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(a) A former public employee must not work on or otherwise assist any party, other than a County agency, in a case, contract, or other specific matter if the employee significantly participated in the matter as a public employee.
(b) For one year after the effective date of termination from County employment, a former public employee must not enter into any employment understanding or arrangement (express, implied, or tacit) with any person or business if the public employee significantly participated during the previous 3 years:
(1) in regulating the person or business; or
(2) in any procurement or other contractual activity concerning a contract with the person or business (except a non-discretionary contract with a regulated public utility).
(c) Significant participation means making a decision, approval, disapproval, recommendation, rendering of advice, investigation, or similar action taken as an officer or employee. Significant participation ordinarily does not include program or legislative oversight, or budget preparation, review, or adoption.
(d) A person serving as County Executive or Councilmember must not engage in lobbying to influence a legislative action for which lobbying registration would be required under this Chapter for one calendar year after leaving office except to represent a municipal corporation, a county, or a State government entity. (1990 L.M.C., ch. 21, §1; 2003 L.M.C., ch. 5, § 1; 2016 L.M.C., ch. 2, § 1; 2018 L.M.C., ch. 7, §1.)
Editor's note—See County Attorney Opinion No. 95.002 dated 5/17/95 explaining that a member of the retirement plan who retires under the retirement incentive plan may participate in a County contract awarded under the procurement process.
2003 L.M.C., ch. 20, § 2, states: Timetable; transition.
(a) The first resolution adopted under Section 2-119(a), inserted by Section 1 of this Act, must take effect on July 1, 2004. Any corporation that seeks to be designated as the local management board must submit proposed articles of incorporation and bylaws to the County Executive and County Council for review and comment by May 1, 2004.
(b) By February 1, 2004, the Director of the Department of Health and Human Services must submit to the Executive and Council a local management board transition plan to address such issues as financial oversight during a transition; modification of service contracts to assure that services to children and families are not disrupted; and transition of affected employees.
(c) Notwithstanding any inconsistent provision of County Code Section 19A-13, a person employed by the Department of Health and Human Services before July 1, 2004, may be employed by a corporation after it is designated as the local management board, and if so employed may immediately work on any matter that the person significantly participated in as a Department employee.
2003 L.M.C., ch. 5, § 2, states: Applicability. Section 19A-13, as amended by Section 1 of this Act, applies to any public employee who leaves public employment after this Act takes effect [July 11, 2003].
(a) For purposes of this Section, the terms agency or County agency do not include agencies or County agencies that are subject to Section 11B-52.
(b) Unless authorized by law, or by the Ethics Commission under this Chapter, a person while engaged in a procurement matter with an agency or County agency must not employ or offer to employ a public employee if the duties of the public employee include significant participation in the procurement matter. (2022 L.M.C., ch. 33, §1.)
(a) Unless expressly authorized by regulation or as may be permitted under Section 19A-16, a public employee must not intentionally use the prestige of office for private gain or the gain of another. Performing usual and customary constituent services, without additional compensation, is not prohibited by this subsection.
(b) Unless expressly authorized by the Chief Administrative Officer, a person must not use an official County or agency title or insignia in connection with any private enterprise.
(c) A public employee must not use any County agency facility, property, or work time for personal use or for the use of another person, unless the use is:
(1) generally available to the public; or
(2) authorized by a County law, regulation, or administrative procedure.
(d) (1) A public employee must not appoint, hire, or advocate the advancement of a relative to a position that is under the jurisdiction or control of the public employee.
(2) A relative of a public employee must not be employed in a position if the public employee:
(A) would exercise jurisdiction or control over the position; and
(B) advocates the relative’s employment.
(e) A public employee must not intimidate, threaten, coerce or discriminate against any person for the purpose of interfering with that person's freedom to engage in political activity.
(f) A person must not influence or attempt to influence a public employee to violate this Chapter.
(g) (1) A public employee must not with respect to a particular matter represent another person, or provide advice to another person that would qualify as an expert opinion in a court, if:
(A) a County agency or the County is a party to the matter and the person being assisted has a position adverse to the County agency or the County; or
(B) the County agency or the County has a direct and substantial interest in the matter that is adverse to the interests of the person being assisted.
(2) This subsection does not apply to a public employee who renders assistance to:
(A) another public employee if the matter involves a personnel action;
(B) a member of the public employee’s immediate family if the public employee renders the assistance without compensation; or
(C) a person for whom the public employee serves as a guardian, trustee or other personal fiduciary.
