shall maintain awareness of their goals and objectives as
those goals are related to the Orange County Board of Commissioners' adopted
overall goals and objectives for Orange County.
2 All actions or recommendations ofthe advisory board shall be communicated to the
Orange County Board of Commissioners as provided herein.
SECTION III: MEMBERSHIP
A. Authority
1. North Carolina General Statute 153A-76 grants boards of county commissioners the
authority to establish advisory boards and to appoint members to and remove
members from those advisory boards. In acting on this authority the Orange County
Board of Commissioners hereby establishes certain general conditions to which
applicants and members of advisory boards should conform.
a. All members of standing, statutory boards must meet the qualifications for
the specific statutory requirements for an appointed position.
b. All boards members must be eighteen (18) years of age or older unless
applying for ayouth-designated position.
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c. All board members shall maintain their domicile in ~~o?--ads-~a~?}
~,~'~+^.°a +^ "^+^ c ^a -. ~;~+^~+ ^~ Orange County unless they are under
eighteen (18) years of age and applying for ayouth-designated position.
The Clerk shall confirm nominees ~-;~ .r ~ ~{~ - ' + ,~ + +
maintain their domicile in Orange County.
i. Domicile is defined as one's permanent established home as
distinguished from one's temporary althoueh actual place of
residence.
d. All board members shall have good reputations for integrity and an interest
in community service.
e. No nominee to a board shall be currently employed by Orange. County
government and serve on a board that directly affects their work.
f. No nominee may currently be a party to or be the actual legal
representative in litigation against Orange County. The Clerk shall confirm
nominees are not involved in such litigation.
g. Each nominee must be prepared and committed to participate in advisory
board work in a manner that enhances relationships between the county
and the community.
h. Advisory board members se. Y~~~h~~~amissisners of 9~ranse Cetar~ty-A~r
st~eh, their rely .,,.~,,,~°~ +i;o~. .,.,-+.,,°.,+ f^. f ~~ .. +• ..+• +"
' shalt flwe no outstanding taxes at the time of
appointment.
i. All board members are representatives of the Orange County Board of
Commissioners and shall conduct themselves, both in their official actions
'and personal actions so as to be above reproach in their conduct and shall
not bring disrepute to either the County or the Commissioners.
j. The Orange County Board of Commissioners may waive any of the
conditions within this section, with the exception of statutorily imposed
conditions.
B. Composition
1. The Orange County Board of Commissioners shall appoint all voting and nonvoting
ex officio members to advisory boards. T"° ,~^+;^^ ^,^„,"^.... ~".,~~ ,.°~~°,.+ +"°
eu-Itt~~ral a~-~t#~a~i~-d~er~z~~ ^~ +"° ^^ ~~^~+~~.The Orange County Board of
Commissioners shall endeavor to appoint members who represent the ethnic,
cultural, demographic, and geographic diversity of the community.
C. Selection Criteria
1. Appointed members, except for ex officio members, shall be qualified by the Clerk
to the Board of County Commissioners.
Z. Members shall be appointed from nominees ~°°^^^^^°^'~°~' "~'
'Q^C--E, befit--h~ea~adviser~-be^~~t-I~e;~-whose properly filed
and submitted applications were submitted to the Clerk to the Board of Orange
County.
D. Appointment
1. All members of advisory boards serve at the pleasure of the Orange County Board of
Commissioners.
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2. Appointments to advisory boards will be initiated with a public application process
from individuals, advisory boards, or community and professional organizations.
3. All appointments to advisory boards will be made by the Orange County Board of
Commissioners.
a. The Orange County Board of Commissioners may elect to interview
applicants to certain advisory boards.
b. In the event the Orange County Board of Commissioners conducts such
interviews the advisory board to which the applicant seeks appointment
may identify and suggest interview questions to the Orange County Board of
Commissioners.
4. No person appointed to an Orange County advisory board shall serve on that board
for more than two consecutive terms of three years each.
