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

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.~ - . j a~ Orange County Board of Commissioners Page 2 March 13, 2006 require this financial disclosure. The document prepared by Ms. Holmes summarizing the survey is Attachment B. The County has the authority to require financial disclosure by Orange County employees ,that report to the County Manager. The employees required to disclose can be required to disclose those matters that are .likely to create conflicts between their County work and their other financial interests, existing and potential. To implement a decision to require this disclosure would require amendment to the County Personnel Ordinance. A disclosure requirement could become a condition .of employment as to covered employees hired thereafter. However, as to existing covered employees, an ordinance disclosure requirement may not be enforceable as a condition of continued employment. The County Personnel Ordinance could not require the Health Director, the Director of Social Services, the Register of Deeds or the Sheriff to disclose property or business ownership. Requiring financial disclosure of these public officials would require an act.. of the General Assembly, comparable to the act (Attachment A) applicable to the members of the Board of Commissioners. Even without legislation as to these County officials, the Board of Commissioners could adopt a policy which encourages financial disclosure by them. Related to but distinct from financial disclosure is the topic of conflicts of interest. Rules regarding conflicts of interest are expressed in legal prohibitions and in codes of ethics. Interestingly, sometimes the law and ethical considerations may be perceived to be inconsistent. For example, a member of the Board of Commissioners may be concerned about voting on a Board policy or program that impacts, positively or negatively, on an organization or a cause headed by or publicly supported by a Board member's family member. Notwithstanding the ethical question posed, a County Commissioner is required to vote on the policy question. This is so because N.C. Ge.n. Stat. ~ 153A-44 only permits the Board to excuse a member from voting upon questions involving the member's own financial interest, official conduct or other prohibitions spelled out by statute. A copy of N.C. Gen. Stat. ~ 153A-44 is Attachment C.