Chapter 19A. Ethics. 1

Article I. General Provisions.

§ 19A-1. Short title.

§ 19A-2. Legislative findings and statement of policy.

§ 19A-3. Conflicts of law.

§ 19A-4. Definitions.

Article II. Administration.

§ 19A-5. Ethics Commission.

§ 19A-6. Authority and duties of Commission; appeal of Commission decisions.

§ 19A-7. Advisory Opinions.

§ 19A-8. Waivers.

§ 19A-9. Investigations.

§ 19A-10. Complaint; Adjudicatory Hearing.

Article III. Conflicts Of Interest.

§ 19A-11. Participation of public employees.

§ 19A-12. Restrictions on other employment and business ownership.

§ 19A-13. Employment of former public employees.

§ 19A-13A. Contractor Conduct.

§ 19A-14. Misuse of prestige of office; harassment; improper influence.

§ 19A-15. Disclosure of confidential information; ex parte communications.

§ 19A-16. Soliciting or accepting gifts.

§ 19A-16A. Political activities of quasi-judicial officials.

Article IV. Financial Disclosure.

§ 19A-17. Who must file a financial disclosure statement.

§ 19A-18. Financial disclosure statement; procedures.

§ 19A-19. Content of financial disclosure statement.

§ 19A-20. Reserved.

Article V. Lobbying Disclosure.

§ 19A-21. Who must register as a lobbyist; exceptions.

§ 19A-22. Certification of authority.

§ 19A-23. How and when to register as a lobbyist.

§ 19A-24. Compensation must not be contingent.

§ 19A-25. Reports by lobbyist to the commission.

§ 19A-26. Public inspection of lobbyist registration documents.

Article VI. Enforcement.

§ 19A-27. Injunctive or other relief; cease and desist orders; voiding official actions.

§ 19A-28. Penalties.

§ 19A-29. Civil recovery.

§ 19A-30. Termination or other disciplinary action; suspension of compensation.

§ 19A-31. Retaining papers and documents.

§ 19A-32. Removal for failure to file financial disclosure statement.

 

Notes

1

Editor's note—Section 3 of 1999 L.M.C., ch. 30, reads as follows:    "Regulations. All personnel regulations in effect when this Act becomes law [March 3, 2000] continue in effect, except that any reference in the regulations to an employee's "spouse" (or equivalent term, such as "widow") or a "spouse's dependent" means "spouse or domestic partner" and "spouse's or domestic partner's dependent", respectively, when that meaning is consistent with this Act. Within 120 days after this Act becomes law [March 3, 2000], the County Executive must submit to the Council, for approval under method (1), amendments to the personnel regulations to implement this Act. In this Section, "employee" includes both active and retired employees."    Section 1 of 1990 L.M.C., ch. 21 amended ch. 19A to read as set out in §§ 19A-1—19A-32. The chapter formerly consisted of §§ 19A-1—19A-27 and was derived from 1983 L.M.C., ch. 1, § 1; 1983 L.M.C., ch. 22, § 23; 1983 L.M.C., ch. 29, § 1; 1983 L.M.C., ch. 33, §§ 1—7, 9; 1984 L.M.C., ch. 24, § 21; 1985 L.M.C., ch. 7, § 1; 1985 L.M.C., ch. 57, § 1.    Editor's note—Chapter 19A and individual sections are cited in Sugarloaf Citizens Assn. v. Gudis, 319 Md. 558, 573 A.2d 1325 (1990). Chapter 19A applied in Sugarloaf Citizens Association v. Gudis, 78 Md.App. 550, 554 A.2d 434 (1989).    Charter references—Ethics generally, § 405 et seq.; code of ethics required, § 410.

Article I. General Provisions.

Sec. 19A-1. Short title.

   This chapter may be cited as the Montgomery County Public Ethics Law. (1990 L.M.C., ch. 21, § 1.)

Sec. 19A-2. Legislative findings and statement of policy.

   (a)   Our system of representative government depends in part on the people maintaining the highest trust in their officials and employees. The people have a right to public officials and employees who are impartial and use independent judgment.

   (b)   The confidence and trust of the people erodes when the conduct of County business is subject to improper influence or even the appearance of improper influence.

   (c)   To guard against improper influence, the Council enacts this public ethics law. This law sets comprehensive standards for the conduct of County business and requires public employees to disclose information about their financial affairs.

   (d)   The Council intends that this Chapter, except in the context of imposing criminal sanctions, be liberally construed to accomplish the policy goals of this Chapter. The Council also intends that this Chapter meet the requirement under state law that the County adopt legislation that is similar to the state public ethics law. (1990 L.M.C., ch. 21, § 1; 1997 L.M.C., ch. 37, §1.)

   Editor’s note-The above section is quoted in Sugarloaf Citizens Assn. v. Gudis, 319 Md. 558, 573 A.2d 1325 (1990) and in Sugarloaf Citizens Association v. Gudis, 78 Md.App. 550, 554 A.2d 434 (1989).

   See County Attorney Opinion dated 12/6/02 discussing whether a public employee may accept an honorarium or other reimbursement of expenses in return for a speech or presentation. See County Attorney Opinion dated 7/8/02 describing the extent to which quasi-judicial officials may engage in political activities.

Sec. 19A-3. Conflicts of law.

   If any other County statute or regulation relating to conflicts of interest, financial disclosure, or lobbying disclosure is more stringent than this law, the more stringent provision applies. (1990 L.M.C., ch. 21, § 1.)