8/19/12

Article 5. Violation Consequences.


§ 138A‑45.  Violation consequences.

(a)        Violation of this Chapter by any covered person or legislative employee
is grounds for disciplinary action.

(b)        The willful failure of any public servant serving on a board
to comply with this Chapter is misfeasance, malfeasance, or nonfeasance.

In the event of misfeasance, malfeasance, or nonfeasance,
the offending public servant serving on a board is subject to removal from the board
of which the public servant is a member.

...the Commission shall exercise the discretion
of whether to remove the offending public servant.

(c)        ...For public servants
...the appointing or electing authority shall make all final decisions on the matter
in which the offending public servant shall be disciplined.

For any other public servant serving as a State employee,
the Governor shall make all final decisions
on the manner in which the offending public servant shall be disciplined.

(d)       The willful failure of any constitutional officer of the State
to comply with this Chapter is malfeasance in office for purposes of G.S. 123‑5.

(f)        Nothing in this Chapter affects the power of the State
to prosecute any person for any violation of the criminal law.





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