Except as otherwise provided in subsection (c) of this section, an official or employee may not participate in a matter if: the official or employee or a qualifying relative of the official or employee has an interest in the matter and the official or employee knows of the interest; or any of the following is a party to the matter: a business entity in which the official or employee has a direct financial interest of which the official or employee reasonably may be expected to know; a business entity, including a limited liability company or a limited liability partnership, of which any of the following is an officer, a director, a trustee, a partner, or an employee: the official or employee; or if known to the official or employee, a qualifying relative of the official or employee; a business entity with which any of the following has applied for a position, is negotiating employment, or has arranged prospective employment: the official or employee; or if known to the official or employee, a qualifying relative of the official or employee; if the contract reasonably could be expected to result in a conflict between the private interest and the official State duties of the official or employee, a business entity that is a party to a contract with: the official or employee; or if known to the official or employee, a qualifying relative of the official or employee; a business entity, either engaged in a transaction with the State or subject to regulation by the official’s or employee’s governmental unit, in which a direct financial interest is owned by another business entity if the official or employee: has a direct financial interest in the other business entity; and reasonably may be expected to know of both financial interests; or a business entity that: the official or employee knows is a creditor or an obligee of the official or employee, or of a qualifying relative of the official or employee, with respect to a thing of economic value; and as a creditor or an obligee, is in a position to affect directly and substantially the interest of the official, employee, or qualifying relative. This subsection does not apply to an individual who is a public official only as a member of a board and who receives annual compensation that is less than 25% of the lowest annual compensation at State grade level 16. A former regulated lobbyist who is or becomes subject to regulation under this title as a public official or employee may not participate in a case, contract, or other specific matter as a public official or employee for 1 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. The prohibitions of subsection (a) of this section do not apply if participation is allowed: as to officials and employees subject to the authority of the Ethics Commission, by regulation of the Ethics Commission; by the opinion of an advisory body; or by another provision of this subtitle. This section does not prohibit participation by an official or employee that is limited to the exercise of an administrative or ministerial duty that does not affect the decision or disposition with respect to the matter. An official or employee who otherwise would be disqualified from participation under subsection (a) of this section shall disclose the nature and circumstances of the conflict, and may participate or act, if: the disqualification would leave a body with less than a quorum capable of acting; the disqualified official or employee is required by law to act; or the disqualified official or employee is the only individual authorized to act. If the Governor, Lieutenant Governor, Attorney General, Treasurer, or Comptroller is required to make a disclosure under paragraph (1) of this subsection, the Governor, Lieutenant Governor, Attorney General, Treasurer, or Comptroller, as appropriate, shall send a copy of the disclosure to the presiding officers of the General Assembly and to the Ethics Commission. This subsection applies only to: the Governor; the Lieutenant Governor; the Attorney General; the Treasurer; the Comptroller; and a secretary of a principal department in the Executive Branch. An official who takes executive action that the official knows or reasonably should know would have a material financial impact on the official or a person whose interests are attributable to the official under § 5–608 of this title shall provide the Ethics Commission and the Joint Ethics Committee a description of the executive action and the circumstances of the potential impact. An official is not required to make a disclosure under this paragraph if the impact is common to all members of: the general public or a large class of the general public; or a profession or occupation of which the official is a member.

In this section, “restricted individual” means: a spouse of the Governor; a parent or stepparent of the Governor; a sibling or stepsibling of the Governor; a child, stepchild, foster child, or ward of the Governor; a mother–in–law or father–in–law of the Governor; a son–in–law or daughter–in–law of the Governor; a grandparent of the Governor or the Governor’s spouse; a grandchild of the Governor; or except for an employee of the Governor, any individual who resides in the Governor’s primary residence. Within 6 months after taking the oath of office the Governor shall: except as provided in regulations adopted by the Ethics Commission, place all of the Governor’s interests into a certified blind trust approved by the Ethics Commission and operated in accordance with regulations adopted by the Ethics Commission; or divest any interest the Ethics Commission determines is necessary to resolve likely or potential conflicts of interest with the Governor’s public duties. For good cause shown, the Ethics Commission may extend the deadline to complete the establishment of the certified blind trust or divestiture by a reasonable amount of time. The Ethics Commission shall post any approved certified blind trust and supporting documents on its website. The Governor shall appoint as the trustee of the blind trust a financial institution or an organization that has a minimum of 2 years of experience in trust management activities. Except as provided in subparagraph (ii) of this paragraph, the Governor may not receive from a trustee appointed under paragraph (1) of this subsection communications regarding management of or income from the blind trust as a trustor or beneficiary of the blind trust at any time during the Governor’s term of office. The Governor may receive from a trustee appointed under paragraph (1) of this subsection communications necessary to prepare and file the Governor’s personal income tax returns. The Governor may not fail to include any interest in a blind trust without the written approval of the Ethics Commission. For any interest not included in a blind trust under paragraph (1) of this subsection, including an interest exempted under regulations adopted by the Ethics Commission under this section, the Governor shall enter into a nonparticipation agreement with the Ethics Commission that prohibits the Governor from participating in any way in a matter that involves the interest, including a matter before the Board of Public Works. Notwithstanding §§ 5–301 and 5–303 of this title, the Ethics Commission shall: post on its website any nonparticipation agreement entered into with the Governor; and provide a copy of any nonparticipation agreement entered into with the Governor to: the presiding officers of the General Assembly; the Joint Ethics Committee; and the Executive Secretary and the General Counsel of the Board of Public Works. By January 31 each year, the Governor shall certify to the Ethics Commission in a form required by the Ethics Commission that the Governor has: obtained no new interests in the immediately preceding year that are not included in the blind trust; or entered into a nonparticipation agreement with the Ethics Commission for any new interest obtained in the immediately preceding year that was not included in the blind trust. This subsection applies to a business entity that the Governor or a restricted individual, together or separately, has: for a corporation, 10% or more of the capital stock; or for a partnership, limited liability partnership, or limited liability corporation, any interest. A business entity that seeks to obtain a State grant, competitive award, or contract, including a contract for the sale or purchase of real or personal property, shall report to the Ethics Commission in a form required by the Ethics Commission any interest held in the business entity by the Governor or a restricted individual. The Ethics Commission shall post any report it receives under paragraph (2) of this subsection on its website. The Ethics Commission may grant an exemption to the requirement to place an interest in a blind trust under subsection (b) of this section. In granting an exemption under paragraph (1) of this subsection, the Ethics Commission may consider issues it determines appropriate to prevent conflicts of interest, including whether the interest: involves a closely held corporation or a family business; is readily marketable; has an impact unique to the Governor; or is subject to any restrictions or encumbrances. If the Ethics Commission determines that the Governor has violated a provision of this section, the Ethics Commission may impose a fine not exceeding $5,000 for each violation. The Ethics Commission shall adopt regulations to carry out this section, including regulations that establish standards and requirements for the types of interests that may be exempted from the requirement to place an interest in a blind trust under subsection (b) of this section.

