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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: May 6, 2010 <br /> Action Agenda <br /> Item No. � - h <br /> SUBJECT: Adoption of a Code of Ethics for the County Commissioners and Consideration <br /> of Recommending the North Carolina General Assembly Amend or Repeal <br /> Portions of Session Law 1987-460 <br /> DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> (A) Recommended Code of Ethics <br /> (B) Session Law 1987-460 John Roberts, 245-2318 <br /> (C) Ethics Requirements ' <br /> (D) Disclosure Form <br /> PURPOSE: To provide the Board of County Commissioners with a recommended Code of <br /> Ethics to guide the Commissioners in the perFormance of their duties and to consider <br /> recommending the General Assembly amend or repeal portions of Session Law 1987-460. <br /> BACKGROUND: In the 2009 Long Session of the North Carolina General Assembly, North <br /> Carolina General Statute §160A-86 was passed by both houses of the General Assembly and <br /> signed into law by Governor Perdue. This statute requires that local governing boards adopt a <br /> code of ethics. Prior to this action by the General Assembly, the Board of County <br /> Commissioners had discussed and attempted to develop its own code of ethics. Former <br /> County Attorney Geof Gledhill spent considerable time drafting a model code but ultimately it <br /> was not adopted. <br /> Subsequent to the passage of General Statute §160A-86, the School of Government at the <br /> University of North Carolina at Chapel Hill began work on a model code of ethics for the benefit <br /> of local governments across the state. The current County Attorney has made revisions to that <br /> model and presents for adoption a recommended Code of Ethics. <br /> This Code of Ethics can, if the Commissioners so choose, replace an outdated and poorly <br /> worded disclosure law, Session Law 1987-460. The disclosure law imposes up to a $1,000 fine <br /> and one year imprisonment on any commissioner who fails to disclose a business or property <br /> interest even if the lack of disclosure is unintentional. In the attorney's opinion this punishment <br /> is unduly harsh and inherently unfair. <br /> FINANCIAL IMPACT: There is no financial impact associated with consideration of this item. <br />