Title 5. Maryland Public Ethics Law — Subtitle 8. Local Government Provisions

In this subtitle the following words have the meanings indicated.

“Lobbying” means performing acts, of a nature comparable to acts requiring registration under Subtitle 7 of this title, before the local government involved.

an individual who holds an elective office of a county or municipal corporation; and

a candidate for elective office as a local official of a county or municipal corporation.

Subject to § 5–209 of this title, each county and each municipal corporation shall enact provisions to govern the public ethics of local officials relating to:

Each local ethics commission or appropriate entity shall meet at least one time each year.

On or before October 1 of each year, each local ethics commission or appropriate entity shall:

Except as provided in subsection (b) of this section, the conflict of interest provisions enacted by a county or municipal corporation under § 5–807 of this subtitle:

The conflict of interest provisions for elected local officials enacted by a county or municipal corporation under § 5–807 of this subtitle:

In this section, “local official” includes an individual who is designated as a local official and whose position is funded wholly or partly by the State.

Financial disclosure provisions applicable to a candidate shall be consistent with the provisions applicable to an incumbent holding the office involved.

shall be substantially similar to the provisions of Subtitle 7 of this title; but

This section applies only to Prince George’s County.

The lobbying provisions required under § 5–807(a)(3) of this subtitle shall prohibit a person from being engaged for lobbying purposes for compensation that is dependent in any manner on the outcome of executive action or legislative action before the county government.

The county’s ethics enactments shall provide for:

This section applies only in Calvert County.

The county’s conflict of interest provisions required under § 5–807(a)(1) of this subtitle shall include a law or regulation that is equivalent to or exceeds the requirements of § 5–902 of this title.

The county’s ethics provisions shall include a law or regulation that requires the Calvert County Ethics Commission to make public any recommendation it makes to expel a Commissioner.

If the Ethics Commission determines that a county or municipal corporation has not complied with and has not made good–faith efforts toward compliance with the requirements of this part, the Ethics Commission:

The circuit court may grant any available equitable relief.

members of the school board; and

if applicable, officials and employees of the local school system.

In accordance with this section, a school board:

Unless a school board adopts and maintains conflict of interest regulations under subsection (a)(1) of this section, the provisions enacted by the county under § 5–808 of this subtitle shall apply to officials and employees of that school system.

Except as provided for a school board member under this part, unless a school board adopts and maintains financial disclosure regulations under this subtitle, the provisions enacted by the county under § 5–809 of this subtitle shall apply to:

In accordance with this section, a school board may adopt regulations relating to lobbying of members of the school board and of officials and employees of the school system.

The lobbying regulations adopted by a school board under subsection (a) of this section:

Unless a school board adopts and maintains lobbying regulations under this subtitle, the provisions enacted by the county under § 5–810 of this subtitle shall apply to that school system.

A school board shall submit regulations adopted under this part, and amendments to adopted regulations, to the Ethics Commission for review and approval or disapproval.

If the Ethics Commission does not disapprove a regulation or an amendment to a regulation within 60 days after its submission, the regulation or amendment is deemed to have been approved and becomes effective.

On request of a school board, the Ethics Commission shall advise and assist the school board in preparing regulations that comply with this part.

If the Ethics Commission determines that a school board, as required under § 5–816(a)(2) of this subtitle, has not complied with and has not made good–faith efforts toward compliance with the requirements of this Part III, the Ethics Commission:

The circuit court may grant any available equitable relief.

Each bicounty commission shall adopt regulations relating to conflicts of interest of its employees.

At a minimum, the conflict of interest standards applicable to public officials under Subtitle 5 of this title shall apply to the employees of each bicounty commission.

Each bicounty commission shall file with the Ethics Commission a copy of its regulations relating to conflicts of interest.

On or before April 30 each year, each bicounty commission shall:

In this section, as to the Washington Suburban Transit Commission, “commissioner” includes the members appointed from Montgomery County or Prince George’s County and the members appointed by the Governor.

An applicant for appointment as commissioner shall file the financial disclosure statement required by this part electronically with the Ethics Commission.

The financial disclosure statement shall be retained by the following individuals and entities for the entire term of office of the commissioner:

The Ethics Commission, the executive director of each bicounty commission, the chief administrative officer for Montgomery County, and the Prince George’s County Office of Ethics and Accountability:

The Ethics Commission, the executive director of each bicounty commission, the chief administrative officer for Montgomery County, and the Prince George’s County Office of Ethics and Accountability shall require that any person examining or copying a statement shall record:

Each bicounty commission shall adopt regulations relating to financial disclosure by its employees.

The regulations required by this section:

Each bicounty commission shall submit the regulations adopted under this section, and any amendments to the regulations, to:

On or before April 30 each year, each bicounty commission shall certify to the Ethics Commission that the bicounty commission is in compliance with the requirements of this section.

Each bicounty commission shall adopt regulations relating to lobbying of that bicounty commission.

