(a) Disqualification. A member of the Board may not participate in any matter or proceeding before the Board, except in the exercise of an administrative or ministerial duty which does not affect the disposition or decision with respect to that matter, if, to the member's knowledge, the member or the member's spouse, or any relative of the member or the member's spouse within the third degree of consanguinity, or the spouse of any such relative, has an interest therein as that term is defined in § 7-1-101 of the Anne Arundel County Code or if any of the following is a party thereto:
(1) any business entity in which the member has a direct financial interest as that term is defined in § 7-1-101 of the Anne Arundel County Code of which the member may reasonably be expected to know;
(2) any business entity of which the member is an officer, director, trustee, partner, or employee, or in which the member knows any of the above-listed relatives has such interest;
(3) any business entity with which the member or, to the member's knowledge, any of the above-listed relatives is negotiating or has any arrangement concerning prospective employment;
(4) any business entity which is a party to an existing contract with the member or which the member knows is a party to a contract with any of the above-named relatives, if the contract could reasonably be expected to result in a conflict between the private interests of the member and the member's official County duties;
(5) any entity, either engaged in a transaction with the County or doing business with the County, in which a direct financial interest is owned by another entity in which the member has a direct financial interest if the member may reasonably be expected to know of both financial interests;
(6) any business entity which the member knows is the member's creditor or obligee, or that any of the above-named relatives, with respect to a thing of economic value and which, by reason thereof, is in a position to affect directly and substantially the interest of the member or any of the above-named relatives.
(b) Disclosure of ex parte communications or special knowledge. A member of the Board shall reveal on the record any ex parte communications or special knowledge concerning a matter before the Board.
(c) Disqualification. A member of the Board may choose to determine his or her disqualification for bias, conflict of interest, or for other good cause. Upon doing so, that member shall be prohibited from participating in any further proceedings relating to the case. If a Board member's participation in the case is challenged by a party to the appeal for alleged bias, conflict of interest, or other good cause, and if the member declines to disqualify himself or herself, the remaining Board members participating in the appeal shall decide by majority vote whether or not the member shall be disqualified.
(d) Complaints. Whenever a complaint against a member of the Board is filed pursuant to § 3-1-103 of the Anne Arundel County Code, the following procedures shall apply:
(1) The Clerk shall notify all members of the Board that an affidavit has been filed charging a member of the Board with a violation of the Anne Arundel County Code or of these rules. No information about the allegations, the contents of the affidavit, or the fact that it has been filed may be released to any person other than the individual filing the affidavit, the Board members, and the attorney to the Board. After a hearing has been scheduled before the County Council, the Clerk may release the contents of the affidavit and the fact that it has been filed. No other information may be released.
(2) During the confidential meeting of the Board to discuss the allegation, only the complainant, Board members, Clerk to the Board, and attorney to the Board may be present. The Board shall hear from the complainant and from the member or members against whom the allegation was made. The meeting may be conducted in an informal manner, in the discretion of the Board member chairing the meeting.
(3) If at least four Board members determine that there is a reasonable belief that there has been a violation as alleged, the Board shall transmit the affidavit, any pertinent documents relating to the allegation, and the minutes of the confidential meeting to the County Council for a public hearing on the merits of the complaint. If the Board does not determine that there is a reasonable belief that there has been a violation, the matter shall be considered closed and no information regarding the allegation may be released to the public.
(Bill No. 53-86; Bill No. 99-93)