5. The Orange County Board of Commissioners may direct the Clerk to the Board of
County Commissioners to establish an orientation program for certain advisory or
other boards.
6. Extension of a member's term.- may be approved by the Orange County Board of
Commissioners if it is determined that it is in the best interest of Orange County to
allow an individual to continue to serve.
E. Term
1. Each appointed advisory board member shall hold office until the qualification and
appointment of his or her successor or until one year has elapsed since the
expiration of the term for which the member was appointed, whichever first occurs.
No person-shall serve as an appointed member of an advisory board for more than
two. consecutive terms of three years.
2. In,order to establish staggered terms the original voting members of the advisory
board shall be appointed as follows:
a. .One- third fora one year term.
b. One-third for a two year term.
c. One third for a three year term.
d. Thereafter, each newly appointed voting member shall serve for a three
year term.
3. Advisory board members whose terms are due to expire may request they be
appointed to a second term or be asked to accept a second term appointment to
the position.
4. Notwithstanding section III(E)(1) above the membership of any advisory board
member whom the Orange County Board of Commissioners decline to appoint to a
second term shall immediately terminate upon the expiration of their term.
5. Advisory board members may not serve concurrently on more than two (2) Orange
County advisory boards. This restriction does not impact an individual's service on
boards and commissions that are not Orange County advisory boards or short term
task forces or work groups.
F. Resignation
1. If a member wishes to resign, the member shall submit the resignation in writing to
the Chair of the advisory board on which the member serves and the Clerk to the
Board of Orange County Commissioners, noting the effective date of the
resignation.
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2. The advisory board Chair will forward a copy of the resignation to the Clerk to the
Board of Orange County Commissioners.
3. The Orange County Board of Commissioners may recognize the individual's service
via a letter or certificate.
4. An announcement of the open seat will be made at the time the resignation
becomes effective.
G. Vacancies
1. Upon the expiration of the term of service of members or should a vacancy
otherwise occur, the Orange County Board of Commissioners shall have the
responsibility of selecting and appointing new members to the advisory board.
H. Removal
1. Members of Orange County's advisory boards serve at the pleasure of the Orange
County Board of Commissioners and may be removed for any reason or no reason
with or without cause.
2. Members of Orange County's advisory boards are expected to abide by the highest
ethical and professional standards.
3. In addition to Section III(H)(1) above, the Orange County Board of Commissioners
m~a~-shall remove any member of an advisory board for neglect of duty,
nonparticipation that becomes problematic to the advisory board's functioning and
purpose. Neglect of duty and nonparticipation +s-are defined as follows:
a. Missing three (3) consecutive meetings; or
b. Missing twenty-five percent (25%) of meetings within any twelve (12)
month period.
c. For this section III(H)(3) to,apply, the missed meetings in question must be
unexcused.
4. The advisory board Chair °^~' gyn. *"° ~ ^'~r~"'° ~'°^~~*^,^^+ air°,.+i+r shall notify a
member if the member is at risk of being removed pursuant to section III(H)(3).
5. The advisory board Chair ,^a ~^r +"° ~^^i~^°"i° ,~r,^°r+^^°^+ a;r°^*nr shall notify the
Clerk to the Board of Orange County Commissioners if a member has violated
section III(H)(3).
I. Release from Service
1. When it is deemed necessary by the Orange County Board of Commissioners to
release a member from his or her term of appointment on an advisory board, the
affected individual shall be notified by the Clerk to the Board of County
Commissioners by letter and/or electronic mail.
2. When an advisory board has completed its function, the members shall be informed
of the completion of their service and the termination of the advisory board by
letter and/or electronic mail.
SECTION IV. ROLES AND RESPONSIBILITIES
A. Members
1. Members shall attend meetings of the advisory board, serve on subcommittees, and
perform other functions as assigned by the advisory board chair with the approval
of the advisory board.
