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Does Ashe have an illegal commissioner?

Della216

Posted 11:56 am, 02/15/2017

You keep saying Sands was a "volunteer". He was a county employee with a compensation package- it just didn't include a salary
Can't y'all just move on to trashing something else?

Fairplay

Posted 11:24 am, 02/15/2017

Considering that Sands,like the other commissioners, took classes at the School of Government, don't you think they would have said something? If there were a legal conflict of interest don't you think Roark or JPP?

would have forced him out when he continually voted against them?

Albert Pike

Posted 10:58 am, 02/15/2017

And some times the only people who win when things go to court are the lawyers, no matter the verdict or outcome.

aFicIoNadoS

Posted 10:54 am, 02/15/2017

Actually, if he were illegal too, it may not be moot. It could open up grounds for challenging votes if someone wanted to do so. But I think that would require the cost of going to court.

Albert Pike

Posted 9:29 am, 02/15/2017

Geez, "MOOT" not Mute

aFicIoNadoS

Posted 8:32 am, 02/15/2017

The way I read the SOG article is that one couldn't work as a police chief and he elected to the state Legislature. So it would seem local office would be out too. This seems like it could make for an interesting article either way. You'd think some reporter would think it also worth investigating

Albert Pike

Posted 8:13 am, 02/15/2017

I think it would most likely only apply to elected offices, I think Rose is OK as a town police chief and member of the county BoC, I also think Sands is OK, while as a member of the county BoC and a member of the Sheriff's Office he could vote on matters that could benefit him but as a volunteer I don't know how much benefit he could receive since he does not receive any pay; of course that's all mute now considering he has resigned from his position with the Sheriff's Office.

jrscott295

Posted 12:14 am, 02/15/2017

I think that would also be a conflict of interest.

aFicIoNadoS

Posted 9:05 pm, 02/14/2017

Let me ask another question. Based on this article about holding multiple offices, could a person say, work as a state trooper while at the same time serving as a town police chief?

jrscott295

Posted 9:38 am, 02/14/2017

I personally believe it was a conflict for Sands to be a County Commissioner prior to his resignation from the Sheriff's office, and I also believe that it is a conflict of interest for Rose. After all who is an average citizen going to turn to since the Commissioners are so tied to the law enforcement of the county?

If Sands and Rose had both abstained, as they should have, it would of been 2-1 though. So we'd still have the same Sheriff.....

Heels09

Posted 3:50 pm, 02/13/2017

The Duty to Vote


Board members are often advised to avoid even the appearance of a conflict of interest, and in many situations and on many issues a board member may choose to act or to refrain from acting due to a concern about such an appearance. When it comes to voting, however, a board member's duty to vote overrides this choice, in some cases requiring a person to vote, while in only limited circumstances is a person required to refrain from voting.

Heels09

Posted 3:41 pm, 02/13/2017

These are the reasons that a commissioner can be excused from voting for a conflict of interest.


1. involving the consideration of the member's own official conduct or financial interest (board member compensation is not considered financial interest or official conduct) or
2. on which the member is prohibited from voting under the following statutes (discussed below):
(1) exemptions to the prohibition against directly benefiting under a public contract (G.S. 14-234),
(2) zoning matters (G.S. 153A-340(g); G.S. 160A-381(d)), and
(3) quasi-judicial decisions (G.S. 153A-345.1; G.S. 160A-388(e2)).

aFicIoNadoS

Posted 3:31 pm, 02/13/2017

If a commissioner abstains and there is a tie, his vote is automatically a yes any way.

Joe, while he didn't take a salary, he did get use of resources. I would assume he got travel expenses for different events too. Has he taken advantage of the situation? I've seen nothing to suggest that. I'm just saying I think if the school of government were asked, they would say his holding both jobs is a clear conflict.

della216

Posted 3:25 pm, 02/13/2017

Apparently the ethics people in Raleigh don't care whether he was a unpaid or not. They still considered him an employee and that made it unethical for him to vote on anything having to do with the Sheriff's Dept

Heels09

Posted 3:20 pm, 02/13/2017

The difference is that Sands was a volunteer not a employee. Also, Sands never lied about who he was voting for. Roark is hypocrite like Dog pointed out.

underdog2

Posted 3:10 pm, 02/13/2017

Yet Roark sitting on the front row of the baptist church each sunday and he looks people in the eye and lies to them. How ethical is that one.

della216

Posted 3:04 pm, 02/13/2017

He was told it was a conflict of interest for him to vote on the new sheriff's position but he apparently didn't care about the ethics of that

aFicIoNadoS

Posted 2:59 pm, 02/13/2017

I've always said it was a conflict because he had a direct hand in controlling the sheriff's budget. And even if he didn't get paid, it made a difference to things like if he got a new car or new computers, etc.

underdog2

Posted 2:45 pm, 02/13/2017

I thought we questioned Sands volunteering and being a board member when he ran for election the first time.

aFicIoNadoS

Posted 2:40 pm, 02/13/2017

I was wondering if anyone would catch that one too. Looking at other stuff on it, it looks like lack of pay may make him ok. Then going further, it looks like use of things like a sheriff department vehicle and an office may make him illegal too.

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