This section does not apply to members of the General Assembly. Except as provided in subsections (c) and (d) of this section, an official or employee may not: be employed by or have a financial interest in: an entity subject to the authority of that official or employee or of the governmental unit with which the official or employee is affiliated; or an entity that is negotiating or has entered a contract with that governmental unit or an entity that is a subcontractor on a contract with that governmental unit; or hold any other employment relationship that would impair the impartiality and independent judgment of the official or employee. The prohibitions of subsection (b) of this section do not apply: to employment or a financial interest allowed by regulation of the Ethics Commission if: the employment does not create a conflict of interest or the appearance of a conflict of interest; or the financial interest is disclosed; to a public official who is appointed to a regulatory or licensing unit in accordance with a statutory requirement that entities subject to the jurisdiction of the unit be represented in appointments to it; as allowed by regulations adopted by the Ethics Commission, to an employee whose government 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; or to a member of a board who holds the employment or financial interest when appointed if the employment or financial interest is disclosed publicly to the appointing authority, the Ethics Commission, and, if applicable, the Senate of Maryland before Senate confirmation. Subject to paragraph (2) of this subsection, the Ethics Commission may exempt a public official of an executive unit or an employee of an executive unit from the prohibitions of subsection (b) of this section if the Ethics Commission determines that: failure to grant the exemption would limit the ability of the State to: recruit and hire highly qualified or uniquely qualified professionals for public service; or assure the availability of competent services to the public; and the number of exemptions granted under this subsection has not eroded the purposes of subsection (b) of this section or other provisions of this title. The Ethics Commission may grant an exemption under paragraph (1) of this subsection only: in extraordinary situations; and on the recommendation of the Governor, at the request of the executive unit involved. The Ethics Commission shall apply this subsection as consistently as possible under similar facts and circumstances. The Ethics Commission shall make freely available on the Internet documentation of a disclosure under subsection (c)(4) of this section that is submitted to the Ethics Commission on or after January 1, 2019. An appointing authority shall promptly transmit a copy of a disclosure statement submitted to the appointing authority under subsection (c)(4) of this section to the Ethics Commission. Notwithstanding §§ 5–301 and 5–303 of this title, if the Ethics Commission authorizes, by regulation, employment or a financial interest under subsection (c) of this section by the Governor, Lieutenant Governor, Attorney General, Treasurer, or Comptroller, the Ethics Commission shall: promptly notify the Joint Ethics Committee; and except as provided in paragraph (2) of this subsection, provide the Joint Ethics Committee a copy of any agreement or memorandum of understanding between the Ethics Commission and the State official or other summary of Ethics Commission advice associated with the exception. The Ethics Commission is not required to provide the Joint Ethics Committee with internal deliberative documents that the staff of the Ethics Commission provided to the Ethics Commission.

This section does not apply to members of the General Assembly. An official or employee may not be employed by an entity that is a party to a contract that binds or purports to bind the State if: the duties of the official or employee include matters substantially relating to or affecting the subject matter of the contract; and the contract binds or purports to bind the State to pay more than $1,000.

