(a) (1) There is an Anne Arundel County Ethics Commission.
(2) The Commission is an independent agency.
(3) Neither the Commission nor any authority, duty or function assigned by this section of the Charter may be abolished, reassigned, transferred or reorganized, except by amendment of this section of the Charter.
(b) (1) The Commission consists of seven members, appointed by the County Executive with the approval of the County Council. The County Council shall hold at least one public hearing prior to approving an appointment to the Commission.
(2) Three of the seven members of the Commission appointed by the County Executive shall be nominated by the County Council.
(3) The County Executive may reject a nominee of the County Council only for cause. If a nominee is rejected, the Council shall submit another individual for appointment to the Commission within 30 days.
(4) No more than four members of the Commission shall be members of the same political party.
(5) The County Council shall hold at least one public hearing prior to approving an appointment to the Commission.
(c) A person is eligible to serve on the Commission if the person:
(1) is a resident of Anne Arundel County;
(2) does not hold and is not a candidate for an elected or appointed office of the federal, state or local governments or a political party;
(3) is not an employee of the federal, state, or local governments or a political party; and
(4) is not required to register as a lobbyist pursuant to any federal, state or local public ethics law.
(d) Other than by voting or making a monetary contribution, no member of the Commission, may:
(1) participate in the campaign of a candidate for elective public office; or
(2) support or oppose a ballot question at any general or special election, except a question directly affecting the Commission.
(e) (1) The term of each Commission member, except the initial appointees, is four years. No member may serve more than two consecutive terms.
(2) Of the seven initial appointees, two shall serve an initial term of one year, two shall serve an initial term of two years, two shall serve an initial term of three years, and one shall serve an initial term of four years.
(3) A member whose term has expired shall hold over until a successor is appointed and approved.
(4) The Commission shall elect annually a chair from among its members. The chair may serve consecutive terms as chair.
(f) Upon the recommendation of the County Executive, the County Council may remove a member of the Commission for:
(1) neglect of duty;
(2) misconduct in office;
(3) any other conduct which, in the opinion of the County Council, renders the person unfit for office; or
(4) any change in status that renders the person ineligible under this section.
(g) Members of the Commission shall receive no compensation for their service, but shall be reimbursed, in accordance with the budget, for reasonable and necessary expenses in the discharge of their official duties.
(h) The Commission shall meet at the call of its chair or a majority of its members. A quorum consists of four or more members. An affirmative vote of at least four members is necessary for any action of the Commission.
(i) (1) The Commission shall have an executive director and a secretary. The Commission may appoint other staff as provided in the budget. All staff serve at the pleasure of the Commission and are not in the merit system. The Commission shall determine whether staff are part-time or full-time.
(2) The Commission may retain legal counsel to advise or represent the Commission.
(3) The County Attorney and the Controller shall assist the Commission at the request of the Commission.
(Res. No. 48-92; Res. No. 31-08; Res. No. 49-12; Res. No. 30-22)
Editor's notes –
The 2008 amendment added the requirement that three of the seven members of the Ethics Commission shall be nominated by the County Council, that the County Executive may reject a nominee only for cause, and that, if a nominee is rejected, the County Council shall submit the name of another nominee within 30 days.
The 2012 amendment limited members of the County Ethics Commission to two consecutive terms of office.
State Code references – General Provisions Article
Establishment (1001(a)) – § 5-201
Members (1001(b))– § 5-202
Qualifications (1001(c), (d)) – § 5-202(b)
Terms (1001(e)) – § 5-202(d)
Removal (1001(f)) – § 5-202(e)
Quorum (1001(h)) – § 5-204(a)
Meetings (1001(h)) – § 5-204(b)
Compensation (1001(g)) – § 5-204(c)
Staff (1001(i)) – § 5-204(d), (e)
(a) There shall be a comprehensive Anne Arundel County Public Ethics Law enacted by ordinance.
(b) The Anne Arundel County Public Ethics Law:
(1) shall contain the provisions required by the Maryland Public Ethics Law;
(3) may contain other provisions; and
(4) must receive the approval of the State Ethics Commission as meeting the local government requirements of the Maryland Public Ethics Law.
(c) The Commission shall review periodically the County Public Ethics Law and propose such amendments as it finds necessary or desirable.
(d) The County Council shall provide the Ethics Commission with a copy of any proposed ordinance or resolution pertaining to County public ethics. The Commission shall review any proposal submitted by the Council and, on or before the thirtieth day after receipt of the proposal, report its findings and recommendations to the County Executive and the County Council. The County Council may not vote on any ordinance or resolution that is subject to this paragraph until it has either received the Commission's report or the time period for submission has expired.
(Res. No. 48-92)
(a) The Anne Arundel County Ethics Commission and its staff shall administer the Anne Arundel County Public Ethics Law.
(b) The Commission shall prescribe and provide forms for the reports, statements, notices and other documents required by the County Public Ethics Law.
(c) The Commission's staff shall review the statements filed in accordance with the County Public Ethics Law and notify persons filing those statements of omissions or deficiencies.
(d) The Commission shall publish and make available explanatory information concerning the provisions of the public ethics law, the duties imposed by it, and the means for enforcing it.
(e) (1) The Commission's staff shall investigate a complaint of a violation of the County Public Ethics Law or, in the absence of a complaint, may inquire into a potential violation and file a complaint if appropriate.
(2) The Commission may hear and decide complaints alleging violations of the County Public Ethics Law.
(3) The Commission or staff, as appropriate, may administer oaths, compel the attendance of witnesses, and require the production of records and other materials in connection with an inquiry, investigation, or hearing conducted by the Commission or its staff.
(f) At the request of any County Official or employee subject to the provisions of the County Public Ethics Law, the Commission shall issue an advisory opinion concerning the application of the law to that person. At the request of any other person, the Commission may issue an advisory opinion concerning the application of the County Public Ethics Law. The Commission shall respond, at least preliminarily, to a request for advisory opinion within two weeks after receipt of the request.
(g) The Commission's staff shall make each advisory opinion available to the public after receipt by the person requesting the opinion. Before an advisory opinion is made public, facts not material to the opinion that may identify the person who is the subject of the opinion shall be deleted to the fullest extent possible.
(h) The County Public Ethics Law may provide for the Commission to have additional authority, duties and functions.
(Res. No. 48-92)
State Code reference – Duties, General Provisions Article, § 5-204 (see also § 7-2-104 of the County Code).
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