8/19/12

Chapter 138A. [North Carolina] State Government Ethics Act. Article 1. General Provisions.


§ 138A‑3.  Definitions.

(12)      Employing entity. – For public servants, any of the following bodies of State government
of which the public servant is an employee or a member,
or over which the public servant exercises supervision:
agencies, authorities, boards, commissions, committees, councils, departments, offices,
institutions and their subdivisions, and constitutional offices of the State.

...(14)      Filing person. – An individual
required to file a statement of economic interest under G.S. 138A‑22.

(14c)    Financial benefit. – A direct pecuniary gain or loss to the legislator, the public servant,
or a person with which the legislator or public servant is associated,
or a direct pecuniary loss to a business competitor of the legislator, 
the public servant, or a person with which the legislator or public servant is associated.

(15)      Gift. – Anything of monetary value given or received without valuable consideration
by or from a lobbyist, lobbyist principal, liaison personnel,
or a person described under G.S. 138A‑32(d)(1), (2), or (3).

...The following shall not be considered gifts under this subdivision:

3.         Food or beverages for immediate consumption.

(15d)   Governmental unit. – A political subdivision of the State,
and any other entity or organization created by a political subdivision of the State.

(25)      Official action. – Any decision, including administration, approval,
disapproval, preparation, recommendation, the rendering of advice, and investigation,
made or contemplated in any proceeding, application, submission,
request for a ruling or other determination, contract, claim, controversy,
investigation, charge, or rule making.

(26)      Participate. – To take part in, influence, or attempt to influence,
including acting through an agent or proxy.

(27)      Person. – Any individual, firm, partnership, committee, association, 
corporation, business, or any other organization or group of persons acting together. 

(27d)   Person with which the public servant is associated. – Any of the following:

b.         A client of the public servant.

d.         A nonprofit corporation or association
with which the public servant
or a member of the public servant's immediate family is associated.

e.         The State, a political subdivision of the State, a board,
or any other entity or organization created by the State
or a political subdivision of the State that employs the public servant
or a member of the public servant's immediate family.

(30)      Public servants. – All of the following:

c.         Heads of all principal State departments, as set forth in G.S. 143B‑6, 
who are appointed by the Governor.

d.         The chief deputy and chief administrative assistant 
of each individual designated under sub‑subdivision a. or c. of this subdivision.

e.         Confidential assistants and secretaries as defined in G.S. 126‑5(c)(2),
to individuals designated under sub‑subdivision a., c., or d. of this subdivision.

i.          All voting members of boards, including ex officio members, 
permanent designees of any voting member, and members serving by executive, 
legislative, or judicial branch appointment.

l.          Members of the Commission, the executive director,
and the assistant executive director of the Commission.

m.        Individuals under contract with the State
working in or against a position included under this subdivision.

t.          The Commissioner of Banks
and the chief deputy commissioners of the Banking Commission.

(30k)    State agency. – An agency in the executive branch of the government of this State,
including the Governor's Office, a board, a department, a division,
and any other unit of government in the executive branch.




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