This subtitle applies to each county of the State, the City of Baltimore, and each of the incorporated municipalities of the State. In this subtitle, the following terms have the meanings indicated. Defined Terms. “Designated second home” means: If an individual owns one second home, the individual’s second home; or If an individual owns more than one second home, any one second home the individual identifies to the Commission as the individual’s designated second home. “Elected local official” has the meaning stated in General Provisions Article, §5-804, Annotated Code of Maryland. “Home address” means the address of an individual’s: Principal home; and Designated second home, if any. Local Employee. “Local employee” means an individual who is employed by a county of the State, the City of Baltimore, or an incorporated municipality of the State. “Local employee” does not include: An elected local official or a nonelected local official; or An employee or official of an executive unit, as defined in COMAR 19A.01.01.02H. Nonelected Local Official. “Nonelected local official” means an individual who is appointed to serve on a board, commission, or other entity of a county of the State, the City of Baltimore, or an incorporated municipality of the State. “Nonelected local official” does not include: A local employee; An elected local official; or An employee or official of an executive unit, as defined in COMAR 19A.01.01.02H. “Principal home” means the sole residential property that an individual occupies as the individual’s primary residence, whether owned or rented by the individual. “Quasi-governmental entity” means an entity that is created by State statute, that performs a public function, and that is supported in whole or in part by the State but is managed privately. “Second home” means a residential property that: An individual occupies for some portion of the filing year; and Is not a rental property or a time share. Except as provided in COMAR 19A.04.03 of this subtitle, each county and municipality shall enact a local ethics law that includes: Conflict of interest and financial disclosure provisions for elected local officials that are at least equivalent to the requirements for State officials contained in General Provisions Article, Title 5, Subtitles 5 and 6, Annotated Code of Maryland; Conflicts of interest and financial disclosure provisions for individuals other than elected local officials that are similar to the provisions of the Public Ethics Law; and Lobbying provisions substantially similar to the provisions of the Public Ethics Law. A county or municipality that has an ethics law approved by the Commission shall maintain and implement the law consistent with this subtitle. General Provisions Article, §5-206, and Title 5, Subtitle 8, Annotated Code of Maryland Effective date: September 14, 1981 (8:18 Md. R. 1481) Regulations .01—.03 under Chapter, Model Laws repealed and new Regulations .01—.03 adopted under new Chapter, General Provisions effective April 18, 2011 (38:8 Md. R. 508) Regulation .02B amended effective December 7, 2017 (44:24 Md. R. 1151); February 7, 2022 (49:3 Md. R. 138) Regulation .03A amended effective January 16, 2017 (44:1 Md. R. 12) The provisions of this chapter reflect the minimum elements that shall be addressed by a county or municipal ethics law in order for the law to be viewed as: Similar or substantially similar to the Public Ethics Law; and For elected local officials and candidates to be elected local officials, at least equivalent to the requirements of General Provisions Article, Title 5, Subtitles 5 and 6, Annotated Code of Maryland. A county or municipality may adopt laws more stringent than the requirements of General Provisions Article, Title 5, Subtitles 5 and 6, Annotated Code of Maryland, based on local circumstances and where more stringent provisions are necessary to prevent conflicts of interest in the locality. To be viewed as similar to the Public Ethics Law, all elected local officials, local employees subject to the jurisdiction of the locality, and nonelected local officials shall be subject to the local ethics law. Conflicts of Interest. A local law shall include conflict of interest provisions for elected local officials equivalent to or exceeding the requirements of General Provisions Article, Title 5, Subtitle 5, Annotated Code of Maryland. Conflicts of Interest — Employees and Nonelected Local Officials. A local law shall include conflict of interest provisions for local employees and nonelected local officials. A county or municipality may adopt conflict of interest provisions for local employees and nonelected local officials that are identical to the conflict of interest provisions for elected local officials. Financial Disclosure. A local law shall include financial disclosure provisions for elected local officials and candidates to be elected local officials equivalent to or exceeding the requirements for State officials required in General Provisions Article, Title 5, Subtitle 6, Annotated Code of Maryland. Financial Disclosure — Employees and Nonelected Local Officials. A local law shall include financial disclosure provisions for local employees and nonelected local officials. A county or municipality may adopt financial disclosure provisions for local employees and nonelected local officials that are identical to the financial disclosure provisions for local elected officials. The local law shall: Identify or establish a local agency responsible for implementing the law; Provide the local agency responsible for implementing the law with a structure that supports impartiality and independence of judgment by its officials and employees through the hiring and appointment process; Provide for the local agency responsible for implementing the local law to issue advisory opinions as to