§ 7-5-101. Restrictions on participation.

   (a)   Generally. Except as otherwise provided in this article, an employee may not participate in a matter if:

      (1)   the employee or a qualifying relative of the employee has an interest in the matter distinguishable from that of the public generally and the employee knows of the interest; or

      (2)   any of the following is a party to the matter:

         (i)   a business entity in which the employee has a financial interest of which the employee reasonably may be expected to know;

         (ii)   a business entity of which the employee, or if known to the employee, a qualifying relative of the employee is an officer, director, trustee, partner, limited partner, member, or employee;

         (iii)   a business entity with which the employee or, if known to the employee, a qualifying relative of the employee has applied for a position, is negotiating employment, or has arranged prospective employment;

         (iv)   if the contract reasonably could be expected to result in a conflict between the private interest and the official County duties of the employee, a business entity that is a party to a contract with the employee or, if known to the employee, a qualifying relative of the employee;

         (v)   a business entity either engaged in a transaction with the County or subject to regulation by the employee's governmental unit in which a financial interest is owned by another business entity if the employee has a financial interest in the other business entity, and reasonably may be expected to know of both financial interests; or

         (vi)   a business entity that the employee knows is a creditor or obligee of the employee or of a qualifying relative of the employee with respect to a thing of economic value and, as a creditor or obligee, is in a position to affect directly and substantially the interest of the employee or qualifying relative.

   (b)   Lobbyists.

      (1)   This subsection does not apply to an individual who is an employee only as an uncompensated member of a board or commission.

      (2)   A former lobbyist who is or becomes an employee subject to regulation under this title may not participate in a case, contract, or other specific matter as an employee for one calendar year after the termination of the registration of the former lobbyist if the former lobbyist previously assisted or represented another party for compensation in the matter.

   (c)   Exceptions.

      (1)   The prohibitions of subsection (a) do not apply if participation is allowed:

         (i)   by regulation of the Ethics Commission;

         (ii)   by the opinion of the Ethics Commission; or

         (iii)   by another provision of this article.

      (2)   This section does not prohibit participation by an employee that is limited to the exercise of a ministerial or administrative duty that does not affect the disposition of or a decision with respect to the matter involved.

   (d)   Disclosure.

      (1)   An employee who otherwise would be disqualified from participation under subsection (a) shall disclose the nature and circumstances of the conflict and may participate or act if:

         (i)   the disqualification would leave a body with less than a quorum capable of acting;

         (ii)   the disqualified employee is required by law to act; or

         (iii)   the disqualified employee is the only individual authorized to act and cannot delegate that authority.

      (2)   Any disqualification arising under subsection (a) may be suspended as set forth in § 7-5-109 as to the County Executive and § 7-5-111 as to the County Council.

(1985 Code, Art. 9, § 5-101) (Bill No. 38-03; Bill No. 80-18)

State Code reference – General Provisions Article, § 5-501.