Ethics for Local Elected Officials Frayda Bluestein Norma Houston Goals for Our Session: Distinguish between legal and ethical standards Identify key legal issues and ethical considerations Discuss and compare views about civility among board members Page 1 2018 Ethics for Local Elected Officials UNC School of Government
Ethics vs. Law If people act legally are they also acting ethically ? If you can do it, does that mean you should do it? Key Concepts 1. Your conduct involves 3. Your ethical obligations both legal requirements include: and ethical considerations • Obeying all applicable laws 2. The law places limits on: • Upholding integrity and • Voting independence of office • Contracting • Avoiding impropriety in exercise of official duties • Gifts & Favors • Faithfully performing • Misuse of Confidential duties of office Information • Conducting board • Misuse of Public Property business in open and • Other offenses related to public manner misuse of public office G.S. 160A-86(b) Page 2 2018 Ethics for Local Elected Officials UNC School of Government
You Have A Choice You have a choice about how to act; you should evaluate legal and ethical factors in deciding how to act Deciding How to Act: Two Questions Is it Your Is it legal? ethical? Decision Page 3 2018 Ethics for Local Elected Officials UNC School of Government
CONFLICTS OF INTEREST What Do You Think – Is It Ethical? Case Problem Scenarios #2 Sister Permit #4 Councilmember Vendor #1 Nonprofit Board #3 Sister Contractor Page 4 2018 Ethics for Local Elected Officials UNC School of Government
Is It Ethical? #1 Nonprofit Board A city council member also serves on the board of the local nonprofit arts council. The arts council is seeking grant funds from the city to support its annual craft fair. The grant request comes before the city council for consideration. Should the council member participate in the discussions and vote on the grant award? Is It Ethical? #2 Sister Permit A city council member’s sister is a local developer and has applied for a special use permit for a major project in city. Should the council member vote on her sister’s permit application? Page 5 2018 Ethics for Local Elected Officials UNC School of Government
Is It Ethical? #3 Sister Contractor A city council is considering awarding a major construction contract to a council member’s sister. The sister’s company is the lowest responsive, responsible bidder. Should the council member vote on her sister’s construction contract? Is It Ethical? #4 Councilmember Vendor A recently elected city council member owns a t-shirt company in the city. The Parks & Rec Department has regularly purchased uniforms for its little league teams from the council member’s company. Should the city continue to purchase t- shirts from the council member’s company after he takes office? Page 6 2018 Ethics for Local Elected Officials UNC School of Government
Legal Authority for Being Excused from Voting (G.S. 160A-75) Prohibited When: May Be Excused If: Legislative zoning decisions Matter before board in which you have a involves your own financial interest financial interest Quasi-judicial decisions in Matter before board which you have a fixed opinion, bias, financial involves your official interest, or close personal conduct relationship Public contracts from which you derive a direct financial benefit Self-Benefiting in Public Contracting G.S. 14-234(a)(1) Making or administering a contract If you’re involved at any point in the contracting process, you’re involved in “making or administering” the contract Page 7 2018 Ethics for Local Elected Officials UNC School of Government
Self-Benefiting in Public Contracting G.S. 14-234(a)(1) Direct benefit to Making or you or administering a contract your spouse There’s a direct benefit if you or your spouse: 1. Own more than 10% of the company, 2. Receive income or commission from the contract, or 3. Acquire property under the contract Self-Benefiting in Public Contracting G.S. 14-234(a)(1) Direct benefit to Making or Class 1 administering you or misdemeanor* & a contract your spouse void contract* *Unless an exception applies: banks and utilities, friendly condemnation, spouse employment, public assistance programs, small jurisdictions Page 8 2018 Ethics for Local Elected Officials UNC School of Government
Self-Benefiting in Public Contracting G.S. 14-234(a)(1) Not like other financial conflicts - cannot cure this conflict by being excused from voting Unless an exception applies, cannot enter into contract – period! If exception applies, conflicted official cannot participate or vote Conflicts of Interest in Contracting 1. Is there a contract between NO No you or your spouse and your Conflict unit of government? YES Did you: Attempt to influence the 2. Do you or your spouse NO No award of a contract under receive a prohibited benefit Conflict which you or your spouse directly under that contract? directly benefit? YES OR Solicit or receive a gift, NO No 3. Are you involved in making or favor, reward, or service in administering that contract? Conflict exchange for influencing (or attempting to YES influence) the award of a YES contract even if you or NO your spouse don’t directly 4. Does an exception apply? STOP! benefit under that YES contract? Class 1 misd. Void contract No Conflict G.S. 14-234 Page 9 2018 Ethics for Local Elected Officials UNC School of Government
Is It Legal? #1 Nonprofit Board A city council member also serves on the board of the local nonprofit arts council. The arts council is seeking grant funds from the city to support its annual craft fair. The grant request comes before the city council for consideration. Should the council member participate in the discussions and vote on the grant award? Is It Legal? #1 Nonprofit Board A city council member also serves on the board of the local nonprofit arts council. The arts council is seeking grant funds from the city to support its annual craft fair. The grant request comes before the city council for consideration. Yes. Assuming no financial benefit, the council member is required to vote. Page 10 2018 Ethics for Local Elected Officials UNC School of Government
Conflict of Roles? Service on nonprofit is not a financial conflict and missions may be in alignment But consider possible future conflicts : Legal or financial dispute – commissioner on both sides Expectation of allegiance by both boards Confidentiality of information Is It Legal? #2 Sister Permit A city council member’s sister is a local developer and has applied for a special use permit for a major project in city. Should the council member vote on her sister’s permit application? Page 11 2018 Ethics for Local Elected Officials UNC School of Government
Is It Legal? #2 Sister Permit A city council member’s sister is a local developer and has applied for a special use permit for a major project in city. No. Because consideration of a special use permit is a quasi-judicial matter, the member has a conflict of interest because the applicant is a family member and is prohibited from voting. Is It Legal? #3 Sister Contractor A city council is considering awarding a major construction contract to a council member’s sister. The sister’s company is the lowest responsive, responsible bidder. Should the council member vote on her sister’s construction contract? Page 12 2018 Ethics for Local Elected Officials UNC School of Government
Is It Legal? #3 Sister Contractor A city council is considering awarding a major construction contract to a council member’s sister. The sister’s company is the lowest responsive, responsible bidder. Yes. Assuming no financial benefit, the council member is required to vote. Is It Legal? #4 Councilmember Vendor A recently elected city council member owns a t-shirt company in the city. The Parks & Rec Department has regularly purchased uniforms for its little league teams from the council member’s company. Should the city continue to purchase t- shirts from the council member’s company after he takes office? Page 13 2018 Ethics for Local Elected Officials UNC School of Government
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