HomeMy WebLinkAboutAgenda - 12-07-1999 - 9hORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. 9 - h
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 7, 1999
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SUBJECT: PROCEDURES FOR BOARDS AND COIVMSSIONS - ETHICS GUIDELINES
DEPARTMENT: County Commissioners PUBLIC HEARING: (Y/N)
BUDGET AMENDMENT: (Y/N) .;
ATTACHMENT(S):
YES - Resolution (amendments made
11/22/99 underlined)
Ethics Guidelines as used by Chapel Hill
Proposed Guidelines for Orange County
INFORMATION CONTACT:
Beverly A. Blythe
TELEPHONE NUMBERS: - - ext. 2130
Hillsborough 732 -8181
Chapel Hill 968 -4501
Durham 688 -7331
Mebane 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.
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 January 1,
2000 and to add an item 12 to the "Resolution Orange County Appointment and Orientation Process
for Boards and Commissions" as follows:
12. 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 6,1992
AMENDED MARCH 16, 1994
AMENDED AUGUST 8, 1994
AMENDED: NOVEMBER 3,1999
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 to
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 appointment
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 the
policies and procedures governing appointments to the various boards and commissions as
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 policy
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, membership
committees of boards and commissions, talent bank, Volunteer Orange, Internet, speaker's
bureau and County information line. While the Board of Commissioners may request and /or
receive recommendations from county boards and commissions or other sources, the Board
of Commissioners will make the final decision based on all factors related to the
representative needs of the specific boards.
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2 3. Appointments for joint planning area and extraterritorial residents as members
3 and alternate members to city boards shall be done in accordance with the General Statues
4 (G.S. 160A -362) and. !2y Chapter 234 of the 1987 session laws. G.S. 160A -360.1 which require a
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 be
7 requested to provide to the Board of County Commissioners a resolution with a
s 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 does
10 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 accordance
12 with G.S. 160A -362.
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14 4. Appointments will be made at a regular meeting of the Board of Commissioners.
15 The regular expiration of terns 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 eligible for
18 appointment will be included in the agenda. If someone is recommended for appointment, the
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, including
21 late arrivals, for all members seeking reappointment will be included with the
22 recommendation.
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24 5. No citizen of Orange County shall serve in more than two appointed positions of
25 Orange County Government unless exempted by the nature of the position he or she may hold
26 in governmental service. This policy shall not apply to individuals who serve on boards or
27 commissions because of their official position. It also does not apply to volunteers serving
28 because of a requirement that a particular type of professional individual be represented if
29 recruitment efforts have failed to locate other qualified persons. This policy shall not apply to
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 specific
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 to
37 limit the length of service to two -three year terms (or any combination of full terms totaling six
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 greate r than two years it
40 may be considered a full term. This will allow for more individuals to serve and for diversity
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 the
43 length of service according to this policy for boards and commissions that are State
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1 mandated, to the extent permitted under state law. This policy may be waived if the Board of
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.
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5 7. If an appointee, in any calendar year, has absences which constitute more than
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 resign.
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
10 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 must
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 the
15 attendance policy.
16 8. The rate of pay, if any, to members for serving on boards and commissions shall
17 be established by the Board of Commissioners in accordance with the General Statutes.
18 Records for pay purposes shall be submitted by the appropriate department to the finance
19 Officer for monthly disbursement.
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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 will
24 be invited. The purpose of this training is to supplement rather than replace any specific
25 training needed for person to serve on a particular board or commission. The following
26 boards or commissions shall receivespecific training in their area of responsibility:
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28 Orange Coun Planning Board
29 Orange County 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
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36 10. Individuals who go off of a board or commission will receive a commemorative gift of
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 and
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 reason,
42 to remove any member of any board or commission when a motion for removal receives the
43 vote of a majority of the entire membership of the Board of Commissioners.
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2 THIS POLICY shall become effective April 6, 1992, and may be amended from time to time. All
3 appointments to 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 -%7 -8406 Nov 23 1999 11:29 P.02 6
ETHiCs GUIDELINES FOR TOWN ADVISORY BOARDS AND COMMISSIONS
(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. (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 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 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 himself/herself 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 fort to:
Town Clerk's Office, 306 N. Columbia Street, Chapel Hill, NC 27516
or FAX 919 - 967 -8406
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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 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.
Applicant's Signature Date