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2. tf a member is unable to attend a meeting the member shall contact the Chair or
designated staff as much in advance of the scheduled meeting as possible.
3. Ex officio members may be appointed by the Orange County Board of
Commissioners for the purpose of meeting subject matter expertise needs. Ex
officio members are nonvoting members of the advisory board.
4. Upon review of the above matters, the Orange County advisory board shall address
recommendations and concerns, if any, to the Orange County Board of
Commissioners in writing.
B. Advisory Board
1. The Orange County Board of Commissioners will consider all advisory board
recommendations and/or concerns.
a. Should any concerns remain unresolved after a response has been received
from the advisory board, the Orange County Board of Commissioners may
request that the matter be referred to the County Manager.
2. To enhance trust between Orange County Government and the community, Orange
County advisory boards shall
b. Assist the staff of Orange. County in achieving a greater understanding of the
nature and causes of community issues, with an emphasis on improving
relations between the department and the residents.
c. Recommend methods to encourage-and develop the advisory board's ability
to accomplish their work.
d. Work throughout the community to gain relevant information about
advisory board issues and communicate these to the staff of Orange County
'' and the Orange County Board of Commissioners.
e: Promote' public awareness of contemporary issues Orange County must
address to' achieve the Orange County Board of Commissioners' goals and
priorities.
J. Chair, Vice Chair, Secretary
1. Selection
a. Election -
i. Chair, Vice Chair and Secretary shall be elected by the advisory
board.
ii. Chair, Vice Chair and Secretary shall be elected to one-year terms.
iii. Chair, Vice Chair and Secretary shall serve no more than three
consecutive one-year terms.
iv. Chair, Vice Chair and Secretary shall assume office on the date of
their election. At the first advisory board meeting upon assuming
office the advisory board Chair or department staff shall present
members with a copy of the advisory board's charge, scope of
authority, membership responsibilities, and code of conduct.
2. Responsibilities
a. The advisory board Chair:
i. Calls all meetings.
ii. Serves as the presiding officer and conducts advisory board
meetings.
iii. Is the Authorized spokesperson for the advisory board.
iv. Assists staff in developing the advisory board meeting agenda.
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v. Appoints and dissolves subcommittees, and the Chair and members
thereof, of the body in consultation and with approval of the
advisory board.
vi. Sets goals for the advisory board in consultation with the Orange
County Board of Commissioners.
vii. Carries out advisory board assignments as required by the Orange
County Board of Commissioners.
viii. Reviews all advisory board minutes and proposed recommendations
or assigns another member of the advisory board to do so.
ix. May excuse members from attending advisory board meetings up
to two (2) times per twelve (12) month period.
b. The advisory board Vice Chair:
i. Serves as the presiding officer and conducts advisory board
meetings in the absence of the Chair.
ii. Has all the responsibilities of the Chair in the Chair's absence.
c. The advisory board Secretary:
i. Takes (or oversees the taking of) minutes for all advisory board
meetings.
ii. Submits minutes to the Chair to be distributed to advisory board
members in advance of meetings.
iii. Submits approved advisory board minutes to the Clerk to the
Orange County Board of Commissioners for retention and
distribution to the Orange County_Board of Commissioners.
- iv. Assures that other records of the advisory board are kept as
directed by the Chair or the Orange County Board of
Commissioners.
d.-_ Removal:
i. The Chair, Vice Chair and/or Secretary may be replaced at any time
by the Orange County Board of Commissioners.
SECTION V. ORGANIZATION
A. Orientation and Training
1. Orange County will make available for advisory board members and department
.staff periodic training on state and/or county goals and priorities as well as relevant
statutes and policies, including open meetings, public records, conflicts of interest
and ethics.
2. Each member shall attend an orientation to familiarize the advisory board members
with the operation of County government, applicable department rules, and the
operating procedures of the advisory board.
a. The Chair and Vice Chair, if newly elected, shall attend an additional
orientation to familiarize themselves with the duties and responsibilities of
the Chair and Vice Chair and the guidelines for conducting meetings.
