There is a Maryland–National Capital Park and Planning Commission. The Commission is a body politic and corporate and is an agency of the State.

The Commission consists of 10 members. Of the 10 members of the Commission: five shall be residents and registered voters of Montgomery County; and five shall be residents and registered voters of Prince George’s County. Subject to the approval of the County Executive, the County Council shall appoint each commissioner from Montgomery County. Subject to the approval of the County Council, the County Executive shall appoint each commissioner from Prince George’s County. Each commissioner shall be an individual of ability, experience, and integrity. Of the commissioners from each county, not more than three shall be members of the same political party. A commissioner may not be selected as representing or supporting any special interest. The term of a commissioner is 4 years and begins on June 15. The terms of commissioners are staggered as required by the terms provided for commissioners on October 1, 2012. At the end of a term, a commissioner continues to serve until a successor is appointed and qualifies. A commissioner who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. A commissioner who is appointed to fill a vacancy for an unexpired term shall be a member of the same political party as the commissioner who vacated the office. Except as provided in subparagraph (ii) of this paragraph, a commissioner appointed from Montgomery County may not be appointed for three consecutive full terms. A commissioner appointed from Montgomery County may be appointed for a maximum of three consecutive full terms as a member of the Commission if the commissioner is designated as chair of the Montgomery County Planning Board during the commissioner’s second term in office.

In Montgomery County, the County Council shall make an appointment to the Commission from a list of applicants. The list shall be: completed at least 3 weeks before an appointment is made; and made available to the public. If the County Council does not appoint an individual whose name appears on the list or if no name appears on the list, the County Council shall provide for the preparation of a second list and follow the procedures under paragraph (2) of this subsection. Within 3 days after making an appointment, the County Council shall submit the name of the appointee to the County Executive. Within 30 days after the appointment is submitted, the County Executive shall approve or disapprove the appointment. An appointment that is not disapproved by the County Executive in accordance with this subsection is deemed to be approved. If the County Executive disapproves an appointment, the County Executive shall return the appointment to the County Council with the reasons for the disapproval stated in writing. By the affirmative vote of nine of its members, the County Council may appoint a commissioner over the disapproval of the County Executive. In Prince George’s County, the County Council shall hold public hearings on an appointment to the Commission not less than 10 days and not more than 20 days after the County Executive submits the name of the appointee to the County Council. If the County Council fails to act on the appointment within 30 days after the County Executive submits the name of the appointee, the appointment is deemed to be approved. A vote of a majority of the full County Council is required to approve or disapprove an appointment. In making and approving appointments, the County Council and County Executive shall attempt to provide reasonable geographic balance with respect to the commissioners’ places of residence. The appointment resolution for each appointment shall describe the resulting geographic distribution and provide appropriate explanations.

This section applies to each commissioner appointed by the Montgomery County Council under §§ 15–102 and 15–103 of this subtitle. The Montgomery County Council may require an applicant for appointment as a commissioner to be interviewed by the County Council or its designated agent in private regarding possible or potential conflicts of interest. Before the appointment is made, the County Council or its designated agent shall interview in private an applicant who is selected for appointment regarding possible or potential conflicts of interest. An applicant may not be appointed unless the applicant: has filed a financial disclosure statement as required by § 5–824 of the General Provisions Article; and has been interviewed as required by subsection (b) of this section. In an interview under this section, the applicant shall be interviewed: under oath; in a question and answer format; and about information and interests including all sources of income, property holdings, business interests, and financial interests of the applicant and the applicant’s spouse, parent, child, brother, or sister. The County Council may require the applicant to produce relevant documents. A written transcript shall be made of all questions and answers in an interview under this section. Unless the examination is waived by the applicant: the transcript shall be submitted to the applicant for examination; the transcribing officer shall make any changes in the transcript that the applicant desires to make, accompanied by a statement of the reason given by the applicant for the changes; and the applicant shall sign the transcript. The transcribing officer shall certify on the transcript that: the applicant was sworn by the officer; and the transcript is a true record of the testimony given by the applicant. The County Council shall: publicly disclose the complete transcript of an appointee within 3 weeks after the date of the appointment; and when the appointee takes office, destroy immediately the complete transcript of any other applicant without disclosure of any information contained in the transcript. On or before June 1 of each year, an appointee shall disclose, in writing, to the County Council all information available to make current the property holdings, business interests, and financial interests in the State and the greater Washington metropolitan area of the appointee and the appointee’s spouse, parent, child, brother, or sister. The County Council shall publicly disclose the information received from the appointee. If the County Council determines it necessary, the County Council may require substantiation and additional information.

