Town Council Adopts "Code of Ethics"

The Clayton Town Council has adopted a "Code of Ethics and Conduct" for elected officials that sets guidelines for handling such situations as conflict of interest, political conduct and the appearance of impropriety.

The document, titled "Code of Ethics and Conduct for the Mayor and Town Council," spells out what is expected of elected officials, how they are expected to conduct town business and how they should resolve possible conflicts between their private and business lives and their public duties.

"Town Council members must be aware of their obligation to conform their behavior to standards of ethical conduct that warrant the trust of their constituents," the document says.

Under the guidelines, a Mayor and Council are required to get a minimum of two hours of ethics training within a year of taking office. The Council would also have the authority to "censure" any member found to be in violation of any part of the document.

The Council adopted the guidelines, required by a new state law, at its Nov. 1 meeting.

Here's a look at the new guidelines:

CODE OF ETHICS AND CONDUCT FOR THE MAYOR AND TOWN COUNCIL
The stability and proper operation of democratic representative government depends upon the continuing consent of the governed, upon the public confidence in the integrity of the government and upon responsible exercise of the trust conferred by the people. Government decisions and policy must be made and implemented through proper channels and processes of the
governmental structure. The purpose of this Code is to establish guidelines for ethical standards of conduct for the Mayor and Town Council and all references herein to the Town Council shall be understood to include the Mayor. It should not be considered a substitute for the law or a Town Council member's best judgment.

Town Council members must act in a manner to maintain their integrity and independence, yet must be responsive to the interests and needs of those they represent. Town Council members serve in an important advocacy capacity in meeting the needs of the citizens and should recognize the legitimacy of this role as well as the intrinsic relevance of this role to the proper function of representative government. At the same time, Town Council members must, at times, act in an adjudicatory or administrative capacity and must, when doing so, act in a fair and impartial manner. Town Council members must know how to distinguish these roles and when each role is appropriate and they must act accordingly. Town Council members must be aware of their obligation to conform their behavior to standards of ethical conduct that warrant the trust of their constituents. Each Council member must find within his or her own conscience the touchstone on which to determine appropriate conduct.

One
A Town Council Member Shall Obey the Law
Town Council members shall support the Constitution of the United States, the
Constitution of North Carolina and the laws enacted by the Congress of the
United States and the General Assembly of North Carolina pursuant thereto.
Members specifically acknowledge and agree to comply with the requirements
of NCGS §14-234 entitled “Public officers or employees benefiting from public
contracts; exceptions.”

Two
A Town Council Member Should Uphold the Integrity and
Independence of His or Her Office
Town Council members should demonstrate the highest standards of personal integrity, truthfulness, honesty and fortitude in all their public activities in order to inspire public confidence and trust in town government. Town Council members should participate in establishing, maintaining, and enforcing, and should themselves observe, high standards of conduct so that the integrity and independence of their office may be preserved. The provisions of this Code should be construed and applied to further these objectives.

Three
A Town Council Member Should Avoid Impropriety and the
Appearance of Impropriety in All His or Her Activities
• It is essential that town government attract those citizens best qualified and
willing to serve. Town Council members have legitimate interests --economic,
professional and vocational-- of a private nature. Town Council members should not be denied, and should not deny to other Town Council
members or citizens, the opportunity to acquire, retain and pursue private
interests, economic or otherwise, except when conflicts with their
responsibility to the public cannot be avoided. Town Council members must
exercise their best judgment to determine when this is the case.
• Town Council members should respect and comply with the law and should
conduct themselves at all times in a manner that promotes public
confidence in the integrity of the office of Town Council and of town
government.
• Town Council members should not allow family, social, or other
relationships to unduly influence their conduct or judgment and should not
lend the prestige of the office of Town Council to advance the private
interests of others; nor should they convey or permit others to convey the
impression that they are in a special position to influence them. Town
Council members shall not grant any special consideration, treatment or
advantage to any citizen beyond that which is available to every other
citizen.
• The Mayor or any member of the Town Council who has a financial interest
in any official act or action before the Council shall publicly disclose on the
record of the Council the nature and extent of such interest and shall
withdraw from any consideration of the matter if excused by the Council
pursuant to NCGS §160A-75.

Four
A Town Council Member Should Perform the Duties of the Office Diligently
Town Council members should, while performing the duties of the office as prescribed by law, give precedence to these duties over other activities. In the performance of these duties, the following standards should apply:

A. Legislative Responsibilities:
• Town Council members should actively pursue policy goals they
believe to be in the best interests of their constituents within the
parameters of orderly decision-making, rules of the Town Council and
open government.
• Town Council members should respect the legitimacy of the goals and
interests of other Town Council members and should respect the
rights of others to pursue goals and policies different from their own.

B. Adjudicative Responsibilities:
• Town Council members should be faithful to the general and local
laws pertaining to the office and strive for professional competence in
them. They should be unswayed by partisan interests, public clamor,
or fear of criticism.
• Town Council members should demand and contribute to the
maintenance of order and decorum in proceedings before the Town
Council.
• Town Council members should be honest, patient, dignified and
courteous to those with whom they deal in their official capacity, and
should require similar conduct of their staff and others subject to
their direction and control.
• Town Council members should accord to every person who is legally
interested in a proceeding before the Town Council exercises full
right to be heard according to law.
• Town Council members should dispose promptly of the business of
the town for which they are responsible.