3. Each voting member will be encouraged to complete the orientation within the time
frame established by the policy of the specific advisory board to which they have
been appointed.
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4. Advisory board members will be issued a manual and should become familiar with
its contents.
B. Operating Expenses
1. Members, when in service on the board, are not employees of Orange County.
2. Members serve in a voluntary capacity and shall receive monetary compensation or
reimbursement only per standard county policy and with Orange County Board of
Commissioners approval.
3. Members shall receive no financial or employee benefits from the County unless
authorized by another section of this policy and specifically approved by the Orange
County Board of Commissioners.
4. The County will provide office supplies and' assume responsibility for other
reasonable expenses necessary for the operation of the board.
C. Confidentiality
1. The Chair shall serve as the spokesperson for the advisory board.
2. Except for the Chair, no member of the advisory board'. shall make any written or
oral statement of any confidential matter to any individual, business, or agency. A
violation of this section will result in that member's immediate removal from the
advisory board.
3. Members of the advisory board may .receive information regarding personnel
matters and other information of a sensitive or confidential nature. It shall be the
duty and responsibility of each member to respect and maintain the confidentiality
of client issues presented. before-the. board. Neither the advisory board nor any
individual member shall disseminate. confidential information received during
advisory board meetings.
4. Advisory board members afemay be required to sign confidentiality statements as
necessary and will be removed from the advisory board upon violation of the
confidentiality agreement.
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r riF'r~! +'~I rtn in rrimnn}..I inf~rm~+}inn '~;~~
SECTION VI. MEETINGS
A. Regular Meetings
1. All meetings are to be open to the public as required by the applicable North
Carolina General Statutes.
2. Unless otherwise specified, public meetings will follow the standard rules of
procedure defined by the Orange County Board of Commissioners.
3. The advisory board members shall determine the date, time, and place for each
meeting, consistent with the guidelines below.
a. Regular advisory board and subcommittee meetings.
i. The advisory board convenes upon call of the Chair and meets on
schedule as established by the specific advisory board policy.
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ii. Subcommittee meeting dates shall be set by the subcommittee
Chairs and shall be scheduled in conjunction with advisory board
meetings.
iii. A schedule of all meeting dates, times, and places shall be properly
posted in accord with North Carolina Law and delivered to the Clerk
to the Board.
B. Special Meetings
1. A majority of advisory board members or the Chair may call special meetings at any
time for any specific business. Special meetings shall be convened at a location
selected by the Chair.
2. All called special meetings shall be noticed in accord with North Carolina Law and
delivered to the Clerk to the Board.
C. Emergency Meetings
1. A majority of advisory board members or the Chair may call a meeting in emergency
circumstances by providing telephone notice to media outlets at least one hour
prior to the meeting.
2. An emergency situation includes a disaster that severely impairs the public's health
or safety. In the event telephone services are not working, notice that the meetings
occurred must be given as soon as possible after the meeting in accord with North
Carolina Law and by delivery to the Clerk to the Board.
D. Notice of Meetings Generally
1. Notice of advisory board meetings, including public hearings and appeals if
applicable, and agendas shall be made available to all members and interested
parties,. and to any person who requests such notice, at least ten (10) days in
advance of the meeting by a-mail and by posting on the Orange County government
website.
2. All applicable notice requirements established by North Carolina law shalt be
followed.
E. Agendas
1. Board members and/or staff members slas-u~-shall submit agenda items to the
Chair and staff for consideration at least tea-fifteen (-1815) days prior to a scheduled
meeting.
2. The agenda must provide a description of each item of business to be transacted or
discussed so that interested members of the public will be capable of understanding
the nature of each agenda item.
3. As a general rule, only those items appearing on the agenda will be discussed or
voted on. However, if an item is raised by a member of the public, the advisory
board may accept public comment and discuss the item so long as no action is taken
until a subsequent meeting.
