HomeMy WebLinkAboutAgenda - 02-14-2000 - 8cORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 14.2000
Action Agenda
Item No. $- G
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 Boazd discussion a copy of the Ethics Guidelines for Town Advisory Boazds
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 boazds and commissions.
The Boazd 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 Boazd asked that the resolution not be implemented until they discuss
adding to this resolution some information on ethics. On December 7, the Boazd of County
Commissioners approved the implementation of the procedures for Boazds and Commissions, but far 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 14, 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."
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EFFECTIVE APRIL B, 1992
AMENDED MARCH 15,1894
AMENDED AUGUST 8,1884
AMENDED: NOVEMBER 9,1899
AMENDED: NOVEMBER 22, 1999
RESOLUTION
ORANGE COUNTY
APPOINTMENT AND ORIENTATION
PROCESS FOR
BOARDS AND COMMISSIONS
WHEREAS, it is the statutory duty of the Orange County Board of Commissioners, as the
governing body of Orange County, to appoint persons to various boards and commissions
assist in the operation of county government; and
WHEREAS, the Board of Commissioners wants to appoint qualified, knowledgeable, and
dependable people to serve on these boards and commissions and therefore solicits the
interest and input of the citizens of Orange County in making said appointments; and
WHEREAS, the Board of Commissioners is of the opinion that written policies and
procedures will increase public awareness of the various appointments that are to be made
from time to time.
WHEREAS, the Board of Commissioners desires to increase the public's interest in the
solicitation of information and recommendations that will assist the Board in the appointmE
of qualified, knowledgeable, and dependable citizens to serve on the various boards and
commissions;
NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that
policies and procedures governing appointments to the various boards and commissions
follows:
1. Any citizen of Orange County is eligible to serve on the, appointed boards or
commissions of the County where such appointment is not prohibited by State statute. All
appointments will be made according to the applicable statute, ordinance, resolution or po
that created the board or commission. Discretion will be used when considering County
employees for membership on any of the boards or commissions.
2. The County Commissioners may recruit through public advertising, membersh
committees of boards and commissions, talent bank, Volurrteer Orange, Internet, speaker'
bureau and County information line. While the Board of Commissioners may request and/o
receive recommendations from county boards and commissions or other sources, the Boa
of Commissioners will make the final decision based on all factors related to the
representative needs of the specific boards.
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z 3. Appointments for joint planning area and extratemtorial residents as member;
3 and alternate members to city boards shall be done in accordance with the General Statue:
4 (G.S. 160A-362) and, ~ Cha,.pter 234 of the 1987 session laws, G.S, 160A-360.1 which requii
5 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 will
~ requested to provide to the Board of County Commissioners a resolution with a
e recommendation for that vacancy. The Board of County Commissioners may solicit other
9 applications for said vacancy if they so desire. IF the Board of County Commissioners doe:
io not make the appointment within 90 days after receiving a recommendation from the City
1i Council requesting such action, the City Council may appoint outside members in accorda~
12 with G.S. 160A-362.
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14 4. Appointments will be made at a regular meeting of the Board of Commissioner
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
~~ Commissioners for their consideration, a lint of all those who have applied and are eligible
is appointment will be included in the agenda. ff someone is recommended for appointment,
i9 abstract will indicate that a recommendation has been received, giving the source. The
2 o recommendation will be kept on file in the Clerk's office. The attendance records, inCludin~
z i late arrivals, for all members seeking reappointment will be included with the
zz recommendation.
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z4 5. No citizen of Orange County shall serve in more than two appointed positions
a 5 Orange County Government unless exempted by the nature of the position he or she may h
z ~ in governmental service. This policy shall not apply to individuals who serve on boards or
z~ commissions because of their ofFcial position. It also does not apply to volunteers serving
2 s because of a requirement that a particular type of professional individual be represented H
z ~ recruitment efforts have failed to locate other qualified persons. This policy shall not apply
3o 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 spec
32 charge and a short duration for its work. This policy shall not apply to any Orange County
33 Commissioner who serves on any board as an appointee or a liaison to a board because
34 he/she is a County Commissioner.
