(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)