Subtitle 6 – Conflicts of Interest

In this subtitle, the following terms have the meanings indicated.

“Disqualifying relative”, as applied to an individual, means that individual’s spouse, parent, child, or sibling.

In this section, “business entity” does not include Baltimore City or any instrumentality, unit, or agency of Baltimore City.

Except as otherwise provided in this Part II, a public servant may not participate in and must disqualify himself or herself from any matter if:

Except as otherwise provided in subsection (b) of this section, a former lobbyist who is or becomes subject to regulation under this subtitle as an official may not participate in a case, contract, or other specific matter as an official for 1 calendar year after the termination of the former lobbyist’s registration if the former lobbyist previously assisted or represented another party for compensation in that case, contract, or other specific matter.

This section does not apply to a former lobbyist who is an official only as a member of a board.

The prohibitions in <cite data-path="|8|§6-6">§ 6-6 {“Prohibited participation”} of this subtitle</cite> do not apply to the extent that participation in a matter is expressly allowed:

The prohibitions in <cite data-path="|8|§6-6">§ 6-6 {“Prohibited participation”} of this subtitle</cite> do not prohibit the exercise of a ministerial duty that does not affect the disposition of or any decision relating to the matter involved.

Subject to subsection (b) of this section, a public servant who otherwise would be disqualified under <cite data-path="|8|§6-6">§ 6-6 {“Prohibited participation”} of this subtitle</cite> may nonetheless participate in a matter if:

the City has an economic or programmatic interest in the entity; and

the public servant:

be employed by or have a financial interest in any person that is subject to the authority of that public servant or of the City agency with which the public servant is affiliated;

be employed by or have a financial interest in any person that is negotiating or has entered into:

hold any other employment relationship that would impair the impartiality and independent judgment of the public servant.

in the case of employment, the employment does not create a conflict of interest or the appearance of a conflict of interest; and

in the case of a financial interest, the interest is disclosed in the manner required by the rule or regulation.

The prohibitions in <cite data-path="|8|§6-11">§ 6-11 {“Prohibited interests”} of this subtitle</cite> do not apply to a board member who holds the employment or financial interest at the time of his or her appointment, if that employment or financial interest is publicly disclosed to the appointing authority, the Ethics Board, and, if applicable, the City Council before confirmation.

The disclosure must be made by an affidavit, under penalties of perjury, in the form that the Ethics Board requires.

Subject to subsection (b) of this section, the Ethics Board may exempt a public servant from the prohibitions of <cite data-path="|8|§6-11">§ 6-11 {“Prohibited interests”} of this subtitle</cite> or modify the applicability of those prohibitions to a public servant if the Board determines that failure to grant the exemption or modification would limit the City’s ability to:

an elected official from appearing, without compensation, before any City agency or legislative body on behalf of constituents or in the performance of any public, official, or civic obligation or duty;

a public servant from accepting or receiving any benefit or facility that is provided for or made available to citizens or residents under any housing or other general welfare legislation or in the exercise of the police power, but only if the public servant does not exercise any responsibility or authority with respect to authorizing that benefit or facility for himself or herself; or

a public servant from entering into a contract with the City for the City’s acquisition of real property, if:

After leaving office or terminating employment, a former public servant may not assist or represent a party, other than the City, in a case, contract, or other specific matter for compensation if:

Except as permitted under subsection (b) of this section, a public servant may not solicit or facilitate the solicitation of a gift, whether on the public servant’s own behalf or on behalf of another person.

The prohibition in subsection (a) of this section does not apply to a solicitation if:

does or seeks to do business of any kind, regardless of amount:

engages or seeks to engage in an activity that is regulated or controlled by the public servant’s agency;

is or, within the preceding 12 months, has been a lobbyist with respect to matters within the jurisdiction of the public servant;

has a financial interest that might be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of the public servant’s official duties;

is an association, or any entity acting on behalf of an association, that is engaged only in representing counties or municipal corporations; or

is an owner, partner, officer, director, trustee, employee, or agent of any person described in items (1) through (4) of this section.

food or beverages received and consumed by the recipient in the presence of the donor or sponsoring entity;

gifts or awards that have insignificant monetary value, as defined by rule or regulation of the Board;

in return for a speaking engagement or participation on a panel at a meeting, reasonable expenses, actually incurred and verifiable, for food, travel, lodging, child or dependant care, and scheduled entertainment of the public servant, but only if:

tickets or free admission given to an elected official to attend a specific charitable, cultural, or political event, if given by the person sponsoring or conducting the event as a courtesy or ceremony to the office;

a specific gift or class of gifts that the Ethics Board exempts on a written finding that acceptance of the gift or class of gifts would not be detrimental to the impartial conduct of City business; or

gifts from a spouse, parent, child, or sibling.

the gift would tend to impair the recipient’s impartiality and independent judgment; or

for a gift of significant value, as defined by rule or regulation of the Board:

A public servant may not intentionally use the prestige of his or her office or position for his or her own private gain or that of another.

The performance of usual and customary constituent services, without additional compensation, is not prohibited by this section.

This section applies to:

A person described in subsection (a) of this section may not:

For purposes of this section, the following transactions do not constitute assisting in the drafting of specifications, an invitation for bids, a request for proposals, or a request for qualifications:

In this section, “relative” means:

No elected official may use public funds to employ a relative of that elected official or of any other elected official.