4. With the Chair's agreement, the designated staff will develop and distribute to each
member an agenda listing the matters to be considered at upcoming advisory board
meetings. Also, so far as practicable, copies of all written reports that are to be
presented to the advisory board for members' review will be included in this
package at least ten (10) days before the meeting.
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5. All recommendations and reports of the advisory board, approved in the form of
motions, shall be conveyed exclusively to the Orange County Board of
Commissioners for consideration, approval or denial. Outcomes are reported back
to the advisory board.
F. Minutes
1. Minutes shall be taken of all advisory board meetings and submitted to the Clerk to
the Board of Orange County Commissioners for retention and distribution to the
Orange County Board of Commissioners.
SECTION VII. SUBCOMMITTEES
A. Purpose and Formation
1. Subcommittees may be formed by the advisory board to research and make special
recommendations on special issues or areas in order to carry out the duties of the
advisory board.
2. All subcommittees shall be reviewed by the appointing body on an annual basis to
determine continued need and realignment with the priorities of the advisory
board.
3. S~~br~m,mi«ee; are ad hes-and t~rnperarj,--in nacre-Approved ad-#e~
subcommittees must have documented goals, deliverables, and a timeline. The
subcommittee will cease to meet when these are satisfied.
4. The advisory board Chair may request that the Orange County Board of
Commissioners change the structure and/or operating procedures of the advisory
board if he or she deems it essential for improving- the board's productivity and
effectiveness.
5. A subcommittee can be formed with the approval of the advisory board chair and
majority vote of the advisory board.
6. Subcommittees shall operate as directed by the advisory board.
B. Procedure and Membership
1. A member- of the subcommittee shall take responsibility for taking minutes of
subcommittee meetings and shall report to the advisory board the subcommittee's
progress toward its stated objectives, including dissenting viewpoints.
2. Subcommittees shall operate by majority vote.
3. Subcommittees may request a technical representative be approved by the County
Manager.
4. Subcommittees shall operate openly as defined by applicable North Carolina State
law and {ocal ordinances and policies.
5. Membership on subcommittees shall be voluntary unless policy dictates otherwise.
SECTION VIII. QUORUM AND VOTING
A. Quorum
1. A quorum for a meeting of an advisory board and any subcommittee thereof shall
consist of a majority of the number of appointed members present. Vacant
positions are not counted when determining if a quorum is present.
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2. Members who teleconference into the meeting fmay not} be counted present
for purposes of a quorum.
B. Voting
1. Unless otherwise required by law, all decisions shall be reached by a simple majority
vote.
2. All voting will be conducted in open meetings, except when in closed session where
such closed session is permitted by North Carolina law.
3. No issues can be voted upon unless a quorum is present.
4. Only appointed members can vote at advisory board meetings.
5. Appointed members shall not delegate their vote to another member.
6. The Chair of the advisory board may participate and vote on all issues.
7. Voting by proxy is not authorized and shall not be allowed.
8.
Members may not abstain from voting but where a member has a conflict
of interest the member may be excused by majority vote of the advisory board.
9. Members of advisory boards must be physically present to vote.
10. Individuals appointed as ex officio members of the advisory''' board are not
authorized to vote on any issue before the advisory board.
SECTION IX. ETHICS
A. Conflict of Interest
1. During advisory board meetings, a member shall immediately disclose any potential
conflict of interest and request to be excused from voting when he or she has a
conflict of interest ,° ~'°~~^°~' "^r°~^
2. During appeal proceedings, the applicant has the right to question the interest of
'any voting member. The advisory board chair should consult with the County
Attorney or staff attorney on any potential conflict of interest in appeal matters.
3. In determining from existing facts and circumstances whether a conflict of interest
exists the determining party shall consider the facts and circumstances as would an
ordinary and reasonable person exercising prudence, discretion, intelligence, and
due care.