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36 6. For boards/commissions which are not state mandated, the Board's policy is t
37 limit the length of service to two-three year terms (or any combination Of full tenrs totaling
3s years) on the various boards and commissions. This time period does not include state
s9 mandated training programs or partial terms. If the unexpired tens is Qreater than two
4 o may be considered a full teen. This will allow for more individuals to serve and for diversit
41 of opinions. It will also provide for conformity in the length and number of terms for those
4z boards and commissions that are not state mandated with set tenyns. The Board will limit tt
43 length of service according to this policy for boards and commissions that are State
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mandated, to the extent permitted under state law. This policy may be waived if the Board c
Commissioners determines that the removal of an individual made ineligible by this policy
would be detrimental to the functioning of that board or commission.
s 7. If an appointee, in any calendar year, has absences which constitute more that
6 25 percent of the regularly. scheduled Board meetings or three consecutive meetings,
~ whichever comes first, which he or she is required to attend, he or she is obligated to resig:
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
io Commissioners subject to state or local law. A leave of absence may be granted for
ix extraordinary circumstances, such as illness or personal circumstances. This request mus
12 be made to the Board of County Commissioners. A calendar year is to be defined as a 1 Z-
ia month period beginning on the date of appointment. - . -
14 The Clerk to the Board shall request all new appointees to certify that they understand the
is attendance policy.
i6 .8. The rate of pay, if any, to members for serving on boards and commissions sh
17 be established by the Board of Commissioners in accordance with the General Statutes.
ss Records for pay purposes shall be submitted by the appropriate department to the finance
19 Officer for monthly disbursement.
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2i 9. Attendance at a Volunteer Orientation Program will be required, of all new
zz 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 ~
z4 be invited, The purpose of this training is to supplement rather than replace any specific
2s training needed for a person to serve on a particular board or commission. The following
26 boards or commissions shall receive specific trainin in their area of resaonsibility:
a~
za Orange Coun Plannin Board
z9 Or„_, ange Coun Board of Adjustment
3o Board of Health
31 Board of Social Services
32 Human Relations Commission
33 BoardofE8~R
34 Other Boards, as the Board of Commissions shall determine
3s
36 10.. Individuals who go off of a board or commission will receive a commemorative gift C
37 appreciation along with a letter from the Board of Commissioners thanking them for their
3s service. A person must serve at least one year to be recognized in this way. Each board ar
39 commission is encouraged to recognize its members, as it deems appropriate.
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41 11. The Board of Commissioners reserves the right, at any time and for any reaso
4z to remove any member of any board or commission when a motion for removal receives th
43 vote of a majority of the entire membership of the Board of Commissioners.
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z THIS POLICY shall become effective April 6, 1992, and may be amended from time to time.
3 appointments tv boards and commissions by the Board of Commissioners shall follow the
4 provisions of this policy.
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TOWN OF CHAPEL HILL Fax 919-~~-8406 Nov 23 1999 1129 P. 02
ETHICS GUIDELINES FOR TOWw A,pVI$ORY BOARDS AIYD COMMiSS1OiYS
(please check if you agree.)
Yes, if appointed, I pledge to comply with the following ethics guidelines for advisory boards and
commissions as adopted by the Chapel Hill Town Council. (dthei 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 pub11C business. A COn~1iCt Of interest 0! a potential CDn#liCt occurs if a member 1183 a SCparatC, private,
or monetary interest, either direct or indirect, in any issue or transaction under consideration. Any member who
violates this provision maybe subject to removal from the board ar Commission.
If the advisory board or cotttmission member believes he/she ha3 a conflict of interest then that member should ask
the advisory board ar commission to be recused from voting. ?he advisory board or cvrrnnissioq 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 tho ?own Attorney oa questions regarding tht:
interpretation of these ethics guidelines or other conflict Df interest matters. ~ 'I~1e interpretation may include a
recommendation on whether or nat the advisory board ar commission member slwuld excuse himself/hecself from
voting. The advisory board' or commission member may request the ?own Attvmey respond in writing.
Please provide a brief statement outlirlixtg why you wish to serve or1 the Advisory Boards, Commissions, or
Committees you have indicated.
Applicant's Signatwre Regt»red Date
Please rettlrrl form to:
Tovun Clerk's Office, 306 N. Columbia Street, Chapel Hill. NC 27S 16
or FAX 919-967-8446
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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.
• Members of advisory boards and commissions shall not discuss, advocate, or vote on any
matter in which they have a conflict or potential 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 director 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 an advisory board or commission member believes he/she has a conflict or potential conflict
of interest on a particular issue, then that member should state this belief to the other
members of his/her respective advisory board or commission during the board or
commission's public meeting. The member should state the nature of the conflict, detailing
that he/she has a separate, private, or monetary interest, either direct or indirect, in the issue
or transaction under consideration. The member should then excuse himself/herself from
considering and voting on the matter. In cases where an advisory board or commission
member declares a conflict or potential wnflict of interest, the member shall excuse
himself/herself from the board table/voting area until all discussion, consideration, and voting
is completed on the matter in question.
• Any advisory board or commission member having questions or needing assistance regarding
the interpretation of these ethics guidelines or other conflict of interest matters should contact
the administrative staff for the respective board or commission. Staff will assist the member
with questions and interpretations and may provide a recommendation on whether or not the
advisory board or commission member should excuse himself/herself from voting. The
member may request that the staff respond in writing. Staff may contact the County Manager
for any additional assistance.
Applicant's Signature
Date