N.C. Gen. Stat. § 138A-1
Title
Title. This Chapter shall be known and may be cited as the "State Government Ethics Act". (2006-201, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
North Carolina General Statutes Chapter 138A — Chapter 138A.
North Carolina · statute · N.C. Gen. Stat. ch. 138A · 35 active provisions
N.C. Gen. Stat. § 138A-2
Purpose
Purpose. The purpose of this Chapter is to ensure that elected and appointed State agency officials exercise their authority honestly and fairly, free from impropriety, threats, favoritism, and undue influence. To this end, it is the intent of the General Assembly in this Chapter to ensure that standards of ethical con…
N.C. Gen. Stat. § 138A-3
Definitions
Definitions. The following definitions apply in this Chapter: (1) Blind trust. - A trust established by or for the benefit of a covered person or a member of the covered person's immediate family for divestiture of all control and knowledge of assets. A trust qualifies as a blind trust under this subdivision if the cov…
N.C. Gen. Stat. § 138A-4
Application to Lieutenant Governor
Application to Lieutenant Governor. For purposes of this Chapter, the Lieutenant Governor shall be considered a legislator when carrying out the Lieutenant Governor's duties under Sec. 13 of Article II of the Constitution, and a public servant for all other purposes. (2006-201, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a),…
N.C. Gen. Stat. § 138A-6
State Ethics Commission established
State Ethics Commission established. There is established the State Ethics Commission. (2006-201, s. 1; 2017-6, ss. 4(c), 5(a); 2018-146, ss. 3.1(a), (b), 3.3(a).)
N.C. Gen. Stat. § 138A-7
Membership
Membership. (a) The Commission shall consist of eight members. Four members shall be appointed by the Governor, of whom no more than two shall be of the same political party. Four members shall be appointed by the General Assembly, two upon the recommendation of the Speaker of the House of Representatives, neither of w…
N.C. Gen. Stat. § 138A-8
Meetings and quorum
Meetings and quorum. The Commission shall meet at least quarterly and at other times as called by its chair or by four of its members. In the case of a vacancy in the chair, meetings may be called by the vice-chair. Five members of the Commission constitute a quorum. (2006-201, s. 1; 2017-6, ss. 4(c), 5(c); 2018-146, s…
N.C. Gen. Stat. § 138A-9
Staff and offices
Staff and offices. (a) The Commission may employ professional and clerical staff, including an executive director. (b) The Commission shall be located within the Department of Administration for administrative purposes only, but shall exercise all of its powers, including the power to employ, direct, and supervise all…
N.C. Gen. Stat. § 138A-10
Powers and duties
Powers and duties. (a) In addition to other powers and duties specified in this Chapter, the Commission shall: (1) Provide reasonable assistance to covered persons in complying with this Chapter. (2) Develop readily understandable forms, policies, and procedures to accomplish the purposes of the Chapter. (3) Identify a…
N.C. Gen. Stat. § 138A-11
Identify and publish names of covered persons and legislative employees
Identify and publish names of covered persons and legislative employees. The Commission shall identify and publish at least quarterly a listing of the names and positions of all individuals subject to this Chapter as covered persons or legislative employees. The Commission shall also identify and publish at least annua…
N.C. Gen. Stat. § 138A-12
Inquiries by the Commission
Inquiries by the Commission. (a) Jurisdiction. - The Commission may receive complaints alleging unethical conduct by covered persons and legislative employees and shall conduct inquiries of complaints alleging unethical conduct by covered persons and legislative employees, as set forth in this section. (b) Notice of Al…
N.C. Gen. Stat. § 138A-13
Request for advice
Request for advice. (a) At the request of any public servant or legislative employee, any individual who is responsible for the supervision or appointment of a public servant or legislative employee, legal counsel for any public servant or legislative employee, any ethics liaison under G.S. 138A-14, or any member of th…
N.C. Gen. Stat. § 138A-13.5
Recommendations Regarding Criminal Referrals of Campaign Finance Violations
Recommendations Regarding Criminal Referrals of Campaign Finance Violations. Upon request by the State Board of Elections, the Commission shall offer confidential recommendations regarding the appropriateness of a criminal referral for campaign finance violations. The Commission shall employ staff to conduct an investi…
