Orange County NC Website
l3 <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 inay 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 govermnent 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, no <br />public servant acting in that capacity, authorized to perform an official action requiring <br />the exercise of discretion, shall knowingly participate in an official action by the County <br />if the public servant, a lneinber of the public servant's extended family, or a business with <br />which the public servant is associated, has an economic interest in, or a reasonably <br />foreseeable benefit from, the matter under consideration, which would impair the public <br />servant's independence of judgment or from which it could reasonably be inferred that the <br />interest or benefit would influence the public servant's participation in the official action. <br />A potential benefit includes a detriment to a business competitor of (i) the public servant, <br />(ii) a ineinber of the public servant's extended family, or (iii) a business with which the <br />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 />(c) A public servant shall take appropriate steps, under the particular <br />circumstances and considering the type of proceeding involved, to remove himself or <br />herself to the extent necessary, to protect the public interest and comply with this Policy, <br />from any proceeding in which the public servant's impartiality might reasonably be <br />questioned due to the public servant's familial, personal, or financial relationship with a <br />participant in the proceeding. A participant includes (i) an owner,, shareholder, partner, <br />member or manager of a limited liability company, employee, agent, officer, or director <br />of a business, organization, or group involved in the proceeding, or (ii) an organization or <br />group that has solve specific, unique, and substantial interest in the proceeding. <br />Proceedings include .quasi judicial proceedings, other permitting and proceedings and <br />legislative proceedings. A personal relationship includes one in a leadership or <br />policy-inalcing position in a business, organization, or group. <br />12 <br />