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HomeMy WebLinkAboutAgenda - 01-18-2000 - 9i.y r r, ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 18 1999 Action Agenda Item No. _ 4qr; SUBJECT: Procedures for Boards and Commissions - Ethics Guidelines DEPARTMENT: County Commissioners PUBLIC HEARING: (Y/N) No X ATTACHMENT(S): Yes - Resolution as amended and approved Ethics Guidelines as used by Chapel Hill Ethics Guidelines for Orange County INFORMATION CONTACT: Beverly A. Blythe, ext 2130 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE:. To present for Board discussion a copy of the Ethics Guidelines for Town Advisory Boards and Commissions as used by the Town of Chapel Hill. BACKGROUND: On November 22, 1999 the County Commissioners amended and approved the resolution which outlines the process for appointments to the County's various boards and commissions. The Board discussed adding some information on ethics and requested that staff obtain a copy of the ethics guidelines used by the Town of Chapel Hill. This was faxed to the County Commissioners on November 23 for their review. The Board asked that the resolution not be implemented until they discuss adding to this resolution some information on ethics. On December 7, the Board of County Commissioners approved the implementation of the procedures for Boards and Commissions, but for lack of time did not discuss adding the ethics guidelines to the resolution or the application. FINANCIAL IMPACT: NONE RECOMMENDATON(S): Direct the Clerk to add a third page to the "Volunteer Application" entitled "Ethics Guidelines for County Advisory Boards and Commissions" effective February 1, 2000 and to add an item 12 to the "Resolution Orange County Appointment and Orientation Process for Boards and Commissions" as follows: ? The members of County advisory boards and commissions shall agree to follow the ethics guidelines adopted by the Board of Commissioners. 2 2 EFFECTIVE APRIL 6, 1992- 3 AMENDED MARCH 15, 1994 4 AMENDED AUGUST 8, 1994 5 AMENDED: NOVEMBER 3, 1999 6 AMENDED: NOVEMBER 22, 1999 7 RESOLUTION 8 ORANGE COUNTY 9 APPOINTMENT AND ORIENTATION 10 PROCESS FOR 11 BOARDS AND COMMISSIONS 12 13 WHEREAS, it is the statutory duty of the Orange County Board of Commissioners, as the 14 governing body of Orange County, to appoint persons to various boards and commission! 15 assist in the operation of county government; and 16 17 WHEREAS, the Board of Commissioners wants to appoint qualified, knowledgeable, and 18 dependable people to serve on these boards and commissions and therefore solicits the 19 interest and input of the citizens of Orange County in making said appointments; and 20 21 WHEREAS, the Board of Commissioners is of the opinion that written policies and 22 procedures will increase public awareness of the various appointments that are to be mad 23 from time to time. 24 25 WHEREAS, the Board of Commissioners desires to increase the public's interest in the 26 solicitation of information and recommendations that will assist the Board in the appointn 27 of qualified, knowledgeable, and dependable citizens to serve on the various boards and 28 commissions; 29 3o NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners tha, 31 policies and procedures governing appointments to the various boards and commissions 32 follows: 33 34 1. Any citizen of Orange County is eligible to serve on the appointed boards or 35 commissions of the County where such appointment is not prohibited by State statute. Al 36 appointments will be made according to the applicable statute, ordinance, resolution or p, 37 that created the board or commission. Discretion will be used when considering County 38 employees for membership on any of the boards or commissions. 39 40 2. The County Commissioners may recruit through public advertising, members 41 committees of boards and commissions, talent bank, Volunteer Orange, Internet, speake 42 bureau and County information line. While the Board of Commissioners may request andh 43 receive recommendations from county boards and commissions or other sources, the Bo; 44 of Commissioners will make the final decision based on all factors related to the 45 representative needs of the specific boards. C:\windowa\temp\RE50LUT3.00C a 2 3. Appointments for joint planning area and extraterritorial residents as membc 3 and alternate members to city boards shall be done in accordance with the General Statu 4 (G.S. 160A-362) and, by Ch_ after 234 of the 1987 session laws, G.S. 160A-360.1 which regi s city to give representation to the residents of its extraterritorial zoning jurisdiction on its 6 Planning Board and the Board of Adjustment. When a vacancy exists, the municipality w 7 requested to provide to the Board of County Commissioners a resolution with a 8 recommendation for that vacancy. The Board of County Commissioners may solicit othe 9 applications for said vacancy if they so desire. If the Board of County Commissioners do lo not make the appointment within 90 days after receiving a recommendation from the City 11 Council requesting such action, the City Council may appoint outside members in accord 12 with G.S. 160A-362. 