This subsection does not apply to members of the General Assembly. Except as provided in paragraph (3) of this subsection, an official or employee may not, for contingent compensation, assist or represent a party in any matter before or involving any unit of the State or a political subdivision of the State. Paragraph (2) of this subsection does not apply to assistance to or representation of a party: in a judicial or quasi–judicial proceeding, including a proceeding before an administrative law judge in the Office of Administrative Hearings, or a matter preliminary, incidental, or collateral to a judicial or quasi–judicial proceeding; or in a matter before or involving the Workers’ Compensation Commission, the Maryland Automobile Insurance Fund, or the Criminal Injuries Compensation Board. Except as provided in paragraph (2) of this subsection, a member of the General Assembly may not, for compensation, assist or represent a party in any matter before or involving any unit of the State or a political subdivision of the State. Paragraph (1) of this subsection does not apply to assistance to or representation of a party: in matters relating to the performance of ministerial acts by a governmental unit; in matters involving the member’s regular business, employment, or profession, in which contact with a governmental unit: is an incidental part of the business, employment, or profession; is made in the manner that is customary for persons in that business, employment, or profession; and is not for contingent compensation; in a judicial or quasi–judicial proceeding, including a proceeding before an administrative law judge in the Office of Administrative Hearings, or a matter preliminary, incidental, or collateral to a judicial or quasi–judicial proceeding; in a matter before or involving the Workers’ Compensation Commission, the Maryland Automobile Insurance Fund, or the Criminal Injuries Compensation Board; or in a matter in which the assistance or representation, other than for contingent compensation, was commenced by the member of the General Assembly before: the member filed a certificate of candidacy for election to the General Assembly at a time when the member was not an incumbent; or if the member was appointed to fill a vacancy, the date of appointment. A member of the General Assembly may not assist or represent a person, including himself or herself, for compensation before a State or local governmental agency in any matter involving: procurement; or the adoption of regulations. Paragraph (1) of this subsection does not apply to an administrative proceeding conducted in accordance with Title 10, Subtitle 2 of the State Government Article. Except for a former member of the General Assembly, who shall be subject to the restrictions provided under paragraph (2) of this subsection, a former official or employee may not assist or represent a party, other than the State, in a case, a contract, or any other specific matter for compensation if: the matter involves State government; and the former official or employee participated significantly in the matter as an official or employee. In this paragraph, “legislative action” does not include testimony or other advocacy in an official capacity as a member of the General Assembly before a unit of State or local government. Except as provided in subparagraph (iii) of this paragraph: a former member of the General Assembly may not assist or represent another party for compensation in a matter that is the subject of legislative action for 1 year from the date the member leaves office; and a former Governor, Lieutenant Governor, Attorney General, Comptroller, State Treasurer, or secretary of a principal department of the Executive Branch may not assist or represent another party for compensation in a matter that is the subject of legislative action for 1 year from the date the official leaves State office. The limitation under subparagraph (ii) of this paragraph on representation by a former member of the General Assembly, Governor, Lieutenant Governor, Attorney General, Comptroller, State Treasurer, or secretary of a principal department of the Executive Branch does not apply to representation of a municipal corporation, county, or State governmental entity. Notwithstanding subsection (a)(3) of this section or § 5–502 of this subtitle, a full–time official or employee in the Judicial Branch may not represent a party before a court or unit of the Judicial Branch except in the discharge of official duties.

An official or employee may not solicit any gift. An official may not directly solicit or facilitate the solicitation of a gift, on behalf of another person, from an individual regulated lobbyist described in § 5–702(a)(1) of this title. In this subsection, “entity” does not include a governmental unit. Except as provided in subsection (c) of this section, an official or employee may not knowingly accept a gift, directly or indirectly, from an entity that the official or employee knows or has reason to know: does or seeks to do any business of any kind, regardless of amount, with the official’s or employee’s governmental unit; engages in an activity that is regulated or controlled by the official’s or employee’s governmental unit; has a financial interest that may be affected substantially and materially, in a manner distinguishable from the public generally, by the performance or nonperformance of the official’s or employee’s official duties; is a regulated lobbyist with respect to matters within the jurisdiction of the official or employee; or is an association, or any entity acting on behalf of an association, that is engaged only in representing counties or municipal corporations. Notwithstanding subsection (b) of this section, an official or employee may accept a gift listed in paragraph (2) of this subsection unless: the gift would tend to impair the impartiality and independent judgment of the official or employee; or as to a gift of significant value: the gift would give the appearance of impairing the impartiality and independent judgment of the official or employee; or the official or employee believes or has reason to believe that the gift is designed to impair the impartiality and independent judgment of the official or employee. Subject to paragraph (1) of this subsection, subsection (b) of this section does not apply to: except for officials of the Legislative Branch, meals or beverages received and consumed by the official or employee in the presence of the donor or sponsoring entity; for officials of the Legislative Branch, food or beverages received and consumed by the official in the presence of the donor or sponsoring entity as part of a meal or reception to which all members of a legislative unit were invited; for a member of the General Assembly, food or beverages received from a donor or sponsoring entity, other than an individual regulated lobbyist described in § 5–702(a)(1) of this title, during a period when the General Assembly is not in session, at a location that is within a county that contains the member’s district, provided that the donor or sponsoring entity is located within a county that contains the member’s district; or for a member of the General Assembly, food or beverages received at the time and geographic location of a meeting of a legislative organization for which the member’s presiding officer has approved the member’s attendance at State expense; ceremonial gifts or awards of insignificant monetary value; except for a State official of the Executive Branch or Legislative Branch, unsolicited gifts of nominal value; for a State official of the Executive Branch or Legislative Branch, unsolicited gifts from a regulated lobbyist that are not meals or alcoholic beverages and that do not exceed $20 in cost; trivial gifts of informational value; in return for participation on a panel or a speaking engagement at a meeting, reasonable expenses for food, travel, lodging, or scheduled entertainment of the official or employee if the expenses are associated with the meeting, except that, if such expenses for a State official of the Legislative Branch or Executive Branch are to be paid by a regulated lobbyist and are anticipated to exceed $500, the official shall notify the appropriate advisory body before attending the meeting; for a member of the General Assembly, reasonable expenses for food, travel, lodging, or scheduled entertainment to attend a legislative conference that has been approved by the member’s presiding officer; tickets or free admission extended to an elected constitutional officer from the person sponsoring or conducting the event, as a courtesy or ceremony to the office, to attend a charitable, cultural, or political event; a specific gift or class of gifts exempted from subsection (b) of this section by the Ethics Commission on a written finding that: acceptance of the gift or class of gifts would not be detrimental to the impartial conduct of government; and the gift is purely personal and private in nature; a gift from: an individual related to the official or employee by blood or marriage; or any other individual who is a member of the household of the official or employee; or to the extent provided in subsection (d) of this section, honoraria. Except as provided in subsection (c)(2)(vi) of this section, a member or member–elect of the General Assembly may not accept an honorarium. Subject to subsection (c)(1) of this section, an official or employee who is not a member or member–elect of the General Assembly may accept an honorarium if: the honorarium is limited to reasonable expenses for the official’s meals, travel, and lodging, and reasonable and verifiable expenses for care of a child or dependent adult, that are actually incurred; the honorarium consists of gifts described in subsection (c)(2)(ii) through (iv) of this section; or the official or employee is a faculty member of a State institution of higher education who does not hold another position as an official that precludes receiving the honorarium. Other than as allowed by paragraph (2) of this subsection, an honorarium may not be accepted, even if allowed by subsection (c)(1) of this section, if: the payor of the honorarium has an interest that may be affected substantially and materially, in a manner distinguishable from the public generally, by the performance or nonperformance of the official’s or employee’s official duties; and the offering of the honorarium is related in any way to the official’s or employee’s official position. An official or employee may not accept a gift that is prohibited under § 13–211 of the State Finance and Procurement Article. By regulation, the Ethics Commission may define further exemptions from this section as may be necessary.

