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HomeMy WebLinkAboutAgenda - 10-25-2012 - 3 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date:October 25, 2012 Action Agenda Item No.3 SUBJECT: Specific Policiesfor Board of County Commissioner Advisory Boards DEPARTMENT:PUBLIC HEARING: (Y/N)No County Attorney ATTACHMENT(S):INFORMATION CONTACT: Specific Policies For:John Roberts, 245-2318 Advisory Board on Aging Affordable Housing Advisory Board Arts Commission Historic Preservation Commission Human Relations Commission Nursing Home Community Advisory Committee Orange County Parks and Recreation Council Personnel Hearing Board PURPOSE: To reviewand comment onthefinal draftsof the board-specific policies for eight (8)advisory boards. BACKGROUND: On February 21, 2012 the Board of Commissioners approved the General Advisory Board Policy and authorized the County Attorney to 1) work with staff of various departments tocreate specific policy documents that apply to and govern each individual advisory board and2) bringthe policies forward for Board review.The attached policieshave beencompleted and are ready for Board of Commissioners’ review and comment. The intent of these policies is to give guidance to department staff and to direct the advisory boards in the performance of their duties, establishing their membership, establishing their charge and goals, and establishing their procedures for debateand discussion. FINANCIAL IMPACT: None. RECOMMENDATION(S): The Manager recommends the Board review and comment on the specific policies for the eight (8) advisory boards. 2 ADVISORYBOARD ON AGING POLICIES AND PROCEDURES SECTION I:SCOPE A.Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Advisory Boardon Aging. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to the Orange County Department on Agingconcerning services and programs for older persons. B.Authority 1. North Carolina General Statute 153A-76grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the AdvisoryBoardon Aging, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as “Exhibit A”. 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shallcontrol. C.Charge 1. The charge of the Advisory Board on Agingis toadvise the Orange County Board of Commissioners and Department on Agingon comprehensive and integrated approachesto the delivery of services to Orange County’s seniors. SECTION II:GOALS AND OBJECTIVES A.Goals 1. To provide a comprehensive and integrated approach to the delivery of services to Orange County’s seniorsin the fields of health, mental health, social services, recreation, employment and other programs under federal, state and local authority. 2. The Advisory Board on Aging shallact as a liaison between older residentsof Orange County and the County government. B.Objectives 1. Suggest policy and make recommendations to the Department and the Board of County Commissioners on the specialneeds of the elderly. 2. Work to stimulate and promote needed services and programs for older persons 3. Assist public and voluntary agencies in providing services to older adults 4. Review and make recommendations concerning service e proposals and funding ofservices that have impact on older persons. 5. Consult with and assist the Department on Aging Director in the preparation of the Department’s budget. 6. Assist the Director of the Department on Aging in planning and developing a unified and coordinated “County Aging Plan”. 7. Perform other functions and duties as may from time to time be requested and prescribed by the Board of County commissioners. SECTION III:MEMBERSHIP A.Authority 3 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 andmembers of advisory boards should conform. B.Composition 1. The AdvisoryBoardon Agingis composed of twelve (12) voting members. 2. Members shall consist of seven members over the age of 60 years, two persons who are residents of the Town of Chapel Hill, one person who is a resident of the Town of Carrboro, and one person who is a resident of the Town of Hillsborough. SECTION IV.MEETINGS A.Staffing 1. Orange County staff may serve a support function to advisory boards upon the approval of the Orange County Manager. B.Agendas 1. Items for agendas shall be approved by theAdvisory Board on Aging Board Chair and staff. C.Meeting time and location 1. The second Tuesday of each month at 3:30 p.m. rotating between the Central Orange Senior Center and the Seymour Center. SECTIONV. ORIENTATION A.Attendance 1. Each member shall attend an orientation presented by the Department on Aging Directorto familiarize the advisory board members with the operation of County government, the Department on Aging rules, and the operating proceduresof the advisory board. 2. Each voting member shall complete the orientation within 12 weeks of his or her appointment and participate in at least one committee assignment. SECTION VI. BY-LAWS A.By-Laws 1. Any Bylaws adopted by the Advisory Board on Aging arevoid and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Advisory Board on Aging determine modifications to policies and procedures are necessary the Advisory Board may petition the Board of County Commissioners for such modifications. 4 AFFORDABLE HOUSING ADVISORY BOARD POLICIES AND PROCEDURES SECTION I. SCOPE A.Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Affordable Housing Advisory Board. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to investigate, analyze, and prioritize affordable housing needs and strategies by serving as the official advisory bodyon affordable housing. B.Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which theAffordable Housing AdvisoryBoard, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as “Exhibit A”. 