§ 138A-15. Duties of heads of State agencies.
§ 138A‑15. Duties ofheads of State agencies.
(a) The head of eachState agency, including the chair of each board subject to this Chapter, shalltake an active role in furthering ethics in public service and ensuringcompliance with this Chapter. The head of each State agency and the chair ofeach board shall make a conscientious, good‑faith effort to assist publicservants within the agency or on the board in monitoring their personal,financial, and professional affairs to avoid taking any action that results ina conflict of interest.
(b) The head of eachState agency, including the chair of each board subject to this Chapter, shallmaintain familiarity with and stay knowledgeable of the reports, opinions,newsletters, and other communications from the Commission regarding ethics ingeneral and the interpretation and enforcement of this Chapter. The head ofeach State agency and the chair of each board shall also maintain familiaritywith and stay knowledgeable of the Commission's reports, evaluations, opinions,or findings regarding individual public servants in that individual's agency oron that individual's board, or under that individual's supervision or control,including all reports, evaluations, opinions, or findings pertaining to actualor potential conflicts of interest.
(c) When an actual orpotential conflict of interest is cited by the Commission under G.S. 138A‑24(e)with regard to a public servant sitting on a board, the conflict shall berecorded in the minutes of the applicable board and duly brought to theattention of the membership by the board's chair as often as necessary toremind all members of the conflict and to help ensure compliance with thisChapter.
(d) The head of eachState agency, including the chair of each board subject to this Chapter, shallperiodically remind public servants under that individual's authority of thepublic servant's duties to the public under the ethical standards and rules ofconduct in this Chapter, including the duty of each public servant to continuallymonitor, evaluate, and manage the public servant's personal, financial, andprofessional affairs to ensure the absence of conflicts of interest.
(e) At the beginning ofany meeting of a board, the chair shall remind all members of their duty toavoid conflicts of interest under this Chapter. The chair also shall inquire asto whether there is any known conflict of interest with respect to any matterscoming before the board at that time.
(f) The head of eachState agency, including the chair of each board subject to this Chapter, shallensure that legal counsel employed by or assigned to their agency or board arefamiliar with the provisions of this Chapter, including the Ethical Standardsfor Covered Persons set forth in Article 4 of this Chapter, and are availableto advise public servants on the ethical considerations involved in carryingout their public duties in the best interest of the public. Legal counsel soengaged may consult with the Commission, seek the Commission's assistance oradvice, and refer public servants and others to the Commission as appropriate.
(g) Taking intoconsideration the individual autonomy, needs, and circumstances of each agencyand board, the head of each State agency, including the chair of each boardsubject to this Chapter, shall consider the need for the development andimplementation of in‑house educational programs, procedures, or policiestailored to meet the agency's or board's particular needs for ethics education,conflict identification, and conflict avoidance. This includes the periodicpresentation to all agency heads, their chief deputies or assistants, otherpublic servants under their supervision or control, and members of boards, ofthe basic ethics education and awareness presentation outlined in G.S. 138A‑14and any other workshop or seminar program the agency head or board chair deemsnecessary in implementing this Chapter. Agency heads and board chairs mayrequest reasonable assistance from the Commission in complying with therequirements of this subsection.
(h) As soon asreasonably practicable after the designation, hiring, or promotion of theirchief deputies, assistants, or other public servants under their supervision orcontrol, or learning of the appointment or election of other public servants toa board covered under this Chapter, all agency heads and board chairs shall (i)notify the Commission of such designation, hiring, promotion, appointment, orelection and (ii) provide these public servants with copies of this Chapter andall applicable financial disclosure forms, if these materials and forms havenot been previously provided to these public servants in connection with theirdesignation, hiring, promotion, appointment, or election. In order to avoidduplication of effort, agency heads and board chairs shall coordinate thiseffort with the Commission's staff. (2006‑201, s. 1; 2007‑347, s. 9(b); 2008‑213,ss. 61, 62.)