Code of Ethics For The  Vadkin County Board of Commissioners  PREAMBLE  RESOLUTION ADOPTING A CODE OFI ETHICS FOR THE YADKIN COUNTY BOARD OF COMMISSIONERS  WHEREAS, the Constitution ofNorth Carolina, Article 1, Section 35, reminds us that a "frequent recurrence to fundamental principles is absolutely necessary toj preserve  the blessings ofl liberty," and  WHEREAS, a spirit of! honesty and forthrightness is reflected in North Carolina's WHEREAS, Section 160A-86 oft the North Carolina General Statutes requires WHEREAS, as public officials we are charged with upholding the trust oft the NOW THEREFORE, BE IT HEREBY RESOLVED ini recognition ofc our blessings and obligations as citizens oft the State ofNorth Carolina and as public officials representing the citizens oft the County of Yadkin, and acting pursuant to the requirements of Section 160A-86 oft the North Carolina General Statutes, we the Yadkin County Board ofCounty Commissioners do hereby adopt the following General Principles and Code ofEthics to guide the Board of Commissioners ini its lawful  state motto, Esse quam videri, "To be rather than to seem," and local governing boards to adopt a code of ethics, and citizens ofYadkin County, and with obeying the law, and  decision-making:  GENERAL PRINCIPLES UNDERLYING THE CODE OF ETHICS The stability and proper operation of democratic representative government depend upon public confidence in the integrity oft the government and upon responsible exercise oft the trust conferred by the people upon their elected officials. Governmental decisions and policy must be made and implemented through proper channels and processes oft the  governmental structure.  Board members must be able to act in a manner that maintains their integrity and independence, yet is responsive to the interests and needs of those they represent. Board members must always remain aware that at various times they play different roles. As advocates, Board members strive to advance the legitimate needs oftheir citizens. As legislators, Board member balance the public interest and private rights in considering and enacting ordinances, orders, and: resolutions and as decision-makers, who arrive. at fair and impartial quasi-judicial and administrative determinations. Board members must know how to distinguish among these roles, to determine when each role is appropriate, and to act accordingly. Board members must be aware oft their obligation    too conform their behavior to standards of ethical conduct that warrant the trust oftheir constituents. Each official must find within his orl her own conscience the touchstone by  which to determine what conduct is appropriate.  PURPOSE  The purpose oft this Code of Ethics is to establish guidelines for ethical standards ofconduct for the Yadkin County Board ofCommissioners and tol help determine what conduct is appropriate inj particular cases. It should not be considered a substitute for the  law or for al board member's best judgment.  SECTION ONE  ACounty Commissioner Shall Obey the Law  Board members should obey all laws applicable to their official actions as members oft thel board. Board members should be guided by the spirit as well as the letter  ofthe law in whatever they do.  At the same time, board members should feel free to assert policy positions and opinions without fear ofr reprisal from fellow board members or citizens. To declare that a board member is behaving unethically' because one disagrees with that board member on ac question of] policy (and notl because ofthel board member's behavior) is unfair,  dishonest, irresponsible, and itselfunethical.  SECTIONTWO ofHis or Her Office  AC County Commissioner Should Uphold the Integrity and Independence Board members should act with integrity and independence from improper influence as they éxercise the duties oft their offices. Characteristics and behaviors  consistent with this standard include the following: Adhering firmly to a code ofs sound values Exhibiting trustworthiness what they are going  Behaving consistently and with respect toward everyone with whom they interact Living as ift they are on duty as elected officials regardless of where they are or Using their best independent judgment toj pursue the common good as they seeit, presenting their opinions to all in ai reasonable, forthright, consistent manner Remaining incorruptible, self-governing, and unaffected byi improper influence while at the same time being able to consider the opinions and ideas of 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 of 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 havel been heard Showing respect for their offices and not behaving in ways that reflect badly on Recognizing that they are part ofal larger group and acting accordingly Recognizing that individual board members are not generally allowed to act on behalfofthel board but may only do soi ift thel board specifically authorizesit, and  those offices  that the board must take official action as al body  SECTION THREE  ACounty Commissioner Should Avoid Impropriety and the Appearance of Board members should avoid impropriety in the exercise oft their official 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 whethera reasonable person who is aware ofa all oft the relevant facts and circumstances surrounding thel board member's action would conclude that the action was inappropriate.  