September 10, 1981
Subject:
Municipalities; Conflict of Interest; Public Officers and Employees; Building Inspector.
Requested By:
David A. Holec Lumberton City Attorney
Question:
Does G.S. 160A-415 prohibit a plumbing and mechanical inspector who is a member of the City’s Inspection Department, and who is the owner of a business, from furnishing labor and materials for the installation and repair of garage doors and electric door openers within the City?
Conclusion:
Yes. The statute is to prevent conflicts of interest. The prohibition extends to buildings inside the City and within its extraterritorial area if the Inspection Department is responsible for such area.
The Inspector owns and operates a business which installs and repairs garage doors and electric openers. The Inspector is responsible for inspecting plumbing, heating and air conditioning within the City.
Another Inspector is responsible for structural and electrical inspection.
G.S. 160A-415 provides: "No member of an inspection department shall be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of any building within the city’s jurisdiction or any part or system thereof or in the making of plans or specifications therefor, unless he is the owner of the building. No member of an inspection department shall engage in any work that is inconsistent with his duties or with the interest of the city."
The statute is a flat prohibition intended to prevent conflicts of interest when a member of the inspection department has any financial interest in labor, materials, or appliances which are used in any building within the city’s jurisdiction.
Clearly labor would be required for installation or repair, plus materials. The prohibition applies to new construction, alteration and maintenance which would embrace repair work.
The fact that another inspector may actually inspect the work is immaterial. The purpose of the statute is similar to that condemned by G.S. 14-243. The condemnation of the conduct embraced within G.S. 160A-415 is a part of the public policy of the State to remove from public officials the temptation to take advantage of their position.
It is our view, therefore, that G.S. 160A-415 is applicable to the facts presented and prohibits the inspector’s business from doing work or furnishing materials to buildings within the city’s jurisdiction.
Rufus L. Edmisten Attorney General
James F. Bullock Senior Deputy Attorney General