Agenda - 11-14-2006-5m - Laserfiche WebLink

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ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 14, 2006 Action Agenda Item No. .5-~'Y~ - SUBJECT: Ethics and Conduct for County Public Servant Policy DEPARTMENT: County Attorney PUBLIC HEARING: (Y/l~ No . ATTACHMENT(S): 1. Draft Policy 2. Title VII, Chapter 460, 1987 Session Laws 3. G.S. § 153A-44 4. March 13, 2006 letter to the Board of County Commissioners from County Attorney 5. Excerpt of March 15, 2006 BOCC meeting INFORMATION CONTACT: Geof Gledhill, 919-732-2196 PURPOSE: To consider an Orange County policy establishing ethics and conduct for County public servants. BACKGROUND: The Board has considered from time to time the adoption of a policy regarding ethics and conduct. During the Board's March 1 S, 2006 meeting, the Board received -and discussed information provided by the County Attorney. The Board directed the County Attorney to continue researching codes of ethics and conduct and to report back to the Board with a policy for its consideration. The County Attorney has done so. Also, since March 2006, the North Carolina General Assembly has concluded a multi-year project looking at State government ethics and has adopted Session Law 2006-201, The State Government Ethics Act. The conclusion reached by the County Attorney is that the work done by the General Assembly in its work with State government ethics, with significant abridgement, provides the most comprehensive and well-thought-out substance for a County policy. The policy for consideration by the Board of County Commissioners that is attached is modeled from the State Government Ethics Act (The Act). Significantly, it differs from the Act in not including (1) an Ethics Commission, a new State agency under the Act charged with policing the Act and (2) a comprehensive enforcement mechanism. Orange County is limited in its ability to adopt laws permitting the policing and investigation of ethics issues and the enforcement of an ethics policy. The policy's instruction on conduct is also limited by other North Carolina laws. Where this is so the policy identifies those limiting laws. FINANCIAL IMPACT: There is no financial impact associated with consideration and adoption of the policy. It is not possible to determine the cost to the County, in time or materials, for implementation of the policy. RECOZ\~IlVIENDATION(S): The County Attorney recommends that the Board discuss the policy. The policy maybe adopted as written or as amended by the Board.