The regulations adopted by a bicounty commission:

Each bicounty commission shall submit to the Ethics Commission a copy of its regulations relating to lobbying.

On or before April 30 each year, each bicounty commission shall:

In this part the following words have the meanings indicated.

“Application” means:

“Business entity” means:

“Candidate” means a candidate for election to the County Council who becomes a member.

“Continuing political committee” means a committee specifically created to promote the candidacy of a member running for any elective office.

“Contributor” means a person or business entity that makes a payment.

“County Council” means the County Council of Prince George’s County.

“County Executive” means the County Executive of Prince George’s County.

“District Council” means the County Council of Prince George’s County sitting as the District Council for the Prince George’s County portion of the Maryland–Washington Regional District.

“Member” includes any candidate or person duly elected or appointed who takes the oath of office as a member of the County Council for Prince George’s County and who thereby serves on the District Council.

“Payment” means a payment or contribution of money or property or the incurring of a liability or promise of anything of value to a treasurer of a candidate, a candidate’s continuing political committee, or a slate to which the candidate belongs.

“Political action committee” means a political committee that is not:

“Slate” means a group, combination, or organization of candidates created under the Election Law Article.

An applicant or agent of the applicant may not make a payment to a member, or a slate that includes a member, during the pendency of the application.

An applicant or agent may not take any action, directly or indirectly, with the intent to circumvent the intent of this part.

An ex parte communication concerning a pending application between an applicant or applicant’s agent and a member or the County Executive shall be disclosed as required in this section.

An applicant or agent who communicates ex parte during the pendency of the application with a member or with the County Executive shall file, for each ex parte communication, a separate disclosure with the clerk of the County Council within 5 working days after the communication was made or received, whichever is later.

The County Executive or a member who communicates ex parte during the pendency of the application with an applicant or agent shall file, for each ex parte communication, a separate disclosure with the clerk of the County Council within 5 working days after the communication was made or received, whichever is later.

a payment or contribution by an applicant or agent covered under § 5–835 of this subtitle; or

an ex parte communication covered under § 5–836 of this subtitle.

In the enforcement of this part, the clerk of the County Council shall be subject to the direction and control of the Ethics Commission or its Executive Director and, unless otherwise specifically directed by the Ethics Commission or its Executive Director, may only:

Notwithstanding any other provision of this part, as to a corporation listed on a national stock exchange or regulated by the Securities and Exchange Commission, and any subsidiary of the corporation, the following requirements apply if the filing of an affidavit is otherwise required under this part:

In this part the following words have the meanings indicated.

“Application” means an application for a local map amendment, including a reclassification.

“Business entity” means:

“Candidate” means an individual who wins an election to the Office of County Executive or County Council of Montgomery County.

“Contributor” means an individual or business entity that makes a contribution.

“Elected official” means an individual who holds the Office of County Executive or member of the County Council of Montgomery County.

“Political action committee” means a political committee that is not:

“Political committee” means any combination of two or more persons appointed by a candidate or any other person or formed in any other manner that assists or attempts to assist in any manner the promotion of the success or defeat of any candidate, candidates, political party, principle, or proposition submitted to a vote in any election.

An applicant or party of record who makes a contribution during the 4–year election cycle before the filing of the application or during the pendency of the application shall disclose the contribution in accordance with this section.

A person who knowingly and willfully violates this part is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

If the person is a business entity and not a natural person, each officer and partner of the business entity who knowingly authorized or participated in the violation is guilty of a misdemeanor and on conviction is subject to the same penalties as the business entity.

This part shall be enforced by the State’s Attorney for Montgomery County.

The County Council has no legal duty to verify the accuracy of any disclosure statement filed under this part.

Failure by any person, including the Chief Hearing Examiner of the Office of Zoning and Administrative Hearings, to comply with this part is not grounds for invalidation of any decision by the County Council, sitting as the District Council, for which a disclosure statement is required.

In this part the following words have the meanings indicated.

“Candidate” has the meaning stated in § 1–101 of the Election Law Article, but only as it applies to a candidate seeking election as a local official.

“Contribution” has the meaning stated in § 1–101 of the Election Law Article.

“Lobbyist” means a person required to register under § 2–295 of the Prince George’s County Code or § 19A–21 of the Montgomery County Code.

“Local official” means:

“Political committee” has the meanings stated in § 1–101 of the Election Law Article.

Beginning with the effective date of a lobbying registration and extending through the ending date of the registration period, a lobbyist who lobbies a local official, or a person acting on behalf of the lobbyist, may not:

This part may not be construed to prohibit a lobbyist from:

In this part the following words have the meanings indicated.

“Application” means:

“Business entity” means:

“Candidate” means a candidate for election as Howard County Executive, or to the Howard County Council, who becomes an elected official.

“Contribution” means any payment or transfer of money or property or the incurring of any liability or promise of anything of value to the treasurer of a candidate, a political committee, or a slate.

“Contributor” means an individual or business entity that makes a contribution.

“Elected official” means an individual who serves as Howard County Executive or as a member of the Howard County Council.

