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.
- § 138A-6 State Ethics Commission established
There is established the State Ethics Commission. (2006‑201, s. 1.) - § 138A-7 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... - § 138A-8 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... - § 138A-9 Staff and offices
The Commission may employ professional and clerical staff, including an executive director. The Commission shall be located within the Department of Administration for administrative purposes... - § 138A-10 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... - § 138A-11 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 persons subject to this Chapter as covered... - § 138A-12 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... - § 138A-13 Advisory opinions
(a) At the request of any public servant or legislative employee, any individual who is responsible for the supervision or appointment of a person who... - § 138A-14 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... - § 138A-15 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... - § 138A-16 Reserved for future codification purposes
- § 138A-17 Reserved for future codification purposes
- § 138A-18 Reserved for future codification purposes
- § 138A-19 Reserved for future codification purposes
- § 138A-20 Reserved for future codification purposes
Article 3 - Public Disclosure of Economic Interests.
- § 138A-21 Purpose
The purpose of disclosure of the financial and personal interests by covered persons is to assist covered persons and those persons who appoint, elect, hire,... - § 138A-22 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... - § 138A-23 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... - § 138A-24 (For effective date, see Editor's note) Contents of statement
(a) Any statement of economic interest filed under this Article shall be on a form prescribed by the Commission and sworn to by the filing... - § 138A-25 Failure to file
(a) Within 30 days after the date due under G.S. 138A‑22, the Commission shall notify persons who have failed to file or persons whose statement... - § 138A-26 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... - § 138A-27 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... - § 138A-28 Reserved for future codification purposes
- § 138A-29 Reserved for future codification purposes
- § 138A-30 Reserved for future codification purposes
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...