(a) NotwithstandingG.S. 138A‑36 and G.S. 138A‑37, a covered person may participate inan official action or legislative action under any of the followingcircumstances except as specifically limited:
(1) The only interest orreasonably foreseeable benefit or detriment that accrues to the covered person,the covered person's extended family, business with which the covered person isassociated, or nonprofit corporation or organization with which the covered personis associated as a member of a profession, occupation, or general class is nogreater than that which could reasonably be foreseen to accrue to all membersof that profession, occupation, or general class.
(2) When an official orlegislative action affects or would affect the covered person's compensationand allowances as a covered person.
(3) Before the coveredperson participated in the official or legislative action, the covered personrequested and received from the Commission or Committee a written advisoryopinion that authorized the participation. In authorizing the participationunder this subdivision, the Commission or Committee shall consider the need forthe legislator's particular contribution, such as special knowledge of thesubject matter, to the effective functioning of the General Assembly.
(4) Before participatingin an official action, a public servant made full written disclosure to thepublic servant's employing entity which then made a written determination thatthe interest or benefit would neither impair the public servant's independenceof judgment nor influence the public servant's participation in the officialaction. The employing entity shall file a copy of that written determinationwith the Commission.
(5) When action is ministerialonly and does not require the exercise of discretion.
(6) When a public orlegislative body records in its minutes that it cannot obtain a quorum in orderto take the official or legislative action because the covered person isdisqualified from acting under G.S. 130‑36, G.S. 138A‑37, or thissection, the covered person may be counted for purposes of a quorum, but shallotherwise abstain from taking any further action.
(7) When a publicservant notifies the Commission in writing that the public servant judicialemployee, or someone whom the public servant appoints to act in the publicservant's stead, or both, are the only individuals having legal authority totake an official action, and the public servant discloses in writing thecircumstances and nature of the conflict of interest.
(b) This section shallnot allow participation in an official action prohibited by G.S. 14‑234.
(c) NotwithstandingG.S. 138A‑37, if a legislator is employed or retained by, or is anindependent contractor of, a governmental unit, and the legislator is the onlymember of the house elected from the district where that governmental unit islocated, then the legislator may take legislative action on behalf of thatgovernmental unit provided the legislator discloses in writing to the principalclerk the nature of the relationship with the governmental unit prior to, or atthe time of, taking the legislative action.
(d) NotwithstandingG.S. 138A‑36, service by the president, chief financial officer, chiefadministrative officer, or voting member of the board of trustees of acommunity college as an officer, employee, or member of the board of directorsof a nonprofit corporation established under G.S. 115D‑20(9) to supportthe community college shall not constitute a conflict of interest under G.S.138A‑36, provided that the majority of the nonprofit corporation's boardof directors is not comprised of the president, chief financial officer, andchief administrative officer, or voting members of the board of trustees of thecommunity college which the nonprofit corporation was created to support. (2006‑201, s. 1; 2007‑347,s. 14; 2008‑213, s. 85.)
(a) NotwithstandingG.S. 138A‑36 and G.S. 138A‑37, a covered person may participate inan official action or legislative action under any of the followingcircumstances except as specifically limited:
(1) The only interest orreasonably foreseeable benefit or detriment that accrues to the covered person,the covered person's extended family, business with which the covered person isassociated, or nonprofit corporation or organization with which the covered personis associated as a member of a profession, occupation, or general class is nogreater than that which could reasonably be foreseen to accrue to all membersof that profession, occupation, or general class.
(2) When an official orlegislative action affects or would affect the covered person's compensationand allowances as a covered person.
(3) Before the coveredperson participated in the official or legislative action, the covered personrequested and received from the Commission or Committee a written advisoryopinion that authorized the participation. In authorizing the participationunder this subdivision, the Commission or Committee shall consider the need forthe legislator's particular contribution, such as special knowledge of thesubject matter, to the effective functioning of the General Assembly.
(4) Before participatingin an official action, a public servant made full written disclosure to thepublic servant's employing entity which then made a written determination thatthe interest or benefit would neither impair the public servant's independenceof judgment nor influence the public servant's participation in the officialaction. The employing entity shall file a copy of that written determinationwith the Commission.
(5) When action is ministerialonly and does not require the exercise of discretion.
(6) When a public orlegislative body records in its minutes that it cannot obtain a quorum in orderto take the official or legislative action because the covered person isdisqualified from acting under G.S. 130‑36, G.S. 138A‑37, or thissection, the covered person may be counted for purposes of a quorum, but shallotherwise abstain from taking any further action.