the applicability of the law to elected local officials, nonelected local officials, and local employees and other persons subject to the law; and Establish a mechanism for processing and making determinations in response to complaints filed with the appropriate local agency alleging violations of the law. Similarity to Public Ethics Law. Unless the Commission grants the county or municipality a modification or exemption as provided in COMAR 19A.04.03.03 in accordance with General Provisions Article, §§5-209 and 5-808, Annotated Code of Maryland, as applicable, to be equivalent to the requirements of and similar to the Public Ethics Law, the local ethics law shall address conflicts of interest restrictions as described in this regulation. A local law that includes conflicts of interest restrictions more stringent than the restrictions described in this regulation may be similar to the Public Ethics Law. Disqualification. Comparison to Public Ethics Law. The local law shall include, for elected local officials, the disqualification and participation restrictions included in General Provisions Article, §5-501, Annotated Code of Maryland. When appropriate based on the local government structure and form, the local law may include, for elected local officials, the disqualification and participation restrictions included in General Provisions Article, §§5-512 and 5-513, Annotated Code of Maryland. The local law shall include a disqualification provision prohibiting a nonelected local official or local employee from participating, as a nonelected local official or local employee, in a county or municipal matter that would have a direct economic impact, distinct from the impact on the public at large, on the nonelected local official or local employee or that, to the knowledge of the nonelected local official or local employee, would have a direct economic impact on: A spouse, parent, sibling, or child of the nonelected local official or local employee; or A business entity with which any of the following is affiliated: The nonelected local official or local employee; or A spouse, parent, sibling, or child of the nonelected local official or local employee. The local law may include provisions: Authorizing the agency responsible for implementing the law to grant exceptions to the participation restrictions when no conflict of interest exists or when the interest is too remote and insubstantial to affect the integrity of the public actions of the official or employee; and Authorizing participation notwithstanding a conflict when 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. Outside Employment. Comparison to Public Ethics Law. The local law shall include, for elected local officials, the secondary employment restrictions included in General Provisions Article, §§5-502, 5-503, and 5-504(a), Annotated Code of Maryland. When appropriate based on the local government structure and form, the local law may include, for elected local officials, the secondary employment restrictions included in General Provisions Article, §5-514, Annotated Code of Maryland. The local law shall prohibit, for local employees and nonelected local officials, outside employment with an entity that: Is subject to the authority of the local employee or nonelected local official or of the agency with which the nonelected local official or local employee is affiliated; or Is negotiating or has entered a contract with or is a subcontractor on a contract with the agency with which the nonelected local official or local employee is affiliated. The local law shall prohibit, for local employees and nonelected officials, outside employment that would impair the impartiality or independent judgment of the nonelected local official or local employee. The local law may include provisions authorizing the agency responsible for implementing the law: To grant exceptions to the outside employment restrictions when the outside employment does not create a conflict of interest or the appearance of a conflict; and To grant limited exemptions to the outside employment restrictions under extraordinary circumstances. Financial Interests. Comparison to Public Ethics law. The local law shall include, for elected local officials, the financial interest restrictions included in General Provisions Article, §5-502, Annotated Code of Maryland. When appropriate, based on the local government structure and form, the local law may include, for elected local officials, the financial interest restrictions included in General Provisions Article, §5-514, Annotated Code of Maryland. The local law shall prohibit, for local employees and nonelected local officials, financial interests in an entity that: Is subject to the authority of the local employee or nonelected local official or of the agency with which the nonelected local official or local employee is affiliated; or Is negotiating or has entered a contract with or is a subcontractor on a contract with the agency with which the nonelected local official or local employee is affiliated. The local law may include provisions authorizing the agency responsible for implementing the law: To grant exceptions to the financial interest restrictions when the financial interest does not create a conflict of interest or the appearance of a conflict; and To grant limited exemptions to the financial interest restrictions under extraordinary circumstances. Post-Employment. The local law shall include, for former elected local officials, the post-employment restrictions included in General Provisions Article, §5-504(d), Annotated Code of Maryland. The local law shall include a restriction on former nonelected local officials' and local employees' activities relating to cases, contracts, or other specific matters in which the former nonelected local officials or former local employees