(3) This subsection does not apply to:
(A) a public employee while carrying out the employee’s official duties; or
(B) a member of a board, committee or commission if:
(i) the member is not compensated by the County;
(ii) the matter does not relate to the responsibilities of the board, committee or commission; and
(iii) the board, committee or commission solely performs an advisory function.
(4) In this subsection "represent" means to act on behalf of another person, and includes acting as an agent or attorney for the other person. (1990 L.M.C., ch. 21, § 1; 1994 L.M.C., ch. 25, § 1; 1997 L.M.C., ch. 37, §1; 2015 L.M.C., ch. 38, § 1.)
Editor’s note—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 8/23/02 describing the elements required for a complaint to the Ethics Commission to initiate an investigation. See County Attorney Opinion dated 7/8/02 describing the extent to which quasi-judicial officials may engage in political activities. See County Attorney Opinion dated 8/11/00 explaining that an elected official running for office must devote “official” time to official duties. See County Attorney Opinion dated 4/21/00 explaining that conducting union business on County property does not violate the ethics law, because union business is public, not personal.
(a) Except when authorized by law, a public employee or former public employee must not disclose confidential information relating to or maintained by a County agency that is not available to the public. A public employee or former public employee must not use confidential information for personal gain or the gain of another. Unless expressly prohibited by law, a public employee may disclose validly obtained confidential information to another public employee if the other public employee reasonably needs the information to carry out the employee’s official duties.
(b) (1) A public employee decision-maker must not consider any communication made outside of the record regarding any matter that must be decided on the basis of a record after an application is filed or a proceeding is otherwise initiated.
(2) Except as otherwise expressly authorized by law, any public employee decision maker, and any public employee who directly advises a decision maker, must not:
(A) initiate or participate in any communication outside the record with any person regarding a matter that must be decided on the basis of a record; or
(B) conduct an independent investigation of any fact related to a matter that must be decided on the basis of a record.
(3) The recipient of any communication made outside the record, including advice rendered by officials or staff of another government agency, must promptly enter that communication in the record. If the communication was oral, the recipient must write down the substance of the communication and enter it into the record. The decision-making body may consider any communication made outside of the record if all parties are given a reasonable opportunity to respond.
(4) This subsection does not restrict a communication that consists solely of:
(A) advice rendered to a decision-maker by an attorney employed or retained by the decision-maker’s agency;
(B) advice rendered to a decision-maker by appropriate officials or staff of the decision-maker’s agency;
(C) a procedural question that does not involve the substance of facts in a record; and
(D) discussions between members of a decision-making body. (1990 L.M.C., ch. 21, § 1; 1994 L.M.C., ch. 25, § 1; 1997 L.M.C., ch. 37, § 1; 2010 L.M.C., ch. 4, § 1.)
Editor’s note—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 8/23/02 describing the elements required for a complaint to the Ethics Commission to initiate an investigation.
(a) Except as permitted by Subsection (b) or by Commission regulation, a public employee must not solicit any gift to the employee or for another person from a restricted donor or another public employee. In addition, a public employee must not solicit a gift from any person to the employee or another person:
(1) during official work hours, or at a County agency;
(2) while wearing all or part of an official uniform of a County agency, or while otherwise identifiable as a public employee; or
(3) with the intent of affecting or offering to affect any action by a County agency.
(b) A public employee may solicit a gift:
(1) from a public employee for a charitable drive that is approved by the County Executive or (for public employees of the legislative branch) the President of the Council, when the solicitation is part of the public employee’s official duties;
(2) from any person to a charitable organization, as defined in the state law regulating public charities, or a municipality, if the public employee does not solicit gifts primarily from a restricted donor or from other employees who are supervised directly or indirectly by the public employee;
(3) from any person, during official work hours, while identifiable as a public employee, or at a County agency, for the benefit of a County agency or a nonprofit organization formally cooperating on a program with a County agency if the solicitation is authorized by the County Executive or (for public employees of the legislative branch) the President of the Council in an order printed in the County Register that designates:
(A) the public employee authorized to solicit the gift;
(B) the purpose for which the gift is sought;
(C) the manner in which the gift may be solicited;
(D) the persons or class of persons from whom gifts may be solicited; and
(E) the type of gifts that may be solicited;
(4) while wearing all or part of a uniform of the corporation, to a nonprofit fire or rescue corporation of which the public employee is a member; or
(5) from any person to a charitable organization, as defined in the state law regulating public charities, while identifiable as an elected official, if the employee lists in a supplement to each annual financial disclosure statement each organization to which the employee solicited a contribution during that year.
(c) A public employee must not knowingly accept a direct or indirect gift from a restricted donor.
