North Carolina General Statutes Chapter 138A State Government Ethics Act

Article 1 - General Provisions.

N.C. Gen. Stat. § 138A-1. Title
This Chapter shall be known and may be cited as the "State Government Ethics Act". (2006-201, s. 1.)
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 138A-5. Reserved for future codification purposes

Article 2 - State Ethics Commission.

N.C. Gen. Stat. § 138A-6. State Ethics Commission established
There is established the State Ethics Commission. (2006-201, s. 1.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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 individuals subject to this Chapter as...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 138A-13. 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 138A-16. Reserved for future codification purposes
N.C. Gen. Stat. § 138A-17. Reserved for future codification purposes
N.C. Gen. Stat. § 138A-18. Reserved for future codification purposes
N.C. Gen. Stat. § 138A-19. Reserved for future codification purposes
N.C. Gen. Stat. § 138A-20. Reserved for future codification purposes

Article 3 - Public Disclosure of Economic Interests.

N.C. Gen. Stat. § 138A-21. 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,...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 138A-24. 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...
N.C. Gen. Stat. § 138A-25. 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 138A-28. 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...
N.C. Gen. Stat. § 138A-29. Reserved for future codification purposes
N.C. Gen. Stat. § 138A-30. Reserved for future codification purposes

Article 4 - Ethical Standards for Covered Persons.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 138A-37. Legislator participation in legislative actions
(a) Except as permitted under G.S. 138A-38, no legislator shall participate in a legislative action if the legislator knows the legislator or a person...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 138A-41. Other ethics standards
(a) Nothing in this Chapter shall prevent the Supreme Court, the Committee, the Legislative Services Commission, constitutional officers of the State, heads of principal...
N.C. Gen. Stat. § 138A-42. Reserved for future codification purposes
N.C. Gen. Stat. § 138A-43. Reserved for future codification purposes
N.C. Gen. Stat. § 138A-44. Reserved for future codification purposes

Article 5 - Violation Consequences.

N.C. Gen. Stat. § 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...

Last modified: March 23, 2014