STATE ETHICS COMMISSION

COMPLAINT FORM
ETHICS VIOLATIONS

Official Use Only:

Date Received:
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Case Number:
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Type of Official:
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The State Ethics Commission has the authority to investigate complaints against those persons covered by
Chapter 138A, North Carolina General Statutes, The State Government Ethics Act, for alleged violations of the
Act. Please see section 138A-12. The complaint must be filed within two years of the date you, the Complainant,
knew or should have known of the conduct upon which this complaint is based. Please note that the Ethics
Commission does NOT have jurisdiction over all public officials or state employees.

CONTACT INFORMATION
(Please Type or Print clearly)

The Ethics Act requires that a complaint contain the name, address, and telephone number of the person
filing the complaint. The Commission cannot accept anonymous complaints.
Printed Name: ____NAPIER SANDFORD FULLER________________________________________
Address: 2201 LYNNWOOD DRIVE, WILMINGTON NC 28403
Telephone No: (910) 667-7000 (please email before calling)
Email Address: NAPIER@ALUM.MIT.EDU
NATURE OF THE COMPLAINT
The Ethics Commission does NOT have jurisdiction over all public officials or state employees. G.S. 138A
applies to legislators, legislative employees, certain public servants, and judicial officers. Please refer to
G.S. 138A-3(30) for a list of those State employees included in the category of public servants. Also, a
list of covered persons is posted on the State Ethics Commissions website: www.ethicscommission.nc.gov.
1.

Identify the person that you believe may have violated specific provisions of the Ethics Act:
Name: Chris Sgro
Job Title or Appointive Position of the person against whom this complaint is filed:
NC Rep. for District 58, appointed in April 2016 to serve out a term.
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2.

Provide the date(s) the alleged violation occurred: from the date of appointment to the NCGA to the
present day.

3.

Please provide a concise statement of the nature of your complaint and specific facts indicating that a
violation of Chapter 138A (the Ethics Act) or Chapter 120 (the Legislative Ethics Act) of the North
Carolina General Statutes has occurred. Please provide as much detail as possible and attach any
documentation you have that supports your claim. Attach additional pages if needed.

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Complainant has information and belief the NC Rep. Chris Sgro (Democrat, District 58), appointed on
4/13/2016 to the NCGA is currently employed as the executive director of Equity NC, and that Sgro
acted as a registered lobbyist for Equity NC, registered with the Dept. of State, until 4/11/2016 when
he delivered a statement of resignation as a lobbyist with Equity NC. However, Rep. Sgro remains
the executive director of Equality NC, and continues to be actively engaged in lobbying for Equity NC
via his new role as a member of the NCGA. Specifically, Complainant alleges (1) Sgro has been
instrumental in promoting an economic boycott of our state in an effort to influence elected officials to
repeal HB2, a violation of Section 120-86. (2) While Sgro may have officially resigned as a
registered lobbyist for Equity NC, he is still being paid by this group, and he serves as its executive
director advocating on its behalf in the NCGA rather than for the people of District 58. I ask the
State Ethics Commission to investigate this situation for ethics violations: No man can serve two
masters: for either he will hate the one, and love the other; or else he will hold to the one, and despise
the other. Hence a conflict of interest arises when a political appointee (Sgro was not elected) who is
a professional LGBT lobbyist is appointed to the NCGA giving the LGBT lobby unparalleled access
to real elected officials know that Sgro maintains his paid position as executive director of Equity
NC, a group whose very mission is lobbying according to its own mission statement (see below).
Complainants Public Records request for information about Sgros communications regarding HB2
and ongoing LGBT lobbying while he serves as a member of the NCGA has not been answered as of
August 2, 2016.
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Here are a few press releases from Human Right Campaign detailing Sgros advocacy of HB2 repeal and
boycott:
http://www.hrc.org/blog/equality-north-carolinas-chris-sgro-sworn-in-to-north-carolina-house
http://www.hrc.org/blog/breaking-equality-advocates-condemn-n.c.-legislative-sneak-attack-doubling
Here is a New and Observer article on Rep. Sgros activism for Equity NC:
http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under-thedome/article70903982.html
Equity NCs mission from its website:
http://equalitync.org/who/mission/
Equality NC is dedicated to securing equal rights and justice for lesbian, gay, bisexual, transgender, and queer
(LGBTQ) North Carolinians. To accomplish these goals we tirelessly lobby the North Carolina General
Assembly, executive branch, and local governments, broadcast LGBT news, stories and content, and mobilize
our communities on issues that matter most to you, including marriage equality, parental rights, inclusive anti-

