2005 North Carolina Code - General Statutes § 120-103. Possible violations; procedures; disposition.

§ 120‑103.  Possible violations; procedures; disposition.

(a)       Institution of Proceedings. – On its own motion, or in response to signed and sworn complaint of any individual filed with the Committee, the Committee shall inquire into any alleged violation:

(1)       Of any provision of this Article, or of the rules adopted in accordance with G.S. 120‑102(7); or

(2)       Of the criminal law by a legislator while acting in his official capacity as a participant in the lawmaking process.

     (a1) Complaint. –

(1)       A complaint filed under this Article shall state the nature of the violation, the date the alleged violation occurred, and either (i) that the contents of the complaint are within the knowledge of the individual verifying the complaint or (ii) the basis upon which the individual verifying the complaint believes the allegations to be true.

(2)       Any individual who verifies a complaint knowing the allegations in the complaint to be untrue may be prosecuted for perjury under G.S. 14‑209.

(b)       Notice and Hearing. – If, after such preliminary investigation as it may make, the Committee determines to proceed with an inquiry into the conduct of any individual, the Committee shall notify the individual as to the fact of the inquiry and the charges against him and shall schedule one or more hearings on the matter. The individual shall have the right to present evidence, cross‑examine witnesses, and be represented by counsel at any hearings. The Committee may, in its discretion, hold hearings in closed session; however, the individual whose conduct is under inquiry may, by written demand filed with the Committee, require that all hearings before the Committee concerning him be public or in closed session.

(c)       Subpoenas. – The Committee may issue subpoenas to compel the attendance of witnesses or the production of documents, books or other records. The Committee may apply to the superior court to compel obedience to the subpoenas of the Committee. Notwithstanding any other provision of law, every State agency, local governmental agency, and units and subdivisions thereof shall make available to the Committee any documents, records, data, statements or other information, except tax returns or information relating thereto, which the Committee designates as being necessary for the exercise of its powers and duties.

(d)       Repealed by Session Laws 1991, c. 700, s. 2.

(d1)     Disposition of Cases. –

(1)       After the Committee has concluded its inquiries into the alleged violations, the Committee shall:

a.         Dismiss the complaint.

b.         Issue a public or private admonishment to the legislator, or

c.         Refer the matter:

1.         To the Attorney General for possible prosecution through appropriate channels or the appropriate house for appropriate action, or both, if the Committee finds substantial evidence of a violation of a criminal statute; or

2.         To the appropriate house for appropriate action, which shall include censure and expulsion, if the Committee finds substantial evidence of unethical activities.

(2)       If the Committee issues an admonishment as provided in subdivision (1)b. above, the legislator so affected may upon written request to the Committee have the matter referred as provided under subdivision (1)c.2. above.

(3)       In the case of a dismissal or private admonishment, the Committee shall retain its records or findings in confidence, unless the individual under inquiry requests in writing that the records and findings be made public.  If the Committee later finds that a legislator's subsequent unethical activities were similar to and the subject of an earlier private admonishment then the Committee may make public the earlier admonishment and the records and findings related to it.

(4)       Any action by the Committee under this Article does not limit the right of each house of the General Assembly to discipline or to expel its members. (1975, c. 564, s. 1; 1987, c. 439; 1991, c. 700, s. 2.)