# COMAR Title 19A — State Ethics Commission

## Subtitle 04 — Local Government Ethics Law

### Chapter 01 — General Provisions

**Authority:** General Provisions Article, §5-206, and Title 5, Subtitle 8, Annotated Code of Maryland

**Administrative History:** Effective date: September 14, 1981 (8:18 Md. R. 1481)

**Administrative History:** Regulations .01—.03 under Chapter, Model Laws repealed and new Regulations .01—.03 adopted under new Chapter, General Provisions effective April 18, 2011 (38:8 Md.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)

**Administrative History:** Regulation .02B amended effective December 7, 2017 (44:24 Md. R. 1151); February 7, 2022 (49:3 Md. R. 138)

**Administrative History:** Regulation .03A amended effective January 16, 2017 (44:1 Md. R. 12)

#### Regulation .01 Applicability.

*COMAR 19A.04.01.01*

This subtitle applies to each county of the State, the City of Baltimore, and each of the incorporated municipalities of the State.

#### Regulation .02 Definitions.

*COMAR 19A.04.01.02*

A. In this subtitle, the following terms have the meanings indicated.

B. Defined Terms.

  (1) “Designated second home” means:

    (a) If an individual owns one second home, the individual’s second home; or

    (b) 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.

  (2) “Elected local official” has the meaning stated in General Provisions Article, §5-804, Annotated Code of Maryland.

  (3) “Home address” means the address of an individual’s:

    (a) Principal home; and

    (b) Designated second home, if any.

  (4) Local Employee.

    (a) “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.

    (b) “Local employee” does not include:

      (i) An elected local official or a nonelected local official; or

      (ii) An employee or official of an executive unit, as defined in COMAR 19A.01.01.02H.

  (5) Nonelected Local Official.

    (a) “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.

    (b) “Nonelected local official” does not include:

      (i) A local employee;

      (ii) An elected local official; or

      (iii) An employee or official of an executive unit, as defined in COMAR 19A.01.01.02H.

  (6) “Principal home” means the sole residential property that an individual occupies as the individual’s primary residence, whether owned or rented by the individual.

  (7) “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.

  (8) “Second home” means a residential property that:

    (a) An individual occupies for some portion of the filing year; and

    (b) Is not a rental property or a time share.

#### Regulation .03 Enactment of Local Laws.

*COMAR 19A.04.01.03*

A. Except as provided in COMAR 19A.04.03 of this subtitle, each county and municipality shall enact a local ethics law that includes:

  (1) 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;

  (2) 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

  (3) Lobbying provisions substantially similar to the provisions of the Public Ethics Law.

B. A county or municipality that has an ethics law approved by the Commission shall maintain and implement the law consistent with this subtitle.