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<section number="2-293" name="Prohibited conduct and interests" law="code" slug="sec-2-293" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV17COET_S2-293PRCOIN">
  <level label="a">
    <text>Participation Prohibitions. Except as permitted by Board regulations or opinion, an official or employee may not participate in:</text>
    <level label="1">
      <text>Any matter, except in the exercise of an administrative or ministerial duty which does not affect the disposition or decision with respect to that matter, if, to their knowledge, they, their spouse, parent, child, brother, or sister has an interest therein.</text>
    </level>
    <level label="2">
      <text>Any matter, except in the exercise of an administrative or ministerial duty which does not affect the disposition or decision with respect to the matter, when any of the following is a party thereto:</text>
      <level label="A">
        <text>Any business entity in which he has a direct financial interest of which he may reasonably be expected to know;</text>
      </level>
      <level label="B">
        <text>Any business entity of which he is an officer, director, trustee, partner, or employee, or in which any of the above-listed relatives has this interest;</text>
      </level>
      <level label="C">
        <text>Any business entity with which he or, to his knowledge, any of the relatives listed in paragraph (1) of this Subsection is negotiating or has any arrangement concerning prospective employment;</text>
      </level>
      <level label="D">
        <text>Any business entity which is a party to an existing contract with the official or employee, or which the official or employee knows is a party to a contract with any of the above-named relatives, if the contract could reasonably be expected to result in a conflict between the private interests of the official or employee and his official duties;</text>
      </level>
      <level label="E">
        <text>Any entity doing business with the County in which a direct financial interest is owned by another entity in which the official or employee has a direct financial interest, if he may be reasonably expected to know of both direct financial interests; or</text>
      </level>
      <level label="F">
        <text>Any business entity which the official or employee knows is his creditor or obligee, or that of any of the relatives listed in paragraph (1) of this Subsection, with respect to a thing of economic value and which, by reason thereof, is in a position to affect directly and substantially the interest of the official or employee or any of the above-named relatives.</text>
      </level>
      <level label="G">
        <text>A former regulated lobbyist who is or becomes subject to regulation under this title as a County official or employee may not participate in a case, contract, or other specific matter as a County official or employee for one calendar year after the termination of the registration of the former regulated lobbyist if the former regulated lobbyist previously assisted or represented another party for compensation in the matter.</text>
      </level>
    </level>
    <level label="3">
      <text>If a disqualification pursuant to paragraphs (1) or (2) of this Subsection leaves any body with less than a quorum capable of acting, or if the disqualified official or employee is required by law to act or is the only person authorized to act, the disqualified person shall disclose the nature and circumstances of the conflict and may participate or act.</text>
    </level>
    <level label="4">
      <text>The prohibitions of paragraph (1) of this Subsection do not apply:</text>
      <level label="A">
        <text>to a police officer or fire/emergency medical service employee who is exercising the employee's official duties in an emergency affecting a business or property in which the employee or a relative of the employee has an interest under subsection (a)(1) or (a)(2); or</text>
      </level>
      <level label="B">
        <text>if participation is otherwise allowed by regulation or opinion of the Board.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>Employment Restrictions.</text>
    <level label="1">
      <level label="A">
        <text>Except as permitted by regulation of the Board when such interest is disclosed or when the employment does not create a conflict of interest or appearance of conflict, an official or employee may not:</text>
        <level label="i">
          <text>Be employed by, or have a financial interest in, any entity subject to his authority or that of the County agency, board, or commission with which he is affiliated or any entity which is negotiating or has entered a contract with that agency, board, or commission; or</text>
        </level>
        <level label="ii">
          <text>Hold any other employment relationship which would impair the impartiality or independence of judgment of the official or employee.</text>
        </level>
      </level>
      <level label="B">
        <text>This prohibition does not apply to:</text>
        <level label="i">
          <text>An official or employee who is appointed to a regulatory or licensing authority pursuant to a statutory requirement that persons subject to the jurisdiction of the authority be represented in appointments to it;</text>
        </level>
        <level label="ii">
          <text>Subject to other provisions of law, including this Section 2-293, a member of a board or commission in regard to a financial interest or employment held at the time of appointment, provided the financial interest or employment is publicly disclosed to the appointing authority and Board; or</text>