B. Gifts
1. An advisory board member shall not directly or indirectly ask, accept, demand,
exact, solicit, seek, assign, receive, or agree to receive any gift or honorarium for the
advisory board member, or for another person, in return for being influenced in the
discharge of the advisory board member's official responsibilities.
2. This section shall not apply to gifts or awards authorized by Orange County Policies,
Resolutions, or Ordinances.
C. Code of Ethics
1. Advisory board members should act with integrity and with independence from
improper influence as they exercise the functions of their offices. Characteristics
and behaviors that are consistent with this standard are:
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a. Adhering firmly to a code of sound values.
b. Behaving consistently and with respect towards everyone with whom they
interact.
c. Exhibiting trustworthiness.
d. Living as if they are on duty as appointed officials regardless of where they
are or what they are doing.
e. 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.
f. 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.
g. 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.
h. Treating other advisory boards and advisory board members and the public
with respect, and honoring the opinions of others even when they disagree.
i. Being careful not to reach conclusions on issues until all sides have been
heard.
j. Showing respect for their appointed office and not behaving in ways that
reflect badly on the office, the advisory board, Orange County, or the
Orange County Board of Commissioners,
k. Recognizing that they are part of a larger group and acting accordingly.
L Recognizing that individual board membersare not generally allowed to act
on behalf. of the board, but may only do so if the board specifically so
authorizes, and that the board must take official action as a body.
m. Being faithful in the performance of the duties of their offices.
n. Acting' as especially responsible residents whom others can trust and
respect.
o. Faithfully attending and preparing for meetings.
p. Carefully analyzing all credible information that is properly submitted to
them, and when applicable, being mindful of the need not to engage in
communications outside the meeting in quasi-judicial matters.
q. Being willing to bear their-fair share of the board's workload.
r. To the extent appropriate, they should be willing to put the board's
interests ahead of their own.
2. Members of the Planning Board, Board of Adjustment, Economic Development
Commission, and Board of Equalization and Review s-shall upon initial
appointment, and prior to December 31 annually thereafter, disclose:
a. 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 of that property.
b. 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 currently doing business with Orange County pursuant to contracts
awarded by Orange County, or which is attempting, or has attempted in the
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past calendar year, to secure the award of a bid from Orange County or the
approval of any Board or Agency of Orange County.
c. Failure to file a disclosure statement setting out the above required
information shall result in immediate removal of the member from the
applicable board.
SECTION X. COMPENSATION AND TRAVEL REIMBURSEMENT
A. Compensation
1. As a general rule advisory board service is voluntary and appointed members shall
receive no form of compensation for their services.
2. However, should the Orange County Board of Commissioners determine, in its sole
discretion, that an advisory board's members should be compensated, such
compensation shall be addressed in that advisory board's specific policy and rules of
procedure as adopted by the Commissioners.
B. Travel Expense Reimbursement
1. The Chair shall, to the extent practicable, schedule all hearings and advisory board
meetings to minimize travel and per`diem costs.
2. Payment of expenses to advisory board members shall occur only when travel has
been approved by the County Manager prior to the time the expenses are incurred.
3. Orange County shall reimburse reasonable and necessary travel and incidental
business expenses from pre-approved travel to advisory board members
4. Advisory board members shall be' reimbursed in accordance with current local
and/or state rules and regulations. Expense claims shall be submitted as required
pursuant to the Orange County travel policy.
5. Transportation expense claims shall include charges essential for transportation to
and from the meeting place. Reimbursement shall be made only for the local
government's standard mileage allowance. Travel should be via the shortest, most
commonly traveled route.
6. Travel expense does not include hotel/motel expenses.
SECTION XI. LIMITATION OF POWER AND AUTHORITY
A. Nothing contained in this Advisory Board Policy shall be construed to conflict with any North
Carolina law or Orange County ordinance. Should there be an appearance of conflict, the
appropriate North Carolina law or Orange County ordinance shall prevail.
B. The activities of the advisory board shall, at all times, be conducted in accord with applicable
Federal law, North Carolina law, and Orange County ordinances.
