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AG 2006 08 21
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AG 2006 08 21
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Last modified
8/24/2006 1:40:13 PM
Creation date
11/27/2017 11:33:43 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/21/2006
Board
Board of Commissioners
Meeting Type
Regular
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<br />Subiect: <br /> <br />Purpose: <br /> <br />Policy: <br /> <br />Ethics and Conflicts of Interest <br /> <br />Establish guidelines and codes of ethics to maintain fairness, to avoid favoritism or personal gain, and to avoid even <br />the appearance of a conflict of interest. <br /> <br />Pursuant to N.C.G.S. 14-234 (a) (1) & (2) (Contracting for own benefit), any public officer or employee who is <br />involved in making or administering a contract is prohibited from deriving a direct benefit from the contract. If a <br />public officer or employee is not involved in making or administering a contract, but would derive a direct benefit, <br />they are prohibited from influencing or attempting to influence any person who is involved in making or <br />administering the contract. And, a public officer or employee is prohibited from soliciting or receiving any gift, <br />reward, or promise of reward in exchange for recommending, influencing or attempting to influence the award of a <br />contract. Violation of this statute constitutes a Class 1 Misdemeanor. <br /> <br />Pursuant to N.C.G.S. 133-32 it is also a Class 1 Misdemeanor to give or receive gifts and favors in the context of <br />purchasing and contracting. This applies to current contractors, those who have performed under a contract within <br />the past year, or those who anticipate bidding on such a contract in the future. This statute prohibits any officer or <br />employee who prepares plans, specifications, or estimates; awards or administers contract; or inspects or supervises <br />construction from receiving gifts and favors. <br /> <br />The conflict of interest statute specifically includes the interest of a spouse in the definition of "direct benefit". <br /> <br />The County does not generally have authority to act as a retailer of goods; nor, does it have the authority to use the <br />public purchasing power for private use. Therefore, it is not legal for employees to purchase items for their personal <br />use through local government contracts - even if the person receiving the item reimburses the County for the total <br />cost. <br /> <br />21 <br /> <br />~'b <br />
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