An official or employee may not intentionally use the prestige of office or public position: for that official’s or employee’s private gain or that of another; or to influence, except as part of the official duties of the official or employee or as a usual and customary constituent service without additional compensation, the award of a State or local contract to a specific person. 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. The performance of usual and customary constituent services, without additional compensation, is not prohibited under subsection (a) of this section. A public official or employee may not use public resources or the title of the public official or employee to solicit a political contribution that is regulated in accordance with the Election Law Article. A State official may not use public resources to solicit a political contribution that is regulated in accordance with the Election Law Article.

Except in the discharge of an official duty, an official or employee or a former official or employee may not disclose or use confidential information acquired by reason of the individual’s public position or former public position and not available to the public: for personal economic benefit; or for the economic benefit of another.

This section does not apply to a State official of the Legislative Branch or a State official of the Judicial Branch. A State official may not, based on any characteristic protected by law, unlawfully harass or discriminate against: an official or employee; an intern, a page, or a fellow in any branch of State government; an individual regulated lobbyist; or a credentialed member of the press. In this subsection, “State legislative complex” means the following State–occupied buildings: the State House; the Department of Legislative Services building; the House of Delegates office building; and the Senate office buildings. If an individual who is exempt from registration under § 5–702(b)(1) of this title is granted special access to the State legislative complex, the individual may not, based on any characteristic protected by law, unlawfully harass or discriminate against: an official or employee; an intern, a page, or a fellow in any branch of State government; another individual regulated lobbyist; or a credentialed member of the press. The Department of General Services shall revoke the special access to the State legislative complex granted to a person who violates this subsection or a regulated lobbyist who violates § 5–714 of this subtitle if the revocation is requested by: the Speaker of the House or the Speaker’s designee; the President of the Senate or the President’s designee; or the Executive Director of the Department of Legislative Services or the Executive Director’s designee.

An official or employee may not retaliate against an individual for reporting or participating in an investigation of a potential violation of the Maryland Public Ethics Law.

This part applies only to members of the General Assembly.

In this section, “close economic association” means the association between a legislator and: the legislator’s: employer; employee; or partner in a business or professional enterprise; a partnership, limited liability partnership, or limited liability company in which the legislator has invested capital or owns an interest; a corporation in which the legislator owns the lesser of: 10% or more of the outstanding capital stock; or capital stock with a cumulative value of $35,000 or more; a corporation in which the legislator is an officer, a director, or an agent; and an entity with which the legislator is negotiating employment or has arranged prospective employment. “Close economic association” does not include a legislator’s ownership of stock directly through a mutual fund, an exchange–traded fund, a retirement plan, or any other similar commingled investment vehicle the individual investments of which the legislator does not control or manage. An interest of a member of the General Assembly conflicts with the public interest if the legislator’s interest tends to impair the legislator’s independence of judgment. The conflict disqualifies the legislator from participating in any legislative action, or otherwise attempting to influence any legislation, to which the conflict relates. It is presumed that an interest disqualifies a legislator from participating in legislative action whenever the legislator: has or acquires a direct interest in an enterprise that would be affected by the legislator’s vote on proposed legislation, unless the interest is common to all members of: a profession or occupation of which the legislator is a member; or the general public or a large class of the general public; benefits financially from a close economic association with a person whom the legislator knows has a direct interest in an enterprise or interest that would be affected by the legislator’s participation in legislative action, differently from other like enterprises or interests; benefits financially from a close economic association with a person who is lobbying for the purpose of influencing legislative action; or solicits, accepts, or agrees to accept a loan, other than a loan from a commercial lender in the normal course of business, from a person who would be affected by or has an interest in an enterprise that would be affected by the legislator’s participation in legislative action.