significantly participated in their local positions. Prestige of Office. The local law shall include, for elected local officials, the prestige of office restrictions included in General Provisions Article, §5-506, Annotated Code of Maryland. The local law shall prohibit nonelected local officials and local employees from using their official positions or public positions for their private gain or the private gain of another. Confidential Information. The local law shall include, for elected local officials, the restrictions on the use of confidential information included in General Provisions Article, §5-507, Annotated Code of Maryland. The local law shall prohibit nonelected local officials and local employees or former nonelected local officials and local employees from using or disclosing, except in the discharge of an official duty, nonpublic information obtained in the course of official local duties for personal economic benefit or the economic benefit of another. Gifts. The local law shall include, for elected local officials, the gift solicitation and acceptance restrictions included in General Provisions Article, §5-505, Annotated Code of Maryland. The local law shall prohibit nonelected local officials and local employees from: Soliciting gifts; and Directly soliciting or facilitating the solicitation of a gift, on behalf of another person, from an individual registered as a lobbyist under the local law. The local law shall prohibit nonelected local officials and local employees from accepting gifts from persons regulated by or contracting with the local entity with which the nonelected local official or local employee is affiliated. The local law shall define “gift”: To include the transfer of anything of economic value, regardless of the form, without adequate and lawful consideration; and To exclude contributions as defined in Election Law Article, Annotated Code of Maryland. The local law may: Include exceptions similar to the exceptions included in General Provisions Article, §5-505, Annotated Code of Maryland; and Include provisions to allow the local agency responsible for implementing the local ethics law to grant exceptions and exemptions from the gift acceptance prohibitions similar to the exception and exemption authority granted to the State Ethics Commission in General Provisions Article, §5-505, Annotated Code of Maryland. An official or employee may not retaliate against an individual for reporting or participating in an investigation of a potential violation of the local ethics law or ordinance. Unless the Commission grants a county or municipality a modification or exemption as provided in COMAR 19A.04.03.03 in accordance with General Provisions Article, §§5-209 and 5-809, Annotated Code of Maryland, as applicable, the local law shall include financial disclosure requirements as described in this regulation. Elected Local Officials. For elected local officials, the local law shall include financial disclosure requirements for elected local officials that are at least equivalent to the requirements in General Provisions Article, Title 5, Subtitle 6, Annotated Code of Maryland. The local law shall require: An elected local official who is appointed to fill a vacancy in an office and who has not already filed a statement for the preceding calendar year to file a financial disclosure statement within 30 days of appointment for the preceding calendar year; An elected local official who leaves office, other than by reason of death, to file a financial disclosure statement within 60 days after leaving the office for the portion of the current calendar year during which the individual held office and, if a statement has not been filed for the preceding calendar year, for the preceding calendar year; and All other elected local officials to file a financial disclosure statement on or before April 30 of each year for the preceding calendar year. Local Employees and Nonelected Local Officials. Unless the Commission grants the county or municipality a modification or exemption as provided in COMAR 19A.04.03.03, in accordance with General Provisions Article, §§5-209 and 5-809, Annotated Code of Maryland, the local law shall require nonelected local officials and local employees who, acting alone or as members or employees of a local entity, have decision making authority or act as principal advisors to a person with that authority in making local policy or exercising quasi-judicial, regulatory, licensing, inspecting, or auditing functions: To file an annual statement, on or before a date established in the local law, disclosing gifts received from entities contracting with or regulated by the county or municipality; and To file a statement disclosing interests that raise conflicts of interest or potential conflicts of interest in connection with a specific proposed action by the employee or official, sufficiently in advance of the action to provide adequate disclosure to the public. A local law may require local employees and nonelected local officials to file financial disclosure statements disclosing the information that local elected officials are required to disclose under §B of this regulation. Candidates to Be Elected Local Officials. The local law shall require candidates to be elected local officials to file financial disclosure statements disclosing the same information elected local officials are required to disclose under §B of this regulation. The local law shall require that candidates to be elected local officials file required financial disclosure statements no later than the filing of the certificates of candidacy for the positions and on or before April 30 of each subsequent year until the election. The local law shall provide that financial disclosure statements filed under the local law are public records and are available for public