§ 138A-10. Powers and duties.

§ 138A‑10.  Powers andduties.

(a)        In addition toother powers and duties specified in this Chapter, the Commission shall:

(1)        Provide reasonableassistance to covered persons in complying with this Chapter.

(2)        Develop readilyunderstandable forms, policies, and procedures to accomplish the purposes ofthe Chapter.

(3)        Identify and publishthe following:

a.         A list ofnonadvisory boards.

b.         The names ofindividuals subject to this Chapter as covered persons and legislativeemployees under G.S. 138A‑11.

(4)        Receive and reviewall statements of economic interests filed with the Commission by prospectiveand actual covered persons and evaluate whether (i) the statements conform tothe law and the rules of the Commission, and (ii) the financial interests and otherinformation reported reveals actual or potential conflicts of interest.Pursuant to G.S. 138A‑24(e), this subdivision does not apply tostatements of economic interest of legislators and judicial officers.

(5)        Conduct inquiries ofalleged violations against judicial officers, legislators, and legislativeemployees in accordance with G.S. 138A‑12.

(6)        Conduct inquiriesinto alleged violations against public servants in accordance with G.S. 138A‑12.

(7)        Render advisoryopinions in accordance with G.S. 138A‑13 and G.S. 120C‑102.

(8)        Initiate andmaintain oversight of ethics educational programs for public servants and theirstaffs, and legislators and legislative employees, consistent with G.S. 138A‑14.

(9)        Conduct a continuingstudy of governmental ethics in the State and propose changes to the GeneralAssembly in the government process and the law as are conducive to promotingand continuing high ethical behavior by governmental officers and employees.

(10)      Adopt procedures andguidelines to implement this Chapter.

(11)      Report annually tothe General Assembly and the Governor on the Commission's activities andgenerally on the subject of public disclosure, ethics, and conflicts ofinterest, including recommendations for administrative and legislative action,as the Commission deems appropriate.

(12)      Publish annuallystatistics on complaints filed with or considered by the Commission, includingthe number of complaints filed, the number of complaints referred under G.S.138A‑12(b), the number of complaints dismissed under G.S. 138A‑12(c)(4),the number of complaints dismissed under G.S. 138A‑12(f), the number ofcomplaints referred for criminal prosecution under G.S. 138A‑12, thenumber of complaints dismissed under G.S. 138A‑12(h), the number ofcomplaints referred for appropriate action under G.S. 138A‑12(h) or G.S.138A‑12(k)(3), and the number and age of complaints pending action by theCommission.

(13)      Perform other dutiesas may be necessary to accomplish the purposes of this Chapter.

(b)        The Commission mayauthorize the Executive Director and other staff of the Commission to evaluatestatements of economic interest on behalf of the Commission as authorized undersubdivision (a)(4) of this section.

(c)        Except as otherwiseprovided in this Chapter, the Commission shall be the sole State agency withauthority to determine compliance with or violations of this Chapter and toissue interpretations and advisory opinions under this Chapter. Decisions andadvisory opinions by the Commission under this Chapter shall be binding on allother State agencies.  (2006‑201, s. 1; 2008‑213, s. 55; 2008‑215, s. 7;2009‑549, s. 8.)