Chapter 02. Review Criteria
Regulation .01 Scope.LinkCopy Citation
A.
The provisions of this chapter reflect the minimum elements that shall be addressed by board of education regulations in order for the Commission to view the regulations as:
(1)
Similar or substantially similar to the Public Ethics Law; and
(2)
For members of the school board and candidates to be members of the school board, at least equivalent to the requirements of General Provisions Article, Title 5, Subtitles 5 and 6, Annotated Code of Maryland.
B.
A board of education may adopt regulations more stringent than 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 that school system.
Regulation .02 Coverage.LinkCopy Citation
A.
To be viewed as similar to the Public Ethics Law, all members of the school board, school officials, and school employees shall be subject to the board of education’s ethics regulations.
B.
Conflicts of Interest.
(1)
A board of education’s ethics regulations shall include conflict of interest provisions for members of the school board and candidates to be members of the school board equivalent to or exceeding the requirements of the Public Ethics Law, General Provisions Article, Title 5, Subtitle 5, Annotated Code of Maryland.
(2)
A board of education’s ethics regulations shall include conflict of interest provisions for school officials and school employees.
(3)
A board of education may adopt conflict of interest provisions for school officials and school employees that are identical to the conflict of interest provisions for members of the school board.
C.
Financial Disclosure.
(1)
A board of education’s ethics regulations shall include financial disclosure provisions for members of the school board and candidates to be members of the school board equivalent to or exceeding the requirements for officials required in General Provisions Article, Title 5, Subtitle 6, Annotated Code of Maryland.
(2)
School Officials and Employees.
(a)
Except as provided in §C(2)(b) of this regulation, a board of education’s ethics regulations shall include financial disclosure provisions for school officials and school employees.
(b)
Under General Provisions Article, §15-813(a)(2)(ii), Annotated Code of Maryland, a board of education’s financial disclosure regulations may not be applied to a classroom teacher unless the teacher is assigned other duties not normally expected of classroom teachers.
(3)
Except as provided in §C(2)(b) of this regulation, a board of education’s ethics regulations may include financial disclosure requirements for school officials and school employees identical to the requirements for members of the board of education.
Regulation .03 Administration and Enforcement.LinkCopy Citation
A board of education’s ethics regulations shall:
A.
Identify or establish an entity responsible for implementing the regulations;
B.
Within the board of education’s administrative authority, provide a mechanism to issue advisory opinions as to the applicability of the regulations to members of the school board, school officials, school employees, and other persons subject to the provisions of the regulations;
C.
Establish a mechanism for processing and making determinations in response to complaints alleging violations of the regulations; and
D.
Within the board of education’s administrative authority, include sanctions for enforcement of the substantive provisions.
Regulation .04 Conflicts of Interest.LinkCopy Citation
A.
To be equivalent to the requirements of and similar to the Public Ethics Law, a board of education’s ethics regulations shall address conflict of interest restrictions as described in this regulation.
B.
Disqualification.
(1)
The regulations shall include, for members of the school board, the disqualification and participation restrictions included in General Provisions Article, §5-501, Annotated Code of Maryland.
(2)
The local law shall include a disqualification provision prohibiting a school official or school employee from participating, as a school official or school employee, in a school system matter that would have a direct economic impact, distinct from the impact on the public at large, on the school official or school employee, or that, to the knowledge of the school official or school employee would have a direct economic impact on:
(a)
The spouse, parent, sibling, or child of the school official or school employee; or
(b)
A business entity with which any of the following is affiliated:
(i)
The school official or school employee; or
(ii)
The spouse, parent, sibling, or child of the school official or employee.
(3)
The regulations may include:
(a)
A provision that allows participation when the potential conflict is disclosed and when no other school official or school employee may act;
(b)
A provision which allows participation when the potential conflict is disclosed and disqualification would result in lack of board quorum; or
(c)
Exception provisions allowing the entity implementing the law to waive the disqualification requirement 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.
C.
Outside Employment.
(1)
The regulations shall include, for members of the school board, the secondary employment restrictions included in General Provisions Article, §§5-502, 5-503, and 5-504(a), Annotated Code of Maryland.
(2)
The regulations shall prohibit, for school officials and school employees, outside employment that would impair the impartiality and independent judgment of the school official or school employee.
(3)
The regulations may prohibit, for school officials and school employees, outside employment with an entity that:
(a)
Is subject to the authority of school system or board of education; or
(b)
Is negotiating or has entered a contract with or is a subcontractor on a contract with the school system or board of education.
(4)
The regulations may include provisions to allow the entity implementing the regulations to grant an exception when the outside employment would not affect the official duties of the school official or school employee.
D.
Financial Interest Prohibitions.
(1)
The regulations shall include, for members of the school board, the financial interest restrictions included in General Provisions Article, §§5-502, 5-503, and 5-504(a), Annotated Code of Maryland.
(2)
The regulations may prohibit, for school officials and school employees, financial interests in an entity that:
(a)
Is subject to the authority of the school system or board of education; or
(b)
Is negotiating or has entered a contract with or is a subcontractor on a contract with the school system or board of education.
(3)
The regulations may include provisions to allow the entity implementing the regulations to grant an exception when the financial interest would not affect the official duties or the school official or school employee.
E.
Post-Employment Restrictions.
(1)
The regulations shall include, for former members of the school board, the post-employment restrictions included in General Provisions Article, §5-504(d), Annotated Code of Maryland.
(2)
The regulations shall include a restriction on former school officials’ and school employees’ activities relating to cases, contracts, or other specific matters in which the former school officials or former school employees significantly participated in their school positions.
F.
Prestige of Office.
(1)
The regulations shall include, for members of the school board, the prestige of office restrictions included in General Provisions Article, §5-506, Annotated Code of Maryland.