(7) When a publicservant notifies the Commission in writing that the public servant judicialemployee, or someone whom the public servant appoints to act in the publicservant's stead, or both, are the only individuals having legal authority totake an official action, and the public servant discloses in writing thecircumstances and nature of the conflict of interest.
(b) This section shallnot allow participation in an official action prohibited by G.S. 14‑234.
(c) NotwithstandingG.S. 138A‑37, if a legislator is employed or retained by, or is anindependent contractor of, a governmental unit, and the legislator is the onlymember of the house elected from the district where that governmental unit islocated, then the legislator may take legislative action on behalf of thatgovernmental unit provided the legislator discloses in writing to the principalclerk the nature of the relationship with the governmental unit prior to, or atthe time of, taking the legislative action.
(d) NotwithstandingG.S. 138A‑36, service by the president, chief financial officer, chiefadministrative officer, or voting member of the board of trustees of acommunity college as an officer, employee, or member of the board of directorsof a nonprofit corporation established under G.S. 115D‑20(9) to supportthe community college shall not constitute a conflict of interest under G.S.138A‑36, provided that the majority of the nonprofit corporation's boardof directors is not comprised of the president, chief financial officer, andchief administrative officer, or voting members of the board of trustees of thecommunity college which the nonprofit corporation was created to support. (2006‑201, s. 1; 2007‑347,s. 14; 2008‑213, s. 85.)
(a) NotwithstandingG.S. 138A‑36 and G.S. 138A‑37, a covered person may participate inan official action or legislative action under any of the followingcircumstances except as specifically limited:
(1) The only interest orreasonably foreseeable benefit or detriment that accrues to the covered person,the covered person's extended family, business with which the covered person isassociated, or nonprofit corporation or organization with which the covered personis associated as a member of a profession, occupation, or general class is nogreater than that which could reasonably be foreseen to accrue to all membersof that profession, occupation, or general class.
(2) When an official orlegislative action affects or would affect the covered person's compensationand allowances as a covered person.
(3) Before the coveredperson participated in the official or legislative action, the covered personrequested and received from the Commission or Committee a written advisoryopinion that authorized the participation. In authorizing the participationunder this subdivision, the Commission or Committee shall consider the need forthe legislator's particular contribution, such as special knowledge of thesubject matter, to the effective functioning of the General Assembly.
(4) Before participatingin an official action, a public servant made full written disclosure to thepublic servant's employing entity which then made a written determination thatthe interest or benefit would neither impair the public servant's independenceof judgment nor influence the public servant's participation in the officialaction. The employing entity shall file a copy of that written determinationwith the Commission.
(5) When action is ministerialonly and does not require the exercise of discretion.
(6) When a public orlegislative body records in its minutes that it cannot obtain a quorum in orderto take the official or legislative action because the covered person isdisqualified from acting under G.S. 130‑36, G.S. 138A‑37, or thissection, the covered person may be counted for purposes of a quorum, but shallotherwise abstain from taking any further action.
(7) When a publicservant notifies the Commission in writing that the public servant judicialemployee, or someone whom the public servant appoints to act in the publicservant's stead, or both, are the only individuals having legal authority totake an official action, and the public servant discloses in writing thecircumstances and nature of the conflict of interest.
(b) This section shallnot allow participation in an official action prohibited by G.S. 14‑234.
(c) NotwithstandingG.S. 138A‑37, if a legislator is employed or retained by, or is anindependent contractor of, a governmental unit, and the legislator is the onlymember of the house elected from the district where that governmental unit islocated, then the legislator may take legislative action on behalf of thatgovernmental unit provided the legislator discloses in writing to the principalclerk the nature of the relationship with the governmental unit prior to, or atthe time of, taking the legislative action.
(d) NotwithstandingG.S. 138A‑36, service by the president, chief financial officer, chiefadministrative officer, or voting member of the board of trustees of acommunity college as an officer, employee, or member of the board of directorsof a nonprofit corporation established under G.S. 115D‑20(9) to supportthe community college shall not constitute a conflict of interest under G.S.138A‑36, provided that the majority of the nonprofit corporation's boardof directors is not comprised of the president, chief financial officer, andchief administrative officer, or voting members of the board of trustees of thecommunity college which the nonprofit corporation was created to support. (2006‑201, s. 1; 2007‑347,s. 14; 2008‑213, s. 85.)