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C.Charge. The charge of the Affordable Housing Advisory Board is to investigate, analyze, and prioritize affordable housing needs and strategies by serving as the official advisory body on affordable housing. SECTION II.GOALS AND OBJECTIVES A.Goals: 1. Publicize the County’s housing objectives; 2. Increase the community’s awareness, understanding, commitment to and involvement in a comprehensive program of initiatives to increase the amount of attractive affordable housing; 3. Advocate for changes in public policy that will improve opportunities for those who cannot afford housing costs in Orange County;and 4. Assist in the implementation of the strategies contained inthe FY 2001 Commissioners Affordable Housing Task Force Report and any other similar subsequent documents. B.Objectives 1. Prioritize County affordable housing needs; 2. Assess affordable housing project proposals as needed; 3. Monitor the progress of local housingprograms; 4. Explore new funding opportunities; 5. Explore alternative housing development strategies and initiatives; and 6. Other housing-related items identified by the Board of Commissioners SECTION III.MEMBERSHIP A.Authority 5 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. B.Composition 1. The Affordable Housing Advisory Boardshall be composed of fifteen (15) voting members. SECTION IV. MEETINGS A.Staffing. Orange County staff may serve a support function to advisory boards upon the approval of the Orange County Manager. B.Agendas. Items for agendas shall be approved by theAffordable Housing Advisory Board Chair, the Affordable Housing Advisory Board Vice-Chairand staff. C.Meeting time and location. Meetings occur the second Tuesday of each month at 6:00 p.m. and rotate between Chapel Hill and Hillsborough. SECTION V. ORIENTATION A.Attendance 1. Each member shall attend an orientation presented by the Housing, Human Rights and Community Development Department to familiarize the advisory board members with the operation of County government, theHousing, Human Rights and Community Development Department rules, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within 12 weeks of his or her appointment and participate in at least onetraining session. SECTION VI. BY-LAWS A.By-Laws 1. Any Bylaws adopted by the Affordable Housing Advisory Board are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should theAffordable Housing Advisory Boarddetermine modifications to policies and procedures are necessary the Affordable Housing Advisory Board may petition the Board of County Commissioners for such modifications. 2 6 ORANGE COUNTY ARTS COMMISSIONBOARD POLICIES AND PROCEDURES SECTION I:SCOPE A. Purpose 1.To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Orange County Arts CommissionBoard. 2.The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to the Orange County Arts CommissionBoard. B. Authority 1. North Carolina General Statute 153A-76 grants boards ofcounty commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Orange County Arts Commission Board, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as “Exhibit A”. 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge 1. The charge of the Orange County Arts Commission Board is as follows: The purpose for which the Orange County Arts Commission Board was formedin 1985 isto serve as the official countywide advisory body on the arts, which will promote, coordinate and strengthen private and public programs to further the cultural development of the County. SECTION II:GOALS AND OBJECTIVES A. Goals 1. The Orange County Arts CommissionBoardshall: a. Advise the Board of Commissioners on matters involving thearts; b. Upon nomination of the Board of Commissioners and approval of the North Carolina Arts Council the Orange County Arts Commission shall be the Designated County Partner (DCP) of the annual allotment of Grassroots Arts Program funds. As the DCP it shall have the goal of assuring that the County’s annual Grassroots funding allotment is broadly and fairly distributed to serve as effectively as possible the arts needs of the citizens of Orange County; c. Encourage and aid the appreciation and awareness of, and participation in, the arts among all citizens of Orange County; d. Encourage cooperation and coordination among individuals, organizations and institutions concerned with the arts in the County of Orange; e. Facilitate the development of self-sustaining arts programs; f. Accept gifts or donations pertaining to cultural or artistic matters that may be used to promote, aid and expand the cultural resources of the County. B. Objectives 1.The Orange County Arts Commission Board shall: a.Initiate, sponsor, conduct or support,alone or in cooperation with other public or private agencies, programs in the arts; 7 b.Serve as a clearinghouse for information about Orange County artists, arts programs, facilities, organizations and institutions and to encourage public awareness, utilization and support of such resources; c. Administer the Grassroots Program and County funds which shall include the responsibility to familiarize those interested in the arts with the guidelines necessary for funding, advertise for applications at the start of each grant cycle, review requests, award grants based on applicant’sability to meet the necessary guidelines and conditions and being able to arrange matching funds, mail award letters and checks, and secure proper documentation of expenditures for inclusion in the County’s annual audit. 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. B. Composition 1.The Orange County Arts Commission Board is composed of fifteen voting members appointed by the Board of County Commissioners. 2.The Orange County Arts Commission Board has no appointed alternate members. 3.The Orange County Arts Commission has no appointed ex-officio members. 4.No organization which is a potentialrecipient of County arts funding shall have on the Orange County Arts CommissionBoardmore than two people who serve on its board or staff. No person serving on the Orange County Arts Commission shall vote or discuss an award by the Orange County Arts Commission to an agency which they are a member. C. Organization 1.The Orange County Arts Commission’s office and files shall be lodged organizationally within the Orange County Economic Development Department. Staff support shall be provided by the Executive Director of Chapel Hill/Orange County Visitors Bureau or their designee, except as may be otherwise arranged by the County Manager from other departments and from the Triangle J Cultural Resources Committee and the North Carolina Arts Council. D. Officers and Duties 1.The Executive Committee(Chair, Vice Chair and Secretary) shall tend to matters affecting the Orange County Arts Commission Board which in the view of a majority of the Executive Committee require action by the Orange County Arts CommissionBoardbetween Commission meetings. No decision relating to the receipt or disbursement of Orange County Arts Commission funds shall be made by the Executive Committee. Any action taken and any correspondence initiated by the Executive Committee shall be presented to the full Orange County Arts CommissionBoardat the Commission’s next scheduled meeting. 