(a) Suspension of disqualification prohibited.
(1) (i) Except as provided in subsection (a)(1)(ii), the disqualification arising under § 7-5-110 may not be suspended if the conflict is direct and personal to the County Councilmember, a member of the County Councilmember's immediate family, or the County Councilmember's employer.
(ii) Subsection (a)(1)(i) does not apply to a vote on the annual operating budget, in its entirety, or the annual capital budget bill, in its entirety.
(2) As to any other conflict in connection with a legislative action, the disqualification arising under § 7-5-101 or § 7-5-110 is suspended if a Councilmember with an apparent or presumed conflict files with the Ethics Commission a sworn statement that describes the circumstances of the apparent or presumed conflict and the legislation or class of legislation to which it relates and asserts that the Councilmember is able to vote and otherwise to participate in action relating to the legislation fairly, objectively, and in the public interest.
(b) Commission review and action. The Ethics Commission shall review the statement prior to the proposed action if possible and advise the member if it concurs in the member's determination that participation can be allowed. If the Commission is unable to review the statement prior to member action, it shall review the statement to determine if it concurs with the action. If the Commission does not concur with the action, the Commission may file a complaint, provide advice, or take other appropriate action.
(c) Written notice of complaint. If a complaint is filed with the Ethics Commission relating to a disqualification that has been suspended by the filing of a statement by a Councilmember, the Ethics Commission shall immediately provide written notice of the complaint to the Councilmember against whom the complaint was filed.
(d) Report required. A Councilmember shall report the following information in writing to the Ethics Commission as soon as the Councilmember becomes aware of it:
(1) the name of any business entity subject to regulation by the County in which the Councilmember and a member of the Councilmember's immediate family, separately or together, have:
(i) the lesser of
1. 10% or more of the capital stock of any corporation; or
2. capital stock of any corporation with a cumulative value of $25,000 or more; and
(ii) any interest in a partnership, limited liability partnership, or limited liability company;
(2) details of any contractual relationship with the County, including the subject matter and the consideration; and
(3) details of any transaction with the County involving a monetary consideration.
(e) Open records. All statements filed under subsection (a) and all reports filed under subsection (d) are a matter of public record and are subject to § 7-6-107.
(1985 Code, Art. 9, § 5-111) (Bill No. 38-03)
State Code reference – Similar to General Provisions Article, § 5-513.