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LEGISLATIVE RESEARCH CENTER
File #: 25-0210    Version: 1
Type: Agenda Item Status: Board Priorities
File created: 4/28/2025 In control: Board of Commissioners
On agenda: 5/5/2025 Final action: 5/5/2025
Title: Confirm, add, or remove any Board of Commissioners Associations with Non-Profits
Attachments: 1. Karen Howard Disclosure of Associations with Non Profit Form 2-29-2024, 2. Amanda Robertson Disclosure of Association with Non Profit Form 1-23-2025, 3. David Delaney Disclosure of Associations with Non Profit Form 2-29-2024, 4. Katie Kenlan Disclosure of Associations with Non Profit Form 3-18-2024, 5. Franklin Gomez Flores Disclosure of Assiciations with Non Profit Form 4-2-2024
Title
Confirm, add, or remove any Board of Commissioners Associations with Non-Profits

Abstract
Introduction & Background: NCGS ? 14-234.3. Local public officials participating in contracts benefiting nonprofits with which associated.
(a) No public official shall knowingly participate in making or administering a contract, including the award of money in the form of a grant, loan, or other appropriation, with any nonprofit with which that public official is associated. The public official shall record his or her recusal with the clerk to the board, and once recorded, the political subdivision of this State may enter into or administer the contract.
(b) Anyone knowingly violating this section shall be guilty of a Class 1 misdemeanor. The exceptions listed in G.S. 14-234(b) and (d1) through (d5) shall apply to this section.
(c) A contract entered into in violation of this section is void. A contract that is void under this section may continue in effect until an alternative can be arranged when (i) an immediate termination would result in harm to the public health or welfare and (ii) the continuation is approved as provided in this subsection. A political subdivision of this State that is a party to the contract may request approval from the chair of the Local Government Commission to continue contracts under this subsection.
(d) For purposes of this section, the following definitions shall apply:
(1) Nonprofit with which that public official is associated. - A nonprofit corporation, organization, or association, incorporated or otherwise, that is organized or operating in the State primarily for religious, charitable, scientific, literary, public health and safety, or educational purposes and of which the public official is a director, officer, or governing board member, excluding any board, entity, or other organization created by this State or by any political subdivision of this State.
(2) Participate in making or administering a contract. - Any of the follow...

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