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Instructions for Filing a Complaint
Form. Complaints must be made in writing. The Commission provides a form for filing complaints.
No Anonymous Complaints. You must include your name, address, and telephone number.
Signed & Sworn. The complaint must be signed and notarized.
Person Against Whom You are Filing a Complaint. You must include both the name and elected or appointed position or job title of the person against whom you are filing a complaint. Please note, the Commission does NOT have jurisdiction over all public officials or state employees.
Only certain persons are subject to the Ethics Act:
- Legislators
- Legislative Employees
- Judicial Officers
- Justice or Judge
- District Attorneys
- Clerks of Court
- Public Servants
- Constitutional Officers of the State (Governor, Lt. Governor, Council of State)
- Voting members of State boards & commissions
- Certain State employees [see G. S. 138A-3(30)for a list of those employees]
A list of covered persons can be found here. See Frequently Asked Questions for additional information.
Nature of Allegation. You must state the nature of the allegation and specific facts indicating a violation of the State Government Ethics Act (N.C. G.S. 138A) or the Legislative Ethics Act (N.C.G.S. 120, Art. 14) has occurred. These violations include:
- Concealing or failing to disclose required information on the Statement of Economic Interest [G.S. 138A-26]
- Use of public position for private gain [G.S. 138A-31]
- Conflict of interest while performing official duties [G.S. 138A-36 (for public servants); G.S. 138A-37 (for legislators)]
- Taking a prohibited gift [G.S. 138A-32]
- Use of confidential or nonpublic information for private gain [G.S. 138A-34]
- Disclosure of confidential information [G.S. 120-87 (for legislators)]
- Bribery [G.S. 120-86 (for legislators)]
- Unethical personnel-related actions [G.S. 120-86.1 (for legislators)]
- Soliciting or receiving other compensation for acting in an official capacity [G.S. 138A-33]
- Causing the employment of or supervising an extended family member [G.S. 138A-40]
- A specific violation of the criminal law by a covered person in the performance of that person's official duties (G.S. 138A-12(b)(3)).
- Promise to threat to obtain political contribution or support (G.S. 126-14)
Timeframe. You must include the date of the alleged violation. You must also file the complaint within two (2) years of when you knew or should have known of the alleged violation.
Personal Knowledge. The contents of the complaint must be within your own knowledge or you must provide the basis upon which you believe the allegations to be true.
Submission: You must submit your signed original complaint to:
State Ethics Commission
1324 Mail Service Center
Raleigh, NC 27699-1324
Questions regarding filing a complaint should be directed to:
Shanon Gerger, Paralegal
State Ethics Commission
(919) 715-2071
E-mail: ethics.commission@doa.nc.gov
All complaints received by the Commission are confidential and may not be disclosed by the Commission to third parties. However, the person against whom you have filed a complaint will be provided with a copy and given an opportunity to respond.