        </level>
        <level label="iii">
          <text>An official or employee whose duties are ministerial, if the private employment or financial interest does not create a conflict of interest or the appearance of a conflict of interest, as permitted and in accordance with regulations adopted by the Board; or</text>
        </level>
        <level label="iv">
          <text>Employment or financial interests allowed by regulation of the Board if the employment does not create a conflict of interest or the appearance of a conflict of interest or the financial interest is disclosed.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>Post-employment limitations and restrictions.</text>
      <level label="A">
        <text>With the exception of former members of the County Council, a former official or employee may not assist or represent any party other than the County for compensation in a case, contract, or other specific matter involving the County if that matter is one in which they significantly participated as an official or employee. A specific matter may be one in which there is the same basic facts, related issues, and information, involving the same or related parties, and may be one in which there exists a continuing existence of an important County interest, as well as other considered factors.</text>
      </level>
      <level label="B">
        <text>Until the conclusion of one calendar year from the date the official leaves County office, a former member of the County Council may not assist or represent another party for compensation in a matter that is the subject of legislative action.</text>
      </level>
      <level label="C">
        <text>A former member of the County Council may not assist or represent another party for compensation in any judicial or quasi-judicial proceeding in which they significantly participated in or voted on as a member of the County Council.</text>
      </level>
    </level>
    <level label="3">
      <text>An official or employee may not assist or represent a party for contingent compensation in any matter before or involving the County, other than in a judicial or quasi-judicial proceeding.</text>
    </level>
  </level>
  <level label="c">
    <text>Use of Prestige of Office. An official or employee may not intentionally use the prestige of his office for his own private gain or that of another. The performance of usual and customary constituent services, without additional compensation, does not constitute the use of the prestige of office for an elected official's or employee's private gain or that of another.</text>
    <level label="1">
      <text>An official or employee shall not engage in the following:</text>
      <level label="A">
        <text>An official may not directly or indirectly initiate a solicitation for a person to retain the compensated services of a particular regulated lobbyist or lobbying firm.</text>
      </level>
      <level label="B">
        <text>An official, other than an elected official, or employee may not use public resources or the title of the official or employee to solicit a contribution as that term is defined in the Election Law Article of the Annotated Code of Maryland.</text>
      </level>
      <level label="C">
        <text>An elected official may not use public resources to solicit a contribution as that term is defined in the Election Law Article of the Annotated Code of Maryland.</text>
      </level>
    </level>
    <level label="2">
      <text>The prohibition in this subsection does not apply to a police officer's exercise of the officer's police authority during outside employment that has been approved by the officer's appointing authority.</text>
    </level>
  </level>
  <level label="d">
    <text>Solicitation or Acceptance of Gifts.</text>
    <level label="1">
      <text>An official or employee may not solicit any gift.</text>
    </level>
    <level label="2">
      <text>An official or employee may not directly solicit or facilitate the solicitation of a gift, on behalf of another person, from an individual regulated lobbyist.</text>
    </level>
    <level label="3">
      <text>No official or employee may knowingly accept any gift, directly or indirectly, from any person that he knows or has reason to know:</text>
      <level label="A">
        <text>Is doing business with or seeking to do business with the Council, as to members thereof, or, as to other officials or employees, with their office, agency, board, or commission;</text>
      </level>
      <level label="B">
        <text>Has financial interests that may be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of his official duty; or</text>
      </level>
      <level label="C">
        <text>Is engaged in an activity regulated or controlled by the official's or employee's governmental unit; or</text>
      </level>
      <level label="D">
        <text>Is a lobbyist with respect to matters within the jurisdiction of the official or employee; or</text>
      </level>
      <level label="E">
        <text>Is an association or any entity acting on behalf of an association that is engaged only in representing counties or municipal corporations.</text>
      </level>
    </level>
    <level label="4">
      <text>Unless a gift of any of the following would tend to impair the impartiality and the independence of judgment of the official or employee receiving it or, if of significant value, would give the appearance of doing so, or, if of significant value, the recipient official or employee believes, or has reason to believe, that it is designed to do so, paragraph (3) does not apply to:</text>
