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P-0430 - Orange County Ethics and Conduct for County Public Servant Policy 12-04-2006-9c
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P-0430 - Orange County Ethics and Conduct for County Public Servant Policy 12-04-2006-9c
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1/15/2009 4:19:12 PM
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1/15/2009 4:19:08 PM
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BOCC
Date
12/4/2006
Meeting Type
Regular Meeting
Agenda Item
9c
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14 <br />A public servant shall not solicit or receive personal financial gain, other than that <br />• received by the public servant from the County, or with the approval of the County, for <br />acting in the public servant's official capacity, or for advice or assistance given in the <br />course of carrying out the public servant's duties. <br />Section 4. Use of information for private gain. <br />A public servant shall not use or disclose nonpublic information gained in the course <br />of, or by reason of, the public servant's official responsibilities in a way that would affect <br />a personal financial interest of the public servant, a member of the public servant's <br />extended family, or a person with whom or business with which the public servant is <br />associated. A public servant shall not improperly use or improperly disclose any <br />confidential information. <br />Section 5. Other rules of conduct. <br />(a) A public servant shall make a due and diligent effort before taking any action, <br />including voting or participating in discussions with other public servants on a board on <br />which the public servant also serves, to determine whether the public servant has a <br />conflict of interest. If the public servant is unable to determine whether or not a conflict <br />of interest may exist, the public servant has a duty to inquire of the County attorney as to <br />that conflict. <br />(b) A public servant shall continually monitor, evaluate, and manage the public <br />servant's personal, financial, and professional affairs to ensure the absence of conflicts of <br />interest. <br />(c) A public servant shall obey all other civil laws, administrative requirements, <br />and criminal statutes governing conduct of County government applicable to appointees <br />and employees. <br />Section 6. Public servant participation in official action. <br />(a) Except as permitted by subsection (d) of this Section and under Section 8 of <br />. this Article, and with respect to the Count}- Beard of Commissioners. consistent. with <br />G.S. § I>3A-44. no public servant acting in that capacity, authorized to perform an <br />official action requiring the exercise of discretion, shall knowingly participate in an <br />official action by the County if the public servant, a member of the public servant's <br />extended family, or a business with which the public servant is associated, has an <br />economic interest in, or a reasonably foreseeable benefit from, the matter under <br />consideration, which would impair the public servant's independence of judgment or <br />from which it could reasonably be inferred that the interest or benefit would influence the <br />public servant's participation in the official action. A potential benefit includes a <br />detriment to a business competitor of (i) the public servant, (ii) a member of the public <br />servant's extended family, or (iii) a business with which the public servant is associated. <br />(b) A public servant described in subsection (a) of this Section shall abstain from <br />taking any verbal or written action in furtherance of the official action. The public servant <br />shall submit in writing to the County the reasons for the abstention. When the action <br />relates to the responsibilities of a board, the abstention shall be recorded in the board's <br />minutes. <br />• <br />
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