Except as provided in paragraph (2) of this subsection, the disqualification arising under § 5–512 of this subtitle is suspended if a legislator with an apparent or presumed conflict files with the Joint Ethics Committee a sworn statement that: describes the circumstances of the apparent or presumed conflict and the legislation, class of legislation, or legislative action to which it relates; and asserts that the legislator is able to participate in legislative action relating to the matter fairly, objectively, and in the public interest. Except as provided in subparagraph (ii) of this paragraph, the disqualification arising under § 5–512 of this subtitle may not be suspended if the conflict is direct and personal to: the legislator; a member of the legislator’s immediate family; or the legislator’s employer. This paragraph does not apply to a vote on: the annual operating budget bill, in its entirety; or the annual capital budget bill, in its entirety. Whenever a legislator files a statement described in subsection (a)(1) of this section, the Joint Ethics Committee on its own motion may issue a statement concerning the propriety of the legislator’s participation in the particular legislative action, with reference to the applicable ethical standards. The suspension of the disqualification by the filing of the statement is subject to further action by the Joint Ethics Committee if the question of conflict comes before the Committee as to the same circumstances and the same legislator. A member who is disqualified from participating in legislative action under subsection (a)(2)(i) of this section, or who chooses to be excused from participating in legislative action on a bill or class of bills because of the appearance or presumption of a conflict, shall file in a timely manner a statement with the Joint Ethics Committee that describes the circumstances of the apparent or presumed conflict. All statements filed under this section shall be: filed electronically on a form required by the Joint Ethics Committee; and maintained as a matter of public record as required in subsection (e) of this section. The Department of Legislative Services shall: compile the statements filed under this section; make the statements available for public inspection as provided in the Public Information Act; and as to statements filed on or after January 1, 2013, make the statements freely available to the public on the Internet through an online registration program. As to each statement, the Internet posting shall indicate: whether the Joint Ethics Committee has made a determination under subsection (b) of this section; the determination made, if any; and the date, if any, on which the determination was made.

Except as provided in paragraph (2) or (3) of this subsection, a member of the General Assembly, a filed candidate for election to the General Assembly, or a member–elect of the General Assembly may not receive earned income from: an executive unit; or a political subdivision of the State. The Joint Ethics Committee may exempt an individual from the provisions of paragraph (1) of this subsection if the earned income is for: educational instruction provided by the member, candidate, or member–elect; a position that is subject to a merit system hiring process; a human services position; or a career promotion, change, or progression that is a logical transition from a pre–existing relationship as described in paragraph (3)(ii) of this subsection. This subsection does not apply to compensation to a member, candidate, or member–elect derived from: employment as a nonelected law enforcement officer or a fire or rescue squad worker; or a transaction or relationship that existed before the individual: filed a certificate of candidacy for election to the General Assembly while the individual was not an incumbent member of the General Assembly; or was appointed to fill a vacancy. A legislator shall report the following information in writing to the Joint Ethics Committee at the times and in the manner required by the Joint Ethics Committee: subject to paragraph (2) of this subsection, if representing a person for compensation before a State or local government agency, except in a judicial proceeding or in a quasi–judicial proceeding, the name of the person represented, the services performed, and the consideration; if representing a State or local government agency for compensation, the name of the agency, the services performed, and the consideration; the name of any business enterprise subject to regulation by a State agency in which the legislator and a member of the legislator’s immediate family (spouse and children living with the legislator), together or separately, have: the lesser of: 10% or more of the capital stock of any corporation; or capital stock of any corporation with a cumulative value of $35,000 or more; and any interest in a partnership, limited liability partnership, or limited liability company; except for employment as a legislator, details, including the subject matter and consideration, of any financial or contractual relationship, including a financial or contractual relationship involving a business entity whose interests are attributable to the legislator under § 5–608 of this title, with: the University of Maryland Medical System; a governmental entity of the State or a local government in the State; or a quasi–governmental entity of the State or a local government in the State; details of any transaction with a governmental entity of the State or a local government in the State involving a monetary consideration; except for employment as a legislator, the name of any: primary employer of the legislator; primary employer of the legislator’s spouse; and business from which the legislator or the legislator’s spouse receives earned income as a result of an ownership interest in the business; except in a judicial or quasi–judicial proceeding, the name of any client of the legislator or of a business entity in which the legislator has an ownership interest if the legislator: is assisting the client in seeking a State or local government contract, license, or other competitive award; and will receive or expects to receive a direct financial benefit as a result of the award of the contract, license, or other competitive award to the client; and if the legislator’s spouse is an individual regulated lobbyist, the name of each entity that has engaged the lobbyist for lobbying purposes. A legislator, on the written advice of the Counsel to the Joint Ethics Committee, is not required to report any information under this subsection if reporting the information would violate standards of client confidentiality or professional conduct. The Joint Ethics Committee may adopt procedures to keep confidential the name of the person represented in a report filed under paragraph (1)(i) of this subsection if that information is privileged or confidential under any law governing proceedings before that State or local government agency. All reports filed under this section shall be: filed electronically on a form required by the Joint Ethics Committee; and maintained as a matter of public record as required in subsection (d) of this section. The Department of Legislative Services shall: compile the reports filed under this section; make the reports available for public inspection as provided in the Public Information Act; and as to reports filed on or after January 1, 2013, and except as provided in paragraph (2) of this subsection, make the reports freely available to the public on the Internet through an online registration program. The Department of Legislative Services may not post on the Internet information related to consideration received that is reported under subsection (b) of this section.

