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(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.
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
(c) the following public employees, if not already required to file under this Section:
(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.
(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).
(a) Each financial disclosure statement filed under Section 19A-17(a) must disclose the following:
(1) Interests in real property.
(A) The statement must identify each interest in real property, regardless of the property’s location.
(B) For each interest in real property, the statement must include:
(i) the nature of the property, and the location by street address, mailing address, or legal description of the property;
(ii) the nature and extent of the interest held, including any condition or encumbrance on the interest;
(iii) the date when, the manner in which, and the identity of the person from whom the interest was acquired;
(iv) the nature and amount of the consideration given in exchange for the interest or, if the interest was acquired other than by purchase, the fair market value of the interest when it was acquired;
(v) if any interest was transferred, in whole or in part, at any time during the reporting period, a description of the interest transferred, the nature and amount of the consideration received for the interest, and the identity of each person to whom the interest was transferred; and
(vi) the identity of any other person with an interest in the property.
(2) Interests in corporations, partnerships or other businesses.
(A) The statement must list each interest in any corporation, partnership, limited liability partnership, limited liability corporation, sole proprietorship, or other business.
(B) For each interest reported, the statement must specify:
(i) the name and, unless the interest is traded publicly on a national exchange, the address of the principal office of the corporation, partnership, limited liability partnership, limited liability corporation, sole proprietorship, or other business;
(ii) the nature and amount of the interest held, including any condition or encumbrance on the interest;
(iii) for any interest transferred, in whole or in part, at any time during the reporting period, a description of the interest transferred, the nature and amount of the consideration received for the interest, and, if known, the identity of the person to whom the interest was transferred; and
(iv) for any interest acquired during the reporting period:
(1) the date when, the manner in which, and the identity of the person from whom the interest was acquired; and
(2) the nature and amount of the consideration given in exchange for the interest or, if the interest was acquired other than by purchase, the fair market value of the interest when it was acquired.
(C) A filer may satisfy the requirement to report the amount of the interest held under subparagraph (B)(ii) by reporting, instead of a dollar amount:
(i) for an equity interest in a corporation, the number of shares held and, unless the corporation’s stock is publicly traded, the percentage of equity interest held; or
(ii) for an equity interest in a partnership, the percentage of equity interest held.
(3) The Commission may, by method 2 regulation, permit a filer to satisfy the requirement to report the amount of consideration paid or received for an interest in real property, a corporation, partnership, or other business by identifying a category of values established in the regulation.
(4) Gifts.
(A) The statement must list each gift valued at more than $20 or any series of gifts totaling $100 or more received during the reporting period from or on behalf of, directly or indirectly, a restricted donor.
(B) For each gift listed, the statement must specify:
(i) the nature and value of the gift; and
(ii) the identity of the person from whom, or on behalf of whom, directly or indirectly, the gift was received.
(5) Employment with, or interests in, entities doing business with the County.
(A) The statement must identify each office, directorship, and salaried employment by the filer or member of the filer’s immediate family held at any time during the reporting period with any entity doing business with the County.
(B) For each position listed under this Section, the statement must include:
(i) the name and address of the principal office of the business entity;
(ii) the title and nature of the office, directorship, or salaried employment held, and the date it started; and
(iii) the name of each County agency with which the entity is involved, indicated by identifying one or more of the three categories of “doing business”, as defined in Section 19A-4(e).
(6) Indebtedness to entities doing business with the County.
(A) The statement must identify each liability, other than a retail credit account to any person doing business with the County owed at any time during the reporting period by:
(i) the filer; or
(ii) a member of the filer’s immediate family if the filer was involved in the transaction giving rise to the liability.
(B) For each liability reported under this paragraph, the statement must specify:
(i) the identity of the person to whom the liability was owed, and the date the liability was incurred;
(ii) the amount of the liability owed at the end of the reporting period;
(iii) the terms of payment of the liability, and the extent to which the principal amount of the liability was increased or reduced during the year; and
(iv) the security, if any, given for the liability.
(7) Employment with the County. The statement must identify each immediate family member of the filer employed by the County in any capacity at any time during the reporting period.
