Alleghany County Boardo of Commissioners: Code of Ethics - Version 4 REVED:0327202/ADDOPTED:04012024  1of6  Code of Ethics for the Board ofCommissioners of Alleghany County, North Carolina  PREAMBLE  WHEREAS, the Constitution ofNorth Carolina, Article 1, Section 35, reminds us that a "frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings  ofliberty," and  WHEREAS, a spirit of honesty and forthrightness is reflected in North Carolina'ss state WHEREAS, Section 160A-86 of the North Carolina General Statutes requires local WHEREAS, as public officials we. are charged with upholding the trust of the citizens of NOWTHEREFORE, in recognition of our blessings and obligations as citizens of the State ofl North Carolina and as public officials representing the citizens of the County of Alleghany, and acting pursuant to the requirements of Section 160A-86 of the North Carolina General Statutes, we the Alleghany County Board ofCommissioners do hereby adopt the following General Principles and Code of Ethics to guide the Board of Commissioners ini its  motto, Esse quam videri, "To be rather than to seem," and governing boards and councils to adopt a code of ethics, and  this county, and with obeying the law.  lawful decision-making.  GENERAL PRINCIPLES UNDERLYING THE CODE OF ETHICS - The stability and proper operation of democratic representative government depend upon public confidençe in the integrity ofthe government and upon responsible exercise Governmental decisions and policy must be made and implemented through proper Commissioners must be able to act in a manner that maintains theiri integrity and independence, yet is responsible to the interests and needs oft those they represent. Commissioners must always remain aware that at various times they play different 1.Asa advocates, who strive to advance the legitimate needs of their citizens; 2. As legislators, who balance the public interest and private rights in considering 3.A Asd decision-makers, who arrive at fair and impartial quasi-judicial and  oft the trust conferred by the people upon their elected officials. channels and processes of the governmental structure.  roles:  and enacting ordinances, orders, and resolutions; and  administrative determinations.    Alleghany County Board of Commissioners: Code of Ethics - Version 4 REVISED: 03.27.2024/A ADOPTED: 04.01.2024  2of6  Commissioners must know how to distinguish among these roles, to determine when Commissioners must be aware of their obligation to conform their behavior to standards ofethical conduct that warrant the trust of their constituents. Each official must find within his or her own conscience the touchstone by which to determine what conduct is  each role is appropriate, and to act accordingly.  appropriate.  CODE OF ETHICS  The purpose ofthis Code of Ethics is to establish guidelines for ethical standards ofc conduct for the Alleghany County Board ofCommissioners and to help to determine what conduct is appropriate inj particular cases. It should not be considered a substitute for the law or for a board  member's best judgment. Section 1.  Commissioners should obey all laws applicable to their official actions as members of the Board of Commissioners. Commissioners should be guided by the spirit as well as the letter of the law in whatever they do. Each Commissioner must honor his or her oath ofoffice.  At the same time, board members should feel free to assert policy positions and opinions without fear of reprisal from fellow board members or citizens. To declare that a commissioner is behaving unethically because one disagrees with another commissioner on a question of policy (and not because of the board member's behavior) is unfair, dishonest, irresponsible, and  unethical.  Newly elected or re-elected Commissioners are required by NC state law to go through 2 hours ofe ethics training within the first year oft theire election. Commissioners should endeavor to keep up to date, through the county'sa attorney or other sources such as the UNC School of Government or the North Carolina Association of County Commissioners, about new or ongoing legal or ethical issues they may face in their official positions. This educational function is in addition to the day-to-day legal advice the Board may receive concerning specific situations that arise. Failure to attend the required 2 hours of training will result ini removal from any/all  committee assignments. Section 2.  Commissioners should act with integrity and independence from improper influence as they exercise the duties of their offices. Requires board members to make decisions that are based on the public good and not on their desires or considerations of special interest. Characteristics and behaviors consistent with this standard include the following:  Adhering firmly to a code of sound values; during presentations to the Board;  Behaving consistently and with respect toward everyone with whom they interact. Specifically, Commissioners should refrain from side conversations with other members    Alleghany County Board of Commissioners: Code of Ethics -Version 4 RIVSED,0272024/ADOPTED:04012024  3of6  Exhibiting trustworthiness; they are doing;  Living as ifthey are on duty as elected officials regardless of where they are or what Using their best independent judgment