(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].