In this subtitle, “Committee” means the Joint Committee on Legislative Ethics.

There is a Joint Committee on Legislative Ethics, which is a joint committee of the Senate and the House.

The Committee consists of the following 12 regular members: six Senators appointed by the President; and six Delegates appointed by the Speaker. The Senators appointed by the President shall be chosen so that each political party is represented in approximately the same proportion as the party is represented in the Senate. Minority party members shall be appointed upon the recommendation of the minority leader of the Senate. The Delegates appointed by the Speaker shall be chosen so that each political party is represented in approximately the same proportion as the party is represented in the House. Minority party members shall be appointed upon the recommendation of the minority leader of the House. A member appointed by the President serves at the pleasure of the President. A member appointed by the Speaker serves at the pleasure of the Speaker. The President and the Speaker shall be nonvoting ex officio members of the Committee.

The President and the Speaker: jointly shall appoint a chair and a vice chair of the Committee; or each shall appoint a cochair of the Committee. Appointees serve at the pleasure of the appointing authority.

The Committee shall meet at the times and places that it determines.

The Committee shall: perform all duties assigned to it by law or by legislative rules; from time to time, recommend to the presiding officers any changes in or amendments to the rules of legislative ethics; on request of a member of the General Assembly, issue an advisory opinion regarding the legislative ethics of an action taken or contemplated to be taken by the member; on its own motion, issue advisory opinions as it deems necessary; at the request of the President or the Speaker, make recommendations concerning matters referred to the Committee; as it deems necessary, issue guidelines and establish procedures for the implementation of the rules of legislative ethics; maintain public records as the rules require; and review complaints filed under § 5–516 of the General Provisions Article alleging violations of the antiharassment policy and procedures adopted by the Legislative Policy Committee that govern the conduct of members of the General Assembly. The Committee shall maintain the statements filed by members of the General Assembly under Title 5, Subtitle 5 of the General Provisions Article and, during normal office hours, make the statements available to the public for examination and copying. The Committee shall maintain a record of: the name and home address of each individual who examines or copies a statement filed with the Committee by a member of the General Assembly; and the name of the member whose statement was examined or copied. On the request of the member whose statement was examined or copied, the Committee shall forward to the member a copy of the record maintained by the Committee under paragraph (2)(i) of this subsection.

The Committee may propose the adoption, amendment, or repeal of rules of legislative ethics. Changes to the rules shall be presented in the form of a joint resolution and shall become effective after adoption of the joint resolution by a constitutional majority of each house voting separately. Before presenting a change to the rules, the Committee shall conduct a public hearing. The rules may supplement but may not be inconsistent with the provisions of the Maryland Public Ethics Law that relate to members of the General Assembly. The rules are effective whether or not the General Assembly is in session and shall be binding on each member of the General Assembly.

The President and the Speaker may refer to the Committee any matter that they consider appropriate.

The Executive Director of the Department of Legislative Services, subject to the approval of the President and Speaker, shall appoint an attorney to serve as Counsel to the Committee. The Counsel: shall devote full time to the duties of the Committee, but may not participate in any investigatory or prosecutorial function; may provide information to any person regarding laws, rules, and other standards of ethical conduct applicable to members of the General Assembly; shall carry out any duties prescribed under Title 5, Subtitle 5 of the General Provisions Article; shall meet individually with each member of the General Assembly each year to: advise the member regarding the requirements of any applicable ethics law, rule, or standard of conduct; and assist the member in preparing statements and reports required to be filed with the Committee under Title 5, Subtitle 5, Part II of the General Provisions Article; and shall conduct seminars, workshops, and briefings for the benefit of members of the General Assembly, as directed by the Committee, the President, or the Speaker. The assistance of the Counsel to members of the General Assembly: is subject to the attorney client privilege, as set forth in § 9–108 of the Courts Article; is subject to confidentiality under § 5–517 of the General Provisions Article; and is intended as a service to the members and may not be deemed to diminish a member’s personal responsibility for adherence to applicable laws, rules, and standards of ethical conduct. The Committee shall have other staff assistance as requested by the Committee and as provided in the budget of the General Assembly.

In this section, “Board” means the Citizens’ Advisory Board for Legislative Ethics established under subsection (b) of this section. There is a Citizens’ Advisory Board for Legislative Ethics. The Board consists of the following members: a member of the public who shall serve as the chair, appointed jointly by the President of the Senate and the Speaker of the House; two members of the public, appointed by the President of the Senate; and two members of the public, appointed by the Speaker of the House. A member of the Board: shall be a resident of the State; may not be a State or local elected official; and may not be a regulated lobbyist. No more than two members of the Board at any one time may be former members of the General Assembly. The members of the Board shall be chosen so that each political party is represented in approximately the same proportion as the party is represented in the General Assembly. In appointing members of the Board, the presiding officers shall seek individuals with a knowledge of or background in public ethics. The term of a member of the Board is 2 years and begins on January 1 of each even–numbered year. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. With the consent of the Legislative Policy Committee, the President and Speaker may remove a member for incompetence or misconduct. The Board shall regularly offer recommendations to the Committee and the presiding officers regarding changes to the Public Ethics Law, the policies and procedures of the Committee, and public advisory opinions of the Committee.