Covered Persons

G.S. 138A-3(22):

• A member or presiding officer of the General Assembly, or a person elected or appointed a member or presiding officer of the General Assembly before taking office.
• For purposes of Chapter 138A, the Lieutenant Governor shall be considered a legislator when presiding over the Senate as President pursuant to Sec. 13 of Article II of the Constitution, and a public servant for all other purposes. G.S. 138A-4.

G.S. 138A-3(21) & 120C-100:

• Employees and officers of the General Assembly
• Consultants and counsel to committees of either house of the General Assembly or of legislative commissions, who are paid by State funds, but not including legislators, members of the Council of State, or pages.

G.S. 138A-3(19):

• Justices or Judges of the General Court of Justice
  • Supreme Court Justices
  • Court of Appeals Judges
  • Superior Court Judges
  • District Court Judges
• District Attorneys
• Clerks of Court
• Any person elected or appointed to any of these positions prior to taking office

G.S. 138A-3(18) and 138A-3(30):

• Director of the Administrative Office of the Courts
• Assistant Director of the Administrative Office of the Courts
• Any other person, designated by the Chief Justice, employed in the Judicial Department whose annual compensation from the state is $60,000 or more.

Public Servants (defined at G.S. 138A-3(70)) subject to the Ethics Act include:

• State Constitutional Officers
• Heads of all principal State Departments
• The Chief Deputy and Chief Administrative Assistant of constitutional officers or Department Heads
• One confidential assistant and two confidential secretaries, as defined in G.S. 126-5(c)(2) for each elected or appointed department head and one confidential secretary for each chief deputy or chief administrative assistant
• Employees of the Office of the Governor
• Employees in exempt positions in accordance with G.S. 126-5(d)(1) (exempt policymaking and exempt managerial positions in the Cabinet Department designated by the Governor); G.S. 126-5(d)(2) (exempt positions in Council of State Departments and offices); or G.S. 126-5(d)(2a) (additional designated positions); and confidential secretaries to these individuals.
• Any other employees or appointees in the principal State Departments as may be designated by the Governor to the extent that the designation does not conflict with the State Personnel Act.
• The President, Vice-President, chancellors, and vice-chancellors of the UNC System and its constituent institutions.
• The President and Chief Financial Officer of the Community College System and the president, chief financial officer, and         chief administrative officer of each community college.
• Contract employees of the State working in or against a position listed above
• Additional employees listed in G.S. 138A-3(70)n.-v.

G.S. 138A-3(30)

• All voting members of non-advisory boards, including ex-officio members and members serving by Executive, Legislative, or Judicial Branch appointment. Non-advisory boards are any State board, commission, council, committee, task force, authority, or similar public body, however denominated, created by statute or executive order, as determined and designated by the Commission, except for those public bodies that have only advisory authority.
• University of NC System
  • UNC Board of Governors – Voting Members
  • President and Vice-Presidents of the UNC System
  • Chancellors and Vice-Chancellors of UNC constituent institutions
  • Voting members of the Boards of Trustees of all UNC constituent institutions
• NC Community College System
  • State Board of Community Colleges – Voting Members
  • President and Chief Financial Officer of the Community College System
  • President, Chief Financial Officer, and Chief Administrative Officer of each community college
  • Voting members of the Boards of Trustees of each community college
• State Ethics Commission members