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Agenda 05-24-22; 8-a - Minutes
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Agenda 05-24-22; 8-a - Minutes
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5/19/2022 3:18:02 PM
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BOCC
Date
5/24/2022
Meeting Type
Business
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Agenda
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8-a
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Agenda for May 24, 2022 BOCC Meeting
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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 05-24-2022 Business Meeting
Minutes 05-24-2022 Business Meeting
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\Board of County Commissioners\Minutes - Approved\2020's\2022
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12 <br /> 1 behind. She said that North Carolina has adopted a statewide policy called Safety Organized <br /> 2 Practice and this should create consistency among all one hundred counties. She said this will <br /> 3 require an increase in staff workload to help with transitions and increases to help with staff <br /> 4 recruitment. She said they need help recruiting and retaining qualified staff. She said it is <br /> 5 concerning that DSS lost staff to neighboring counties and other county departments due to <br /> 6 higher wages. She thanked the Board for assistance to the community. <br /> 7 Commissioner McKee praised both the Boards of Health and Social Services. He said <br /> 8 these boards put you as close to the needs of Orange County as any board and encouraged <br /> 9 other commissioners to serve on the boards. <br /> 10 Commissioner Hamilton thanked the Board of Social Services for their work. She asked <br /> 11 if there is a breakout of the number of older adults versus children or families that receive <br /> 12 Medicaid. <br /> 13 Lindsey Shewmaker said she would get that information to the commissioners. She said <br /> 14 their number for total Medicaid enrollment for April was 21,000. She said the number is typically <br /> 15 higher for children. <br /> 16 Commissioner Hamilton thanked Lindsey Shewmaker for the information. <br /> 17 Lindsey Shewmaker said the criteria to qualify is so limited for older adults that the <br /> 18 greater population tends to be among children. <br /> 19 Chair Price said they had a huge budget to manage and thanked them for their work. <br /> 20 <br /> 21 <br /> 22 <br /> 23 2. Discussion on Board Members Voting on County Funding for, or Contracts with, a <br /> 24 Non-Profit While Serving on a Non-Profit's Governing Board <br /> 25 The Board discussed and considered options for addressing a new state law regarding BOCC <br /> 26 members voting on County funding for, or contracts with, a non-profit while serving on a non- <br /> 27 profit's governing board. <br /> 28 <br /> 29 BACKGROUND: The state adopted a new law last year prohibiting elected public officials from <br /> 30 participating "in making or administering a contract, including the award of money in the form of <br /> 31 a grant, loan, or other appropriation, with any nonprofit with which that public official is <br /> 32 associated." The law describes the covered officials as those who serve on nonprofit boards or <br /> 33 entities that are "organized or operating in the State primarily for religious, charitable, scientific, <br /> 34 literary, public health and safety, or educational purposes and of which the public official is a <br /> 35 director, officer, or governing board member." It further requires covered officials to recuse <br /> 36 themselves from votes on funding for or contracts with these nonprofits. Since outside agencies <br /> 37 are funded by County grants through contracts with those agencies, the determination of how <br /> 38 much funding to give to individual outside agencies is most likely covered by this prohibitive <br /> 39 language. Violation of this law is a Class 1 misdemeanor. The prohibition does not extend to <br /> 40 nonprofits or other entities that are created by the state or a local government. <br /> 41 <br /> 42 This is a prohibition on individuals engaging in activity while serving as elected officials rather <br /> 43 than a prohibition on the BOCC itself, and ultimately it will be up to covered commissioners to <br /> 44 determine for themselves whether they may be in violation of the statute. As noted above, the <br /> 45 statute requires covered commissioners to recuse themselves from voting on these matters <br /> 46 presumably because each individual commissioner is in the best position to know on what <br /> 47 outside boards that Board member sits. <br /> 48 <br /> 49 Although there may be other ways to address this issue, four options in order of the ease with <br /> 50 which they may be implemented include: <br /> 51 <br />
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