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

(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

(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.

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

(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;

(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.)

Sec. 19A-16. Soliciting or accepting gifts.

(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;

(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.

(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

(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.)

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

(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;

(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;

(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;

(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.

Article IV. Financial Disclosure.

Notes

*Editor's note-A prior County financial disclosure law was upheld in Montgomery County v. Walsh, 274 Md. 502, 336 A.2d 97 (1975), appeal dismissed, 424 U.S. 901, 96 S.Ct. 1091, 47 L. Ed 2d 306.

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

The following persons must file a public financial disclosure statement under oath:

(a) each incumbent and candidate for:

(1) County Executive; and

(2) County Council;

(b) the following public employees:

(1) Chief Administrative Officer and any Deputy or Assistant Chief Administrative Officer;

(2) special assistants to the County Executive;

(3) director and deputy director of each department, principal office, and office in the County government;

(4) any officer holding a position designated by law as a non-merit position;

(5) each Hearing Examiner in the Office of Zoning and Administrative Hearings;

(6) members of the County Board of Appeals;

(7) members of the Commission;

(8) each member of the Fire and Emergency Services Commission, Board of License Commissioners, Revenue Authority, and Housing Opportunities Commission;

(9) members of the Merit System Protection Board;

(10) the Executive Director of the Office of the County Council and the Deputy Director of the Office of the County Council, if any;

(11) each Senior Legislative Analyst, Legislative Analyst, Senior Legislative Attorney, and Legislative Attorney for the County Council;

(12) the Legislative Information Officer for the County Council;

(13) each Senior Legislative Analyst and Legislative Analyst in the Office of Legislative Oversight;

(14) each Legislative Senior Aide III for the County Council;

(15) the Inspector General and the deputy Inspector General;

(16) members of the Police Accountability Board;

(17) members of the Administrative Charging Committee; and

(18) any person who is appointed to serve in an acting capacity in any position listed in the preceding paragraphs while the position is vacant; and

(1) any public employee in the Management Leadership Service;

(2) any paid member of any board, commission, or committee of County government, and any other member of a board, commission, or committee of County government who the Chief Administrative Officer designates; and

(3) any other public employee in the Executive branch of County government designated by the Chief Administrative Officer, and any public employee in the legislative branch of County government designated by the Council Administrator.

(d) In designating other public employees to file financial disclosure statements, the Chief Administrative Officer and Council Administrator respectively should include those employees whose duties and responsibilities are likely to substantially affect private interests and require significant participation through decision or the exercise of significant judgment, and without substantial supervision and review, in taking a government action regarding:

(1) contracting or procurement;

(2) administering grants or subsidies;

(3) land use, planning and zoning;

(4) regulating, licensing or inspecting any business;

(5) other decisions with significant economic impact; and

(6) law enforcement. (1990 L.M.C., ch. 21, § 1; 1994 L.M.C., ch. 25, § 1; 1997 L.M.C., ch. 37, §1; 2000 L.M.C., ch. 35, § 1; 2001 L.M.C., ch. 4, § 1; 2006 L.M.C., ch. 33, § 1; 2009 L.M.C., ch. 5, § 1; 2010 L.M.C., ch. 5, § 1; 2013 L.M.C., ch. 4, § 1; 2015 L.M.C., ch. 38, § 1; 2018 L.M.C., ch. 3, §1; 2022 L.M.C., ch. 33, § 1.)

Editor's note-In Department of Transportation v. Armacost, 311 Md. 64, 532 A.2d 1056 (1987), the court quoted with approval from the opinion in Montgomery County v. Walsh, 274 Md. 502, 523, 336 A.2d 97 (1975), appeal dismissed, 424 U.S. 901, 96 S.Ct. 109-1, 47 L.Ed.2d 306 (1976), which upheld as constitutional the delegation of power to the County Executive to implement by regulation a prior County financial disclosure law containing provisions similar to those currently in §§ 19A-17(a)(4) and 19A-17(b)(7). In Walsh, the court also held that the prior County ethics law met the requirements of the State ethics law and did not violate employees' right to privacy.

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

(a) Each public employee required to file a public financial disclosure statement under Section 19A-17 must file a financial disclosure statement in the system established by the Chief Administrative Officer under subsection (h):

(1) by April 15 of each year if that person was a filer at the end of the previous calendar year, covering the year just ended or;

(2) within 15 days after a public employee begins employment in a position covered by Section 19A-17, covering the prior year and the current year up to the date of filing;

(3) before an employee leaves a position covered by Section 19A-17, unless the employee has taken another position covered by Section 19A-17. The Director of Finance must not issue an employee’s final paycheck until the employee has filed a statement required by this paragraph. Any statement filed under this paragraph must cover the period since the employee’s last filed statement;

(4) before the Council confirms the appointment of any person nominated by the County Executive to hold any office listed in subsection 19A-17(b), covering the prior year and the current year up to the date of filing. Any person required to file a report under this paragraph need not file a report under paragraph (2) unless 90 days has passed since the filing of the report under this paragraph; and

(5) as part of the application for a Council-appointed office listed in subsection 19A-17(b), covering the prior year and the current year up to the date of filing. Any person required to file a report under this paragraph need not file a report under paragraph (2) unless 90 days has passed since the filing of the report under this paragraph.

