Report to The State Ethics Commission
Report to The State Ethics Commission
State Ethics Commission
For information: 919-814-3600
ethics@ncsbe.gov
https://ethics.nc.gov/coverage/covered-persons
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.
https://ethics.nc.gov/complaints/ethics-act-complaints-faqs#FilingaComplaint-60
When a state regulatory board fails to act on proven violations or actively suppresses evidence of misconduct, the issue has moved beyond professional malpractice. It has become a matter of government misconduct and a violation of the public trust.
The State Ethics Commission is a specialized "watchdog" agency designed specifically to maintain the integrity of government officials. While other agencies handle general legal enforcement, the Ethics Commission focuses on whether public officials are breaking the fundamental rules of their office.
Reporting to the Ethics Commission is a strategic step for several reasons:
The "Rulebook" for Public Service: Most boards are governed by an Ethics Act or Conflict of Interest Laws. These rules go beyond "legal vs. illegal" and focus on "right vs. wrong" in public office. The Commission has the sole authority to interpret and enforce these standards.
Specialized Investigative Powers: The Commission has the tools to investigate "soft" corruption that other agencies might overlook, such as Conflicts of Interest (voting on matters that benefit a board member's personal business) or the Misuse of Position (using board resources for personal or professional gain).
A Fairer Standard of Evidence: In criminal court, a case must be proven "beyond a reasonable doubt." The Ethics Commission often operates on a preponderance of evidence (meaning it is "more likely than not" that a violation occurred). This is a more attainable standard for holding board members accountable.
Direct Penalties: The Commission can issue Public Censures (formal public shaming), levy personal fines totaling thousands of dollars, and recommend the removal of board members from their seats.
If you are dealing with a board that refuses to enforce a Practice Act or is hiding evidence of falsified records, the Ethics Commission looks at three specific areas:
1. Neglect of Duty (Nonfeasance)
Board members take an oath to protect the public. By ignoring proven violations, they may be committing nonfeasance—failing to perform an act that is a mandatory part of their job. The Commission investigates whether board members are showing favoritism toward the industry they are supposed to regulate rather than acting "honestly and fairly."
2. Misuse of Official Position
If a board is burying evidence to help a professional avoid losing their license, they are granting an "unwarranted privilege." Using state power to give someone an illegal "pass" is a direct violation of most state ethics laws.
3. Identifying Hidden Conflicts
Why would a board suppress evidence? Often, it is due to personal or professional ties. The Ethics Commission can demand "Statements of Economic Interest," allowing them to perform a deep dive into the financial relationships between board members and the individuals they are supposed to be investigating.
The Bottom Line: Think of the Ethics Commission as "Internal Affairs" for the state. You contact them when those in power are breaking the rules of their position to protect themselves or their peers.