In this section, “official electronic legislative newsletter” means a document that: is electronically distributed; and is used by an incumbent, with supervision by or coordination with the General Assembly, to disseminate information about one or more issues of public interest chosen by the incumbent. An official electronic legislative newsletter may include a link to a social media account of the incumbent only if the social media account: is used to communicate legislative and constituent information; is not primarily used for electoral purposes, as defined in COMAR 33.13.01.01; is not used for the personal economic gain of the incumbent; and except for a usual and customary constituent service, is not used for the economic gain of another person.

A legislator may request a written opinion from the Joint Ethics Committee on the propriety of any current or proposed conduct of the legislator and involving the applicable standards of ethical conduct for legislators established by law, rule, or other standard of ethical conduct. A request for an opinion shall: be in writing and signed by the legislator; be addressed to the Joint Ethics Committee or either cochair; be submitted in a timely manner; and include a complete and accurate statement of the relevant facts. If a request is unclear or incomplete, the Joint Ethics Committee may seek additional information from the legislator. The Counsel to the Joint Ethics Committee shall prepare for the Committee a response to each written request for an opinion under this subsection. Each opinion shall discuss all applicable laws, rules, or other standards. Except as provided in paragraph (6)(i) of this subsection, an opinion must be approved by a majority of the members of the Joint Ethics Committee. The cochairs of the Joint Ethics Committee may approve an opinion on behalf of the Committee if they determine that the opinion is consistent with prior precedent and therefore does not require consideration by the full Committee. An opinion issued under subparagraph (i) of this paragraph shall be distributed to each member of the Joint Ethics Committee not later than the next meeting of the Committee. Notwithstanding subparagraph (i) of this paragraph, if a cochair of the Joint Ethics Committee is the legislator requesting the opinion, the opinion must be approved by a majority of the Committee. The Joint Ethics Committee is not required to issue an opinion if the request is not made in a timely manner. The Joint Ethics Committee on its own motion may issue opinions as it considers appropriate. The cochairs shall determine whether an opinion shall be made public, with deletions and changes necessary to protect the legislator’s identity. The Counsel to the Joint Ethics Committee shall compile and index each opinion that will be made public. The compilation of opinions shall be distributed to each member of the General Assembly and shall be available to the public. The Joint Ethics Committee may take no adverse action with regard to conduct that has been undertaken in reliance on a written opinion if the conduct conforms to the specific facts addressed in the opinion. Information provided to the Joint Ethics Committee by a legislator seeking advice regarding prospective conduct may not be used as the basis for initiating an investigation under this section if the legislator acts in good faith in accordance with the advice of the Committee. An opinion issued under this section is binding on any legislator to whom it is addressed. A published opinion is binding on all members of the General Assembly.

A complaint alleging that a member of the General Assembly may have violated standards of ethical conduct, including § 2–108 of the State Government Article, may be filed with the Joint Ethics Committee by: a written statement from any person, accompanied by an affidavit, setting forth the facts on which the statement is based; motion of a majority of the membership of the Joint Ethics Committee; or referral of a matter to the Joint Ethics Committee by a presiding officer of the General Assembly as provided in § 2–706(a)(5) of the State Government Article. The Joint Ethics Committee shall provide a copy of each complaint filed under subsection (a) of this section to the presiding officer of the house of the legislator who is the subject of the complaint. Based on the information contained in a complaint provided to a presiding officer under paragraph (1) of this subsection, if a presiding officer determines that it is inappropriate for a Joint Ethics Committee member from that house to consider a particular matter, the presiding officer shall appoint a substitute member to the Joint Ethics Committee for its consideration of the matter.

Except as provided in subsections (b) and (c) of this section, any matter before the Joint Ethics Committee, including information relating to any complaint, proceeding, or record of the Joint Ethics Committee, shall remain confidential. Public access and inspection of an activity or a record of the Joint Ethics Committee shall be available for: a disclosure or disclaimer of a conflict of interest form filed with the Joint Ethics Committee; a portion of a meeting in which a disclosure or disclaimer form is reviewed by the Joint Ethics Committee; information relating to a complaint, proceeding, or record of the Joint Ethics Committee involving a member of the General Assembly if consent to public access and inspection is granted by: the member involved in the matter; or a three–fourths vote of the full membership of the Joint Ethics Committee, based on criteria established by rule; a rule or broadly applicable opinion issued by the Joint Ethics Committee; or any matter or record that is otherwise available for public access or inspection as specifically authorized under this subtitle. The Joint Ethics Committee shall provide a copy of a complaint alleging a violation of the antiharassment policy and procedures and a notice of the Joint Ethics Committee’s action to the Human Resources Manager of the Department of Legislative Services. For information received under paragraph (1) of this subsection, the Human Resources Manager shall be subject to the confidentiality restrictions of subsections (a) and (b) of this section.