C. Administrative Responsibilities:
• Town Council members should clearly distinguish legislative,
adjudicatory and administrative responsibilities and should refrain
from inappropriate interference in the impartial administration of
town affairs by town employees. Town Council members should
diligently discharge those administrative responsibilities that are
appropriate, should maintain professional competence in the
administration of these duties and should facilitate the diligent
discharge of the administrative responsibilities of fellow Town Council
members and other town officials.
• Town Council members should conserve the resources of the town in
their charge. They should employ town equipment property, funds
and personnel only in legally permissible pursuits and in a manner
that exemplifies excellent stewardship.
• Town Council members should require town employees subject to
their direction and control to observe the standards of fidelity and
diligence that apply to Town Council members as well as those
appropriate for employees.
• Town Council members who become aware of improper conduct by a
town employee should promptly inform the Town Manager, or, in the
case of a Town employee who reports directly to the Council, initiate
appropriate disciplinary measures.
• Town Council members should not employ or recommend the
appointment of unnecessary employees and should exercise the
power of employment only on the basis of merit, avoid favoritism and
refrain from illegal discrimination and nepotism. They should not
approve compensation of employees beyond the fair value of services
rendered.

Five
A Town Council Member Should Conduct the Affairs of the
Town Council in an Open and Public Manner
Town Council members should be aware of the letter and intent of the State's Open Meetings Law (NCGS Chapter 143, Article 33C), should conduct the affairs of the Town Council consistent with the letter and intent of that law and consistent with the need to inspire and maintain public confidence in the integrity and fairness of town government and the office of Town Council. Consistent with this goal of preserving public trust, Town Council members should be aware of the need for discretion in deliberations when the lack of discretion would pose a threat to the resources of the town, to the reputation of current or potential town employees, to orderly and responsible decision
making, to the integrity of other governmental processes or to other legitimate interests of the town.

Six
A Town Council Member Should Regulate His or Her Extra Governmental
Activities to Minimize the Risk of Conflict with His or Her Official Duties
• Town Council members should inform themselves concerning campaign
finance, conflict of interest and other appropriate state and federal laws
and should scrupulously comply with the provisions of such laws.
• Town Council members should refrain from financial and business dealings
that tend to reflect adversely on the Council or on town government or to
interfere with the proper performance of official duties.
• Town Council members should manage their personal financial interests to
minimize the number of cases in which they must abstain from voting on
matters coming before the Council.
• Information acquired by Town Council members in their official capacity
may not be used or disclosed in financial dealings or for any other purpose
not related to official duties.

Seven
A Town Council Member Should Refrain from Political Activity
Inappropriate to His or Her Office
A. Town Council members have a civic responsibility to support good
government by every available means, to continue to inform and educate
the citizenry about the affairs and processes of town government, and to
make themselves available to citizens of the town so that they may ascertain
and respond to the needs of the community. In doing so, Town Council
members may and should join or affiliate with civic organizations whether
partisan or non-partisan, may and should attend political meetings, may and
should advocate and support the principles or policies of civic or political
organizations consistent with the Constitution and laws of the United States
and North Carolina.
B. Candidates for the office of Town Council, including incumbents:
• Should inform themselves concerning the laws of this state with regard
to campaigns and relevant disclosure requirements and should
scrupulously comply with the provisions of such laws;
• Should maintain the dignity appropriate to the office, and should
encourage members of their families to adhere to the same standards of
political conduct that apply to Town Council;
• Should not make pledges or promises of conduct in office that they will
not or cannot perform or would be illegal if it were performed;
• Should not misrepresent their identity, qualifications present position, or
other fact; and
• Should avoid pledges or promises of conduct in office other than the
faithful and impartial performance of the duties of the office.

Eight
A Town Council Member Shall Attend Ethics Education Training
All members of governing boards shall receive a minimum of two clock hours of
ethics education within 12 months after initial election or appointment to the
office, and again within 12 months after each subsequent election or
appointment to the office in accordance with NCGS 160A-87. The ethics
education shall cover laws and principles that govern conflicts of interest and
ethical standards of conduct at the local government level. The ethics
education may be provided by various qualified sources, including the NC
League of Municipalities and UNC School of Government, or other qualified
sources of the Council’s choosing. The Clerk to the governing board shall
maintain a record verifying receipt of the ethics education by each member of
the Town Council.

BE IT FURTHER RESOLVED that:
• A violation of this Code of Ethics may subject a Mayor/Council member to a
censure Resolution by the Clayton Town Council; however, no such censure
resolution shall be adopted until the person alleged to have committed the
violation has been given notice of the alleged violation and provided with the
opportunity to appear before the Council and be heard regarding the
allegation.
• When a Mayor/Council member has a question as to the applicability of this
code to a particular situation, he or she may apply, orally or in writing, to the
Town Attorney for advisory guidance. Upon receipt of a request for
advisory guidance and based only upon the information given to the Town
Attorney, the Town Attorney will provide advisory guidance to the
Mayor/Council member. In the Town Attorney’s discretion, he may retain
outside legal counsel to advise him in connection with any request for
advisory guidance. In no event will the Town Attorney’s advisory guidance
excuse a Mayor/Council member from complying with the Code of Ethics or
other applicable law.