(b) Each candidate for an office listed in subsection 19A-17(a) must file with the County Board of Elections a financial disclosure statement covering the year prior to the date of filing the candidate’s certificate of candidacy. The statement must be filed with the certificate of candidacy or certificate of nomination. The County Board of Elections must not accept a certificate of candidacy or certificate of nomination unless a financial disclosure statement in proper form has been filed. A statement filed for the prior year under subsection (a) that is available for inspection under subsection (f) satisfies the requirements of this subsection.

(c) If at the end of a calendar year in which a candidacy is pending and no election has occurred, the candidate must file a financial disclosure statement with the County Board of Elections covering the year just ended. The statement must be filed on or before the last day to withdraw a candidacy. A statement filed under subsection (a) on or before the last day to withdraw a candidacy covering the year just ended that is available for inspection under subsection (f) satisfies the requirements of the subsection. The County Board of Elections must notify each candidate of this obligation to file the financial disclosure statement at least 20 days before the last day to withdraw a candidacy. If a statement required under this subsection is overdue and not filed within 8 days after the candidate receives written notice from the County Board of Elections of the failure to file, the candidate is deemed to have withdrawn the candidacy.

(d) The County Board of Elections must not accept a certificate of candidacy or certificate of nomination unless the candidate has filed a financial disclosure statement in proper form.

(e) (1) (A) Any person, other than a candidate for elective office, who is required to file under Section 19A-17, must file a financial disclosure statement in an electronic system set up to receive and administer financial disclosure reports. The filer must certify that each statement was made to the best of the filer’s knowledge and belief.

(B) The Chief Administrative Officer must review each statement for filers in the Executive Branch, and the Council Administrator must review each statement for each filer in the Legislative Branch, to see if the answers are complete.

(C) For departments and offices in the Executive Branch, the Chief Administrative Officer may designate the head of a department or office to review a statement. For offices of the Legislative Branch, the Council Administrator may designate the head of an office to review a statement. A director of a County department or office or the Chief Administrative Officer or the Council Administrator, as appropriate, may designate the deputy director of the department or the chief of a division to review a statement. Each designation must be reported to the Chief Administrative Officer or the Council Administrator, as appropriate, and to the Commission. The reviewer may seek the advice of public employees familiar with the filer’s official responsibilities, including the filer’s supervisor, in evaluating the report under subparagraph (B).

(2) Each reviewer must certify within 30 days that the statement has been completed.

(f) The Commission must make available each statement filed under this Article for examination and copying during normal office hours. The Commission must redact a public employee’s home addresses from a statement that is made available for examination or copying. The Commission may charge reasonable fees and adopt procedures to examine and copy statements.

(g) The Commission must make available the electronic form for filing annual financial disclosure statements by the first business day of each calendar year.

(h) The Chief Administrative Officer must establish and maintain an electronic system to facilitate filing of and public access to financial disclosure statements required under this Article. Any electronic system must report an accurate list of each public employee required to file a statement under Section 19A-17, whether the employee is required to file under subsections 19A-17(a), (b), or (c), and include the employee’s position, necessary contact information, the reviewer, and whether the report is an initial, annual, or final report. This list should be current and correspond to personnel records and records of memberships in boards, committees and commissions. Any electronic system must be able to generate reports upon request of the Chief Administrative Officer, the Council Administrator, or the Commission detailing who is required to file and the current state of compliance by public employees with financial disclosure filing and review requirements under this Article. The Ethics Commission must, upon request, provide the list of employees designated to file financial disclosure reports to the Council. The Commission must make all necessary accommodations for any person who does not have access to the electronic system.

(i) A person must not use any financial disclosure statement required under this Chapter for commercial purposes.

(j) The Commission must retain each financial disclosure statement filed under this Article for 4 years. For each filer filing under subsection 19A-17(a), the retention period must be at least 6 years. (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; 2018 L.M.C., ch. 7, §1; 2021 L.M.C., ch. 4, § 1; 2022 L.M.C., ch. 33, § 1.)

Editor's note— Section 19A-18 is cited in Seipp v. Baltimore City Board of Elections, 377 Md. 362, 833 A.2d 551 (2003).

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