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Unless the context clearly indicates otherwise, the following words have the following meanings:
(a) Agency or County agency means:
(1) any department, principal office, or office of the executive or legislative branch of County government;
(2) any board, commission, committee, task force, or similar body appointed by the County Executive or County Council;
(3) the Revenue Authority, the Housing Opportunities Commission, and the Board of License Commissioners;
(4) each independent fire department or rescue squad that receives funds from the County or uses property owned by the County; and
(5) any other public body if the Commission finds that:
(A) the public body is subject to the County's legislative authority to enact an ethics law; and
(B) the policies articulated in section 19A-2 would be significantly furthered by the application of this Chapter to the public body.
(b) Business means any for-profit or non-profit enterprise, including a corporation, general or limited partnership, sole proprietorship, joint venture, association, firm, institute, trust, or foundation. Business does not include a County agency, but includes an independent fire department or rescue squad.
(c) Commission means the Montgomery County Ethics Commission, established under Section 19A-5.
(d) Compensation means any money or thing or value, regardless of form, including the sale or delivery of tangible or intangible property, that an employer pays or agrees to pay for services rendered.
(e) Doing business with means:
(1) being a party with a County agency to a transaction that involves at least $1,000 during a year;
(2) negotiating a transaction with a County agency that involves at least $1,000 during a year; or
(3) submitting a bid or proposal to a County agency for a transaction that involves at least $1,000 during a year.
(f) Employer means any person who pays or agrees to pay compensation for services rendered.
(g) Employment or employ means engaging in an activity for compensation, including the active sale or promotion for sale of intellectual property produced by the public employee, such as books, newspaper, magazine, or journal articles, videos, crafts, and artwork.
(h) Gift means the transfer of anything of economic value, regardless of form, without an exchange of consideration of at least equal value. Gift does not include a transfer regulated by state or federal law governing political campaigns or elections.
(i) Immediate family means spouse and dependent children. A child is a dependent if the child may be claimed as a dependent for federal income tax purposes. For a public employee, immediate family also includes the employee’s domestic partner if the partner is receiving County benefits.
(j) Interest or economic interest means any source of income or any other legal or equitable economic interest, whether or not the interest is subject to an encumbrance or a condition, which is owned or held in whole or in part, jointly or severally, and directly or indirectly. Interest does not include:
(1) an interest in a time deposit or demand deposit in a financial institution or in a money market fund with assets of at least $10,000,000;
(2) an interest in an insurance policy, endowment policy, or annuity contract under which an insurance company promises to pay a fixed number of dollars either in a lump sum or periodically for life or some other specified period;
(3) an interest in a deferred compensation plan that:
(A) has more than 25 participants; and
(B) the Internal Revenue Service has determined qualifies under section 457 of the Internal Revenue Code;
(4) an interest in a common trust fund or a trust that forms part of a pension plan or profit-sharing plan that:
(A) has more than 25 participants; and
(B) the Internal Revenue Service has determined to be a qualified trust or college savings plan under the Internal Revenue Code; or
(5) an interest in a mutual fund, exchange-traded fund, closed-end fund, or unit investment trust that:
(A) has more than 25 participants;
(B) is regulated by the Securities and Exchange Commission; and
(C) the investor does not control the purchase or sale of the individual securities held by the fund.
(k) Lobbying means any attempt to influence any legislative, executive, or administrative action by a County agency.
(l) Lobbyist means any individual or organization who spends money or is compensated to influence legislative, executive, or administrative action by a County agency.
(m) Public employee means:
(1) the County Executive and each member of the County Council;
(2) any person employed by a County agency, including the director of the agency;
(3) any person appointed by the County Executive or County Council to a board, commission, committee, task force, or similar body, whether or not:
(A) the person is compensated for serving on the body; or
(B) the body is permanent or temporary;
(4) any member of the Revenue Authority, the Housing Opportunities Commission, or the Board of License Commissioners; and
(5) any other person providing services without compensation to a County agency if that person:
(A) exercises any responsibility for government-funded programs, procurement, or contract administration for an agency; or
(B) has access to confidential information of an agency that relates to government-funded programs, procurement, or contract administration.
(n) Relative means:
(1) the public employee's siblings, parents, grandparents, children, grandchildren;
(2) the public employee's spouse, or domestic partner receiving County benefits, and the spouse's or partner's siblings, parents, grandparents, children, grandchildren; and
(3) the spouses of these relatives.
(o) Restricted donor means a person or business that:
(1) is registered or must register as a lobbyist under Section 19A-21;
(2) does business with the County agency with which the public employee is affiliated;
(3) is engaged in an activity regulated or controlled by the County agency with which the public employee is affiliated;
(4) has a financial interest that may be substantially and materially affected in a manner distinguishable from the public generally by the performance or nonperformance of the public employee’s duties; or
(5) is an association, or any entity acting on behalf of an association, that is engaged only in representing counties or municipal corporations.