“Family member” means the spouse or child of either an applicant or a party of record who has made a contribution with the knowledge and consent of the applicant or party of record.

“Party of record” means an individual or business entity that participates in a map amendment proceeding by the County Council or the zoning board, or who participates in the adoption and approval of a comprehensive zoning plan by appearing at a public hearing, filing a statement in an official record, or engaging in other similar communication with an elected official where the intent is to oppose a change in classification or an increase in density of the land of an applicant.

“Political action committee” means a political committee that is not:

“Political committee” means a committee, whether continuing or noncontinuing, specifically created to promote the candidacy of a person running for elective office.

“Slate” means a group, combination, or organization of candidates created under the Election Law Article.

Except as provided in subsection (a)(3) of this section, the affidavit or disclosure shall be filed at least 30 calendar days before any consideration of the application by an elected official.

Within 2 weeks after entering a proceeding, a party of record that has made a contribution shall submit a disclosure as described in subsection (a)(2) of this section.

A contribution made after the filing of the initial disclosure and before final disposition of the application by the County Council shall be disclosed within 5 business days after the contribution.

In the enforcement of this part, the administrative assistant to the zoning board or the administrator of the County Council, as appropriate, considering an application shall be subject to the authority of the Howard County Ethics Commission and, unless otherwise directed by the Ethics Commission, shall:

In this part the following words have the meanings indicated.

“Agent” means a person that is:

“Aggrieved party” means:

“Application” means:

“Business entity” means:

“Candidate” means a candidate for County Executive or County Council who becomes an elected official.

“Contribution” means a payment or transfer of money or property worth at least $100, calculated cumulatively during the pendency of the application, to a candidate or a treasurer or political committee of a candidate.

“Governing body” means the governing body of Frederick County.

“Partnership” includes:

“Party of record” means a person that participated in a proceeding on an application before the governing body by appearing at a public hearing or filing a statement in an official record.

“Pendency of the application” means the time between the acceptance by the County Department of Planning and Zoning of a filing of an application and the earlier of:

“Political committee” means a committee specifically created to promote the candidacy of a member of the governing body who is running for an elective office.

“Treasurer” has the meaning stated in § 1–101 of the Election Law Article.

An applicant or agent may not make a contribution to a member of the governing body during the pendency of the application.

Except as provided in subsection (c) of this section, after an application has been filed, a member of the governing body may not vote or participate in any way in the proceedings on the application if the member or the treasurer or political committee of the member received a contribution from the applicant or agent during the pendency of the application.

A member of the governing body may participate in a comprehensive zoning or rezoning proceeding.

This section does not apply to a communication between a member of the governing body and an employee of the Frederick County government whose duties involve giving aid or advice to a member of the governing body concerning a pending application.

A member of the governing body who communicates ex parte with an individual concerning a pending application during the pendency of the application shall file with the Chief Administrative Officer a separate disclosure for each communication within the later of 7 days after the communication was made or received.

a contribution by an applicant or agent covered under § 5–858 of this subtitle; or

an ex parte communication covered under § 5–859 of this subtitle.

In the enforcement of this part, the Chief Administrative Officer shall be subject to the direction and control of the Frederick County Ethics Commission and, unless otherwise specifically directed by the County Ethics Commission, may only:

In this part, “campaign finance entity” has the meaning stated in § 1–101 of the Election Law Article.

A member, a person acting on behalf of the member, a campaign finance entity of the member, or any other campaign finance entity operated in coordination with the member may not solicit, receive, deposit, or use a contribution while the member is serving on the board or commission.

A campaign finance entity of the member or any other campaign finance entity operated in coordination with the member may not make an expenditure, except to pay a late filing fee or civil penalty imposed under Title 13 of the Election Law Article, while the member is serving on the board or commission.

A campaign finance entity of the member or any other campaign finance entity operated in coordination with the member shall pay any outstanding obligations before the member begins serving on the board or commission.

Not later than 48 hours after opening a campaign account through a campaign finance entity, an appointed member of a board or commission under § 5–865 of this subtitle who has established an authorized candidate campaign committee shall vacate the position on the board or commission.

In this part the following words have the meanings indicated.

“County Council” means the County Council of Anne Arundel County.

“County Executive” means the County Executive of Anne Arundel County.

The County Council may enact a local law to regulate the participation of a member of the County Council or the County Executive in any legislative action relevant to a zoning change or amendment, or to a land use application that is before the Office of Planning and Zoning or the Department of Inspections and Permits, if the member of the County Council or the County Executive accepts or has accepted, or as a candidate accepted, a campaign contribution from an individual or a business entity involved with the action or application.

The County Council may enact a local law to prohibit or otherwise regulate campaign contributions made to, or for the benefit of, a member of the County Council, the County Executive, or a candidate for election to the County Council or County Executive by an individual or a business entity involved with a legislative action relevant to a zoning change or amendment, or to a land use application that is before the Office of Planning and Zoning or the Department of Inspections and Permits.