CODE OF ETHICS FOR STOKES COUNTY
COMMISSIONERS
A POLICY OF THE BOARD OF COUNTY
COMMISSIONERS OF STOKES COUNTY, NORTH CAROLINA, TO BE KNOWN AS THE STOKES
COUNTY CODE OF ETHICS; PROVIDING FOR TITLE; PROVIDING FOR INTENT AND PURPOSE;
PROVIDING FOR ACKNOWLEDGMENT; PROVIDING FOR INTERPRETATION AND ADVISORY
OPINIONS; PROVIDING FOR DEFINITIONS; PROVIDING FOR CONFLICTS OF INTEREST AND
DISCLOSURE; PROVIDING FOR ACCEPTANCE AND REPORTING OF GIFTS; PROVIDING FOR
REPRESENTATION OF CLIENTS AFTER LEAVING OFFICE; PROVIDING FOR VOTING CONFLICTS;
PROVIDING FOR PROHIBITION OF CAMPAIGN CONTRIBUTIONS BY CONTRACTORS; PROVIDING
FOR AVAILABILITY OF DOCUMENTS TO THE PUBLIC; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR TREATMENT OF CITIZENS, EMPLOYEES, DEPARTMENT HEADS, COUNTY
MANAGER AND ELECTED OFFICIALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the adherence to the highest standards of ethics protects
the integrity of County government and fosters public
confidence in the actions of County
Commissioners; and
WHEREAS, in the public interest, North
Carolina Statutes - prohibits conflicts of interest and establishes
standards for the
ethical
conduct of elected officials in situations where conflicts may exist; and
WHEREAS, elected Public Officers should not be denied the
opportunity available to all other citizens to pursue private
economic
interests, except when such pursuits conflict with the responsibility of these
officials to the public interest; and
WHEREAS, the Board of County Commissioners finds and declares that
the enactment of a local Code of Ethics for County
Commissioners,
which is supplemental to other applicable North Carolina statutes and rules, is
in the best interests of the
citizens of Stokes County, and will help
ensure that elected Public Officers abide by the highest ethical standards;
NOW,
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF STOKES
COUNTY, NORTH CAROLINA, THAT:
Section 1.
Title.
1.01 This Policy shall be known as
the Stokes County Code of Ethics.
Section 2.
Intent and Purpose.
2.01 The proper operation of
County government requires that County Commissioners be independent and
impartial; that County policy and decisions be made through established
processes; that a County Commissioner not use public office to obtain private
benefits; that a County Commissioner avoid actions which create the appearance
of using public office to obtain a benefit; and that the public have confidence
in the integrity of its County government and County Commissioners.
2.02 This Stokes County Code of
Ethics is supplemental to applicable provisions of the Constitution of North
Carolina and North Carolina Statutes, which the Board of County Commissioners
hereby adopts and incorporates by reference.
Section 3.
Acknowledgment.
3.01 All County Commissioners,
upon taking their oath of office to their current term, shall submit a signed
statement to the County Attorney acknowledging that they have received and read
the Stokes County Code of Ethics, that they understand it, and that they are
bound by it.
December 2, 2002 December 6, 2004
December 2, 2002
12-02-2002 - 12-06-2004
December 2, 2002
December 2, 2002
Section 4.
Interpretation, Advisory Opinions.
4.01 When in doubt as to the
applicability and interpretation of the Stokes County Code of Ethics, any
County Commissioner may request an advisory opinion from the County Attorney’s office.
The County Attorney’s Office shall keep a file, open to the public, of all
written opinions issued and submit a copy of each opinion rendered to every
County Commissioner.
4.02 Any County Commissioner may
request a review by the Board of County Commissioners of any advisory opinion.
A majority vote of the Board of County Commissioners shall be the final
determination of said opinion.
Section 5.
Definitions.
5.01 Unless expressly provided
herein to the contrary, for purposes of this Stokes County Code of Ethics, the
following definitions shall apply:
a.