(p) Quasi-governmental entity means an entity that:
(1) is created by the State of Maryland or County law;
(2) performs a public function; and
(3) is supported in whole or in part by the State of Maryland but is managed privately.
(q) Year means calendar year.
(1990 L.M.C., ch. 21, § 1; 1994 L.M.C., ch. 25, § 1; 1997 L.M.C., ch. 37, § 1; 1999 L.M.C., ch. 30, § 2; 2010 L.M.C., ch. 5, § 1; 2015 L.M.C., ch. 38, § 1; 2020 L.M.C., ch. 40
, §1; 2021 L.M.C., ch. 26, § 1; 2022 L.M.C., ch. 33
, §1.)
Editor's note—Section 19A-4, paragraph (n) (the definition of "relative") was quoted in Tyma v. Montgomery County, 369 Md. 497, 801 A.2d
148 (2002).
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.
2020 L.M.C., ch. 40, § 2, states: Name. This Act must be known as the Public Accountability and County Transparency (PACT) Act.
(a) Creation. The Montgomery County Ethics Commission is established. The Commission has 5 members. Each Commission member is appointed by the County Executive and confirmed by the Council.
(b) Composition; Qualifications for Membership. Each member of the Commission must meet the following qualifications:
(1) The member must reside in the County and be registered to vote in the County.
(2) During the member's term of office, the member must not:
(A) hold or be a candidate for any state, County or local elected or appointed office;
(B) be an employee of:
(i) the state;
(ii) a political subdivision of the state; or
(iii) a public body created by the state or a political subdivision of the state;
(C) be an employee or officer of a political party;
(D) participate (except by voting or contributing money) in any state, County, or local political campaign;
(E) participate (except by voting or contributing money) in support of or opposition to any question placed on the ballot by state, County, or local government, except a question that directly affects the Commission; or
(F) be a lobbyist.
(3) No more than 3 members may be registered to vote in primary elections of the same political party.
(c) Term. Commission members serve for a term of 4 years. The terms of no more than 2 members may expire in any one year. Any vacancy must be filled only for the remainder of the unexpired term. A Commission member serves until the Council confirms a successor unless the member resigns before a successor is confirmed.
(d) Chair. The Commission must select a chair annually. The Commission may select other officers annually as it finds appropriate.
(e) Removal.
(1) The Council or the County Executive may initiate the removal of a Commission member for:
(A) neglect of duty;
(B) misconduct in office;
(C) disability that renders the member unable to perform the duties of office; or
(D) violation of law.
(2) The Council or the County Executive must give the member written notice of the reason for the removal. The member is entitled to a hearing held under Chapter 2A. If the County Executive initiates the removal, the hearing must be held by the Council or a hearing officer designated by the Council. If the Council initiates the removal, the hearing must be held by the County Executive or a hearing officer designated by the Executive.
(3) A member is removed if the Council and the County Executive concur in removal.
(4) If the County Executive does not approve a removal within 14 days after the Council votes to remove a member, the Council may remove the Commission member without the approval of the County Executive by a vote which would be sufficient to enact legislation over the disapproval of the Executive under Section 208 of the Charter. The Council must take this action within 30 days after it first voted to remove the member.
(f) Administrative Support.
(1) The Commission must be allocated merit system staff, separate office space, equipment, and supplies within the limits of the Commission's appropriations. Commission staff serve at the Commission’s direction to perform duties assigned by the Commission. The Commission must appoint a staff director/chief counsel to perform duties assigned by the Commission, and may remove the staff director/chief counsel. Subject to the general supervision of the Commission, the staff director/chief counsel must appoint and supervise and may remove other Commission staff. The appointment, retention, and removal of all Commission staff must be subject to applicable merit system laws and regulations. The staff director/chief counsel must be an attorney licensed to practice law in Maryland, and may advise and represent the Commission without the approval or supervision of the County Attorney.
(2) The Commission may ask the County Attorney to provide an opinion on any legal issue relating to the Commission's duties,
(3) The County Attorney must, on request of the Commission, provide the Commission with legal services. The County Attorney must provide an attorney to prosecute a case before the Commission under Section 19A-10 unless the Commission assigns or retains a different attorney or other staff member to perform that function. An individual attorney in the office of the County Attorney who is assigned to provide general legal advice to the Commission must not be an investigator under Section 19A-9 or prosecute a case before the Commission under Section 19A-10 for one year after the attorney's Ethics Commission assignment ends.