13 14 4. Appointments will be made at a regular meeting of the Board of Commission 15 The regular expiration of terms for positions on boards and commissions will be March, 16 June, September and December. When the appointments are presented to the County 17 Commissioners for their consideration, a list of all those who have applied and are eligibl 18 appointment will be included in the agenda. If someone Is recommended for appointmen 19 abstract will indicate that a recommendation has been received, giving the source. The 20 recommendation will be kept on file in the Clerk's office. The attendance records, includi 21 late arrivals, for all members seeking reappointment will be included with the 22 recommendation. 23 24 5. No citizen of Orange County shall serve in more than two appointed position 25 Orange County Government unless exempted by the nature of the position he or she may 26 in governmental service. This policy shall not apply to individuals who serve on boards c 27 commissions because of their official position. It also does not apply to volunteers servii 28 because of a requirement that a particular type of professional individual be represented 29 recruitment efforts have failed to locate other qualified persons. This policy shall not app 30 citizen service on one short-term task force (making a total of three appointments) if the 31 duration of service is less than one year. A "Task Force" is defined as a group with a spe 32 charge and a short duration for its work. This policy shall not apply to any Orange Count 33 Commissioner who serves on any board as an appointee or a liaison to a board because 34 he/she is a County Commissioner. 35 36 6. For boards/commissions which are not state mandated, the Board's policy is 37 limit the length of service to two-three year terns (or any combination of full terms totalin 38 years) on the various boards and commissions. This time period does not include state 39 mandated training programs or partial terms. if the unexpired term is greater than two yeq 40 may be considered a full term. This will allow for more individuals to serve and for divers 41 of opinions. It will also provide for conformity in the length and number of terms for those 42 boards and commissions that are not state mandated with set terms. The Board will limit 1 43 length of service according to this policy for boards and commissions that are State C:\windowa\temp\A680wT3.DDC 4 1 mandated, to the.•extent permitted under state law. This policy may be waived if the Board 2 Commissioners determines that the removal of an individual made ineligible by this policy 3 would be detrimental to the functioning of that board or commission. 4 5 7. If an appointee, in any calendar year, has absences which constitute more thi 6 25 percent of the regularly scheduled Board meetings or three consecutive meetings, 7 whichever comes first, which he or she is required to attend, he or she is obligated to resi s The Board of Commissioners may consider extenuating circumstances. If the individual 9 refuses to resign, he or she may be dismissed by action of the Board of County 1o Commissioners subject to state or local law. A leave of absence may be granted for 11 extraordinary circumstances, such as illness or personal circumstances. This request ML 12 be made to the Board of County Commissioners. A calendar year is to be defined as a 12. 13 month period beginning on the date of appointment. 14 The Clerk to the Board shall request all new appointees to certify that they understand th, 15 attendance policy. 16 8. The rate of pay, if any, to members for serving on boards and commissions s 17 be established by the Board of Commissioners in accordance with the General Statutes. 1s Records for pay purposes shall be submitted by the appropriate department to the finance 19 Officer for monthly disbursement. 20 21 9. Attendance at a Volunteer Orientation Program will be required of all new 22 appointees to the boards and commissions. This does not include those boards and 23 commissions, task forces or committees of short duration although if space permits, they 24 be invited. The purpose of this training is to supplement rather than replace any specific 25 training needed for a person to serve on a particular board or commission. The followin 26 boards or commissions shall receive specific training in their area of responsibility: 27 28 Oran a Coun Planning Board 29 Orange Coun Board of Adjustment 30 Board of Health 31 Board of Social Services 32 Human. Relations Commission 33 Board of E & R 34 Other Boards, as the Board of Commissions shall determine 35 36 10. Individuals who go off of a board or commission will receive a commemorative gift 37 appreciation along with a letter from the Board of Commissioners thanking them for their 38 service. A person must serve at least one year to be recognized in this way. Each board 39 commission is encouraged to recognize its members, as it deems appropriate. 