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HomeMy WebLinkAboutAgenda - 08-21-2012 - 5j 001 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 21, 2012 Action Agenda Item No. 5-j SUBJECT: Amendment to the Orange County Board of Commissioners' Advisory Board Policy DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Ethics Excerpt from Policy with Proposed Amendment John Roberts, 245-2318 Highlighted PURPOSE: To amend the ethics provisions of the Orange County Board of Commissioners' Advisory Board Policy. BACKGROUND: In February 2012 the Board of Commissioners adopted a general policy document to establish controls and procedures for numerous Orange County advisory boards and commissions. The document is extensive and imposes numerous requirements on members of and applicants to advisory boards. Among the requirements are ethics provisions for all advisory board members and additional requirements for members of specified advisory boards. Since the adoption of the policy in February, staff members have become aware of certain actions by advisory board members that raise concerns that the ethics provisions may be inadequate. For that reason the County Attorney recommends the Board of Commissioners amend the policy to include a requirement that advisory board members be specifically prohibited from utilizing a position on an advisory board for personal gain or profit. FINANCIAL IMPACT: There is no financial impact associated with adoption of the recommended amendment. RECOMMENDATION(S): The Manager recommends the Board approve the amendment to the Orange County Board of Commissioners' Advisory Board Policy. 002 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. 1. 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. 2. 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: 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 003 Orange County Board of Commissioners. k. Recognizing that they are part of a larger group and acting accordingly. I. Recognizing that individual board members are 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 and shall avoid the appearance of a conflict of interest and shall, under no circumstances, use their position on any board for personal gain or profit. 2. Members of the Planning Board, Board of Adjustment, Economic Development Commission, and Board of Equalization and Review 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 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.