A Conflict* or A Conflict of Interest* shall mean a
situation in which regard for a private interest outweighs a public duty or
interest.
b.
A County Commissioner* shall mean any member of the
Board of County Commissioners of Stokes County, North Carolina.
c.
To Participate* shall mean any attempt to influence a
decision by oral, written or other communication, whether made by a person subject to this Stokes County Code of
Ethics or at his or her direction.
d.
A Person* shall mean individuals, firms, association,
joint ventures, partnerships, estates, trusts, business trusts, syndicate,
fiduciaries, corporations (profit or not-for-profit), professional corporations
or associations, and all other groups or combinations however constituted.
e.
A Relative* shall mean an individual who is related to the
subject County Commissioner as father, mother, son, daughter, brother, sister,
uncle or aunt, or anyone who is engaged to be married to the subject County
Commissioner.
Section 6.
Conflicts of Interest.
6.01 Prohibition of Doing Business
with the County.
a.
No County Commissioner acting in his or her official
capacity may, either directly or indirectly, purchase, rent or lease any
realty, goods or services for the County, from any person in which the County
Commissioner, or his or her relative, is an officer, partner, director or
proprietor, or in which he or she or any relative (or any combination of them)
has a material interest. For purposes of this Section, ownership of five (5) or
more percent of the total assets of a business entity shall constitute a
material interest.
b.
No County Commissioner acting in a private capacity may
rent, lease or sell any realty, goods or services to the County.
6.02 Prohibition - Conflicting
Employment or Contractual Relationship. No County Commissioner shall have or
hold any employment or contractual relationship with any person if the
approval, concurrence, decision, recommendation or advice of the County
Commissioner in his or her official capacity may be sought, obtained or
required on any county matter involving such person. Any County Commissioner finding themselves in such an Employment
or Contractual Relationship at the present time must make a declaration of said
Employment or Contractual Relationship and abstain from participation in any
deliberations or decisions regarding or relating to said Employer or
Contractual Relation.
Section 7.
Acceptance and Reporting of Gifts.
7.01 A County Commissioner, or
individual elected to that office, shall not, directly or indirectly, solicit,
accept or agree to accept for himself or herself, or for a relative, anything
of value which can be reasonably inferred as intended or expected to be
intended to influence the performance of an official act. For the purposes of
this sub-section, Any thing of value* shall mean things not intended for
educational and informational purposes that are valued at over $5.
Section 8.
Voting Conflicts.
8.01 A County Commissioner is
prohibited from voting or participating in his or her official position on any
matter if he or she knows or should know that doing so would inure, either
directly or indirectly, to:
a.
His or her special private gain; or
b.
The special private gain of any person by whom he or she is
retained for compensation; or
c.
The special private gain of any of his or her relatives.
For the purposes of this
sub-section, A special private gain* shall mean economic benefit of any kind
that inures to the person, as opposed to a class of similarly situated persons.
8.02 County Commissioners
prohibited from voting or participating on any matter pursuant to sub-section
8.01 above, shall:
a.
Publicly state to the assembly the nature of their interest
in the matter in which they are prohibited from voting and participating; and
b.
Request permission from the board to abstain from voting;
and
c.
Disclose in writing the nature of their interest in the
matter from which they are prohibited from voting and participating. Such
written disclosure shall be submitted within seven (7) days after the vote
occurs in a memorandum to the Clerk of the Board, who shall incorporate the
memorandum in the minutes.
Section 9.
Representation of Clients After Leaving Office
9.01 A County Commissioner is
prohibited for two (2) years after leaving office from representing for
compensation any person before any entity of the Stokes County government,
including county staff or consultants.
Section 10.
Prohibition of Campaign Contributions by Contractors.
