(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.