to pursue the common good as they see it, presenting their opinions to all in a reasonable, forthright, consistent manner; - Remaining incorruptible, self-governing, and unaffected by improper influence while at the same time being able to consider the opinions and ideas ofc others; Disclosing contacts and information about issues that they receive outside of public meetings and refraining from seeking or receiving information about quasi-judicial matters outside oft the quasi-judicial proceedings themselves; - Treating other board members and the public with respect and honoring the opinions of others even when the board members disagree with those opinions; Not reaching conclusions on issues until all sides have been heard; Recognizing that they are part of a larger group and acting accordingly; Recognizing that individual board members are not generally allowed to act on behalf ofthe board, but may only do: soi ift the board specifically authorizes it, and that the board S Showing respect for their Board appointments and not behaving in ways that reflect badly on the Board of Commissioners or to the board/committee that the  must take official action as a body; Commissioner serves; and A Avoiding conflicts ofinterest.  Section 3.  (a) Board members should avoid impropriety in the exercise oft their official duties. To act as "especially responsible citizens" honor the public trust as they carry out their duties. Their official actions should be above reproach. Although opinions may vary about what behavior is inappropriate, this board will consider impropriety in terms of whether a reasonable person who isa aware ofa all ofthe relevant facts and circumstances surrounding the board member's action  would conclude that the action was inappropriate.  (b)Ifa board member believes that his or her actions, while legal and ethical, may be misunderstood, the member should seek the advice ofthe county's attorney and should consider  publicly disclosing the facts of the situation and the steps taken to resolve it.  Section 4.  Commissioners should faithfully perform the duties of their offices. Public officials who acts faithfully and should act as the especially responsible citizens whom others can trust and respect. They should set a good example for others in the community, keeping in mind that trust  and respect must continually be earned.  Board members should faithfully attend and prepare for meetings. They should carefully analyze all credible information properly submitted to them, mindful of the need not to engage in communications outside the meeting in quasi-judicial matters. They should demand full  accountability from those over whom the board has authority.    Alleghany County Board of Commissioners: Code of Ethics - Version 4 REVISED: ABA/ACPTDAAINN  4of6  Board members should be willing to bear their fair share oft the board's workload. To the extent appropriate, they should be willing to put the board's interests ahead oftheir own.  Section 5.  Commissioners should conduct the affairs oft the board in an open and public manner. They should comply with all applicable laws governing open meetings and public records, recognizing that doing sO is an important way to be worthy oft the public's trust. A public official who is honest, fair, caring and honors the public trust will honor the spirit as well as the letter of the law. Will see openness or transparency is an important part of that responsibility. They should remember when they meet that they are conducting the public's business. They should also remember that local government records belong to the public and not to board members or  their employees.  In order to ensure strict compliance with the laws concerning openness, board members should make clear that an environment of transparency and candor is to be maintained at all times in the governmental unit. They should prohibit unjustified delays in fulfilling public records requests. They should take deliberate steps to make certain that any closed sessions held by the board are lawfully conducted and that such sessions do not stray from the purposes for which they are called. Information discussed in lawfully conducted closed sessions shall be kept  inc confidence by the Commissioners in accordance with NC law.  Section 6.  If, bya a majority vote oft the Board, the Board has reasonable cause to believe that one or more ofits members has violated aj provision of this Code of Ethics, it may at ai regular meeting oft the Board of County Commissioners, direct the County Attorney to open an investigation into the matter. All information compiled, including the grounds for the finding of reasonable cause, shall be shared with the member when iti is received. Alli information pertaining to the case shall be open to public inspection and copying pursuant to the North Carolina public records statutes. If, upon investigation ofa violation oft this Code ofl Ethics, the Board has reasonable cause to believe that a violation ofa a criminal law may have occurred, it shall refer the matter to the local district attorney. Should the Board determine that it wishes to proceed further with censure proceedings, it shall, by a majority vote, call for aj public hearing to bel held at a regular meeting or at as special meeting convened for that purpose and shall adhere to the procedures set out in Attachment "A" "Censure Procedure" and said hearing shall be run in accordance with the Roberts Rules ofOrder. This section shall apply only to the Board of  County Commissioners of Alleghany County.  