(A) (1) The County Council has determined the need for boards and commissions to provide for the general health, safety and welfare of the citizens of the county and pursuant to the determination, the County Council has established or restructured certain boards and commissions in the county, as provided by law.
(2) The County Council finds that it has the authority to appoint certain boards and commissions under The Home Rule Act (Act 283 of 1975, as amended) and pursuant to its authority, the County Council has appointed members of certain boards and commissions in the county.
(B) The County Council further finds that the duties of boards and commissions over which the County Council exercises appointment powers shall be to establish policy and to render decisions on all matters relating to the regular functions, special activities or other items of business within the jurisdiction of the boards and commissions.
(C) The County Council finds that it is in the best interests of all boards and commissions and the people of the county for policy-making and other decisions required of the county boards and commissions to be made by the entire membership of the boards and commissions.
(D) No board or commission, over which the County Council has or exercises appointment powers, shall delegate its authority to any executive or other special committee established by the boards and commissions from among its members to act on behalf of, or in the name of the boards or commissions at any time.
(E) (1) Annually, upon the request of the Clerk to County Council, each board or commission member must disclose his employer; spouse’s employer; all companies or corporations of which he is a member, officeholder, shareholder, stakeholder, or in which he has any financial interest; and membership on any public boards by the member, member’s spouse, or persons living in the member’s household.
(2) Additionally, prior to any reappointment to a board or commission, the re-appointee shall renew a board application which shall be maintained by the Clerk to Council.
(F) No person may serve on a board or commission if that person or any company or corporation of which that person is a member, officeholder, shareholder, stakeholder, or in which the person has a direct financial interest failed to fulfill contractual obligations owed to York County or failed to complete contractual obligations requiring York County to use taxpayer dollars to complete the obligations in order to protect public health, safety, or welfare.
(G) Any board or commission member who has a conflict of interest on a matter before the board or commission, must disclose the conflict of interest to the board or commission and recuse himself or herself from the discussion and decision on the matter.
(1) A conflict of interest means:
(a) An interest distinct from that of the general public in which a board or commission member may gain an economic benefit from the decision of the board or commission; or
(b) An interest where an individual board or commission member maintains a duty to an organization appearing before the public body, by virtue of service upon the organization board.
(2) A conflict of interest does not exist if the only economic interest or reasonably foreseeable benefit that may accrue to the board or commission member is incidental to the member’s position or which accrues to the member as a member of a profession, occupation, or large class to no greater extent than the economic interest or potential benefit could reasonably be foreseen to accrue to all other members of the profession, occupation, or large class.
(3) The minutes of meetings shall record the conflict of interest disclosed and the recusal.
(4) (a) The County Council may remove a member for cause who fails to either disclose a potential conflict of interest or recuse himself or herself as a result of a conflict of interest.
(b) A board or commission member removed for cause may appeal the decision by requesting a hearing before County Council within 30 days after the notice of removal is sent. A member who fails to request a hearing waives his right to a hearing. County Council must hear the appeal within 30 days after receiving the appeal. No more than 15 days after the date of the hearing, County Council must vote to either reinstate the board or commission member or uphold the removal and issue a decision to the member.
(‘77 Code, § 2-32.1) (Ord. 883, passed 12-5-83; Am. Ord. 116, passed 1-4-16; Am. Ord. 2216, passed 6-6-16)