§ 138A-45. Violation consequences.
Article 5.
Violation Consequences.
§ 138A‑45. Violationconsequences.
(a) Violation of thisChapter by any covered person or legislative employee is grounds fordisciplinary action. Except as specifically provided in this Chapter and forperjury under G.S. 138A‑12 and G.S. 138A‑24, no criminal penaltyshall attach for any violation of this Chapter.
(b) The willful failureof any public servant serving on a board to comply with this Chapter ismisfeasance, malfeasance, or nonfeasance. In the event of misfeasance,malfeasance, or nonfeasance, the offending public servant serving on a board issubject to removal from the board of which the public servant is a member. Forappointees of the Governor and members of the Council of State, the appointingauthority may remove the offending public servant. For appointees of theSpeaker of the House of Representatives, the Speaker of the House ofRepresentatives may remove the offending public servant. For appointees of theGeneral Assembly made upon the recommendation of the Speaker of the House ofRepresentatives, the Governor at the recommendation of the Speaker of the Houseof Representatives may remove the offending public servant. For appointees ofthe President Pro Tempore of the Senate, the President Pro Tempore of theSenate may remove the offending public servant. For appointees of the GeneralAssembly made upon the recommendation of the President Pro Tempore of theSenate, the Governor at the recommendation of the President Pro Tempore of theSenate may remove the offending public servant. For public servants elected toa board by either the Senate or House of Representatives, the electing house ofthe General Assembly shall exercise the discretion of whether to remove theoffending public servant. For all other appointees, the Commission shallexercise the discretion of whether to remove the offending public servant.
(c) The willful failureof any public servant serving as a State employee to comply with this Chapteris a violation of a written work order, thereby permitting disciplinary actionas allowed by the law, including termination from employment. For employees ofState departments headed by a member of the Council of State, the appropriatemember of the Council of State shall make all final decisions on the manner inwhich the offending public servant shall be disciplined. For public servantswho are judicial employees, the Chief Justice shall make all final decisions onthe matter in which the offending judicial employee shall be disciplined. Forlegislative employees, the Legislative Services Commission shall make or referto the hiring authority all final decisions on the matter in which theoffending legislative employee shall be disciplined. For public servantsappointed or elected for The University of North Carolina or the CommunityColleges System, the appointing or electing authority shall make all finaldecisions on the matter in which the offending public servant shall bedisciplined. For any other public servant serving as a State employee, the Governorshall make all final decisions on the manner in which the offending publicservant shall be disciplined.
(d) The willful failureof any constitutional officer of the State to comply with this Chapter ismalfeasance in office for purposes of G.S. 123‑5.
(e) The willful failureof a legislator, other than the Lieutenant Governor, to comply with thisChapter is grounds for sanctions under G.S. 120‑103.1.
(f) Nothing in thisChapter affects the power of the State to prosecute any person for any violationof the criminal law.
(g) The Commission mayseek to enjoin violations of G.S. 138A‑34. (2006‑201, s. 1.)