The Montgomery County Council may remove or discipline any commissioner appointed from Montgomery County before the expiration of the commissioner’s term. With the approval of a majority of the members of the County Council, the County Executive of Prince George’s County may remove any commissioner appointed from Prince George’s County before the expiration of the commissioner’s term. Except as provided in paragraph (2) of this subsection, before a commissioner may be removed or disciplined under subsection (a) of this section: the cause for removal or disciplinary action shall be stated in writing; and a public hearing shall be held on the removal or disciplinary action. In Prince George’s County, the commissioner sought to be removed may waive in writing the public hearing held by the County Council.

The County Executive of Prince George’s County, with the approval of a majority of the members of the County Council, and the Montgomery County Council, with the approval of the County Executive in accordance with subsection (b) of this section, shall each designate a commissioner for the position of chair or vice chair. Within 3 days after making a designation, the Montgomery County Council shall submit the name of the designee to the County Executive. Within 30 days after the designation is submitted, the County Executive shall approve or disapprove the designation. If the County Executive disapproves a designee, the County Executive shall return the name of the designee to the County Council with the reasons for the disapproval stated in writing. By the affirmative vote of eight of its members, the County Council may designate a commissioner for the position of chair or vice chair over the disapproval of the County Executive. A designation that has not been disapproved by the County Executive in accordance with this subsection is deemed to be approved. The Commission shall elect a chair and vice chair from the commissioners designated in accordance with subsections (a) and (b) of this section. The chair shall: preside at meetings of the Commission; and perform the other customary duties of the office. The vice chair shall preside in the absence of the chair. The chair and vice chair of the Commission also serve as chairs of their respective county planning boards.

The Montgomery County Council may designate a commissioner from that county to serve on a full–time basis as the chair or vice chair of the Commission. With the approval of a majority of the members of the County Council, the County Executive of Prince George’s County may designate a commissioner from that county to serve on a full–time basis as the chair or vice chair of the Commission.

Each commissioner other than the chair is entitled to an annual salary of $5,600. The chair of the Commission is entitled to an annual salary of $6,100. All salaries shall be paid monthly from the administrative tax collected by the Commission under § 18–307 of this article. Subject to subparagraph (ii) of this paragraph, each commissioner is entitled to an annual expense allowance not exceeding $2,400, in accordance with rules and regulations the Commission adopts. A commissioner shall submit a voucher showing the expenses. With the approval of the County Executive of Montgomery County, the County Council may authorize an appropriate supplementary salary for the commissioner designated by Montgomery County to serve on a full–time basis. If the County Executive fails to approve a supplementary salary authorization by the County Council within 30 days after the authorization is submitted, the County Council, by an affirmative vote of eight of its members, may authorize the supplementary salary without the approval of the County Executive. On the recommendation of the County Executive of Prince George’s County, the County Council may authorize an appropriate supplementary salary for the commissioner designated by Prince George’s County to serve on a full–time basis. Any supplementary salary authorized under this subsection shall be paid from the administrative tax collected by the Commission under § 18–307 of this article.

The Commission shall appoint an executive director, a secretary–treasurer, and a general counsel. The executive director, secretary–treasurer, and general counsel serve at the pleasure of the Commission. The Commission shall set the compensation of the executive director, secretary–treasurer, and general counsel. The executive director and the secretary–treasurer shall be bonded. Of the three officers appointed under this section, not more than two shall be residents of the same county.

The Commission may: appoint or contract for the services of planning, engineering, legal, administrative, auditing, clerical, staff, or other employees necessary to administer this division on a regional basis; and set the compensation of employees and contractors.

The Commission may require any officer or employee to post security in a form and amount the Commission approves.

The Commission may: maintain offices in Montgomery County and Prince George’s County; and hold meetings, conduct hearings, and perform any of its duties under this division at the office that, in the Commission’s judgment, best suits the convenience of the public.

The Commission may: exercise the powers, duties, and functions provided in this division; use a common seal; sue and be sued; and do any other corporate act necessary to carry out this division. The Commission may raise the defense of partial governmental immunity described under § 5–512 of the Courts Article.