Impropriety in All His or Her Activities  Ifab board member believes that his or her actions, while legal and ethical, may be misunderstood, the member should seek the advice of the board's attorney and should consider publicly disclosing the facts oft the situation and the steps taken to resolve: it  (such as consulting with the attorney).  SECTION FOUR  A County Commissioner Should Perform the Duties of the Office Diligently Board members should faithfully perform the duties of their offices. They 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 ofthe 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. Board members should be willing to bear their fair share of the board's workload. Toi the extent appropriate, they should be willing to put the board's interests ahead of their own.    SECTION FIVE  ACounty Commissioner Should Conduct the Affairs of the Board of Board members should conduct the affairs oft thel 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 of the public's trust. 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  Commissioners in an Open and Public Manner  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 oft transparency and candor is to be maintained at all times in the governmental unit. They should prohibit unjustified delay in fulfilling public records. requests.. They should take deliberate steps to: make certain that any closed sessions held by thel board are lawfully conducted and that such sessions do  not stray from the purposes for which they are called.  SECTION SIX  ACounty Commissioner. Should Endeavor to Stay Updated Regarding New or Board members should endeavor tol keep up to date, through the board's attorney and other sources, about new or ongoing legal or ethical issues they may facei in their official positions as well as. the most pertinent constitutional, statutory, and other legal requirements with which they must be familiar to meet their legal responsibilities.  Ongoing Legal or Ethical Issues  Attachment 1  Guidelines for Ethical Behavior  The following 12 guidelines are designed to translate current legal requirements into specific behaviors board members should avoid. While statutory provisions should be viewed as ai minimum standard, board members should always consider whether there are ethical problems with other behaviors, even ifs such behavior does not violate criminal  oro other statutes dealing with conflicts ofinterest or other subjects. 1. Avoid deriving a direct benefit from contracts. (G.S. 14-234)  2.  Avoid attempting toi influence others involved in making or administrating a  contract. (G.S.14-234(a)2)    3.  Avoid soliciting or receiving any gift or reward in exchange for recommending, influencing, or attempting to influence the award ofa contract. (G.S. 14- Consider the ethical and practical consequences of deriving a direct benefit  234(a)(3)  4.  from a contract. (G.S. 14-234(b); (d1) have a direct benefit. (G.S.14-2340b1)  5. Avoid participating in deliberations about or voting on a contract in which you  6. 7. 8. 9.  Avoid using your knowledge of contemplated action by you or information known to you in your official capacity and not made public. (G.S.14-234.1) Avoid receiving any gift or favor from a current, past, or potential contractor. Consider the ethical and practical consequences of accepting a gift or favor under Avoid voting on matters involving your own financial interest or official conduct.  (G.S. 133-32(a)  any exception' to the statutory prohibition. (G.S. 133-32(d)  (G.S. 160A-75; 153A-44)  10. Avoid voting on any zoning map or text amendment where the outcome oft the vote is reasonably likely to have a direct impact on you. (G.S.153A-340(;  160A-381(d).  11. Do not participate in or vote on any quasi-judicial matter, including matters that come before the Board when acting in a quasi-judicial capacity ori ifp participation would violate affected persons' constitutional right to an impartial decision- maker. Impermissible conflicts under this statutory standard include having a fixed opinion prior to hearing the matter that is not susceptible to change"; undisclosed ex parte communication"; "a close familial, business, or other associational relationship with an affected person"; or a "financial interest in the outcome oft the matter.' " (Violation oft the constitutional standard by one member  invalidates the entire vote.) (G.S.153A-345)  12. Fulfill your statutory obligation to vote on all matters that come before you even when there are appearances of conflict and onlyrefrain from voting when there is legal basis for or requirement to be excused from voting. (G.S. 153A-44; 160A-75)    Related North Carolina Statutes Willfully failing to discharge duties contracts; exceptions Misuse ofo confidential information  14-230 14-234 14-234.1 132-9 133-32 143-318.9 143-318.16 143-318.16A 143-318.16B 143-318.16C 143-318.17 153A-44 153A-340 153A-345 160A-75  Public officers or employees benefiting from public Access to records [from G.S. Chapter 132, Public Public policy [from G.S. Chapter 143, Article 33C, Injunctiverelief: against violations of Article [33C, Additional remedies for violations of Article [33C, Assessments and awards of attorneys' fees [in actions brought under Article 33C, Meeting of Public Bodies] Accelerated hearing; priority [for actions brought under Article 33C, Meetings of Public Bodies] Disruptions ofofficial meetings Members excused from voting  records]  Gifts and favors regulated Meetings of Public Bodies] Meetings of Public Bodies] Meetings of Public Bodies]  Grant of power [from G.S. Chapter 153A, Article 18, Planning and Regulation ofDevelopment)  Board of Adjustment Voting