40 41 11. The Board of Commissioners reserves the right, at any time and for any reas 42 to remove any member of any board or commission when a motion for removal receives t 43 vote of a majority of the entire membership of the Board of Commissioners. C:\windcwa\temp\AB50LUT3.00G 2 THIS POLICY shall become effective April 6, 1992, and may be amended from time to time 3 appointments to boards and commissions by the Board of Commissioners shall follow 1 4 provisions of this policy. C:\windows\temp\RG30LUT3.D0C TOWN OF CHAPEL HILL Fax :919-967-8406 Nov 23 1999 1129 P.02 ETHics GUIDELINES FOR TOWN ADVISORY BOARDS AND COMMISSIONS (Please check if you agree.) Yes, if appointed, 1 pledge to comply with the following ethics guidelines for advisory boards and commissions as adopted by the Chapel Hill Town Council. (Other Council committees and OWASA are excluded.) Members of advisory boards and commissions shall not discuss, advocate, or vote on any matter in which they have a conflict of interest or an interest which reasonably might appear to be in conflict with the concept of fairness in dealing with public business. A conflict of interest or a potential conflict occurs if a member has a separate, private, or monetary interest, either direct or indirect, in any issue or transacdon under consideration. Any member who violates this provision may be subject to removal from the board or commission. If the advisory board or commission member believes he/she has a conflict of interest then that member should ask the advisory board or commission to be recused from voting. The advisory board or commission should then vote on the question on whether or not to excuse the member making the request. In cases where the individual member or the advisory board or commission establishes a conflict of interest, then the advisory board or commission member shall remove themselves from the voting area. Any advisory board or commission member may seek the counsel of the Town Attorney on questions regarding the interpretation of these ethics guidelines or other conflict of interest matters. The interpretation may include a recommendation on whether or not the advisory board or commission member should excuse himselflherself from voting. The advisory board* or commission member may request the Town Attorney respond in writing. Please provide a brief statement outlining why you wish to serve on the Advisory Boards, Commissions, or Committees you have indicated- Applicant's Signature Required Date Please return form to: Town Clerk's Office, 306 N. Columbia Street, Chapel Hill, NC 27516 or FAX 919-967-8406 .' ETHICS GUIDELINES FOR COUNTY ADVISORY BOARDS AND COMMISSIONS I agree by my signature below that, if appointed, I pledge to comply with the following ethics guidelines for advisory boards and commissions as adopted by the Orange County Board of Commissioners. d• Members of advisory boards and commissions shall not discuss, advocate, or vote on any matter in which they have a conflict of interest or an interest which reasonably might appear to be in conflict with the concept of fairness in dealing with public business. A conflict of interest or a potential conflict occurs if a member has a separate, private, or monetary interest, either direct or indirect, in any issue or transaction under consideration. Any member who violates this provision may be subject to removal from the board or commission. ? If the advisory board or commission member believes he/she has a conflict of interest then that member should ask the advisory board or commission to be excused from voting. The advisory board or commission should vote on the question on whether or not to excuse the member making the request In cases where the individual member or the advisory board or commission establishes a conflict of interest, then the advisory board or commission member shall remove themselves from the voting area. ? Any advisory board or commission member may seek the counsel of the County Attorney on questions regarding the interpretation of these ethics guidelines or other conflict of interest matters. The interpretation may include a recommendation on whether or not the adviosry board or commission member shall excuse himself/herself from voting. The advisory board or commission member may request that the County Attorney respond in writing. Applicants Signature Date