(d) Subsection (c) does not apply to:
(1) meals and beverages consumed in the presence of the restricted donor or sponsoring entity at a function attended by at least 20 persons or, if fewer than 20 persons attend, meals and beverages consumed in the presence of the restricted donor or sponsoring entity which do not exceed $50 in value from the same source in any calendar year;
(2) ceremonial gifts or awards that have insignificant monetary value;
(3) unsolicited gifts, except for cash or cash equivalents, that do not exceed $20 in cost;
(4) reasonable expenses for food, travel, lodging, and scheduled entertainment of the public employee, given in return for the public employee's participation in a panel or speaking at a meeting;
(5) a gift to an elected official, if the gift:
(A) is a courtesy extended to the office;
(B) consists of tickets or free admission for the elected official and one guest to attend a charitable, cultural, civic, labor trade, or political event attended by at least 20 participants, including meals and beverages served at the event; and
(C) is provided by the person sponsoring the event.
(6) any item that is solely informational or of an advertising nature, including a book, report, periodical, or pamphlet, if the resale value of the item is $20 or less;
(7) gifts from a relative;
(8) honoraria for speaking to or participating in a meeting if the offering of the honorarium is not related to the employee’s official position and is unsolicited; or
(9) a specific gift or class of gifts which the Commission exempts from this Section after finding in writing that accepting the gift or class of gifts is not detrimental to the impartial conduct of the business of a County agency.
(e) Subsection (c) does not apply to unsolicited gifts to a County agency.
(f) A public employee who receives a gift that the public employee must not accept under this Section must report the gift to the Commission, if otherwise required to report it, and return the gift to the donor or transfer the gift to the County. If the unacceptable gift is a perishable item, the employee, instead of transferring the gift to the County, may transfer it to a charitable or educational organization that can make timely and effective use of the gift, so long as the employee is not an officer, director, trustee, partner, or employee of the receiving organization. (1990 L.M.C., ch. 21, § 1; 1994 L.M.C., ch. 25, § 1; 1997 L.M.C., ch. 37, § 1; 2010 L.M.C., ch. 5, § 1; 2015 L.M.C., ch. 38, § 1; 2021 L.M.C., ch. 4, § 1.)
Editor’s note—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. See County Attorney Opinion dated 12/14/98 addressing the creation of “Friends of Recreation” for revenue-raising activities.
(a) A County quasi-judicial official must not:
(1) solicit or accept from a person within the official’s jurisdiction a financial contribution for any political candidate, political organization or ballot question (other than a ballot question which directly affects the official’s agency); or
(2) solicit from a person within the official’s jurisdiction an endorsement of or opposition to a political candidate.
(b) In this Section:
(1) County quasi-judicial official means:
(A) a member or alternate member of the Animal Matters Hearing Board;
(B) a member of the County Board of Appeals;
(C) a member of the Board of Electrical Examiners:
(D) a member of the Board of Registration;
(E) a member or alternate member of the Commission on Landlord-Tenant Affairs;
(F) a voting member of the Commission on Common Ownership Communities;
(G) a member of the Ethics Commission;
(H) a member of a case review board of the Human Rights Commission;
(I) a member of the Merit System Protection Board;
(J) a member of the Sign Review Board;
(K) a member of the Historic Preservation Commission;
(L) a member of the Contract Review Committee;
(M) the Chief Administrative Officer;
(N) a hearing examiner in the Office of Zoning and Administrative Hearings;
(O) any Public Hearing Officer in the Office of the County Executive; and
(P) a member of the Cable Compliance Commission.
(2) Political organization means;
(A) an “authorized candidate campaign committee” as defined in the state election law;
(B) a “partisan organization” as defined in the state election law;
(C) a “political committee” as defined in the state election law;
(D) a “political action committee” as defined in the state election law; and
(E) a “political party” as defined in the state election law.
(3) Candidate has the same meaning as in the state election law.
(4) Person within the official’s jurisdiction means an individual who:
(A) is registered, or is required to register, as a lobbyist on a matter that is or could be considered by the official;
(B) owns or operates a business that is regulated by the official;
(C) does business with or has a matter pending before the official’s agency; or
(D) has an identifiable economic interest, different from that of the general public, that the official may substantially affect in performing the official’s duties. (2001 L.M.C., ch. 23, § 1; 2003 L.M.C., ch. 15, § 1; 2009 L.M.C., ch. 5, § 1.)
Editor’s note—See County Attorney Opinion dated 7/8/02 describing the extent to which quasi-judicial officials may engage in political activities.
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