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bullying policies, employment discrimination, hate violence, privacy rights, sexuality education, adoption,
domestic partnerships, and HIV/AIDS.
Equality NC refers to three connected nonprofit corporations: Equality NC
Our parent organization that hosts our lobbying and advocacy efforts. Equality NC Action Fund (PAC)
Our political action committee, which works to elect fair-minded candidates. Equality NC Foundation
Our foundation organization that provides educational programming on LGBT issues and conducts
comprehensive campaigns to build public support for equal rights.
All of the above links were live as of August 2, 2016 and have been archived in my computer if needed at
a later date; I called Equity NC and confirmed that as of August 2, 2016, Chris Sgro is the executive
director and supervises the lobbying activities. Here is an example of Chris Sgros twitter account
focused solely upon LGBT issues, not the people of District 58:
https://twitter.com/cristoferosgro

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Chapter 120C. Lobbying. Article 1.

http://www.ncga.state.nc.us/gascripts/statutes/statutelookup.pl?statute=120c
General Provisions. Lobby or Lobbying. - Any of the following:
a.
Influencing or attempting to influence legislative or executive action, or both, through direct communication or
activities with a designated individual or that designated individual's immediate family.
b.
Developing goodwill through communications or activities, including the building of relationships, with a designated
individual or that designated individual's immediate family with the intention of influencing current or future legislative or
executive action, or both.
The terms "lobby" or "lobbying" do not include communications or activities as part of a business, civic, religious, fraternal,
personal, or commercial relationship which is not connected to legislative or executive action, or both.
(10)
Lobbyist. - An individual who engages in lobbying for payment and meets any of the following criteria:
a.
Repealed by Session Laws 2007-348, s. 8(a), effective October 10, 2007.
b.
Represents another person or governmental unit, but is not directly employed by that person or governmental unit
[remember Human Rights Campaign is the parent of Equity NC].
c.
Contracts for payment for lobbying.
d.
Is employed by a person and a significant part of that employee's duties include lobbying. In no case shall an
employee be considered a lobbyist if in no 30-day period less than five percent (5%) of that employee's actual duties
include engaging in lobbying as defined in subdivision (9)a. of this section or if in no 30-day period less than five percent
(5%) of that employee's actual duties include engaging in lobbying as defined in subdivision (9)b. of this section.
The term "lobbyist" shall not include individuals who are specifically exempted from this Chapter by G.S. 120C-700 or
registered as liaison personnel under Article 5 of this Chapter.
Article 14.
Legislative Ethics Act.
Part 1. Code of Legislative Ethics.
120-85: Repealed by Session Laws 2006-201, s. 4, effective January 1, 2007.
120-85.1. Definitions.
As used in this Article, the following terms mean:
(1) Business with which associated. As defined in G.S. 138A-3.
(2) Confidential information. As defined in G.S. 138A-3.
(3) Economic interest. As defined in G.S. 138A-3.
(4) Immediate family. As defined in G.S. 138A-3.
(5) Legislator. As defined in G.S. 138A-3.
(6) Nonprofit corporation or organization with which associated. As defined in
G.S. 138A-3.
(7) Vested trust. As defined in G.S. 138A-3. (2006-201, s. 5.)
120-86. Bribery, etc.
(a) No person shall offer or give to a legislator or a member of a legislator's immediate
family, or to a business with which the legislator is associated, and no legislator shall solicit or
receive, anything of monetary value, including a gift, favor or service or a promise of future
employment, based on any understanding that the legislator's vote, official actions or judgment
would be influenced thereby, or where it could reasonably be inferred that the thing of value
would influence the legislator in the discharge of the legislator's duties.
(b) It shall be unlawful for the partner, client, customer, or employer of a legislator or
the agent of that partner, client, customer, or employer, directly or indirectly, to threaten
economically that legislator with the intent to influence the legislator in the discharge of the
legislator's duties.
[Sgros appears to be actively engaged in planning the HB2 boycott, a taking away of economic activity to influence the
NCGA, serving his employer, Equity NC the local affiliate of the Washington DC based Human Rights Campaign].
(b1) It shall be unlawful for any person, directly or indirectly, to threaten economically
another person in order to compel the threatened person to attempt to influence a legislator in
the discharge of the legislator's duties.
(c) It shall be unethical for a legislator to contact the partner, client, customer, or
employer of another legislator if the purpose of the contact is to cause the partner, client,
customer, or employer, directly or indirectly, to threaten economically that legislator with the
intent to influence that legislator in the discharge of the legislator's duties.
Promises or Threats to obtain political contribution or support (G.S. 126-14)
http://www.ncga.state.nc.us/gascripts/statutes/statutelookup.pl?statute=126-14
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 126-14. Promise or threat to obtain political contribution or support.

