North Carolina Statutes

Chapter 138A State Government Ethics Act

Article 1 - General Provisions.

  • § 138A-1   Title
    This Chapter shall be known and may be cited as the "State Government Ethics Act". (2006‑201, s. 1.)
  • § 138A-2   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,...
  • § 138A-3   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...
  • § 138A-4   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...
  • § 138A-5   Reserved for future codification purposes

Article 2 - State Ethics Commission.

Article 3 - Public Disclosure of Economic Interests.

Article 4 - Ethical Standards for Covered Persons.

  • § 138A-31   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...
  • § 138A-32   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...
  • § 138A-33   Other compensation
    A public servant or legislative employee shall not solicit or receive personal financial gain, other than that received by the public servant or legislative employee...
  • § 138A-34   Use of information for private gain
    A public servant or legislative employee shall not use or disclose nonpublic information gained in the course of, or by reason of, the public servant's...
  • § 138A-35   Other rules of conduct
    (a) A public servant shall make a due and diligent effort before taking any action, including voting or participating in discussions with other public servants...
  • § 138A-36   Public servant participation in official actions
    (a) Except as permitted by subsection (d) of this section and under G.S. 138A‑38, no public servant acting in that capacity, authorized to perform an...
  • § 138A-37   Legislator participation in official actions
    (a) Except as permitted under G.S. 138A‑38, no legislator shall knowingly participate in a legislative action if the legislator, a member of the legislator's extended...
  • § 138A-38   Permitted participation exception
    (a) Notwithstanding G.S. 138A‑36 and G.S. 138A‑37, a covered person may participate in an official action or legislative action under any of the following circumstances...
  • § 138A-39   Disqualification to serve
    (a) Within 30 days of notice of the Commission's determination that a public servant has a disqualifying conflict of interest, the public servant shall eliminate...
  • § 138A-40   Employment and supervision of members of covered person's or legislative employee's extended family
    A covered person or legislative employee shall not cause the employment, appointment, promotion, transfer, or advancement of an extended family member of the covered person...
  • § 138A-41   Other ethics standards
    Nothing in this Chapter shall prevent the Supreme Court, the Committee, the Legislative Services Commission, constitutional officers of the State, heads of principal departments, the...
  • § 138A-42   Reserved for future codification purposes
  • § 138A-43   Reserved for future codification purposes
  • § 138A-44   Reserved for future codification purposes
  • § 138A-45   Violation consequences
    (a) Violation of this Chapter by any covered person or legislative employee is grounds for disciplinary action. Except as specifically provided in this Chapter and...