§ 34.08 PROHIBITED CONDUCT AND CONFLICTS OF INTEREST.
   Carroll County officials and employees will not:
   (A)   Participation prohibitions. Except as permitted by Ethics Commission regulation or opinion, an official or employee may not participate in:
      (1)   Except in the exercise of an administrative or ministerial duty that does not affect the disposition or decision of the matter, any matter in which, to the knowledge of the official or employee, the official or employee, or a qualified relative of the official or employee has an interest.
      (2)   Except in the exercise of an administrative or ministerial duty that does not affect the disposition or decision with respect to the matter, any matter in which any of the following is a party:
         (a)   A business entity in which the official or employee has a direct financial interest of which the official or employee may reasonably be expected to know;
         (b)   A business entity for which the official, employee, or a qualified relative of the official or employee is an officer, director, trustee, partner, or employee;
         (c)   A business entity with which the official or employee or, to the knowledge of the official or employee, a qualified relative is negotiating employment or has any arrangement concerning prospective employment;
         (d)   If the contract reasonably could be expected to result in a conflict between the private interests of the official or employee and the official duties of the official or employee, a business entity that is a party to an existing contract with the official or employee, or which, to the knowledge of the official or employee, is a party to a contract with a qualified relative;
         (e)   An entity doing business with the county in which a direct financial interest is owned by another entity in which the official or employee has a direct financial interest, if the official or employee may be reasonably expected to know of both direct financial interests; or
         (f)   A business entity that:
            1.   The official or employee knows is a creditor or obligee of the official or employee or a qualified relative of the official or employee with respect to a thing of economic value; and
            2.   As a creditor or obligee, is in a position to directly and substantially affect the interest of the official or employee or a qualified relative of the official or employee.
      (3)   A person who is disqualified from participating under § 34.08(A)(1) or (2) shall disclose the nature and circumstances of the conflict and may participate or act if:
         (a)   The disqualification leaves a body with less than a quorum capable of acting;
         (b)   The disqualified official or employee is required by law to act; or
         (c)   The disqualified official or employee is the only person authorized to act.
      (4)   A former local lobbyist who becomes a county official or employee may not participate in a case, contract or other specific matter for one calendar year after terminating their local lobbying registrations if they previously assisted or represented another party in the matter. This does not apply to uncompensated or minimally compensated (less than about $12,000.00) board/commission members or elected officials.
      (5)   The prohibitions of division (A)(1) and (2) of this section do not apply if participation is allowed by regulation or opinion of the Ethics Commission.
   (B)   Except as permitted by regulation of the Ethics Commission when the interest is disclosed or when the employment does not create a conflict of interest or appearance of conflict, an official or employee may not:
      (1)   Be employed by or have a financial interest in any entity:
         (a)   Subject to the authority of the official or employee or the county agency, board, or commission with which the official or employee is affiliated; or
         (b)   That is negotiating or has entered a contract with the agency, board or commission with which the official or employee is affiliated; or
         (c)   Hold any other employment relationship that would impair the impartiality or independence of judgment of the official or employee.
      (2)   This prohibition does not apply to:
         (a)   An official or employee appointed to a regulatory or licensing authority pursuant to a statutory requirement that persons subject to the jurisdiction of the authority be represented in appointments to the authority;
         (b)   Subject to other provisions of law, a member of a board or commission in regard to a financial interest or employment held at the time of appointment, provided the financial interest or employment is publicly disclosed to the appointing authority and the Ethics Commission.
         (c)   An official or employee whose duties are ministerial, if the private employment or financial interest does not create a conflict of interest or the appearance of a conflict of interest as permitted and in accordance with regulations adopted by the Ethics Commission; or
         (d)   Employment or financial interests allowed by regulation of the Ethics Commission if the employment does not create a conflict of interest or the appearance of a conflict of interest or the financial interest is disclosed.
   (C)   Represent any party, for a contingent fee, before any county body.
   (D)   Post-employment limitations and restrictions:
      (1)   A former official or employee may not assist or represent any party other than the county for compensation in a case, contract, or other specific matter involving the county if that matter is one in which the former official or employee significantly participated as an official or employee.
      (2)   A former elected official may not assist or represent another party for compensation in a matter that is the subject of legislative action for one calendar year after the elected official leaves office.
   (E)   Prestige of office.
      (1)   May not intentionally use the prestige of their office or public position for their own benefit or that of another or misuse county property, time, resources, or materials. This does not prohibit the performance of usual and customary constituent services by an elected official without additional compensation.
      (2)   An official may not directly or indirectly initiate a solicitation for a person to retain the compensated services of a particular regulated lobbyist or lobbying firm.
      (3)   An official, other than an elected official, or employee may not use public resources or the title of the official or employee to solicit a contribution as that term is defined in the Election Law Article.
      (4)   An elected official may not use public resources to solicit a contribution as that term is defined in the Election Law Article.
   (F)   Confidential information. May not use or disclose confidential information acquired in their official county position for their own benefit or that of another. This prohibition also applies to a former employee or official.
(2004 Code, § 18-8) (Ord. 03-14, passed 7-1-2003; Ord. 2018-02, passed 3-13-2018; Ord. 2021-03, passed 3-11-2021)