(a)
It is unlawful for a State employee or a person appointed to State office, other than elective office or office on a
board, commission, committee, or council whose function is advisory only, whether or not subject to the North Carolina
Human Resources Act, to coerce:
(1)
a State employee subject to the North Carolina Human Resources Act,
(2)
a probationary State employee,
(3)
a temporary State employee, or
(4)
an applicant for a position subject to the North Carolina Human Resources Act
to support or contribute to a political candidate, political committee as defined in G.S. 163-278.6, or political party or to
change the party designation of the individual's voter registration by threatening that change in employment status or
discipline or preferential personnel treatment will occur with regard to an individual listed in subdivisions (1) through (4) of
this subsection.
(a1)
It is unlawful for an individual as defined in G.S. 138A-3(30)a. to coerce a person as described in G.S. 138A32(d)(1), (2), or (3) to support or contribute to a political candidate [Gov. McCroy], a political committee as defined in G.S.
163-278.6, or a political party by threatening discipline or promising preferential treatment with regard to that person's
business with the individual's State office or that person's activities regulated by the individual's State office.
(b)
Any person violating this section shall be guilty of a Class 2 misdemeanor.
(c)
A State employee subject to the North Carolina Human Resources Act, probationary State employee, or
temporary State employee who without probable cause falsely accuses a State employee or a person appointed to State
office of violating this section shall be subject to discipline or change in employment status in accordance with the
provisions of G.S. 126-35, 126-37, and 126-38 and may, as otherwise provided by law, be subject to criminal penalties for
perjury or civil liability for libel, slander, or malicious prosecution. (1967, c. 821, s. 1; 1985, c. 469, s. 2; 1991, c. 505, s. 1;
1993, c. 539, s. 931; 1994, Ex. Sess., c. 24, s. 14(c); 2010-169, s. 1(a); 2013-382, s. 9.1(c).)
163-278.13C. Campaign contributions prohibition.
(a)
No lobbyist may make a contribution as defined in G.S. 163-278.6 to a candidate or candidate campaign
committee as defined in G.S. 163-278.38Z when that candidate meets any of the following criteria:
(1)
Is a legislator as defined in G.S. 120C-100.
(2)
Is a public servant as defined in G.S. 138A-3(30)a. and G.S. 120C-104.
(b)
No lobbyist may do any of the following with respect to a candidate or candidate campaign committee described in
subdivisions (a)(1) and (a)(2) of this section:
(1)
Collect a contribution or multiple contributions from one or more contributors intended for that candidate or
candidate campaign committee.
(2)
Take possession of a contribution or multiple contributions intended for that candidate or candidate campaign
committee.
(3)
Transfer or deliver a collected contribution or multiple contributions to the intended candidate or candidate
campaign committee.
(c)
This section shall not apply to a lobbyist, who has filed a notice of candidacy for office under G.S. 163-106 or
Article 11 of Chapter 163 of the General Statutes or has been nominated under G.S. 163-114 or G.S. 163-98, making a
contribution to that lobbyist's candidate campaign committee.
(d)
For purposes of this section, the term "lobbyist" shall mean an individual registered as a lobbyist under Chapter
120C of the General Statutes. (2006-201, s. 18; 2007-347, s. 5(a), (b); 2008-213, s. 86; 2013-381, s. 47.1(a).)
Article 29. Bribery. http://www.ncga.state.nc.us/gascripts/statutes/statutelookup.pl?statute=14-217
14-217. Bribery of officials.
(a)
If any person holding office, or who has filed a notice of candidacy for or been nominated for such office, under the
laws of this State who, except in payment of his legal salary, fees or perquisites, shall receive, or consent to receive,
directly or indirectly, anything of value or personal advantage, or the promise thereof, for performing or omitting to perform
any official act, which lay within the scope of his official authority and was connected with the discharge of his official and
legal duties, or with the express or implied understanding that his official action, or omission to act, is to be in any degree
influenced thereby, he shall be punished as a Class F felon.
(b)
Indictments issued under these provisions shall specify:
(1)
The thing of value or personal advantage sought to be obtained; and
(2)
The specific act or omission sought to be obtained; and
(3)
That the act or omission sought to be obtained lay within the scope of the defendant's official authority and was
connected with the discharge of his official and legal duties.
[Sgros interest in promoting the boycott of NC is due to Equity NC and the LGBT agenda, not the people of District 58]
(c)
Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 539, s. 1207.

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