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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: May 6, 2010 <br />Action Agenda <br />Item No. ~ ' h <br />SUBJECT: Adoption of a Code of Ethics for the County Commissioners and Consideration <br />of Recommending the North Carolina General Assembly Amend or Repeal <br />Portions of Session Law 1987-460 __ <br />DEPARTMENT: County Attorney PUBLIC HEARING: (YlN) No <br />ATTACHMENT(S): <br />(A) Recommended Code of Ethics <br />(B) Session Law 1987-460 <br />(C) Ethics Requirements <br />(D) Disclosure Form <br />INFORMATION CONTACT: <br />John Roberts, 245-2318 <br />PURPOSE: To provide the Board of County Commissioners with a recommended Code of <br />Ethics to guide the Commissioners in the performance of their duties and to consider <br />recommending the General Assembly amend or repeal portions of Session Law 1987-460. <br />BACKGROUND: In the 2009 Long Session of the North Carolina General Assembly, North <br />Carolina General Statute §160A-86 was passed by both houses of the General Assembly and <br />signed into law by Governor Perdue. This statute requires that local governing boards adopt a <br />code of ethics. Prior to this action by the General Assembly, the Board of County <br />Commissioners had discussed and attempted to develop its own code of ethics. Former <br />County Attorney Geof Gledhill spent considerable time drafting a model code but ultimately it <br />was not adopted. <br />Subsequent to the passage of General Statute §160A-86, the. School of Government at the <br />University of North Carolina at Chapel Hill began work on a model code of ethics for the benefit <br />of local governments across the state. The current County Attorney has made revisions to that <br />model and presents for adoption a recommended Code of Ethics. <br />This Code of Ethics can, if the Commissioners so choose, replace. an outdated and poorly <br />worded disclosure law, Session Law 1987-460. The disclosure law imposes up to a $1,000 fine <br />and one year imprisonment on any commissioner who fails to disclose a business or property <br />interest even if the lack of disclosure is unintentional. In the attorney's opinion this punishment <br />is unduly harsh and inherently unfair. <br />FINANCIAL IMPACT: There is no financial impact associated with consideration of this. item. <br />