Except as provided in § 5–518.1 of this subtitle, after the filing or preparation of a complaint under § 5–516 of this subtitle, the Joint Ethics Committee shall review the complaint and proceed in accordance with § 5–519 of this subtitle unless, after examining the complaint and the issues raised by it, the Committee finds that further proceedings are not justified because: the complaint is frivolous; the complaint does not allege actions on the part of the accused legislator that provide reason to believe that a violation may have occurred; the matters alleged are not within the jurisdiction of the Joint Ethics Committee; the violations alleged were inadvertent, technical, or minor, or have been cured, and, after consideration of all of the circumstances then known, further proceedings would not serve the purposes of this subtitle; or for other reasons, after consideration of all the circumstances, further proceedings would not serve the purposes of this subtitle. If a finding is made under subsection (a) of this section, the Joint Ethics Committee shall: submit a report of its conclusions to the presiding officer or to the membership of the branch of the legislature of which the accused legislator is a member, and the proceedings shall be terminated; provide advice or guidance to the accused legislator; or provide the accused legislator with an opportunity to cure any minor violation of ethical standards. Subject to § 5–517 of this subtitle, notice of the Joint Ethics Committee’s action shall be provided to the accused legislator and to any person who filed the complaint. On request, the accused legislator may see the complaint and the report. If no finding is made under subsection (a) of this section, the Joint Ethics Committee shall prepare an allegation summary, based on its examination under subsection (a) of this section, setting forth the alleged facts and the issues then known that merit further proceedings. After review of a complaint, the Joint Ethics Committee shall provide a statement of its findings to the accused legislator.

Unless the alleged victim objects, the Joint Ethics Committee shall refer a complaint for evaluation to an outside and independent investigator selected by the Joint Ethics Committee if the complaint alleges that a member of the General Assembly has: violated the antiharassment policy and procedures of the General Assembly; or retaliated against an individual for reporting or participating in the investigation of a violation of the antiharassment policy and procedures of the General Assembly. The investigator shall submit its findings and recommendations regarding a complaint evaluated under subsection (a) of this section to the Joint Ethics Committee. If the investigator does not recommend dismissal of the complaint after completing the evaluation, the investigator shall investigate the complaint. After the investigator completes the evaluation and at the recommendation of the investigator, the Joint Ethics Committee may dismiss a complaint before the completion of an investigation. The investigator shall submit its findings and recommendations regarding a complaint investigated under subsection (c)(1) of this section to the Joint Ethics Committee for further proceedings in accordance with this subtitle. The Joint Ethics Committee shall advise the complainant of the findings and recommendations of the investigator and provide, in accordance with § 5–518(b)(2) of this subtitle, a notice of the Joint Ethics Committee’s actions. The Joint Ethics Committee may remove an outside and independent investigator selected under this subsection only for good cause. If the Joint Ethics Committee refers a matter to a prosecuting authority, the Joint Ethics Committee may direct an outside and independent investigator to delay an investigation at the request of a prosecuting authority.

Except as to proceedings terminated in accordance with § 5–518(b) of this subtitle, the Joint Ethics Committee shall provide to the accused legislator a copy of: the complaint filed or prepared in accordance with § 5–516 of this subtitle; and the allegation summary prepared in accordance with § 5–518(c) of this subtitle. The accused legislator shall be allowed an opportunity to file a written answer to the allegation summary. Following notification of the accused legislator, the Joint Ethics Committee may: terminate the proceedings; or schedule a hearing and notify the accused legislator of the time, location, and procedures of the hearing. The Joint Ethics Committee may amend the allegation summary at any time. If an allegation summary is amended under paragraph (1) of this subsection, the accused legislator shall be allowed an opportunity to file a written answer to the amended allegation summary.

The Joint Ethics Committee shall adopt written procedures for conducting a hearing to consider a complaint, an allegation summary, and a written answer, if any. The written procedures adopted by the Joint Ethics Committee under subsection (a) of this section: shall be available for public inspection; shall be provided to the legislator who is the subject of a hearing; shall allow the accused legislator to: be represented by counsel; cross–examine witnesses; and be provided an opportunity to inspect, in a reasonable manner, any records that the Joint Ethics Committee intends to use during the hearing, subject to limitations established by the Joint Ethics Committee in the written procedures; and subject to items (1) and (2) of this subsection, may be amended by the Joint Ethics Committee at any time. If the Joint Ethics Committee determines that a hearing is required under § 5–519(b)(2) of this subtitle, the Joint Ethics Committee, by a two–thirds vote of its full membership, may issue one or more subpoenas that require the appearance of a person, the production of relevant records, and the giving of relevant testimony. If the Joint Ethics Committee exercises subpoena powers under this paragraph, the legislator who is the subject of the investigation may require the Joint Ethics Committee to issue one or more subpoenas on the legislator’s behalf. A request to appear, an appearance, or a submission of evidence does not limit the subpoena power of the Joint Ethics Committee. A subpoena issued under paragraph (1) of this subsection shall be served: in the manner provided by law for service of a subpoena in a civil action; before the time that the subpoena sets for appearance or production of records; and with the following documents: a copy of this title; a copy of the rules of the Joint Ethics Committee; and if the subpoena requires the appearance of a person, notice that counsel may accompany the person. A person who is subpoenaed to appear at a hearing is entitled to receive the fees and allowances that are provided for a person who is subpoenaed by a circuit court. A person may be held in contempt if the person unjustifiably: fails or refuses to comply with a subpoena for appearance; appears but fails or refuses to testify under oath; or disobeys a directive of the presiding chair at the hearing to answer a relevant question or to produce a record, including an electronic record, that has been subpoenaed, unless the directive is overruled by a majority vote of the members of the Joint Ethics Committee who are present at the hearing. By a two–thirds vote of its full membership, the Joint Ethics Committee may apply for a contempt citation to a circuit court.

