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(a) Each registered lobbyist must file with the Commission, under oath:
(1) a report covering the period from January 1 through June 30, filed by July 31; and
(2) a report covering the period from July 1 through December 31, filed by January 31.
(b) If the lobbyist is not an individual, an authorized officer or agent of the lobbyist must sign the form. Each lobbyist must file a separate report for each individual or organization that compensates the lobbyist.
(c) Each report must include:
(1) a complete and current statement of the information required under Section 19A- 23;
(2) total expenditures on lobbying in each of the following categories:
(A) office expenses;
(B) professional and technical research and assistance;
(C) publications that expressly encourage persons to communicate with public employees;
(D) names of witnesses and the fees and expenses paid to each;
(E) meals and beverages for public employees or their immediate families;
(F) special events, including parties, dinners, athletic events, entertainment, and other functions, to which all members of the Council or the governing body of an agency are invited;
(G) expenses for food, lodging, and scheduled entertainment of public employees given in return for participation in a panel or speaking engagement at a meeting;
(H) other gifts to or for public employees or their immediate families; and
(I) other expenses;
(3) total compensation paid to the lobbyist. If lobbying is only part of the person's employment, compensation means a prorated amount based on the time spent on lobbying compared to the time spent on other employment activities. A prorated amount must be labeled as such; and
(4) the name of each public employee or relative who receives, directly or indirectly, a gift given by a lobbyist or any person acting on behalf of a lobbyist, if the gifts have a total value of at least $50 during the year. The lobbyist must list each gift by the date given, the beneficiary, the amount or value, and the nature of the gift.
(d) Expenses reported in subparagraphs (c)(2)(F) and (G) need not be allocated to individual public employees. However, the lobbyist must specify the date, location, total expenses incurred, and the names of the employees who attended each event.
(e) The Commission may require any lobbyist to submit additional reports or information to fulfill the purposes of this Chapter. (1990 L.M.C., ch. 21, § 1.)
(a) The Commission must maintain all required documents under this Article and make them available to the public for inspection and copying. The Commission may establish procedures and charge reasonable fees.
(b) By September 30 and March 31 each year, the Commission must compute and make available to the public:
(1) a subtotal under each category in paragraph 19A-25(c)(2) for each lobbyist;
(2) a subtotal representing the combined total of subparagraphs 19A-25(c)(2)(E), (F), and (G), for each lobbyist; and
(3) the total amount reported by each lobbyist for lobbying activities during the year.
(c) If any report filed with the Commission contains the name of a public employee or relative as required under paragraph 19A-25(c)(4), the Commission must notify the public employee within 30 days after the report is filed.
(d) After being notified that a public employee's or relative's name appears in a report, the public employee may, within 30 days after receiving the Commission's notice, file a written exception to the inclusion of the name. The Commission must include the exception in its files. (1990 L.M.C., ch. 21, § 1.)
(a) The Commission may ask special counsel appointed under Section 19A-5(f)(4) or the County Attorney to, or the County Attorney may on his or her own initiative, seek injunctive or other appropriate relief to require compliance with this Chapter or Sections 2-109, 11B-51 or 11B-52(a) in a court of competent jurisdiction.
(b) The court may:
(2) void an official action if:
(A) the action arises from or involves the subject matter of a conflict of interest for which no waiver was granted;
(B) the outcome of the official action was substantially affected by the conflict of interest; and
(C) legal action is filed within 90 days after the official action.
(c) The court, after hearing and considering all the circumstances, may grant all or part of the relief sought. However, an official action is not voidable if that action:
(1) appropriates funds;
(2) levies a tax; or
(3) provides for the issuance of bonds, notes, or other evidence of public obligation.
(d) Except as expressly provided otherwise, any remedy specified in this Article may be invoked regardless of whether the Commission has found, after holding a hearing under Section 19A-10(c), that a public employee violated this Chapter. (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.)
Editor's note—In Sugarloaf Citizens Ass'n., Inc. v. Gudis, 78 Md. App. 550, 554 A.2d 434 (1989), aff'd on other grounds, 319 Md. 558, 573 A.2d 1325 (1990), the Court of Special Appeals held that § 19A-22(b) did not create a private right of action to enforce the County ethics law and that the Ethics Commission has primary jurisdiction to hear and investigate complaints of violations of the County ethics law. In Sugarloaf Citizens Assoc., Inc., v. Gudis, 319 Md. 558, 573 A.2d 1325 (1990), the Court of Appeals held that § 19A-22(b) unconstitutionally granted to the judiciary discretionary authority to invalidate an action of the County Council (on the basis of conflict of interest) if the court deemed it in the "public interest" to do so. The court also held § 19A-22(b) to be severable such that the remainder of the County ethics law (§§ 19A-1 through 19A-32) continued in force. Section 19A-22(b) was subsequently renumbered § 19A-27(b) by 1990 L.M.C., ch. 21, without substantive change.
See County Attorney Opinion dated 8/23/02 describing the elements required for a complaint to the Ethics Commission to initiate an investigation.
(a) Unless otherwise indicated, any violation of this Chapter or regulations adopted under it, or any violation of an order of the Commission, is a class A violation.
(b) The County Executive may authorize Commission staff or another County employee to issue a citation for any violation. (1990 L.M.C., ch. 21, § 1; 1997 L.M.C., ch. 37, § 1; 2010 L.M.C., ch. 5, § 1.)
(a) The County may recover damages, property, and the value of anything received by any person in a transaction that violates:
(1) Article III of this Chapter;
(2) Article XII of Chapter 11B; or
(3) Section 2-109.
(b) The County may use a setoff, attachment, garnishment, or any other appropriate legal action or proceeding to recover any amount or property due.
(c) A taxpayer of the County may file a legal action under subsection (a) on behalf of the County if:
(1) the taxpayer files a written demand with the County Attorney to bring an action under subsection (a); and
(2) the County Attorney does not file the action within 60 days after receiving the written demand.
(d) The Court may order that a substantially prevailing party to an action under this Section be reimbursed court costs and litigation expenses, including a reasonable attorney fee. (1990 L.M.C., ch. 21, § 1; 1997 L.M.C., ch. 37, § 1; 2010 L.M.C., ch. 5, § 1.)
If the Commission finds after holding a hearing under Section 19A-10(c) that a public employee has violated this Chapter, the appointing authority may:
(a) terminate employment or take other disciplinary action; and
(b) suspend payment of salary or other compensation until the employee complies with an order of the Commission. (1990 L.M.C., ch. 21, § 1.)
Editor’s note—See County Attorney Opinion dated 12/17/08 discussing the authority and role of the Merit System Protection Board and the role of the County Attorney as legal adviser.
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