2.Should the office of Chairperson or Vice Chairperson or Secretary become vacant, the Orange County Arts CommissionBoardshall elect a successor from its membership at its next regular or special meeting, and such election shall be for the unexpired term of said office. E. Term 1.No board member who has served two consecutive three-year terms may be reappointed until he or she has not served for one year. A vacancy in mid-term 8 shall be filled in the same manner as the original appointment to fill the unexpired term. SECTION IV.MEETINGS A. Staffing 1.Orange County staff mayserve a support function to advisory boards upon the approval of the Orange County Manager. B. Meetings 1.Meetings shall be held the second Monday of eachmonth except forJuly at various locations throughout Orange County. C. Agendas 1.Items for agendas shall be approved by the Orange County Arts Commission Board Chair and staff. SECTION V. ORIENTATION A. Attendance 1.Each member shall attend an orientation presented by the Orange County Staff tofamiliarize the advisory board members with the operation of County government, the department rules, and the operating procedures of the advisory board. 2.Each voting member will be encouraged to complete the orientation within six weeks of his or her appointment and participate in at least one meeting with the staff. SECTION VI.BY-LAWS A. By-Laws 1.Any Bylaws adopted by the Orange County Arts Commission Board are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2.Should the Orange County Arts Commission Board determine modifications to policies and procedures are necessary theOrange County Arts Commission Board may petition the Board of County Commissioners for such modifications. 9 ORANGE COUNTY HISTORIC PRESERVATION COMMISSION POLICIES AND PROCEDURES SECTION I:SCOPE A.Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Historic Preservation Commission. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity on matters affecting the historic and cultural resources in the county, and other emerging issues or topics of interest concerning historic preservation. B.Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Historic Preservation Commission, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as “Exhibit A”. 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. 4. Additional provisions regarding the makeup and role of the Historic Preservation Commissionmay be found in the Orange County Code of Ordinances, Chapter 44. Where provisions differ, the Code of Ordinances governs to the rules for the Historic Preservation Board. C.Charge 1. The charge of the Historic Preservation Commissionis to advise and assist the Orange County Board of Commissionersin the areas of historic preservation policy and planning, including the designation of historic landmarks and historic districts. SECTION II:GOALS AND OBJECTIVES A.The Historic Preservation Commission shall have the following goals and objectives: 1. Maintain an inventory of properties of historical, prehistorical, architectural, and/or cultural significance. 2. Recommend to the Orange County Board of Commissioners areasto be designated by ordinance as “historic districts” and individual structures, buildings, sites, areas or objects to be designated by ordinance as “landmarks.” 3. Recommend to the Orange County Board of Commissioners thatdesignation of any area as a historic district, or part thereof, or designation of any building, structure, site, area or object as a landmark, be revoked or removed for cause. 4. Review and act upon proposals for alterations, demolition or new construction within historic districts, or for the alteration or demolition of designated landmarks. 10 5. Conduct an educational program with respect to historic districts and landmarks within its jurisdiction. 6. Cooperate with State, Federal, and local governments in pursuance of the purposes of the Orange County Code of Ordinances, Chapter 48, and offer or request assistance, aid, guidance or advice concerning matters under its purview or of mutual interest. The Orange County Board of Commissioners, or the Commission when authorized by the Commissioners, may contract with the State or the United States, or any agency of either, or with any other organization providedthe terms are not inconsistent with State or Federal law. 7. Enter, solely in the performance of itsofficial duties and only at reasonable times, upon private lands for examination or survey thereof. No member, employee or agent of the Commissionmay enter any private building or structure, however, without the express consent of the owner or occupant thereof. 8. Prepare and recommend updates, as needed,to the Orange County Comprehensive Plan and the Unified Development Ordinance. 9. Recommend to the Orange County Board of Commissioners that it acquire by any lawful means the fee or any lesser included interest, including options to purchase, to properties within designated historic districts or to any such properties designated as landmarks; to hold, manage, preserve, restore and improve the same; and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally-binding restrictions that will secure appropriate rights of public access and promote the preservation of the property. 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. 2. Historic Preservation Commissionmembership and authority isalso granted and addressed by N.C. General Statutes Chapter 160A, Article 19, Part 3C. B.Composition 1. The Historic Preservation Commission shall be composed of seven (7) members, all of whom will be appointed by the Board of County Commissioners. 2. Members shall reside within the territorial jurisdiction of Orange County, and shall have demonstrated special interest, experience or education in history, architecture, landscape architecture, archaeology or related fields. 