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17 <br />(2) When an official or legislative action affects or would affect the covered <br />person's compensation and allowances as a covered person. <br />(3) Before the legislator participated in the official or legislative action, the <br />legislator submitted the question, in writing, to the County Board of Commissioners or <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, made <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 or 7 of this Article or under this Section, the <br />covered person may be counted for purposes of a quorum, but shall otherwise abstain <br />from taking any 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 off ce, <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 member 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 Commissioners) 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 member. 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 employment. <br />(c) The County Board of Commissioners may seek to enjoin violations of Article <br />3, Section 4. <br />17 <br />