COMCOR 19A.14.01 Additional Guidance Concerning Misuse of Prestige of Office; Improper Influence

This Regulation applies to all public employees except as otherwise specified by law. A public employee may request a waiver of these policies by the Commission in accordance with the criteria established in § 19A-8 of the Montgomery County Code.

2.0 A public employee must not intentionally use public office or authority for the employee’s private gain or the private gain of another or to coerce or induce another, including a subordinate, to provide any benefit to the employee or to friends, relatives, or persons with whom the employee is affiliated with in a nongovernmental capacity.

2.1 Use of a Subordinate’s Time – A public employee must not encourage, direct, coerce, or request a subordinate to use official time to perform activities other than those required in the performance of official duties or authorized in accordance with law or regulation.

2.2 Endorsements, Letters of Recommendation – A public employee must not use or permit the use of any authority associated with public office in a manner that could reasonably be construed to imply that the employee’s agency or the County sanctions or endorses the employee’s personal activities or those of another. Letters of recommendation using official title may be issued only in response to a request for an employment recommendation or character reference based upon personal knowledge of the ability or character of an individual with whom the employee has dealt in the course of County employment or whom the employee is recommending for County employment. An employee must not use or permit the use of his or her Government position or title or any authority associated with his or her public office to endorse any product, service or enterprise except:

a. In furtherance of statutory authority to promote products, services or enterprises; or

b. As a result of documentation of compliance with agency requirements or standards or as the result of recognition for achievement given under an agency program of recognition for accomplishment in support of the agency’s mission.

2.3 Teaching, Speaking and Writing – When teaching, speaking, or writing in a personal capacity, the employee may refer to the employee’s official title or position as one of several biographical details when such information is given to identify the employee provided that his title or position is given no more prominence than other significant biographical details. An employee may not focus on Montgomery County policies and practices in a compensated teaching, speaking or writing activity or divulge the specifics of experience as a public employee for private gain.

2.4 Nepotism, Employee Prohibition – A public employee must not appoint, hire, or advocate the advancement of a relative (as that term is defined in the Public Ethics Law) to a County position.

2.5 Nepotism, Employment Prohibition – 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; or

b. Advocates the relative’s employment.

2.6 Representation by Employees of Persons Before the County – A public employee must not:

a. While identifying oneself as a public employee assist or represent another person in any matter before any County agency or employee or in a matter in which the County has an interest; or

b. Receive any gratuity, or any share of or interest in any matter before any County agency or employee, in consideration of assistance in the matter.

2.7 Exceptions to Representation Prohibition – Subsection 2.6 does not apply to:

a. The performance of usual and customary constituent services without additional compensation;

b. A Board, Commission or Committee member with respect to matters before County agencies other than the Board, Commission or Committee on which the member serves unless the member has as a public employee at any time participated personally and substantially through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise in the matter;

c. Assistance to or representation of an employee without compensation in an employment-related matter by an employee other than an elected or appointed employee;

d. Acting as an agent or attorney for, or otherwise representing the employee’s parents, spouse, child, or any person for whom, or for any estate for which, the employee is serving as guardian, executor, administrator, trustee, or other personal fiduciary except—

i. in those matters in which the employee has participated personally and substantially as a public employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or

ii. in those matters which are the subject of the employee’s official responsibility;

e. Giving testimony under oath or making statements required to be made under penalty of perjury or contempt;

f. Any provision of any other Federal, Maryland or County law that authorizes labor-management relations between the County and any labor organization that represents its employees;

g. A public employee who is appointed as a representative to a regulatory or licensing body under a statutory provision that persons subject to the jurisdiction of the body may be represented in appointments to it.

2.8 Acting as a Representative on a Board, Commission, Committee, Task Force or Similar Body – A member of a body who is appointed to the body to represent the viewpoint of a particular industry, business or advocacy group may make recommendations to the body in furtherance of the those interests if: 1) the other members of the body are informed of the member’s representative status; and 2) the member does not participate in a matter if the member knows or reasonably should know that an entity in which the member has an economic interest, including an employment relationship, is a party to a specific matter before the body.