3. Members shall serve a term of three years,and appointments shall be made so that one-third of the terms expire in February of each calendar year. 4. Members are eligible for reappointment for a second consecutive three-year term, however, after two consecutive terms a member shall be ineligible for reappointment for one year after the expiration of the previous terms. In determining eligibility of reappointment, appointments made to fill vacancies for unexpired terms shall not be counted as a term. 5. Attendance at the regular meetings of the Commission shall be considered a prerequisite for maintenance of membership on the Commission. The Orange County Board of Commissioners may declare a vacancy of the Commission because of a member’s non-attendance. 11 6. Absence due to sickness, death of an immediate family member or similar reason shall be considered approved absences and shall not affect the member’s status. In the event of long illness or other cause for prolonged absence, the member shall be replaced. C.Officers 1. The elected officers of the Historic Preservation Commission shall consist of a Chair and Vice-Chair. Additional officers may be appointed as needed, and the Commission may agree to designate Co-Chairs in lieu of a Chair and Vice-Chair, each retaining the rights to serve in the role of Chairto preside over meetings, such role being with concurrence of the two Co-Chairs. 2. The Chair shall preside over all regular and special meetings of the Board. In the absence or disability of the Chair, the Vice-Chair shall preside and shall exercise all thepowers of the Chair. D.Officer Election Procedures and Terms of Office 1. The Officers shall be elected by the Commission from among its members at the regular meeting in February of each year.They shall take office at the following regular meeting. 2. The Chair and Vice Chair shall serve terms of one year and shall be eligible for re-election. They shall be eligible to succeed themselves for not more than three one-year terms. A majority of members present shall be necessary to elect officers. 3. A vacancy inthe office of Chair shall be filled by the Vice Chair succeeding to the office for the balance of the unexpired term. 4. A vacancy in the office of Vice Chair (including a vacancy due to III.C.2. above) shall be filled by election of a Vice Chair from the Commission for the balance of the unexpired term. SECTION IV.MEETINGS A.Staffing 1. Orange County staff from the Department of Environment, Agriculture, Parks and Recreation shall serve as staffsupport to the Historic Preservation Commission, contingentupon the approval of the Orange County Manager. B.Agendas 1. Items for agendas shall be approved by theHistoric Preservation Commission Chair and staff. 2. Regular meetings of the Board shall be held on the fourth Wednesday of each month at 7:00 pm or some othertime established by the Commission. When the regular meeting day falls on a holiday, the Commissionmay call a special meeting. 3. The order of business at regular meetings shall be as follows: a.Call to Order b.Consideration of additions or changes to the agenda e.Call for approval of minutes of previous meeting f.Reports g.Public Hearings h.Items for Decision i.Discussion Items j.Informational Items k.Adjournment 12 4. Special meetings may be called by the Chair or by written request by two members of the Commission, submitted to the Commissionor the Chair. Written or oral notice of meetings shall be given to all members at least 48 hours prior to the meeting and shall state the time, place and purpose of the meeting. 5. TheCommissionshall keep meeting summaries or minutes of the proceedings showing the vote of each member upon each question, or if absent of failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Department of Environment, Agriculture, Parks and Recreation and shall be a public record. 6. The Commissionmay cancel meetings when there is no business for the Commissionor lack of a quorum is determined, by notice from the Chair or staff provided at least 24 hours prior to the scheduled meeting. SECTION V. ORIENTATION A.Attendance 1. Each member shall attend an orientation presented by the Department of Environment, Agriculture, Parks and Recreationand/or the officers of the Commissionto familiarize the advisory board members with the operation of County government, andthe operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within eight weeks of his or her appointment and participate in at least onesite tour or visit (as deemed practical) SECTION VI. BY-LAWS A.By-Laws 1. Any Bylaws adopted by the Historic Preservation Commissionare void and no further bylawsshall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document – as well as the Board rules and procedures found in the Code of Ordinances, Chapter 44. 2. Should the Historic Preservation Commissiondetermine modifications to policies and procedures are necessary the Commissionmay petition the Board of County Commissioners for such modifications, to be made to this document and the Code of Ordinances, as applicable. Appendix 1 – Orange County Code of Ordinances, Chapter 44-31 through 44-37 13 HUMAN RELATIONS COMMISSIONPOLICIES AND PROCEDURES SECTION I:SCOPE A.Purpose 1.To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Human Relations Commission. 2.The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to make recommendations concerning human relations and social justice issues. B.Authority 1.North Carolina General Statute §153A-76 grants boards of county commissioners the authority to establish advisory boards. 2.The Orange County Code of Ordinance Chapter 12 Civil Rights § 12-18(j) grants the Human Relations Commission the authority to review the administrative law judge’s recommendation of a Complaint made under this Chapter and make a Final Agency Decision. 3.The Orange County Advisory Board Policy serves as the underlying policy document to which the Human Relations Commission, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as “Exhibit A”. 