Ethics Council Procedure (Policy)

CARROLL COUNTY BOARD OF DEVELOPMENTAL DISABILITIES

PROCEDURES: ETHICS COUNCIL

  1. Annually at the organizational meeting, the Chairperson of the County Board shall appoint three members of the Board to the Ethics Council.  The Chairperson may be one of those appointed and the Superintendent shall be a non-voting member of the Council.  The Chairperson shall not appoint a Board member to the Ethics Council if the member, or any member of their family, will have any interest in any direct services contract under review by the Council while the member serves on the Council or during the twelve month period after completion of their council service.  A Board member who would be otherwise eligible for direct services contract on behalf of their family member may decline eligibility for direct services payment during and for a period of twelve months after their service on the Ethics Council and thus be eligible for appointment to the Ethics Council.   If a council member or a member of the council member’s immediate family has or will have such an interest, the chairperson shall replace the member by appointing another Board member to the council.
  2. The definitions of terms outlined in the Board’s Ethics Council Policy shall apply to these procedures.   
  3. The role of the Ethics Council shall be to review all direct service contracts which may result in direct payment to an eligible person or to a member of the eligible person’s family according to this policy and interpret, in consultation with the prosecuting attorney, ethical standards, contract audit procedures and grievance procedures with respect to the award and reconciliation of direct service contracts.
  4. The Ethics Council shall meet regularly as directed by the County Board to perform its duties.  Minutes shall be kept of the actions of the Council. The minutes shall be part of the public record of the County Board.  Any action taken by the Council on direct service contracts under its review shall be in public.  The Council shall afford an affected party the opportunity to meet with the Council on matters related to a direct services contract on any action taken by the Council.
  5. All contracts and information provided to Ethics Council shall be sent by the superintendent or their designee with appropriate certification that the contracts are within available resources and appropriations made by the County Board.  The Ethics Council, during its regular meeting, shall determine whether the amount to be paid under the contract is appropriate based on actual expenses or reasonable and allowable projections.  The Ethics Council shall also determine whether the eligible person who would receive services under the contract stands to receive any preferential treatment or any unfair advantage over other eligible persons.
  6. If the amount to be paid is not acceptable or the contract would result in preferential treatment or unfair advantage, the Ethics Council shall recommend that the County Board not enter into a contract or shall suggest acceptable, specific revisions.  The County Board shall not enter into any contract to which revisions are suggested if the contract does not include the specified revisions.
  7. The County Board, by resolution, shall enter into each direct service contract that the Ethics Council recommends or recommends with specified revisions.  The County Board may elect to request that the prosecuting attorney prepare a legal review of any direct service contract that has been recommended, or recommended with revisions, by the Ethics Council.  If so submitted, such contracts may be entered into only if determined by the prosecuting attorney to be in compliance with state law.
  8. The Ethics Council shall in no way allow a member or employee of the County Board to authorize, or use the authority of their office or employment to secure authorization of a direct services contract that they may benefit from in any way.
  9. The County Board shall not enter into a direct services contract for services provided in accordance with sections 5126.11, 5126.40 to 5126.46 of the Ohio Revised Code under which an individual, agency, or other entity will employ a professional or service employee, as defined in section 5126.20 of the Ohio Revised Code, who is also an employee of the County Board unless all of the following conditions are met:
  10. The employee is not in a capacity to influence the award of the contract;
  11. The employee has not attempted in any manner to secure the contact on behalf of the individual, agency, or other entity;
  12. The employee does not hold any administrative or supervisory position in the employ of the County Board, did not hold such a position during the period when the contract was developed, and agrees not to take such a position while the contract is in effect, regardless of whether the position is related to the services provided under contract;
  13. The employee has not taken any actions that create the need for the services to be provided under contract;
  14. The individual, agency, or other entity seeks the services of the employee because the employee’s expertise and familiarity with the care and condition of one or more eligible persons and other individuals with such expertise and familiarity are unavailable, or an eligible person has requested to have the services provided by the employee.
  15. This policy shall be in full compliance with the mandates of Sections 5126.031 and 5126.032 of the Ohio Revised Code.

Effective date: August 8, 2002

Approved by: Thomas Shearer, Superintendent

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