This Code of Ethics amended and adopted this the 1St BelHeri Chairman  day of  APPIL  2024  Sanll ddkn  Clerk to the Board    Alleghany County Board of Commissioners: Code of Ethics - Version 4 REVSED,0327202/ADOPTED,04012024  5of6  Attachment "A" Censure Procedure  Ifby chance, a member oft the Board ofCommissioners acts, incites or commits any such action or demonstration that is inconsistent with any oft the Sections oft the Code of Ethics in the above mention document, the following actions shall be carried out accordingly to both identify  and resolve any further actions moving forward.  Step 1:  Upon the alert that a Member has been accused of violating a Section of the Code of Ethics, such alert shall be communicated to the Board ofCommissioners Chair immediately. Once made aware of the concern, the Chair shall make the full Board of Commissioners aware oft the accusation and then schedule a meeting with the Member in question and County Attorney to After discussion, if no such concern is found to be justified upon the review ofthe evidence presented, the Chair shall provide such determination to the remaining Members oft the Board of If, after discussion, the Chair finds reason to believe the concern is valid, the Chair shall communicate with the remaining Board of Commissioners the determination and identify the reasons for such finding. As a standard practice, at this time the Chair shall provide the accused member with a verbal warning of such violation ini the presence of the County Attorney. Minutes shall be taken of the meeting and read aloud at the next regularly scheduled meeting of the Board  review the concern and address it properly.  Commissioners and the matter shall be considered resolved.  ofCommissioners. Step 2:  Upon the alert that a Member has been accused ofa second violation oft the Code of Ethic, such alert shall be communicated to the Board of Commissioners Chairimmediately. Once made aware oft this second accusation, the Chair shall make the full Board aware ofthis second accusation and then schedule ai meeting with the Member in question and County Attorney to After discussion, ift no such concern is found to be justified upon review oft the evidence presented, the Chair shall provide such determination to the remaining members oft the Board of Ifafter discussion, the Chair finds reason to believe the second conçern is valid, the Chair shall communicate with the remaining Board ofCommissioners the determination and identify the reasons for such finding. As a standard practice, at this time the Chair, in the presence of the County Attorney, shall provide the accused member with a written letter for the accused Member to have identifying the concern and findings for both the Member in question and the County's files. Minutes shall be taken oft the meeting and read aloud at the next regularly scheduled  review the second concern and address it properly.  Commissioners and the matter shall be considered resolved.  meeting of the Board of Commissioners.    Alleghany County Board of Commissioners: Code of Ethics - Version 4 RVDBIBA/APOPIDA 04.01.2024  6of6  Step 3:  Upon the alert that a Member has been accused of a third violation oft the Code of Ethics, such alert shall be communicated to the Board ofCommissioners Chair immediately. Once made aware of this third accusation, the Chair shall make the full Board of Commissioners aware of this third accusation then schedule a meeting with the Member in question and County Attorney After discussion, ifr no such concern is found to be justified upon review of the evidence presented, the Chair shall provide such determination to the remaining members of the Board of Ifafter discussion, the Chair finds reason to believe the third concern is valid, the Chair shall communicate with the remaining Board ofCommissioners the determination and identify the reasons for such finding. As a standard practice, at this time the Chair, in the presence ofthe County Attorney, shall provide the accused member with an additional letter to the accused Member identifying the concern and findings for both the accused Member and County' s files. Minutes shall be taken and read aloud at the next regularly scheduled meeting of the Board of Commissioners. Upon the conclusion of the reading oft the letter, further action at this time shall include the removal oft the Member from all sub-Committees and appointed Boards the Member was originally appointed to and all such Committees and Boards will be made aware oft the change immediately with a newly appointed Member assigned accordingly. The Accused Member shall remain removed from all appointed Committees and Boards fora minimum of6 months or the next organizational meeting of the Commissioners occurring in the following December, as determined by the Board ofCommissioners. At that time, the Board shall discuss the accused Member'ss standing and determine a course of direction moving  to review the third concern and address it properly.  Commissioners and the matter shall be considered resolved.  forward.