Minutes 05-06-2010 - Laserfiche WebLink

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Chair Foushee said that she would hope that in the communication to CHCCS that the County would ask CHCCS to inform the Community School for People Under Six as soon as possible so that they will know what to do in regards to relocating sooner than planned. A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to approve the 2010 Schools Adequate Public Facilities Ordinance Technical Advisory Committee Report and certify the specified portions of the Report. VOTE: UNANIMOUS b. Adoption of a Code of Ethics for the County Commissioners and Consideration of Recommendinq the North Carolina General Assembly Amend or Repeal Portions of Session Law 1987-460 The Board considered a recommended Code of Ethics to guide the Commissioners in the performance of their duties and considered recommending the General Assembly amend or repeal portions of Session Law 1987-460. John Roberts said that the purpose of this is to accommodate a 2009 law that was passed by the General Assembly that requires all local elected boards to adopt a code of ethics. There are five required parts, and he listed these: 1) The need to obey all applicable laws regarding official actions taken as a Board member; 2) The need to uphold the integrity and independence of the Board member's office; 3) The need to avoid impropriety in the exercise of the Board member's official duties; 4) The need to faithfully perform the duties of the office; 5) The need to conduct the affairs of the governing Board in an open and public manner, including complying with all laws governing open meetings and public records. He said that the draft he presented was done based on the School of Government's model. He said that there are a lot of things that are not required but there are other things he added that are specific to Orange County. He also put in a replacement for a 1987 local bill that would require the Board members to disclose property interests in Orange County. The purpose is to prevent any individual Board member for possibly voting in favor of some action that would benefit that Board member. This also applies to business interests. He made reference to a newspaper article a few weeks ago regarding this proposal and he said that the bill would be replaced by this code of ethics. He said that the newspaper article was not factual. He said that section 6 is optional and is about censure. Commissioner Pelissier asked about page 5, Section 1 b, where it says, "Board members should endeavor to keep themselves up to date through the Board's Attorney and other sources." She asked about "other sources." John Roberts said that each Commissioner has to complete two clock hours of ethics education annually within 12 months of appointment or election to office. This ethics education would be another source. The School of Government also publishes guidelines for local government officials. He would recommend two hours annually for each Board member and not just in the first year. Commissioner Gordon said that she asked the attorney some questions earlier regarding Section 3, item c and she read, "Board members shall, at the annual organizational meeting of the board immediately after assuming office, file with the Clerk to the Board of County Commissioners a written statement describing any legal, equitable, beneficial, or contractual interest he or she or his or her spouse has in any business, firm or corporation, of whatever nature." She said that this is not in the model legislation, but it tracks what was in the ordinance, except that it leaves off language about, "doing business with Orange County