Ethics and Conduct for County Public Servant

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16 Notwithstanding Sections 6 and 7 of this Article, a covered person may participate in an official action or legislative action under any of the following circumstances except as specifically limited: (1) The only interest or reasonably foreseeable benefit that accrues to the covered person, the covered person's extended family, or business with which the covered person is associated as a member of a profession, occupation, or general class is no greater than that which could reasonably be foreseen to accrue to all members of that profession, occupation, or general class. (2) When an official or legislative action affects or would affect the covered person's compensation and allowances as a covered person. (3) Before the legislator participated in the official or legislative action, the legislator submitted the question, in writing, to the County Board of Commissioners or the County Board of Health, whichever is applicable and the applicable Board did not excuse the legislator from voting. (4) Before participating in an official action, a public servant made full written disclosure to the County Manager who then, with the advise of the County attorney, made a written determination that the interest or benefit would neither impair the public servant's independence of judgment nor influence the public servant's participation in the official action. The County Manager shall file a copy of that written determination with the Clerk to the County Board of Commissioners. (5) When action is ministerial only and does not require the exercise of discretion. (6) When a public or legislative body records in its minutes that it cannot obtain a quorum in order to take the official or legislative action because the covered person is disqualified from acting under Section 6 or 7 of this Article or under this Section, the covered person may be counted for purposes of a quorum, but shall otherwise abstain from taking any further action. Section 9. Employment and supervision of members of covered person's extended family. A covered person shall not cause the employment, appointment, promotion, transfer, or advancement of an extended family member of the covered person to a County office, or a position to which the covered person supervises or manages, except for county employee positions as permitted by the Orange County Personnel Ordinance. A public servant shall not supervise, manage, or participate in an action relating to the discipline of a member of the public servant's extended family, except as specifically authorized by the County's Personnel Ordinance. Article 4. Violation Consequences. Section 1. Violation Consequences. (a) The willful failure of any public servant serving on a board (other than the County Board of Commissioners) to comply with this Policy is misfeasance, malfeasance, or nonfeasance. To the extent permitted by North Carolina law, in the event of misfeasance, malfeasance, or nonfeasance, the offending public servant serving on a board is subject to removal by the County Board of Commissioners from the board of