The Commission shall establish an adequate comprehensive insurance program. The comprehensive insurance program shall provide: compensation for personal injury or death or property damage resulting from negligence, malpractice, or any other civil or tortious act or omission of the Commission, or of its commissioners, employees, and agents acting within the scope of their duties and without malice or gross negligence; and protection for property of the Commission and for officials and employees acting within the scope of their duties, including a comprehensive workers’ compensation program. The Commission may purchase any other liability insurance the Commission considers necessary. The Commission may establish a program of group health, life, hospitalization, and disability insurance by purchasing insurance coverage from insurance companies authorized to do business in the State and, except for disability insurance, not by self–insurance. The insurance required under subsection (b) of this section and the disability insurance authorized under subsection (c) of this section may be provided by: purchasing insurance coverage from insurance companies authorized to do business in the State; a self–insurance program; or a combination of purchased insurance coverage and self–insurance. If a self–insurance program is established and funded to cover all or part of the insurance required under subsection (b) of this section: the Commission shall adopt rules and regulations for the administration of the program; and funding for the program shall be included in the annual operating budget. The insurance program established by the Commission shall provide for: defense of claims; and compensation for damages. Within the limits of appropriations for the insurance program, the Commission may: engage necessary claims investigators and adjustors; and provide for the defense and settlement of claims and payment of judgments. Subject to paragraph (3) of this subsection, the Commission may cooperate with and enter into agreements to obtain and provide insurance coverage in the most economical manner with: Montgomery County; Prince George’s County; both Montgomery County and Prince George’s County; or subject to the approval of the county government of a county affected by the agreement, other units of government. An agreement under paragraph (1) of this subsection may provide for any type of insurance protection, including: public liability; group health, life, hospitalization, and disability; real and personal property; and workers’ compensation. This subsection does not authorize the Commission to establish a self–insurance program for group health, life, and hospitalization insurance. Subject to paragraphs (2) and (3) of this subsection, a payment made to a police officer employed by the Commission for an illness or injury received in the line of duty in accordance with any disability program or disability insurance program authorized under this section is considered in the nature of workers’ compensation. A payment described in this subsection is independent of any payment made under the Maryland Workers’ Compensation Act. This subsection does not affect: the offset provision under § 9–610 of the Labor and Employment Article; or the presumption of a police officer’s entitlement to benefits under § 9–503 of the Labor and Employment Article.

The Commission shall prepare an annual financial report. The annual financial report shall: include the financial statements of the Commission; and be audited by an independent certified public accountant. The Commission shall make the audited annual financial report available for distribution to the public. After the audit is completed, the Commission shall publish a summary financial report consisting of a combined statement of revenues and expenditures for all funds: in at least one newspaper of general circulation published in Montgomery County; and in the newspapers officially designated by the Prince George’s County government as newspapers of record; or in the absence of a designation of a newspaper of record, in at least one newspaper of general circulation published in Prince George’s County. The publication of the summary financial report shall carry appropriate references to the Commission’s audited annual financial report.

The Commission shall publish each year a report describing the work of the Commission for the previous year, in the detail that the Commission considers appropriate. The report required under this subsection shall include: land acquisitions; financial transactions; personnel matters; and litigation and disposition of violations. The Commission may publish pamphlets describing: the law administered by the Commission; and subdivision, zoning, and other regulations adopted or enacted by the Commission or the district councils. The Commission may charge a fee for a publication issued under this section to cover any of the cost of the publication.

The Commission shall: maintain a minute or record book; and record its actions in the minute or record book in usual corporate form. The votes of the commissioners shall be separately taken and recorded by yeas, nays, and abstentions, and the reasons for each abstention shall be recorded, with respect to any: action authorizing, modifying, or rescinding the adoption of a master plan; approval of plats of subdivision; approval of subdivision or other regulations; recommendations on zoning map amendments; or zoning text amendments. The names of the commissioners voting or abstaining shall be included in the minute entry following a brief summary of the matter on which the vote was taken. The minute or record book shall be kept available and open to public inspection and copying during business hours in the Commission’s principal offices.

In the performance of the functions and duties of the Commission, any commissioner or employee or agent of the Commission may enter at all reasonable hours any building or private premises in the metropolitan district or in the regional district to make examinations and surveys and to place and maintain necessary monuments and marks on the building or premises.

Commissioners and employees of the Commission may engage in civilian defense or other defense activities under the direction of, or in cooperation with, federal, State, or county units in charge of the defense activities.