inspection and copying. Unless the Commission grants a county or municipality a modification or exemption as provided in COMAR 19A.04.03.03, the local law shall include lobbying provisions as described in this regulation. Lobbying Registration. To be substantially similar to the Public Ethics Law, the local law shall require, at a minimum, that a person who provides elected local officials, appointed officials, or employees with food, entertainment, or other gifts exceeding an amount specified in the local law during a period specified in the local law in connection with efforts to influence official local actions to register as a lobbyist with the agency responsible for implementing the local law on the form provided by that agency. The local law shall require that a lobbyist registration shall: Identify the lobbyist, the subject matters on which the lobbyist will lobby, and any other person for whom the lobbyist lobbies; and Cover a defined period of time, as specified in the local law. The local law shall require periodic disclosure, including identification of recipients, of food, entertainment, and gifts to elected local officials, nonelected local officials, and local employees, from a lobbyist when the cumulative value of the gifts exceeds an amount specified in the local law. A local law may adopt provisions similar to the lobbying provisions of General Provisions Article, Title 5, Subtitle 7, Annotated Code of Maryland, including: Compensation-based registration criteria, a requirement to report compensation received by a lobbyist for lobbying activities, and rules distinguishing between executive and legislative lobbying efforts; Lobbying registration and reporting requirements for lobbying related to regulations, executive orders, and procurement; and Registration requirements similar to General Provisions Article, §5-702(1), Annotated Code of Maryland. To be substantially similar to the Public Ethics Law, the local law shall provide that lobbying registrations and reports are public records and are available for public inspection and copying. A local law shall include sanctions for violations of the substantive provisions of the law. Consistent with local power and authority, enforcement provisions may include: Civil fines; Cease and desist orders to enjoin continuation of violations; Administrative and personnel sanctions; Reprimands; Late fees; Criminal sanctions; and Other sanctions as appropriate in the local jurisdiction. General Provisions Article, §§5-206 and 5-209 and Title 5, Subtitle 8, Annotated Code of Maryland Effective date: September 14, 1981 (8:18 Md. R. 1481) Regulation .02A and B amended effective January 20, 1992 (19:1 Md. R. 34) Regulation .03A amended effective January 20, 1992 (19:1 Md. R. 34) Regulation .04B amended effective January 20, 1992 (19:1 Md. R. 34) Regulation .05C amended effective January 20, 1992 (19:1 Md. R. 34) Regulations .01—.07 repealed and new Regulations .01—.07 adopted effective April 18, 2011 (38:8 Md. R. 508) Regulation .04A amended effective January 16, 2017 (44:1 Md. R. 12) Regulation .04G amended effective February 7, 2022 (49:3 Md. R. 138) Regulation .04H amended effective July 17, 2017 (44:14 Md. R. 656) Regulation .04I repealed effective January 16, 2017 (44:1 Md. R. 12) Regulation .04I adopted effective February 7, 2022 (49:3 Md. R. 138) Regulation .05A amended effective January 16, 2017 (44:1 Md. R. 12) On or before October 1 of each year, the local ethics commission or other appropriate entity of a county or municipality shall certify to the Commission on the form provided by the Commission that the county or municipality is in compliance with COMAR 19A.04.01.03 and General Provisions Article, §5-807, Annotated Code of Maryland. In addition to the annual certification required by §A of this regulation, a county or municipality shall submit promptly a copy of any new local law or amendments or additions to a local law to the Commission for the Commission's review and approval. A county or municipality may submit proposed ethics provisions and amendments to the Commission for review and comment prior to final enactment. The Commission shall review all finally enacted laws submitted to the Commission and shall determine if the local law meets the requirements of this subtitle and General Provisions Article, Title 5, Subtitle 8, Annotated Code of Maryland. In determining whether a local law meets the statutory requirements for elected local officials and for being similar to the Public Ethics Law, the Commission shall apply the criteria of COMAR 19A.04.02 and General Provisions Article, Title 5, Subtitle 8, Annotated Code of Maryland. If the Commission determines that a local law does not meet the requirements of this subtitle and General Provisions Article, Title 5, Subtitle 8, Annotated Code of Maryland, the Commission shall notify the county or municipality of the determination and Commission staff shall assist the local entity in developing local provisions that comply with these requirements. Exemption and Modification Requests. Request for a Modification or Exemption. A county may request a modification of the requirements of COMAR 19A.04.02 when appropriate based on clearly demonstrable local circumstances. A municipality may request a modification of or an exemption from the requirements of COMAR 19A.04.02 when appropriate based on clearly demonstrable local circumstances. Commission Review of Exemption and Modification Requests. The Commission may grant exemptions from and modifications to the requirements of COMAR 19A.04.02 as provided in this regulation. The Commission may not grant a county: An exemption from the requirement that a county adopt a local law; or A modification to the requirements of COMAR 19A.04.02 for elected local officials. When demonstrable local circumstances justify