3.In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C.Charge 1. The charge of the Human Relations Commission is as follows: a.study and make recommendations concerning problems in the field of human relationships; b.anticipate and discover practices and customs most likely to create animosity and unrest and to seek solutions to problems as they arise; c.make recommendations designed to promote goodwill and harmony among groups in the County irrespective of their race, color, creed, religion, ancestry, national origin, sex, affectional preference, disability, age, marital status or status with regard to public assistance; d.monitor complaints involving discrimination; e.address and attempt to remedy the violence, tensions, polarization, and other harm created through the practices of discrimination, bias, hatred, and civil inequality; and f.promote harmonious relations within the county through hearings and due process of law. SECTION II:GOALS AND OBJECTIVES A.Goals 1.The Human Relations Commission shallseek to prevent and eliminate bias and discrimination because of race, color, creed, religion, ancestry, national origin, sex, affectional preference, disability, age, marital status, or status with regard to public assistance. 2.Advise the Orange County Board of Commissioners with respect to matters relating to human relations and/or social justice issues. 3.Cooperate with and seek to advise and coordinate the activities of persons or groups interested in human relations and/or social justice issues. 4. Conductinquiries andhear appeals as may reasonably appear necessary to find the facts with respect to allegations of discrimination. 14 5.Gather and disseminate information to governmental agencies and to the public regarding human relations and/or social justice issues. B.Objectives 1.The Human Relations Commission shall by means of education, persuasion, conciliation and enforcement and utilize all of the powers at its disposal to achieve its goals. 2.Keep abreast of national, state, and local human rights and social justice issues and advise, makerecommendations and/or provide information to the Board of County Commissioners regarding human relations and/or social justice issues. 3.Develop and maintain collaborative relationships/partnerships within the various communities (faith, business, residents, government, for-profit and non-profit sectors, etc.). 4.Received allegations of discriminatory housing and public accommodation practices 5.Host public meetings/events regarding human rights and/or social justice issues. 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. B.Composition 1.The Human Relations Commission is composed of twenty-three (23) members. 2. Members shall represent the following geographic area: at least two members from Chapel Hill, Carrboro and Hillsborough. SECTION IV.MEETINGS A.Staffing 1.Orange County staff may serve a support function to advisory boards upon the approval of the Orange County Manager. B.Agendas 1.Items for agendas shall be approved by theHuman Relations Commission Executive Committee members including the ChairVice-Chair, Immediate Past Chairand staff. C.Subcommittee Meeting 1.Subcommittees may meet on a dateand time outside of regular meeting dates. D.Regular meetings 1. Regular meetings shall be held on the second Monday of each month at 6:30 p.m. in the Animal Services Building in Chapel Hill. E.Executive Committee Meetings 1.The Executive Committee may meet by teleconference. F. Closed Session 1.The Commission whether meeting in full or as a subcommittee may meet in closed session for the purpose of preventing the premature disclosure of any 15 scholarship, prize or similar award as provided in N.C. Gen. Stat. §143- 318.11(2). SECTION V. ORIENTATION A.Attendance 1.Each member shall attend an orientation and training on the Orange County Civil Rights Ordinance presented by the Housing, Human Rights and Community Development department to familiarize the Commission members with the operation of County government, the Housing, Human Rights and Community Development organizational chartdepartment rules, the Orange County Civil Rights Ordinance and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within three months weeks of his or her appointment and to attend training on the Civil Rights Ordinance yearlyas provided. SECTION VI. BY-LAWS A.By-Laws 1.Any Bylaws adopted by the Human Relations Commissionare void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2.Should the Human Relations Commission determine modifications to policies and procedures are necessary the Human Relations Commission may petition the Board of County Commissioners for such modifications. 16 NURSINGHOME ADVISORY COMMITTEE POLICIES AND PROCEDURES SECTION I:SCOPE A.Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the NursingHome Advisory Committee(“Committee”). B.Authority 1. North Carolina General Statute § 131E-128(b)(1)provides for the establishment ofthe Nursing Home Advisory Committee. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Nursing Home Advisory Committee, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as “Exhibit A”. 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C.Charge 1. The charge of Committee shall be to carry out the purpose of the Nursing Home Advisory Committee,provided in N.C. Gen. Stat. §§131E-128, serving all the homes in the County and working with each home in the best interest of the persons residing in each home. SECTION II:GOALS AND DUTIES A.Goals 1. The Committeeshallmaintain the intent of the NursingHome Resident’s Bill of Rights within the nursinghomes, including nursing homes operated by hospitals licensed under Chapter 131 E, Article 5 of the North Carolina General Statutes, in Orange County. 2. The Committee shall promote community involvement and cooperation with nursinghomes and an integration of these homes into a system of care for the elderly in Orange County. B.Duties 1. The Committee shall apprise itself of the general conditions under which the persons are residing in nursinghomeswithin Orange County, and shall work for the best interests of the persons in those homes. This may include assisting persons who have grievances with the nursing home and facilitating the resolution of grievances at the local level. 2. The Committee shall visit quarterly the nursing home it serves. For each official quarterly visit, a majority of the committee members shall be present. In addition, each committee may visit the nursing home it serves whenever it deems it necessary to carry out its duties. If there are four or more nursing homesin the County,a subcommittee may beassigned to a nursing home to perform the duties of the Committee; a majority of the subcommittee members must be present for any visit. 