North Carolina § 138A-10 - Powers and duties.

§ 138A-10. Powers and duties.

In addition to other powers and duties specified in this Chapter, the State Board shall: Provide reasonable assistance to covered persons in complying with this Chapter. Develop readily understandable forms, policies, and procedures to accomplish the purposes of the Chapter. Identify and publish the following: A list of nonadvisory boards. The names of individuals subject to this Subchapter as covered persons and legislative employees under G.S. 138A-11. Receive and review all statements of economic interest filed with the Commission by prospective and actual covered persons as provided in G.S. 138A-28. Pursuant to G.S. 138A-24(c), this subdivision does not apply to statements of economic interest of legislators and judicial officers. Conduct inquiries of alleged violations against judicial officers, legislators, and legislative employees in accordance with G.S. 138A-28. Conduct inquiries into alleged violations against public servants in accordance with G.S. 138A-12. Issue confidential recommendations to the State Board of Elections regarding the appropriateness of a criminal referral of campaign finance violations. Render advisory opinions in accordance with G.S. 138A-13 and G.S. 138A-102. Initiate and maintain oversight of ethics educational programs for public servants and their staffs, and legislators and legislative employees, consistent with G.S. 138A-14. Conduct a continuing study of governmental ethics in the State and propose changes to the General Assembly in the government process and the law as are conducive to promoting and continuing high ethical behavior by governmental officers and employees. Adopt procedures and guidelines to implement this Chapter. Report annually to the General Assembly and the Governor on the Commission activities and generally on the subject of public disclosure, ethics, and conflicts of interest, including recommendations for administrative and legislative action, as the Commission deems appropriate. Publish annually statistics on complaints filed with or considered by the State Board, including the number of complaints filed, the number of complaints referred under G.S. 138A-12(c), the number of complaints dismissed under G.S. 138A-12(e)(4), the number of complaints dismissed under G.S. 138A-12(h), the number of complaints referred for criminal prosecution under G.S. 138A-12, the number of complaints dismissed under G.S. 138A-12(j), the number of complaints referred for appropriate action under G.S. 138A-12(j) or G.S. 138A-12(m)(3), and the number and age of complaints pending action by the Commission. Perform other duties as may be necessary to accomplish the purposes of this Chapter. The Commission may authorize the Executive Director and other staff of the Commission to evaluate statements of economic interest on behalf of the Commission as authorized under subdivision (a)(4) of this section. Except as otherwise provided in this Chapter, the Commission shall be the sole State agency with authority to determine compliance with or violations of this Chapter and to issue interpretations and advisory opinions under this Chapter. Decisions and advisory opinions by the Commission under this Chapter shall be binding on all other State agencies. History (2006-201, s. 1; 2008-213, s. 55; 2008-215, s. 7; 2009-549, s. 8; 2013-360, s. 30.4(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 4.11(a).) Editor's Note. - This section was recodified as now former G.S. 163A-154 by Session Laws 2017-6, s. 3. Former G.S. 163A-154 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified. Session Laws 2008-181, s. 15.1, provides: "The State Ethics Commission shall conduct a study of the implementation and effectiveness of S.L. 2006-201, the State Government Ethics Act. The study shall examine issues related to the administration of the laws created under this act by the State Ethics Commission, the Secretary of State, the State Board of Elections, and any applicable State agency. The study shall identify the areas of the ethics and lobbying process in which public input is needed, the need for notice to the public of interpretations of the law, the effectiveness of the ethics and lobbying education process, the volume of requests for advice, the adequacy of staffing to timely meet the needs of the act, and the general perception of the community affected by the State Government Ethics Act. The State Ethics Commission shall consult with the Legislative Ethics Committee as part of this study. The study shall assess and identify proposed legislative changes in the governmental process and the law needed to promote and continue high ethical behavior by governmental officers and employees. The report shall include recommendations on changes to Chapter 138A and Chapter 120C of the General Statutes. The State Ethics Commission shall report its findings and recommendations in writing to the Legislative Ethics Committee on or before by March 1, 2009." Session Laws 2008-215, which added subsection (c), in s. 9 provides: "This act is effective when it becomes law [August 15, 2008] and applies to all information received or collected by the State Auditor concerning alleged violations of Chapters 138A or 120C of the General Statutes or Article 14 of Chapter 120 of the General Statutes on or after January 1, 2007." Session Laws 2017-6, s. 14, provides: "Rules and forms adopted by the State Ethics Commission, Secretary of State related to lobbying, and the State Board of Elections shall remain in effect as provided in G.S. 150B-21.7 . Policies, procedures, and guidance shall remain in effect until amended or repealed by the Bipartisan State Board of Elections and Ethics Enforcement. The list of covered boards adopted by the State Ethics Commission under G.S. 138A-11 as of April 30, 2017, shall continue in effect until amended or repealed by the Bipartisan State Board of Elections and Ethics Enforcement." Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section. Session Laws 2018-146, s. 4.11(e), made subdivision (a)(6a), as added by Session Laws 2018-146, s. 4.11(a), effective January 31, 2019, and applicable to referrals of violations made on or after that date by the State Board of Elections to prosecuting authorities pursuant to G.S. 163-278.27 . Effect of Amendments. - Session Laws 2008-213, s. 55, effective August 15, 2008, substituted "individuals" for "persons" in subdivision (a)(3)b. Session Laws 2008-215, s. 7, effective August 15, 2008, added subsection (c). See Editor's note for applicability. Session Laws 2009-549, s. 8, effective August 28, 2009, added the last sentence in subdivision (a)(4); and inserted "and age" near the end of subdivision (a)(12). Session Laws 2013-360, s. 30.4(a), effective July 1, 2013, rewrote subdivision (a)(4). Session Laws 2018-146, s. 4.11(a), added subdivision (a)(6a). For effective date and applicability, see editor's note.