(a) Definitions. In this section:
(1) "Close economic association" means:
(i) the County Executive's employers, employees, and associates in business or professional enterprises;
(ii) partnerships, limited liability partnerships, or limited liability companies in which the County Executive has invested capital or owns an interest;
(iii) corporations in which the County Executive owns the lesser of 10% or more of the outstanding capital stock or capital stock with an aggregate value of $25,000 or more, not including any stock owned through a mutual fund, exchange-traded fund, retirement plan, or other similar commingled investment vehicle, the individual investments of which the County Executive does not control or manage;
(iv) corporations or other business entities in which the County Executive is an officer, director, or agent; and
(v) an entity with which the County Executive is negotiating employment or has arranged prospective employment.
(2) "Official action" means any of the following actions by the County Executive:
(i) recommending an ordinance or resolution to the County Council for consideration;
(ii) attempting to influence the vote of the County Council or of a member of the County Council on any ordinance or resolution; or
(iii) approving, vetoing, or not acting on any ordinance or resolution presented to the County Executive for signature.
(b) Presumed conflicts of interest. A conflict of interest shall be presumed with respect to an official action of the County Executive in any of the following circumstances:
(1) having or acquiring a direct interest, in a manner distinguishable from the public generally, in a business entity or person that would be affected by the official action;
(2) benefiting financially from a close economic association with a person whom the County Executive knows has a direct interest in a business entity, person, or an interest that would be affected by the official action, differently from other like business entities, persons, or interests;
(3) benefiting financially from a close economic association with a person who is lobbying or has employed a lobbyist to influence an official action;
(4) soliciting, accepting, or agreeing to accept any gift or loan, other than a loan from a commercial lender in the normal course of business, from a person who would be affected by or has an interest in a business entity or person that would be affected by the official action; or
(5) any of the restrictions set forth in § 7-5-101.
(c) Statement of conflict required.
(1) Whenever the County Executive has a conflict of interest in connection with an official action as set forth in subsection (b) or arising under § 7-5-101, the County Executive shall file with the Ethics Commission a sworn statement in accordance with this subsection sufficiently in advance of taking action, or as soon as reasonably possible.
(2) The statement shall describe the circumstances of the apparent or presumed conflict and the official action to which it relates and assert that the County Executive is able to participate fairly, objectively, and in the public interest.
(3) The Ethics Commission shall review the statement prior to the proposed action by the County Executive if possible and advise the County Executive if it concurs in the determination that participation can be allowed. If the Commission is unable to review the statement prior to official action, it shall review the statement to determine if it concurs with the action of the County Executive. If the Ethics Commission does not concur, the Ethics Commission may file a complaint, provide advice, or take other appropriate action.
(d) Written notice of complaint. If a complaint is filed by or with the Ethics Commission relating to the action and disclosure, the Ethics Commission shall immediately provide written notice of the complaint to the County Executive.
(e) Exceptions. Notwithstanding the provisions of § 7-5-101, the County Executive may take official action if:
(1) the County Executive files the statement required by subsection (c); or
(2) participation is allowed by regulation of the Ethics Commission, by opinion of the Ethics Commission, or by another provision of this article.
(f) Open records. All statements filed under subsection (c) are a matter of public record and are subject to § 7-6-107.
(1985 Code, Art. 9, § 5-109) (Bill No. 13-89; Bill No. 95-94; Bill No. 101-97; Bill No. 38-03; Bill No. 80-18)
State Code reference – See General Provisions Article § 5-512 applicable to Maryland General Assembly.