The Joint Ethics Committee may make a finding developed from: information presented during the hearing; the allegation summary and any amendments to it; the written answer of the accused legislator to the allegation summary, if any; and any other information provided to the Joint Ethics Committee and made available to the accused legislator. Consistent with the purposes of this title, the Joint Ethics Committee may establish criteria for making a finding in its written procedures established under § 5–520(a) of this subtitle. If the Joint Ethics Committee makes a finding under this section, the Joint Ethics Committee shall: terminate the proceeding against the accused legislator; or issue any recommendations to the presiding officer of the house of the accused legislator or to the full house of the accused legislator, including any recommendations for appropriate sanctions.

If the Joint Ethics Committee, at any time during its consideration of any complaint or allegation summary or during any proceeding, finds that there are reasonable grounds to believe that a legislator may have committed a crime, the Joint Ethics Committee shall: refer the matter to an appropriate prosecuting authority; and provide any information or evidence to the prosecuting authority that the Joint Ethics Committee determines is appropriate.

In this section the following words have the meanings indicated. “Conflict of interest policies” means policies adopted by a governing board and approved: by the Office of the Attorney General; and as to conformity with this section, by the Ethics Commission. “Educational institution” means: a public senior higher education institution as defined in § 10–101 of the Education Article; a center or an institute of the University System of Maryland that is designated in the conflict of interest policies adopted by the System’s Board of Regents; or the University System of Maryland Administration, for which the Chancellor of the System shall be considered the president for purposes of this section. “Governing board” has the meaning provided in § 10–101 of the Education Article. “Relationship” includes any: interest; service; employment; gift; or other benefit or relationship. “Research or development” means basic or applied research or development. “Research or development” includes: the development or marketing of university–owned technology; the acquisition of services of an official or employee by an entity for research and development purposes; or participation in State economic development programs. Each educational institution engaged in research or development shall develop conflict of interest procedures based on: conflict of interest policies developed by its governing board; and the purposes of this title specified in § 5–102 of this title. Before they may become effective, the procedures and policies developed under this subsection shall be approved by: the Office of the Attorney General; and as to conformity with this section, the Ethics Commission. The procedures adopted by an educational institution under subsection (b) of this section shall: require disclosure of any interest in, employment by, or other relationship with an entity for which an exemption under this section is claimed, on a form filed with the Ethics Commission and maintained as a public record at the educational institution; require a review of all disclosures by a designated official, who shall determine what: further information must be disclosed; and restrictions shall be imposed by the educational institution to manage, reduce, or eliminate any actual or potential conflict of interest; include guidelines to ensure that interests and employment for which an exemption under this section is claimed do not: improperly give an advantage to entities in which the interests or employment are maintained; lead to misuse of institution students or employees for the benefit of entities in which the interests or employment are maintained; or otherwise interfere with the duties and responsibilities of the exempt official or employee; require approval by the president of the educational institution of any interest or employment for which an exemption is claimed under this section; and require approval by the governing board of the educational institution if an exemption is claimed by the president of the educational institution. Policies and procedures adopted under this section may provide for periodic consultation with the Department of Commerce and with federal agencies that have imposed regulatory requirements on federally funded research, concerning the implementation of this section. Except as provided in subsection (f) of this section, a present or former official or employee at an educational institution may have a relationship, otherwise prohibited by this subtitle, with an entity engaged in research or development, or with an entity having a direct interest in the outcome of research or development, only if: the educational institution has adopted policies and procedures in accordance with this section; and the official or employee has complied with the policies and procedures. If the provisions of this subsection are not met, the official or employee is not exempt from any relevant provisions of this subtitle. This section does not exempt an official or employee at an educational institution from the provisions of § 5–505 of this subtitle. An official or employee at an educational institution may not: represent a party for contingent compensation in any matter before the institution’s governing board or before the Board of Public Works; or intentionally misuse the individual’s State position for the individual’s personal gain or for the gain of another person. Each governing board shall report quarterly to the Governor, the Legislative Policy Committee of the General Assembly, and the Ethics Commission: the number of approvals granted under subsection (c) of this section; and how the conflict of interest policies and procedures adopted under this section have been implemented in the preceding year. This subsection applies to an official who is: a chancellor, vice chancellor, president, or vice president at a public senior higher educational institution in the State; or an individual who holds a similar position at a public senior higher educational institution in the State. An official subject to this subsection may not receive an exemption under this section unless the governing board of the educational institution finds that: participation by, and the financial interest or employment of, the official is necessary to the success of the research or development activity; and the conflict of interest can be managed consistent with the purposes of this section and other relevant provisions of this title. Notwithstanding subsection (g) of this section, the governing board of an educational institution promptly shall notify the Ethics Commission in writing of any exemption that is granted under this section to an official subject to this subsection. If the Ethics Commission disagrees with an exemption that is granted by the governing board of an educational institution to an official who is subject to this subsection, within 30 days after receipt of the notice under paragraph (3) of this subsection, the Ethics Commission shall notify the governing board of the reason for its disagreement. On receipt of the notice from the Ethics Commission under subparagraph (i) of this paragraph, the governing board of the educational institution shall reexamine the matter. This section may be cited as the Public–Private Partnership Act.