Agenda - 12-12-2006-5j - Laserfiche WebLink

Browse Search

16 Proceedings include quasi judicial proceedings, other permitting and proceedings and legislative proceedings. A personal relationship includes one in a leadership or policy-making position in a business, organization, or group. (d) If a public servant is uncertain whether the relationship described in subsection (c) of this Section justifies removing the public servant from the proceeding under subsection (c) of this Section, the public servant shall disclose the relationship to the person presiding over the proceeding and seek appropriate guidance. The presiding officer, in consultation with legal counsel if necessary, shall then determine the extent to which the public servant will be permitted to participate. If the affected public servant is the person presiding, then the vice-chair or any other substitute presiding officer shall make the determination. Agood-faith determination under this subsection of the allowable degree of participation by a public servant is presumptively valid. Section 7. Legislator participation in legislative action. (a) Except as permitted under Section S of this Article, no legislator shall knowingly participate in a legislative action or for which the legislator is excusable as provided in G.S. § 153A-44; or (2) if the legislator, a member of the legislator's extended family, the legislator's client, or a business with which the legislator is associated, has an economic interest in, or may reasonably and foreseeably benefit from the action, and if after considering whether the legislator's judgment would be substantially influenced by the interest and considering the need for the legislator's particular contribution, including special knowledge of the subject matter to the effective functioning of the County Board of Commissioners, or the County Board of Health, whichever is applicable, the legislator concludes that an actual economic interest does exist which would impair the legislator's independence of judgment. A potential benefit includes a detriment to a business competitor of (i) the legislator, (ii) a member of the legislator's extended family, or (iii) a business with which the legislator is associated. The legislator shall submit in writing to the County Board of Commissioners or the County Board of Health, whichever is applicable the reasons for the need to not participate in the legislative matter to enable the applicable Board to vote on excusing the legislator from voting. (b) If the legislator has a material doubt as to whether the legislator should act, the legislator must submit the question, in writing, to the County Board of Commissioners or to the County Board of Health, whichever is applicable for a determination by the applicable Board. Section 8. Permitted participation exception. Notwithstanding Sections 6 and 7 of this Article, a covered person may participate in an official action or legislative action under any of the following circumstances except as specifically limited: (1) The only interest or reasonably foreseeable benefit that accrues to the covered person, the covered person's extended family, or business with which the covered person is associated as a member of a profession, occupation, or general class is no greater than that which could reasonably be foreseen to accrue to all members of that profession, occupation, or general class. 16