(8) Sources of earned income.
(A) The statement must list the name and address of:
(i) each employer of the filer, other than the County Government;
(ii) each employer of a member of the filer’s immediate family;
(iii) each business entity of which the filer or a member of the filer’s immediate family was a sole or partial owner and from which the filer or member of the filer’s immediate family received earned income at any time during the reporting period; and
(iv) for an elected official or a non-merit County employee, the source of all fees received from one individual or organization totaling more than $1,000 for services provided by the filer while employed by the County during the reporting period. A filer does not need to include any information with respect to any person for whom services were provided by any firm or association of which the filer was a member, partner, or employee unless the filer was directly involved in providing those services.
(B) The filer need not disclose a minor child’s employment or business ownership if the agency with which the filer is affiliated does not regulate, exercise authority over, or contract with the place of employment or business entity of the minor child.
(C) Unless the source of a fee greater than $1,000 is a restricted donor, a filer subject to subparagraph (A)(iv) does not need to disclose the identity of a source of a fee for services if the source and the filer have a confidential relationship which creates a privilege against testifying under State law. The filer must identify a restricted donor source who has a confidential relationship with the filer confidentially as prescribed by the Commission.
(9) Income for lobbying activity. The statement must list the name and address of any entity that has hired the filer’s spouse to lobby under this Chapter.
(10) The statement may also include any additional interest or information that the filer wishes to disclose.
(11) Relationship with University of Maryland Medical System, state or local government, or quasi-governmental entities.
(A) A filer must disclose any financial or contractual relationship with:
(i) the University of Maryland Medical System;
(ii) a governmental entity of the State of Maryland or of a local government in the State of Maryland; or
(iii) a quasi-governmental entity.
(B) For each financial or contractual relationship reported, the schedule must include:
(i) a description of the relationship;
(ii) the subject matter of the relationship; and
(iii) the consideration.
(C) A public employee, other than an elected official or candidate for elective office, is not required to disclose employment as a public official under this paragraph.
(D) Prior to the release of a statement, the Commission must redact any information concerning consideration disclosed under this paragraph.
(b) For the purposes of subsections (a)(1) and (a)(2), the following interests must be treated as the interests of the filer of the statement:
(1) an interest held by a member of the filer’s immediate family;
(2) an interest held by a relative of the filer, if the filer, at any time during the reporting period, directly or indirectly controlled the interest;
(3) an interest held by a trust or estate in which, at any time during the reporting period:
(A) the filer held a reversionary interest or was a beneficiary; or
(B) if a revocable trust, the filer was a settlor; or
(4) An interest held, at any time during the reporting period, by:
(A) a business entity in which the filer held a 10% or greater interest;
(B) a business entity under subparagraph (A) of this subsection in which the business entity held a 25% or greater interest;
(C) a business entity under subparagraph (B) of this subsection in which the business entity held a 50% or greater interest; and
(D) a business entity in which the filer directly or indirectly, through an interest in one or a combination of other business entities, holds a 10% or greater interest.
(c) Each statement filed under Sections 19A-17(b) and 19A-17(c) must disclose all information required to be disclosed under subsection (a). However, the filer need not specify the nature or amount of consideration given in exchange for an interest or the fair market value of an interest. For a debt, the filer need only disclose the information required under subsection (a)(6)(A).
(d) For each disclosure of the name of a business in a statement filed under this Article, the filer must also disclose any other names that the business is trading as or doing business as. (1990 L.M.C., ch. 21, § 1; 1994 L.M.C., ch. 25, § 1; 1994 L.M.C., ch. 28, § 1; 2001 L.M.C., ch. 4, § 1; 2015 L.M.C., ch. 38, § 1; 2016 L.M.C., ch. 2, § 1; 2018 L.M.C., ch. 7, §1; 2020 L.M.C., ch. 40, § 1; 2022 L.M.C., ch. 33, § 1.)
Editor’s note—2020 L.M.C., ch. 40, § 2, states: Name. This Act must be known as the Public Accountability and County Transparency (PACT) Act.
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