(2)
The regulations shall prohibit school officials and school employees from using their official positions or public positions for their private gain or the private gain of another.
G.
Confidential Information.
(1)
The regulations shall include, for members of the school board, the restrictions on the use of confidential information included in General Provisions Article, §5-507, Annotated Code of Maryland.
(2)
The regulations shall prohibit school officials and school employees from using or disclosing, except in the discharge of an official duty, nonpublic information obtained in the course of official school duties for personal economic benefit or the economic benefit of another.
H.
Gifts.
(1)
The regulations shall include, for members of the school board, the gift restrictions included in General Provisions Article, §5-505, Annotated Code of Maryland.
(2)
The regulations shall prohibit school officials and school employees from:
(a)
Soliciting a gift; and
(b)
Directly soliciting or facilitating the solicitation of a gift, on behalf of another person, from an individual registered as a lobbyist under the regulations.
(3)
The regulations shall prohibit school officials and school employees from accepting gifts from persons regulated by or contracting with the school system with which the school official or school employee is affiliated.
(4)
The regulations shall define “gift”:
(a)
To include the transfer of anything of economic value, regardless of the form, without adequate and lawful consideration; and
(b)
To exclude a contribution as defined in Election Law Article, Annotated Code of Maryland.
(5)
The regulations may:
(a)
Include exceptions similar to the exceptions included in General Provisions Article, §5-505, Annotated Code of Maryland; and
(b)
Include provisions to allow the person or entity responsible for implementing the regulations 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.
Regulation .05 Financial Disclosure.LinkCopy Citation
A.
Members of the School Board.
(1)
For members of the school board, the regulations shall include financial disclosure requirements that are at least equivalent to the requirements of General Provisions Article, Title 5, Subtitle 6, Annotated Code of Maryland.
(2)
The regulations shall require:
(a)
A member of the school board 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 for the preceding calendar year within 30 days of appointment;
(b)
A member of the school board 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
(c)
All other members of the school board to file a financial disclosure statement for the preceding calendar year on or before April 30 of each year.
B.
Candidates to Be Members of the School Board.
(1)
This section only applies to a school board that is an elected board under Education Article, Title 3, Subtitle 1, Part III, Annotated Code of Maryland.
(2)
The regulations shall require candidates to be members of the school board to file financial disclosure statements disclosing the same information members of the school board are required to disclose under §A of this regulation.
(3)
The regulations shall require that candidates to be members of the school board 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.
C.
School Officials and School Employees.
(1)
Except as provided in COMAR 19A.05.02.02C(2)(b), the regulations shall require school officials and school 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 school system or school board policy or exercising quasi-judicial, regulatory, licensing, inspecting, or auditing functions:
(a)
To file an annual statement, on or before a date established in the regulations, disclosing gifts received from entities contracting with or regulated by the school board or school system; and
(b)
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 school employee or school official, sufficiently in advance of the action to provide adequate disclosure to the public.
(2)
Except as provided in COMAR 19A.05.02.02C(2)(b), the regulations may require school employees and school officials to file financial disclosure statements disclosing the information that members of the school board are required to disclose under §A of this regulation.
D.
The regulations shall provide that financial disclosure statements filed under the regulations are public records and are available for public inspection and copying.
Regulation .06 Lobbying.LinkCopy Citation
A.
Lobbying Registration.
(1)
To be substantially similar to the Public Ethics Law, the regulations shall require, at a minimum, that a person register as a lobbyist with the entity responsible for implementing the regulations on the form provided by the entity if the person provides members of the school board, school officials, or school employees with food, entertainment, or other gifts exceeding an amount specified in the regulations during a period specified in the regulations in connection with efforts to influence official school board or school system actions.
(2)
The regulations shall require that a lobbyist registration:
(a)
Identify the lobbyist, the subject matters on which the lobbyist will lobby, and any other person for whom the lobbyist lobbies; and
(b)
Cover a defined period of time, as specified in the regulations.
B.
The regulations shall require periodic disclosure, including identification of recipients of food, entertainment, and gifts to members of the school board, school officials, and school employees from a lobbyist when the cumulative value of the gifts exceeds an amount specified in the regulations.
C.
The regulations may adopt provisions similar to the lobbying provisions of General Provisions, Title 5, Subtitle 7, Annotated Code of Maryland, including:
(1)
Compensation-based registration criteria;
(2)
A requirement to report compensation received by a lobbyist for lobbying activities;
(3)
Lobbying registration and reporting requirements for lobbying related to regulations and procurement; and
(4)
Registration requirements similar to General Provisions Article, §5-701(1), Annotated Code of Maryland.
D.
To be substantially similar to the Public Ethics Law, the regulations shall provide that lobbying registrations and reports are public records and are available for public inspection and copying.
Chapter annotations
Authority: General Provisions Article, §§5-205 and 5-206 and Title 5, Subtitle 8, Annotated Code of Maryland
History: Effective date: October 24, 1983 (10:21 Md. R. 1903)
History: Regulation .02A amended effective April 13, 1992 (19:7 Md. R. 746)
History: Regulation .04C amended effective April 13, 1992 (19:7 Md. R. 746)
History: Regulations .01—.06 repealed and new Regulations .01—.06 adopted effective April 18, 2011 (38:8 Md. R. 509)
History: Regulation .04H amended effective July 17, 2017 (44:14 Md. R. 656)
History: Regulation .04I repealed effective January 16, 2017 (44:1 Md. R. 12)
History: Regulation .06A amended effective January 16, 2017 (44:1 Md. R. 12)
History: Appendix A, Section 3 amended effective July 17, 2017 (44:14 Md. R. 656)
History: Appendix B, Section 1 amended effective July 17, 2017 (44:14 Md. R. 656)