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l5 <br />the County Board of Health, whichever is applicable and the applicable Board did not <br />excuse the legislator from voting. <br />(4) Before participating in an official action, a public servant made full written <br />disclosure to the County Manager who then, with the advise of the County attorney,lnade <br />a written determination that the interest or benefit would neither impair the public <br />servant's independence of judgment nor influence the public servant's participation in the <br />official action. The County Manager shall file a copy of that written determination with <br />the Clerk to the County Board of Commissioners. <br />(5) When action is ministerial only and does not require the exercise of discretion. <br />(6) When a public or legislative body records in its minutes that it cannot obtain a <br />quorum in order to take the official or legislative action because. the covered person is <br />disqualified from acting under Section 6, Section 7 or this section, the covered person <br />may be counted for purposes of a quorum, but shall otherwise abstain from taking any <br />further action. <br />Section 9. Employment and supervision of members of covered person's extended <br />family. <br />A covered person shall not cause the employment, appointment, promotion, transfer, <br />or advancement of an extended family member of the covered person to a County office; <br />or a position to which the covered person supervises or manages, except for county <br />employee positions as permitted by the Orange County Personnel Ordinance. A public <br />servant shall not supervise; manage, or participate in an action relating to the discipline of <br />a lmeinber of the public servant's extended family, except as specifically authorized by the <br />County's Personnel Ordinance. <br />Article 4. <br />Violation Consequences. <br />Section 1. Violation Consequences. <br />(a) The willful failure of any public servant serving on a board (other than the <br />County Board of Commmissioners) to comply with this Policy is misfeasance, <br />malfeasance, or nonfeasance. To the extent permitted by North Carolina law, in the event <br />of misfeasance, malfeasance, or nonfeasance, the offending public servant serving on a <br />board is subject to removal by the County Board of Commissioners from the board of <br />which the public servant is a ineinber. Nothing in this Policy authorizes a public servant <br />to participate in an official action which participation is otherwise prohibited by law. <br />(b) The willful failure of any public servant serving as a County employee to <br />comply with this Policy is a violation of a written work order, thereby permitting, to the <br />extent permitted by North Carolina law, disciplinary .action as allowed by North Carolina <br />law and the County Personnel Ordinance, including termination from elnployinent. <br />(c) The County Board of Colninissioners inay seek to enjoin violations of Article <br />3, Section 4. <br />(d) The failure of a member of the County Board of Commissioners to comply <br />with the disclosure requirements of Title VII, Chapter 460 of the 1987 Session Laws, <br />subjects the failing Board ineinber to the penalties prescribed in Title VII, including <br />forfeiture of the office of County Commissioner as prescribed in Title VII. <br />14 <br />