17 3.Each member of the Committee shall have the right between 10:00 A.M. and 8:00 P.M. to enter into the facility the Committee serves in order to carry out the members' responsibilities. Ifsubcommittees have been established, this right of access shall be limited to homes served by those subcommittees to which the member has been appointed. 4.The Committee or subcommittee may communicate through its chair with the Department of Health and Human Services or any other agency in relation to the interest of any patient. The identity of any complainant or resident involved in a complaint shall not be disclosed except as permitted under the Older Americans Act of 1965, as amended, 42 U.S.C. § 3001 et seq. 5.Each home shall cooperate with the committee as it carries out its duties. 6.Before entering into any nursing home, the Committee, subcommittee, or member shall identify itself to the person present at the facility who is in charge of the facility at that time. SECTION III:MEMBERSHIP A.Authority 1. North Carolina General Statute § 131E-128(b)(3)grants the Board of County Commissioners the authority to appointment members of the Committee. B.Composition 1. The Committee shall be composed ofthe following: a. If the County has one, two, or three nursinghomes, the Committee shall have five members; or b. If the County has four or more nursinghomes, the Committee shall have one additional member for each nursinghome in excess of three, and may have up to five additional members at the discretion of the Board of County Commissioners. i. If the County has four or more Nursinghomes, the Committee shall establish a subcommittee of no morethan five members and no fewer than three members from the Committee for each Nursinghome in the county. ii. Each member must serve on at least one subcommittee; or 2. Of the total number of members, a minority (not less than one-third, but as close to one-third as possible) mustbe chosen from among persons nominated by a majority of the chief administrators of nursinghomes in the Countyand of the governing bodies of the hospitals licensed under Chapter 131E, Article 5 of the North Carolina General Statutes, which operate nursing homes. If the nursing home administrators and governing bodies of the hospitals licensed under Chapter 131E, Article 5 of the North Carolina General Statutes, which operate nursing homes fail to make a nomination within 45 days after written notification has been sent to them by the Board of County Commissioners requesting a nomination, these appointments may be made by the Board of County Commissioners without nominations. 3. Each member must be a resident of Orange County. 4. No person or immediate family member of a person with a financial interest in a home served by the Committee, or employee or governing board member or an immediate family member of an employee or governing board member of a home served by the Committee,or immediate family member of a patientin a home served by the Committee may be a member of the Committee. 5. Members of the Committee shall serve without compensation, but may be reimbursed for actual expenses incurred by them in the performance of their duties. 18 6. The names of the Committee members and the date of expiration of their terms shall be filed with the Division of Agingat the Department of Health and Human Services. 7. Ex- Officio Members. Any County Commissioner serving on the Committee shall serve as an ex officio member. 8. Officers. The Committee shall elect from its members a chair, to serve an one-year term. C.Terms of Office 1. Each committee member shall serve an initial term of one year. Any person reappointed to a second or subsequent term shall servea three-year term. 2. Persons who were originally nominees of nursing home chief administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes, or who were appointed by the board of county commissioners when the nursing home administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes failed to make nominations, may not be reappointed without the consent of a majority of the nursing home chief administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes within the county. 3. If the nursing home chief administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes fail to approve or reject the reappointment within 45 days of being requested by the board of county commissioners, the commissioners may reappoint the member if they so choose. D.Vacancy 1. Any vacancy shall be filled by appointment of a person for an one-year term. 2. Any person replacing a member nominated by the chief administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes or a person appointed when the chief administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes failed to make a nomination shall be selected from among persons nominated by the administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes. 3. If the Board of County Commissioners fail to appoint members to a committee, or fail to fill a vacancy, the appointment may be made or vacancy filled by the Secretary of the North Carolina Department of Health and Human Services or the Secretary's designee no sooner than 45 days after the Board of County Commissioners has been notified of the appointment or vacancy if nomination or approval of the nursing home administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes is not required. If nominations or approval of the nursing home administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes is required, the appointment may be made or vacancy filled by the Secretary or the Secretary's designee no sooner than 45 days after thecommissioners have received the nomination or approval, or no sooner than 45 days after the 45-day period for action by the nursing home administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes. SECTION IV.MEETINGS A.Staffing 19 1. Orange County staff may serve a support function to advisory boards upon the approval of the Orange County Manager. B.Agendas 1. Items for agendas shall be approved by theCommitteeChair and staff. C.Meetings 1. The Committee shall meet at 5:30 p.m. the first Monday of every other month at the Seymour Center. D.Reports 1. Any written communication made by a member of Nursing Home Advisory Committeewithin the course and scope of the member's duties, as specified in G.S. 131E-128, shall be privilegedto the extent provided within that subsection. This privilege shall be a defense in a cause of action for libel if the member was acting in good faith and the statements orcommunications do not amount to intentional wrongdoing. SECTION V. ORIENTATION A.Attendance 1. Each member shall attend an orientation presented by the Department on Aging to familiarize the advisory board members with the operation of County government, the Department on Agingrules, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within two monthsof his or her appointment. B.Training. 