N.C. Gen. Stat. § 138A-14
Ethics education program
Ethics education program. (a) The Commission shall develop and implement an ethics education and awareness program designed to instill in all covered persons and their immediate staffs, and legislative employees, a keen and continuing awareness of their ethical obligations and a sensitivity to situations that might res…
N.C. Gen. Stat. § 138A-15
Duties of heads of State agencies
Duties of heads of State agencies. (a) The head of each State agency, including the chair of each board subject to this Chapter, shall take an active role in furthering ethics in public service and ensuring compliance with this Chapter. The head of each State agency and the chair of each board shall make a conscientiou…
N.C. Gen. Stat. § 138A-21
Purpose
Purpose. The purpose of disclosure of the financial and personal interests by covered persons is to assist covered persons and those who appoint, elect, hire, supervise, or advise them identify and avoid conflicts of interest and potential conflicts of interest between the covered person's private interests and the cov…
N.C. Gen. Stat. § 138A-22
Statement of economic interest; filing required
Statement of economic interest; filing required. (a) Every covered person subject to this Chapter who is elected, appointed, or employed, including one appointed to fill a vacancy in elective office, except for public servants (i) included under G.S. 138A-3(70)b., e., f., or g. whose annual compensation from the State…
N.C. Gen. Stat. § 138A-23
Statements of economic interest as public records
Statements of economic interest as public records. (a) The statements of economic interest filed by prospective public servants under this Article for appointed or employed positions and written evaluations by the Commission of these statements are not public records until the prospective public servant is appointed or…
N.C. Gen. Stat. § 138A-24
Contents of statement
Contents of statement. (a) Any statement of economic interest filed under this Article shall be on a form prescribed by the Commission. Answers must be provided to all questions. The form shall include the following information about the filing person and the filing person's immediate family: (1) Except as otherwise pr…
N.C. Gen. Stat. § 138A-25
Failure to file
Failure to file. (a) Within 30 days after the date due under G.S. 138A-22, the Commission shall notify filing persons who have failed to file or filing persons whose statement has been deemed incomplete. For a filing person currently serving as a covered person, the Commission shall notify the filing person and the eth…
N.C. Gen. Stat. § 138A-26
Concealing or failing to disclose material information
Concealing or failing to disclose material information. A filing person who knowingly conceals or knowingly fails to disclose information that is required to be disclosed on a statement of economic interest under this Article shall be guilty of a Class 1 misdemeanor and shall be subject to disciplinary action under G.S…
N.C. Gen. Stat. § 138A-27
Penalty for false information
Penalty for false information. A filing person who provides false information on a statement of economic interest as required under this Article knowing that the information is false is guilty of a Class H felony and shall be subject to disciplinary action under G.S. 138A-45. (2006-201, s. 1; 2017-6, s. 3; 2018-146, s.…
N.C. Gen. Stat. § 138A-28
Review and evaluation of statements of economic interest
Review and evaluation of statements of economic interest. (a) The Commission shall receive and review all statements of economic interest pursuant to G.S. 138A-10(a)(4) and shall evaluate whether (i) the statements conform to the law and the rules of the commission, and (ii) the financial interests and other informatio…
N.C. Gen. Stat. § 138A-31
Use of public position for private gain
Use of public position for private gain. (a) Except as permitted under G.S. 138A-38, a covered person or legislative employee shall not knowingly use the covered person's or legislative employee's public position in an official action or legislative action that will result in financial benefit to the covered person or…
N.C. Gen. Stat. § 138A-32
Gifts
Gifts. (a) A covered person or a legislative employee shall not knowingly, directly or indirectly, ask, accept, demand, exact, solicit, seek, assign, receive, or agree to receive anything of value for the covered person or legislative employee, or for another person, in return for being influenced in the discharge of t…
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