§ 138A-38 – Permitted participation exception.
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 except as specifically limited: (1) The only interest or reasonably foreseeable benefit or detriment that accrues to the covered person, the covered person’s extended family, business […]
§ 138A-39 – Disqualification to serve.
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 the interest that constitutes the disqualifying conflict of interest or resign from the public position. (b) Failure by a public servant to comply with subsection (a) […]
§ 138A-40 – Employment and supervision of members of covered person's or legislative employee's extended family.
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 or legislative employee to a State office, or a position to which the covered person or […]
§ 138A-41 – Other ethics standards.
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 departments, the Board of Governors of The University of North Carolina, the State Board of Community Colleges, or other boards from adopting additional or supplemental ethics standards […]
§ 138A-45 – Violation consequences.
138A-45. Violation consequences. (a) Violation of Articles 1, 3, or 4 of this Chapter by any covered person or legislative employee is grounds for disciplinary action. Except as specifically provided in this Chapter and for perjury under G.S. 138A-12 and G.S. 138A-24, no criminal penalty shall attach for any violation of Articles 1, 3, 4, […]
§ 138A-35 – Other rules of conduct.
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 on a board on which the public servant also serves, to determine whether the public servant has a conflict of interest. If the public servant […]
§ 138A-36 – Public servant participation in official actions.
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 official action requiring the exercise of discretion, shall participate in an official action by the employing entity if the public servant knows the […]
§ 138A-37 – Legislator participation in legislative actions.
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 with which the legislator is associated may incur a reasonably foreseeable financial benefit from the action, and if after considering whether the legislator’s judgment would […]
§ 138A-26 – Concealing or failing to disclose material information.
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 this Article shall be guilty of a Class 1 misdemeanor and shall be subject to disciplinary action under G.S. 138A-45. (2006-201, s. […]
§ 138A-27 – Penalty for false information.
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 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. 3.1(a), […]