1. The Division of Aging, Department of Health and Human Services, shall develop training materials, which shall be distributed to each committee memberand nursing home. Each committee member must receive training as specified by the Division of Aging prior to exercising any powers as provided in these Policies and Procedures.The Division of Aging, Department of Health and Human Services shall provide the Committee with information, guidelines, training, and consultation to direct the Committee in the performance of its duties. SECTION VI. INSURANCE A.Liability 1. To the extent that the Nursing Home Advisory Committeeor any member thereof is covered by liability insurance, the Committee or member shall be deemed to have waived the qualified immunity herein to the extent of indemnification by insurance. SECTION VII.BY-LAWS A.By-Laws 1. Any Bylaws adopted by the Nursing Home Advisory Committeeare void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Nursing Home Advisory Committeedetermine modifications to policies and procedures are necessary the Nursing Home Advisory Committee may petition the Board of County Commissioners for such modifications. 3. Should the General Assembly amend sections of the North Carolina General Statutes Chapter 131E, Article VI,Part 2pertaining to the NursingHome Advisory Committee such amendments shall be incorporated into these Nursing 20 Home Advisory Committee Policies and Procedures with no additional action of the Board of County Commissioners. 21 PARKS AND RECREATION COUNCILPOLICIES AND PROCEDURES SECTION I:SCOPE A.Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Parks and Recreation Council. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to1) consult with and advise the Board of Commissioners and staff in matters affecting recreation and parks policies; 2) recommend recreation programs,advise on parkland acquisition needs and/or the donation or personal or real property, and provide recommendations on the construction, operation and maintenance of parks and recreation centers; and 3) conduct studiesand prepare reports as needed on the provision of parks and recreation programs in the county. B.Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. Chapter 26of the Orange County Code of Ordinances. 3. The Orange County Advisory Board Policy serves as the underlying policy document to which the Parks and Recreation Council, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as “Exhibit A”. 4. In the event that there is a conflict between Chapter 26of the Orange County Code of Ordinances, the Orange County Advisory Board Policy,and this Policies and Procedures document, this Policies priority shall be as follows; Chapter 26of theOrange County Code of Ordinances, this Policies and Procedures document, the Orange County Advisory Board Policy. C.Charge 1. The charge of the Parks and Recreation Council is as follows: The Council shall serve as the advisory board for provision of parks facilities and recreation programs. It shall suggest policies, within its powers and responsibilities as stated in Article 26 of the Code of Ordinances.The Council shall consult with and advise the Board of Commissioners and staffin matters affecting recreation policies and programs, advise on the acquisition of parkland and lands for recreation programs, and advise on long-range planning for recreation and parks, including the development of plans, studies and reports. SECTION II:GOALS AND OBJECTIVES A.Goals 1. The Parks and Recreation Councilshall work to: i.Establish and ensure the existence of a system of supervised recreation programs for the county; ii.Advise on the provision of parks, playgrounds, recreation centers, water recreational areas or other recreation structures and areas; 22 iii.Advise on the acquisition of lands for parklandand recreation structures, including the offer of grants, gifts and other donation or real of personal property offered to the County for parks and recreation; and iv.Advise in theconstruction, equipping, operation and maintenance of parks, playgrounds, recreation centers, and other buildings owned by the county for recreational use. B.Objectives The Parks and Recreation Councilshallundertake the following objectives toward these goals: 1. Oversee and participate in the creation of plans, reports and studies on parks and recreation matters in the county – including the Parks and Recreation Element of the Orange County Comprehensive Plan; the Comprehensive Master Parks and Recreation Plan; and individual park master plan and concept plan documents and maps. 2. Develop recommendations for implementation of recreation programs, and regularly monitor and receive annual reports on the status of existing recreation programs. 3. Develop recommendations on the provision and operation of parks and trails, and regularly monitor and receive annual reports on the status of existing parks and trails operation and maintenance – as well as plans for operation of planned and programmed future parks and trails. 4. Develop recommendations for the County’s Lands Legacy Program and Lands Legacy Action Plans for acquisition priorities for future parks and trails needs. 5. Develop recommendations, as needed, for the potential dedication of land or the payment-in-lieu ofdedication for parks through the land subdivision process. 6. Solicit public opinion and feedback on parks facilities and recreation programs through a periodic community needs assessment mechanism. 7. Work with and provide a liaison to the Intergovernmental Parks Work Group, and like advisory boards in the municipalities of the county, as needed. 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. 