(4) The Commission may retain legal services from persons outside the Office of the County Attorney and without the approval of the County Attorney if:
(A) the Commission finds that obtaining independent legal services is necessary for the Commission effectively to perform its responsibilities; and
(B) the County Council approves the Commission’s decision to select legal counsel and appropriates sufficient funds to cover the cost of the legal services. (1990 L.M.C., ch. 21, § 1; FY 1991 L.M.C., ch. 9, § 1; 1994 L.M.C., ch. 25, § 1; 1997 L.M.C., ch. 37, § 1; 1999 L.M.C., ch. 13, § 1; 2010 L.M.C., ch. 38, § 1.)
Editor’s note—2010 L.M.C., ch. 38, § 3, states, in part: The position of Executive Director of the Ethics Commission is abolished by operation of law on the date that the Commission appoints a staff director/chief counsel, as authorized by County Code Section 19A-5(f), as amended by Section 1 of this Act.
The above section is cited in FOP, Montgomery County Lodge No. 35 v. Mehrling, 343 Md. 155, 680 A.2d 1052 (1996).
See County Attorney Opinion dated 4/13/99-A discussing what should occur when an Ethics Commission member holds over as a result of the Council not having confirmed a newly appointed member.
(a) Authority. The Commission may:
(1) conduct investigations under Section 19A-9;
(2) authorize the issuance of summonses and subpoenas, and administer oaths and affirmations;
(3) impose sanctions under Section 19A-10;
(4) adopt regulations to implement this Chapter under method (2);
(5) extend a deadline for distribution or filing of forms for up to 6 months if the Commission finds that the deadline creates an unreasonable burden. An extension may apply to an individual or a class of individuals. The extension must be in writing. However, the Commission must not extend the time in which a complaint must be filed under Section 19A-10;
(6) conduct public education and information programs regarding the purpose and implementation of this Chapter;
(7) publish opinions under Section 19A-7;
(8) establish procedures to govern the conduct of Commission affairs;
(9) interpret this Chapter and advise persons as to its application; and
(10) require each compensated public employee to attend a Public Ethics training course of at least one hour on the following schedule:
(A) at least once every 3 years for a public employee holding a merit or a non-merit County position who is required to file a financial disclosure statement;
(B) within 30 days after beginning service as County Executive or Councilmember unless the person has attended a training course within 3 years before that date; and
(C) at such times as the Commission determines for:
(i) every other public employee; and
(11) take all other necessary acts to carry out the purposes of this Chapter.
(b) Duties. The Commission must:
(1) prepare and distribute all financial disclosure forms under Article IV and lobbying disclosure forms under Article V;
(2) maintain, as official custodian, forms and records filed under this Chapter;
(3) act on a complaint filed under Section 19A-10;
(4) respond to a request for a waiver under Section 19A-8;
(5) act on a request for other employment approval under Section 19A-12; and
(6) respond to a request for an advisory opinion submitted under Section 19A-7.
(c) Appeals. The subject of a final decision finding a violation by the Commission on a complaint, or a person aggrieved by a final decision on a request for a waiver or request for other employment approval may appeal the decision to the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. An appeal does not stay the effect of the Commission’s decision unless the court hearing the appeal orders a stay. Any party aggrieved by a judgment of the Circuit Court may appeal that judgment to the Court of Special Appeals.
(d) Request for rehearing or reconsideration.
(1) The subject of a final decision of the Commission finding a violation on a complaint or a person aggrieved by a final decision of the Commission on a request for waiver or request for other employment approval may ask the Commission for a rehearing or reconsideration.
(2) A request for rehearing or reconsideration:
(A) must be filed within 30 days after the issuance of the Commission's final decision; and
(B) must state in writing all reasons in support of the request.
(3) The filer of the request must mail or deliver a copy of the request to all parties of record.
(4) A request for rehearing or reconsideration does not stay the effect of the Commission's decision unless the Commission orders otherwise.
(5) A request for rehearing or reconsideration stays the time in which an appeal under subsection (c) may be filed until the Commission takes final action on the request.
(e) Cooperation with Inspector General. The Commission may ask the Inspector General to investigate any matter within the Inspector General’s or the Commission’s jurisdiction, and if the matter is within the Commission’s jurisdiction, to report any findings confidentially to the Commission. The Commission may disclose confidentially to the Inspector General any information it has that the Inspector General reasonably needs to perform statutory duties.
(f) Annual report. The Commission must publish an annual report each year, not later than March 1, summarizing the actions it has taken during the preceding calendar year and describing each waiver it approved and advisory opinion it issued during that year. The report must not mention the names of any individual, unless otherwise properly made public, who was the subject of any action or opinion. (1990 L.M.C., ch. 21, § 1; 1994 L.M.C., ch. 25, § 1; 1997 L.M.C., ch. 37, §1; 2003 L.M.C., ch. 15, § 1; 2021 L.M.C., ch. 4, §1.)
