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Agenda - 12-12-2006-5j
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Agenda - 12-12-2006-5j
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9/1/2008 9:27:05 PM
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8/29/2008 9:56:35 AM
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BOCC
Date
12/12/2006
Document Type
Agenda
Agenda Item
5j
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Minutes - 20061212
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\Board of County Commissioners\Minutes - Approved\2000's\2006
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15 <br />extended family, or a person with whom or business with which the public servant is <br />associated. A public. servant shall not improperly use or improperly disclose any <br />confidential information. <br />Section 5. ®ther 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 may 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 government applicable to appointees . <br />and employees. <br />Section 6. Publac servant participation in official action. <br />(a) Except as permitted by subsection (d) of this Section and under Section 8 of. <br />this Article, and, with respect to the County Board of Commissioners, consistent with <br />G.S. § 153A-44, no public servant acting in that capacity, authorized to perform an <br />official .action requiring the exercise of discretion, shall knowingly participate in an <br />official action by the County if the public servant, a member of the public servant's <br />extended family, or a business with which the public servant is associated, has an <br />economic interest in, or a reasonably foreseeable benefit from, the matter under <br />consideration, which would impair the public servant's independence of judgment or <br />from which it could reasonably be inferred that the interest or benefit would influence the <br />public servant's participation in the official action. A potential benefit includes a <br />detriment to a business competitor of (i) the public servant, (ii) a member of the public <br />servant's extended family, or (iii) a business with which 'the 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 some specific, unique, and substantial interest in the proceeding. <br />15 <br />
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