      <level label="A">
        <text>Meals and beverages consumed in the presence of the donor or sponsoring entity;</text>
      </level>
      <level label="B">
        <text>Ceremonial gifts or awards which have insignificant monetary value;</text>
      </level>
      <level label="C">
        <text>Unsolicited gifts of nominal value that do not exceed $20.00 in cost or trivial items of informational value;</text>
      </level>
      <level label="D">
        <text>Reasonable expenses for food, travel, lodging, and scheduled entertainment of the official or the employee at a meeting which is given in return for participation in a panel or speaking engagement at the meeting;</text>
      </level>
      <level label="E">
        <text>Gifts of tickets or free admission extended to an elected official to attend charitable, cultural, or political events, if the purpose of this gift or admission is a courtesy or ceremony extended to the office;</text>
      </level>
      <level label="F">
        <text>A specific gift or class of gifts which the Council or the Board exempts from the operation of this Section upon a finding, in writing, that acceptance of the gift or class of gifts would not be detrimental to the impartial conduct of the business of the County and that the gift is purely personal and private in nature;</text>
      </level>
      <level label="G">
        <text>Gifts from a person related by blood or marriage, or a spouse, child, ward, financially dependent parent, or other relative who shares the official's or employee's legal residence, or a child, ward, parent, or other relative over whose financial affairs the person has legal or actual control; or</text>
      </level>
      <level label="H">
        <text>Honoraria, for speaking to or participating in a meeting, except as provided in Subsection (e) of this Section.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>Honoraria. Except as provided in this Subsection, an official may not accept an honorarium if:</text>
    <level label="1">
      <text>The payer of the honorarium has an interest that may be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of the individual's official duty; and</text>
    </level>
    <level label="2">
      <text>The offering of the honorarium is in any way related to the individual's official position.</text>
    </level>
    <level label="3">
      <text>The prohibition under this Subsection does not apply to acceptance or receipt gifts permitted under Subsection (d) of this Section.</text>
    </level>
    <level label="4">
      <text>The Board may provide for further exemptions from this Subsection as necessary.</text>
    </level>
  </level>
  <level label="f">
    <text>Use of Resources.</text>
    <level label="1">
      <text>An official or employee may not use any County facility, property, or work time, or cause or direct any other official or employee to use a County facility, property or work time for personal use or for the use of another person unless the use is generally available to the public or authorized by a County law or regulation.</text>
    </level>
    <level label="2">
      <text>The prohibition in subsection (f)(1) does not apply to the use of County equipment and uniforms by police officers during the course of outside employment that has been expressly approved by the officer's appointing authority.</text>
    </level>
  </level>
  <level label="g">
    <text>Disclosure of Confidential Information. Other than in the discharge of his official duties, an official, employee or former official or employee may not disclose or use for his own economic benefit or that of another person, confidential information which he has acquired by reason of his public position and which is not available to the public.</text>
  </level>
  <level label="h">
    <text>Exemptions and Waivers. The Board or, if appropriate, the Council, may, after consultation with the Office of Ethics and Accountability, grant exemptions to or modifications of this Section as to officials or employees when it finds that the application of this Section would constitute an unreasonable invasion of privacy and would significantly reduce the availability of qualified persons for public service and if it also finds that the exemption of modification would not be contrary to the purposes of this Division. The Board or, if appropriate, the Council, may grant exceptions or modifications in accordance with this Section either on an individual basis, or, if appropriate, by general resolution.</text>
  </level>
  <level label="i">
    <text>Participation in procurement.</text>
    <level label="1">
      <text>An individual or a person that employs an individual who assists a County agency or unit in the drafting of specifications, an invitation for bids, or a request for proposals for a procurement may not submit a bid or proposal for that procurement, or assist or represent another person, directly or indirectly, who is submitting a bid or proposal for the procurement.</text>
    </level>
    <level label="2">
      <text>The Board may establish exemptions from the requirements of this Section for providing descriptive literature, sole source procurements, and written comments solicited by the procuring agency.</text>
    </level>
  </level>
  <level label="j">
    <text>An official or employee may not retaliate against an individual for reporting or participating in an investigation of a potential violation of the local ethics law or ordinance.</text>
  </level>
</section>