Editor's note—2003 L.M.C., ch. 15, § 2, states: Effective Date. Section 19A-6(c) of the County Code, as amended by Section 1 of this Act, applies to any appeal from an action of the Ethics Commission: (1) pending in the Circuit Court when this Act takes effect [November 6, 2003]; or (2) filed in the Circuit Court after this Act takes effect [November 6, 2003].
(a) Any person subject to this Chapter or Sections 2-109, 11B-51 or 11B-52(a) may ask the Commission for an advisory opinion on the meaning or application of this Chapter or Sections 2-109, 11B-51 or 11B-52(a) to that person. A supervisor or department head may ask the Commission for an advisory opinion about the meaning or application of this Chapter or Sections 2-109, 11B-51 or 11B-52(a) to the employment-related conduct of any public employee supervised by the supervisor or department head. Unless the subject of the opinion authorizes disclosure, the Commission must keep the names of the requesting party and the subject of the opinion confidential.
(b) The Commission must publish each opinion when it is issued unless the Commission finds that the privacy interest of a public employee or other person clearly and substantially outweighs the public's needs to be informed about Commission actions. The Commission at least annually must publish a list of all unpublished opinions, with the reason why each opinion was not published. The Commission must take all reasonable steps consistent with making the opinion useful for public guidance to keep confidential the identity of any person who is affected by the opinion request. (1990 L.M.C., ch. 21, § 1; 1997 L.M.C., ch. 37, §1.)
Editor’s note-The above section is interpreted in Sugarloaf Citizens Assn. v. Gudis, 319 Md. 558, 573 A.2d 1325 (1990).
See County Attorney Opinion dated 7/8/02 describing the extent to which quasi-judicial officials may engage in political activities.
(a) After receiving a written request, the Commission may grant to a public employee or a class of public employees a waiver of the prohibitions of this Chapter and Sections 11B-51 and 11B-52(a) if it finds that:
(1) the best interests of the County would be served by granting the waiver;
(2) the importance to the County of a public employee or class of employees performing official duties outweighs the actual or potential harm of any conflict of interest; and
(3) granting the waiver will not give a public employee or class of employees an unfair economic advantage over other public employees or members of the public.
(b) After receiving a written request, the Commission may waive the prohibitions of subsection 19A-12(b) if it finds that:
(1) the waiver is needed to ensure that competent services to the County are timely and available;
(2) failing to grant the waiver may reduce the ability of the County to hire or retain highly qualified public employees; or
(3) the proposed employment is not likely to create an actual conflict of interest.
(c) After receiving a written request, the Commission may waive the prohibitions of Section 19A-13(b) if it finds that:
(1) failing to grant the waiver may reduce the ability of the County to hire or retain highly qualified public employees; or
(2) the proposed employment is not likely to create an actual conflict of interest.
(d) The Commission may waive the prohibitions of Sections 19A-12 or 19A-13 without making the findings required in subsection (b) or (c) if an employer certifies, and the Commission agrees, that releasing pertinent facts about the proposed other employment is not in the interest of effective law enforcement or the national security of the United States.
(e) The Commission may impose appropriate conditions to fulfill the purposes of this Chapter when it grants a waiver.
(f) Each waiver request must:
(1) be in writing;
(2) be signed under oath by the public employee who applies for the waiver;
(3) disclose all material facts;
(4) show how the employee meets the applicable waiver standard, and
(5) include a statement from the public employee’s agency head (or the Chief Administrative Officer if the employee is not supervised by an agency head) indicating whether the agency head concurs with the waiver request.
(g) The Commission must disclose to the public any waiver that it grants and, on request of any person, must disclose the underlying waiver request and any statement filed under subsection (f)(5) from the employee’s agency head or the Chief Administrative Officer. If the Commission denies a request for a waiver, the Commission may publish its response as an advisory opinion under Section 19A-7(b). But the identity of any public employee who applies for a waiver must be kept confidential until the waiver is granted. The Commission may reveal the identity of any public employee who applies for a waiver that is not granted if:
(1) the public employee authorizes public disclosure; or
(2) the Commission has reasonable cause to believe that the public employee has engaged in the conduct for which the waiver was sought.
(h) After giving the public employee notice and an opportunity to respond, the Commission may revoke any waiver if it finds that the public employee who applied for the waiver did not disclose a material fact in the waiver request.
(i) The Commission must include the pertinent facts in each waiver.
(j) The Commission must promptly notify the State Ethics Commission, the Chief Administrative Officer, and the Council when it waives any prohibition of this Chapter for any class of public employees. (1990 L.M.C., ch. 21, § 1; 1997 L.M.C., ch. 37, § 1; 2010 L.M.C., ch. 5, § 1; 2016 L.M.C., ch. 2, § 1.)
Editor’s note-The above section is cited in FOP, Montgomery County Lodge No. 35 v. Mehrling, 343 Md. 155, 680 A.2d 1052 (1996).
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