(a) Generally. Except as provided in subsections (b) and (c), an employee may not:
(1) be employed by, have a contract with, or have a financial interest in:
(i) a person subject to the authority of the employee or of the employee's governmental unit;
(ii) a person who is negotiating or has entered into a contract with the County that is administered by the employee's governmental unit; or
(iii) an entity that is a subcontractor on a contract with the County that is administered by the employee's governmental unit; or
(2) hold any other employment relationship that would impair the impartiality or independent judgment of the employee.
(b) Exceptions. The prohibitions of subsection (a) do not apply:
(1) to employment or a financial interest allowed by opinion or regulation of the Ethics Commission if:
(i) the employment or financial interest does not create a conflict of interest or the appearance of a conflict of interest; and
(ii) the employment or financial interest is disclosed;
(2) to an employee who is appointed to a regulatory or licensing unit pursuant to a statutory requirement that persons subject to the jurisdiction of the unit be represented in appointments to it;
(3) as allowed by opinion or regulation of the Commission, to an employee whose duties are ministerial or administrative if the non-County employment or financial interest does not create a conflict of interest or the appearance of a conflict of interest;
(4) to a member of a board who holds the employment or financial interest when appointed if the employment or financial interest is publicly disclosed to the appointing authority, the Ethics Commission, and, if applicable, the County Council before any required approval of the appointment.
(c) Exemptions.
(1) Subject to paragraph (c)(2), the Ethics Commission may exempt an employee from the prohibitions of subsection (a) if the Ethics Commission determines that:
(i) failure to grant the exemption would limit the ability of the County to recruit and hire highly or uniquely qualified professionals for public service or ensure the availability of competent services to the public; and
(ii) the number of exemptions under this subsection has not eroded the purposes of subsection (a) or other provisions of this article.
(2) The Ethics Commission may grant an exemption under subsection (c)(1) only in extraordinary situations and upon recommendation of the County Executive at the request of the governmental unit involved. The Ethics Commission shall apply this subsection as consistently as possible under similar facts and circumstances.
(1985 Code, Art. 9, § 5-102) (Bill No. 38-03; Bill No. 59-07; Bill No. 59-11; Bill No. 18-17; Bill No. 80-18)
State Code reference – General Provisions Article, § 5-502.