departure from the basic elements of the Public Ethics Law, the Commission may grant a county or a municipality a modification to the requirements of COMAR 19A.04.02. Commission Review of Municipality Exemption Requests. The Commission may grant a municipality an exemption from the requirements of COMAR 19A.04.02 if because of the size of the municipality the application of all or any portion of COMAR 19A.04.02 and the Public Ethics Law would constitute an unreasonable invasion of privacy, would significantly reduce the availability of qualified persons for public service, and is not necessary to preserve the purposes of the Public Ethics Law. In considering whether the size of a municipality justifies an exemption or modification, the Commission shall consider the population of the municipality and other factors relating to size, including the number of public employees, the type and number of government functions performed by the municipality, and the size of the municipal budget. Exemptions and Modifications — Duration and Review Procedures. Any exemption or modification granted to a county or municipality shall remain in effect until: The Commission determines that the original determination was in error; or The county or municipality has substantially changed since the exemption or modification was granted. A county or municipality may request a change in its exemption status at any time by submitting a written request to the Commission. The Commission may review the status of all municipal exemptions and modifications at the end of each alternating decennial census to determine if any municipal exemption or modification will be reconsidered based on the information available at that time. If the Commission preliminarily determines that an existing exemption or modification should be reviewed or reconsidered, the Commission shall notify the county or municipality at least 60 days before Commission review or reconsideration. A county or municipality may: Present information or views regarding an exemption or modification to the Commission in writing; and Appear before the Commission at the request of the county or municipality or at the request of the Commission. Members of the public may present views or information in writing. The Commission shall: Make decisions regarding exemptions and modification in open public meetings; and Advise counties and municipalities of decisions regarding exemptions and modifications in writing. The Commission and its staff shall make reasonable efforts to assist counties and municipalities in developing local laws that reflect the intent of the Public Ethics Law and take account of local circumstances and needs in avoiding conflicts of interest within that jurisdiction. Nonconformance Remedies. If the Commission determines that a county or municipality has not complied with and has not made good faith efforts toward compliance with the requirements of the Public Ethics Law, the Commission may issue a public notice: Concerning the failure of compliance by the local jurisdiction; and Listing the specific areas of noncompliance in the proposed or enacted local ethics law. If the Commission determines that a county or municipality has not complied with the requirements of the Public Ethics Law, the Commission may seek appropriate relief in a court exercising equity jurisdiction in the county or city having proper venue for the purposes of requiring compliance with the Public Ethics Law. A court may grant any available equitable relief, including imposition of a model law developed by the Commission on the local jurisdiction. General Provisions Article, §§5-206 and 5-209, and Title 5, Subtitle 8, Annotated Code of Maryland Effective date: September 14, 1981 (8:18 Md. R. 1481) Appendixes A and B amended effective March 29, 1982 (9:6 Md. R. 615) Regulation .01 amended effective January 20, 1992 (19:1 Md. R. 34) Regulation .02A and E amended effective January 20, 1992 (19:1 Md. R. 34) Regulation .03 amended effective January 20, 1992 (19:1 Md. R. 34) Regulation .04B amended effective January 20, 1992 (19:1 Md. R. 34) Regulations .01—.04 repealed and new Regulations .01—.04 adopted effective April 18, 2011 (38:8 Md. R. 508) Regulation .01A amended effective January 16, 2017 (44:1 Md. R. 12) Regulation .03B amended effective February 16, 2026 (53:3 Md. R. 123) Regulation .04 amended effective May 25, 2015 (42:10 Md. R. 685) Appendixes A and B amended effective February 16, 2026 (53:3 Md. R. 123) The model local ethics laws in Appendices A and B to this subtitle are established as alternative model provisions developed by the Commission under General Provisions Article, §5-205, Annotated Code of Maryland. Status. The model local laws in Appendices A and B to this subtitle are informational and examples only. The Commission shall determine whether a county or municipal law complies with the requirements of General Provisions Article, Title 5, Subtitle 8, Annotated Code of Maryland, based on the criteria and guidelines set forth in COMAR 19A.04.02 and the Public Ethics Law. Compliance with Public Ethics Law Requirements. The model laws in Appendices A and B comply with the requirements of General Provisions Article, Title 5, Subtitle 8, Annotated Code of Maryland. The model conflict of interest and financial disclosure provisions for elected officials in Appendices A and B are equivalent to the requirements of General Provisions Article, Title 5, Subtitles 5 and 6, Annotated Code of Maryland. Applicability. The model law in Appendix A may be viewed as a guide for larger counties and municipalities. The model law in Appendix B may be viewed as a guide for smaller counties and municipalities. General Provisions Article, §§5-205 and 5-206, and Title 5, Subtitle 8, Annotated Code of Maryland Effective date: April 18, 2011 (38:8 Md. R. 508)