C. Advisory Boards and any members thereof shall not (and shall not have the express or
implied authority to):
1. Incur expense or obligate Orange County in any manner.
a. Any expense incurred must have been pre-approved either through the
department director overseeing the advisory board's budget, the Orange
County Board of Commissioners, or the County Manager.
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b. It is specifically acknowledged that no member of an advisory board has the
authority, express or implied, to, contractually or otherwise, bind Orange
County.
2. Identify or release any draft document that has not been approved for release by
the Orange County Board of Commissioners or County Manager.
3. Take positions, in their capacity as an advisory board member, on any political issue
or support or oppose any candidate for public office.
4. Independently investigate resident complaints against Orange County, any
department or any employee of a department.
5. Conduct any activity that might constitute or be construed as an official
governmental review of departmental or employee actions.
6. Conduct any activity that might constitute or be construed as establishment of
Orange County or departmental policy.
7. Violate the confidentiality of any information related to matters involving pending
or forthcoming civil or criminal litigation.
S. Engage in any act to impose or attempt to impose discipline on any advisory board
member, department, or employee.
9. Interfere, attempt to interfere or involve themselves in any wad in staff personnel
matters regardless of the nature of the matter.
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~E~-~~)a-ooh
ORANGE COUNTY BOARD OF COMMISSIONERS ~ 6
RESOLUTION ADOPTING THE ORANGE COUNTY BOARD OF COMMISSIONERS
ADVISORY BOARD POLICY AND REPEALING THE CONFLICTING PROVISIONS OF
ALL PRIOR ADVISORY BOARD POLICIES AND RESOLUTIONS
WHEREAS, on November 10, 2011 the Orange County Board of Commissioners tentatively approved
a general advisory board policy document to govern the procedures of its advisory boards; and
WHEREAS, the general policy document was needed because of a wide disparity between and among
the procedures of the multiple advisory boards reporting to the Board of Commissioners; and
WHEREAS, North Carolina General Statute 153A-76 grants to boards of county commissioners the
broad authority to organize county government, including the authority to "create, change, abolish, and
consolidate offices, positions, departments, boards, commissions, and agencies of the county
government, may impose ex officio the duties of more than one office on a single officer, may change
the composition and manner of selection of boards, commissions, and agencies, and may generally
organize and reorganize the county government...."; and
WHEREAS, it is the intent of the Orange County Board of Commissioners that a single general policy
document will benefit Orange County by limiting confusion for County staff members who assist
advisory boards in the performance of advisory board functions; and
WHEREAS, it is the intent of the Orange County Board of Commissioners that, in addition to being
governed by the general policy document, a specific policy document shall be developed for each
advisory board, which specific policy document together with the general policy document shall be the
sole controlling documents of the advisory boards; and
WHEREAS, it is the intent of the Orange County Board of Commissioners that in determining whether
there is a conflict between or among the terms of the general policy document and any prior policy or
resolution, staff may consult with the County Attorney, who shall take into consideration the intent of
the Board of Commissioners, to resolve the conflict;
NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of County Commissioners,
pursuant to North Carolina General Statute 153A-22, adopts the general policy document, Orange
County Board of County Commissioners Advisory Board Policy, and repeals any policy or resolution
governing Orange County Advisory Boards to the extent those policies or resolutions conflict with the
Orange County Board of County Commissioners Advisory Board Policy; and
BE IT FURTHER RESOLVED, upon the adoption of each subsequent board specific policy
document, which shall accompany the Orange County Board of County Commissioners Advisory Board
Policy, all prior policies or resolutions governing the Orange County Advisory Board for which the
specific policy is adopted shall be repealed in totality, save and except the Orange County Board of
County Commissioners Advisory Board Policy.
This the 7~' day of February, 2012.
Bernadette Pelissier, Chair
Orange County Board of Commissioners
Attest:
Clerk to the Board of Commissioners