10.01 A County Commissioner, or
candidate for County Commissioner, shall not solicit or accept political
campaign contributions from any person who is an officer, partner, director or
proprietor of, or has a material interest in, a business entity which has a
contract, or is in negotiations to contract, or has had a contract in the
previous 24 months with Stokes County in excess of $5,000 per year either for
personal services or for the furnishing of material, supplies, services, or
equipment to Stokes County, or for selling land or a building to Stokes County,
or for any franchise agreements with Stokes County. For purposes of this
Section, ownership of five (5) or more percent of the total assets of a
business entity shall constitute a material interest.
Section 11.
Availability of Documents to the Public
11.01 The County Attorney shall
ensure that copies of public documents relevant to the conduct in office by
County Commissioners are available in print form at the office of the Clerk of
Court and at all branches of the Stokes County Library, and in electronic form
on the individual County Commissioner’s official web site, as
maintained by Stokes County Information Services (IS). These documents shall
include, but not be limited to, the following:
a.
The signed acknowledgment statement required in Section 3
above;
b.
All advisory opinions requested by that County Commissioner
under the provisions of Section 4 above.
Section 13.
Enforcement.
13.01 Persons making a complaint
of violations of this Code of Ethics shall submit the complaint to the County
Attorney, who will determine legal sufficiency.
13.02 If the County Attorney
determines that legal sufficiency exists, the County Attorney shall hire and
appoint a Hearing Officer to determine probable cause of violation or
violations.
13.03 If the Hearing Officer
determines probable cause of violations, the Board of County Commissioners
shall make a final determination upon a majority vote of all members, except
for the member who is the subject of the complaint.
13.04 None of these proceedings
shall be bound by the strict rules of evidence, and the standard of proof
required for a final determination of violation shall be a preponderance of evidence.
13.05 At the sole discretion of
the Board of County Commissioners, sanctions may include reprimand or censure,
or removal or exclusion from leadership positions, governing boards, and other
official positions or duties that do not conflict with North Carolina Statutes.
Section 14.
Treatment of Stokes County Citizens, employees, Department Heads, County
Manager and Stokes County Officials.
14.01 It shall be
the policy of the Stokes County Board of Commissioners to treat the citizens of
Stokes County, Stokes County Employees, Stokes County Department Heads, the
Stokes County Manager and Stokes County Elected Officials with respect and
courtesy. The Stokes County Board of Commissioners shall expect all Stokes
County employees, department heads and county manager to treat the citizens of
Stokes County with respect and courtesy. The Board of Commissioners shall
expect department heads to treat employees with respect and courtesy. The Board
of Commissioners shall expect the county manager to treat department heads and
employees with respect and courtesy.
14.02 The Stokes
County Board of Commissioners shall enforce this policy vigorously.
14.03 The
following procedure shall be followed in the handling of complaints.
a.
A complaint by a citizen of an employee shall be first
brought to the Department Head. If unsatisfied, the citizen may next bring the
complaint to the County Manager, except in the instances where the department
head is directly answerable to the Board of Commissioners. If still
unsatisfied, the citizen may bring the complaint to the Board of Commissioners
in closed session.
b.
If the complaint is against a Department Head, the citizen
may bring the complaint directly to the County Manager or Board of
Commissioners; whichever is applicable in sub-section 14.03 a.
c.
If the complaint is against the County Manager or a County
Commissioner, the citizen may bring the complaint directly to the Board of
Commissioners. If the complaint is against the County Manager it shall be heard
in closed session. If the complaint is against a County Commissioner, the
complaint shall be heard in open session.
d.
A complaint by an employee shall follow the same procedures
as part b. and c. above in closed session.
e.
A complaint by a department head shall be according to part
c. above in closed session.
f.
A complaint by the County Manager shall be brought before
the Board of Commissioners in closed session.
g.
A complaint by a County Commissioner shall be brought before
the Board of Commissioners in closed session, except in the case of a complaint
against a fellow commissioner, which shall be heard in open session.
Section 15.
Effective Date.
The provisions of the Stokes
County Code of Ethics shall be effective December 2, 2002, and shall apply to
all County Commissioners holding office on that date.
