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(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.
(a) Any person who is subject to this Chapter must obtain and preserve all documents that are necessary to complete and substantiate any reports, statements, or records required under this Chapter. These documents must be retained for 3 years after the report, statement, or record that involves the documents is filed. These documents must also be available for inspection by the Commission after reasonable notice.
(b) The Commission must retain for 4 years all documents submitted to it. (1990 L.M.C., ch. 21, § 1.)
(a) If a public employee does not file a complete financial disclosure statement when required to under Section 19A-18, the Chief Administrative Officer (for employees in the Executive Branch) or the Executive Director of the Office of the County Council (for employees in the Legislative Branch) may remove the employee from employment with a County agency or from membership on a board, commission or similar body, paid or unpaid. Before an employee is removed for failing to file a financial disclosure statement, the County Attorney must give the employee 30 days notice of the proposed removal. The Chief Administrative Officer and the Executive Director of the Office of the County Council must not remove an employee if the employee files the required financial disclosure statement within the time specified in the notice. This section does not apply to an elected public employee.
(b) In addition to any action taken under subsection (a), the Commission may impose a fine of $2 per day, up to a maximum of $250, against any person who does not file a complete financial disclosure statement on or before the date it is due. Within 30 days after a fine is imposed under this subsection, the person against whom the fine is assessed may file a written request with the Commission to reduce or waive the fine for good cause. (1990 L.M.C., ch. 21, § 1; 2010 L.M.C., ch. 5, § 1; 2013 L.M.C., ch. 4, § 1; 2018 L.M.C., ch. 3, §1.)