2. Parks andRecreation Councilmembership and authority is also granted by N.C. General Statutes Chapter 153A, and Chapter 26of the Orange County Code of Ordinances. B.Composition 1. See Chapter 26, Orange County Code of Ordinances. SECTION IV. MEETINGS A.Staffing 1. Orange County staff from the Department of Environment, Agriculture, Parks and Recreation shall serve as staffsupport to the Parks and Recreation Council, contingent upon the approval of the Orange County Manager. 23 B.Agendas 1. Items for agendas shall be approved by theParks and Recreation Council Chair and staff. 2. Regular meetings of the Councilshall be held on the firstWednesday of each month at a time and location established by the Council.The Councilmay also choose to meet bi-monthly by cancelling regular meetings in selected months, as part of the annual adoption of the meeting schedule. When the regular meeting day falls on a holiday, the Councilmay call a special meeting. 3. Special meetings may be called by the Chair or by written request by two membersof the Council, submitted to the Councilor the Chair. Written or oral notice of meetings shall be given to all members at least 48 hours prior to the meeting and shall state the time, place and purpose of the meeting. 4. Records: TheCouncil shall keep ameeting summary of the proceedings showing the vote of each member upon each question, or if absent of failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Department of Environment, Agriculture, Parks and Recreation and shall be a public record. 5. Cancellation: The Councilmay cancel meetings when there is no business for the Council, or lack of a quorum is determined, by notice from the Chair or staff provided at least 24 hours prior to the scheduled meeting. SECTION V. ORIENTATION A.Attendance 1. Each member shall attend an orientation presented by the Department of Environment, Agriculture, Parks and Recreationand/or the officers of the Council to familiarize the advisory board members with the operation of County government, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within eight weeks of his or her appointment and participate in at least onesite tour or visit (as deemed practical) SECTION VI. BY-LAWS A.By-Laws 1. Any Bylaws adopted by the Parks and Recreation Council are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document – as well as the Councilrules and procedures found in theCode of Ordinances, Chapter 26. 2. Should the Parks and Recreation Council determine modifications to policies and procedures are necessary, the Councilmay petition the Board of County Commissioners for such modifications, to be made to this document and the Code of Ordinances, as applicable. Appendix 1 – Text of Chapter26 24 PERSONNEL HEARINGBOARD POLICIES AND PROCEDURES SECTION I:SCOPE A.Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Personnel HearingBoard. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to conduct hearings concerning employee grievances involving demotions, suspensions, and dismissals. B.Authority 1. North Carolina General Statute 153A-95grants boards of county commissioners the authority to establish Personnel Boards. 2. Orange County Code of Ordinances §§ 28-87 and 28-88 establishes the Personnel Hearing Boardand the procedures governing the Hearings. 3. The Orange County Advisory Board Policy serves as the underlying policy document to which the PersonnelHearingBoard, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as “Exhibit A”. 4. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C.Charge 1. The charge of the Personnel Hearingboard is as follows: Personnel Hearing Board will conduct hearings onOrange County employeeappeals involving demotions, suspensions, and dismissalsand forward its recommendations to the Manager, who will make afinal determination. 2. Sheriff and Register of Deeds Employees. The Personnel Hearing Board may hear appealsfrom employees in the Offices of the Sheriff and Register of Deeds with the approval of the Sheriff and the Register of Deeds. In these cases the Personnel Hearing Board recommendation on employee appeals will be forwarded to the Sheriff and Register of Deeds.The Sheriff and Register of Deeds will make final determinations in their respective departments. 3. Health and Social Services Department Employees.The Personnel Hearing Board will not hear grievances or appeals of Health or Social Services Department employees. SECTION II:GOALS AND OBJECTIVES A.Goals 1. The Personnel Hearing Board shallhear, review and make recommendations on employee appealsinvolving demotions, suspensions, and dismissals. B.Objectives 1. The Personnel HearingBoard will review Third Step appeals from Orange County employees involving demotions, suspension, and dismissals on employee appealsand forward its recommendations to the County Manager. SECTION III:MEMBERSHIP 25 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. 2. The Orange County Code of Ordinances; Chapter 28 Personnel, Article VIII, Section 28-88 establishes themembership of thePersonnel HearingBoard. . B.Composition 1. The Personnel HearingBoard is composed of three (3) members. 2. Members shall include at least one member of the Personnel Board will have had experience in public or private sector management or personnel administration. SECTION IV.MEETINGS A.Staffing 1. Orange County staff may serve a support function to advisory boards upon the approval of the Orange County Manager. 2. The Clerk to the Board of Commissioners will serve ex officio as secretary to the Personnel Board and will be responsible for maintaining records of Personnel Board proceedings, determinations, and recommendations. B.Agendas 1. Items for agendas shall be approved by thePersonnel HearingBoard Chair and staff. C.Hearings 1. The Board shall meet on an asneeded basis. SECTION V. ORIENTATION A.Attendance 1. Each member shall attend an orientation presented by the Human Resources department to familiarize the advisory board members with the operation of County government, the Human Resourcesdepartment rules, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within four weeks of his or her appointment. SECTION VI. BY-LAWS A.By-Laws 1. Any Bylaws adopted by the Personnel Hearingboard are void and no further bylawsshall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Personnel Hearingboard determine modifications to policies and procedures are necessary the Personnel Hearing boardmay petition the Board of County Commissioners for such modifications.