This section does not prohibit a commissioner from: appearing in the pursuit of the commissioner’s private interests as a citizen; accepting or receiving any benefit by operation of law; or prosecuting or pursuing any claim, right, privilege, or remedy that accrues to the commissioner by operation of law. This subsection does not prohibit a commissioner from having or holding a private investment, business, or professional interest, unless the interest is or reasonably may be in conflict with the proper performance of the commissioner’s duty. A private investment, business, or professional interest is presumed to be in conflict with the proper performance of the commissioner’s duty if the commissioner or the commissioner’s spouse, parent, child, brother, or sister: jointly or severally owns more than 3% of the invested capital or capital stock of any entity involved in the decision being made by the commissioner, Commission, or county planning board on which the commissioner serves; or receives a total combined compensation of more than $5,000 a year from any person involved in the decision being made by the commissioner, Commission, or county planning board on which the commissioner serves. This subsection does not apply to or include: an interest or investment in land geographically remote from the land involved in the decision; the ownership of real property on which the commissioner maintains a primary residence; or a possibility of reverter, a mortgage, or other security interest in real property not otherwise described in this subsection. A commissioner may not: decide, or participate in, a decision in which the commissioner has a financial interest, whether as an owner, member, partner, officer, employee, stockholder, or other participant of or in any private business or professional enterprise, that will be affected by the decision; or knowingly participate in a decision affecting the financial interest, jointly or severally, of a person related to the commissioner or the commissioner’s spouse, parent, child, brother, or sister. A commissioner may not: act as a broker, agent, attorney, representative, or employee of any person in the person’s business dealings with: Montgomery County; Prince George’s County; the Washington Suburban Sanitary Commission; or the Commission; decide, or participate in, a decision on any matter in which a close business or professional associate has acted as a broker, agent, attorney, representative, or employee of any person or represented private interests before: Montgomery County; Prince George’s County; the Washington Suburban Sanitary Commission; or the Commission; or represent a private interest or appear in a position of advocacy, other than in the performance of the commissioner’s official duties, either in person or through an associate, in any matter or proceeding pending before: the Montgomery County Council; the Prince George’s County Council; the Washington Suburban Sanitary Commission; the Commission; the Montgomery County Board of Appeals; or the Prince George’s County Board of Appeals. A commissioner may not solicit or accept any gift, favor, loan, service, promise, employment, or thing that might influence or tend to influence the proper performance of the commissioner’s duty. A commissioner may not: disclose confidential information concerning the property, management, or affairs of: Montgomery County; Prince George’s County; the Washington Suburban Sanitary Commission; or the Commission; or use any information described in item (1) of this subsection to advance the financial or other private interests of the commissioner or other persons. A commissioner may not attempt to influence for a purpose contrary to this section any other county or State official in the conduct of the other official’s duties. If a commissioner has any interest described in this section that is or reasonably may be incompatible with or in conflict with any of the commissioner’s official duties or acts, the commissioner: shall disclose the interest in a regular public meeting of the Commission or the county planning boards; and is disqualified and may not participate in the decision or act affected by the interest. A disclosure made under paragraph (1) of this subsection shall appear in the minutes of the meeting. A commissioner who violates any provision of subsections (b) through (f) of this section is guilty of a misdemeanor and on conviction is subject to: imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; suspension from the Commission or employment not exceeding 6 months; forfeiture and removal from office; or any combination of the penalties described in items (1) through (3) of this subsection.

This section applies only: to commissioners appointed from Montgomery County; and from the date of a commissioner’s appointment until the end of the commissioner’s tenure on the Commission. A commissioner may not: solicit or accept from any person with business before the Commission a financial contribution for any political candidate, political organization, or ballot question; or solicit from any person with business before the Commission an endorsement of or opposition to a political candidate.

Notwithstanding the requirements of § 5–504 of the General Provisions Article, a former commissioner from Montgomery County may not assist or represent another party for compensation in a matter that was the subject of action before the Montgomery County Planning Board while the commissioner served on the Board for 1 calendar year from the date the commissioner leaves office.

Within the first 3 months following appointment, a commissioner from Montgomery County shall successfully complete: the training required under § 3–213 of the General Provisions Article; the Maryland Department of Planning’s Planning Commissioner, Planning Board and Board of Appeals Education Course; and appropriate training on: Maryland Public Ethics Law; and Maryland–National Capital Park and Planning Commission policies and practices on: ethics; drug– and alcohol–free workplace; and workplace harassment and intimidation. Failure of a commissioner to meet the requirements of subsection (a) of this section does not invalidate a decision made by the Commission or establish a private cause of action.