There is a Queen Anne's County Ethics Commission.
A.
Membership.
The Commission shall consist of five members and one alternate member
appointed by the County Commissioners, each of whom:
(1)
Is a resident of Queen Anne's County;
(2)
Does not hold nor is a candidate for office of the United States
government, state government, a political subdivision, or municipality;
(3)
Is not an employee of Queen Anne's County government;
(4)
Is not an employee of any political party; and
(5)
Is not a registered lobbyist.
B.
Terms.
The County Commissioners shall appoint one member to serve a one-year
term, one member to serve a two-year term, one member to serve a three-year
term. Thereafter, all members shall serve a term of five years. The
alternate shall be appointed for a five-year term and shall sit when
any member is unavailable for any reason. A member may not be removed
from office except for good cause shown and upon notice and an opportunity
to be heard.
C.
Vacancies.
If a vacancy occurs on the Commission, the Board of County Commissioners
shall appoint a qualified individual to serve the remainder of that
term.
D.
Meetings.
(1)
Actions to be public. All final actions of the Commission shall be
taken at a public meeting. The Commission shall keep a formal record
of each public meeting.
(2)
Executive session. This section does not prohibit the Commission
from meeting and deliberating in executive session, provided that
all action is taken at a public meeting.
The Commission shall be advised by an attorney appointed by
the Commission, with the approval of the County Commissioners. Upon
request of the Commission, the County Commissioners may appoint special
legal counsel for the Commission in appropriate circumstances.
A.
The
Commission shall select its Chairman in January of each year by majority
vote. A member shall serve until a successor has been appointed. The
Commission, upon request, shall be assisted in carrying out its responsibilities
by the attorney designated by the County Commissioners.
B.
This
Commission shall be the advisory body responsible for interpreting
this chapter and advising persons subject to it as to its application.
C.
The
Commission shall be responsible for hearing and deciding any written
complaint filed regarding an alleged violation of this chapter.
D.
The
Commission shall be the custodian of all statements, registration,
reports and complaints submitted in accordance with this chapter.
E.
The
Commission shall be responsible for conducting information and education
programs regarding the purpose and implementation of this chapter.
F.
Advisory
opinions. Any person may make a request to the Commission for an advisory
opinion concerning application of this chapter. The Commission shall
respond within a reasonable time to the requests of persons governed
by this chapter, provided that the facts are furnished or reasonably
available to it. The Commission shall also respond to such requests
from persons not specifically governed by this chapter. Copies of
the responses shall be made available to the public, subject to any
applicable state or County law regarding public records. Information
which may identify the person who is the subject of the opinion shall
be deleted to the fullest extent possible from advisory opinions.
G.
Complaints.
(1)
Any person, including, by majority vote, the Ethics Commission, may
file, under oath, a written signed complaint with the Commission alleging
a violation of any of the provisions of the chapter.
(2)
The complaint must be filed within two years of the alleged violation.
Complaints after two years may be considered if the delay in the discovery
of the alleged violation is caused by deception or the attempt to
hide the violation.
(3)
The Commission shall promptly acknowledge the receipt of the complaint
to the complainant and, within 30 days of receipt of the complaint,
shall dismiss the complaint if plainly frivolous or legally insufficient;
otherwise it shall provide a copy of the complaint to the respondent.
The respondent shall be notified of the right to submit a written
response to the complaint, along with any accompanying documentation
and/or statements (sworn or unsworn) supporting the respondent's contention
that no violation occurred. The respondent shall be advised in the
initial contention that no violation occurred. The respondent shall
be advised in the initial notice of a complaint that he/she has the
right to counsel.
[Amended 10-27-2020 by Ord. No. 20-12]
(4)
After reviewing the complaint, as well as any response submitted
by or on behalf of the respondent, the Commission may:
(a)
Dismiss the complaint if deemed plainly frivolous or if the facts alleged do not indicate a violation of the chapter. Any person who files more than two plainly frivolous complaints is in violation of this chapter and, on a complaint filed and processed in accordance with this section, is subject to the enforcement and penalty provisions of Article IV of this chapter.
(b)
Conduct an investigation into the allegations of the complaint or
refer the complaint to the County Attorney, State's Attorney, or other
legal counsel for investigation and report. Counsel shall refer the
evidence collected to the Commission for its disposition.
(c)
Based upon the Commission's investigation or the investigation and
report of other counsel, the Commission may, if appropriate, proceed
as follows:
[1]
Dismiss the complaint.
[2]
Notify the complainant and the respondent that if action is
taken by the respondent to cure the violation or violations within
a time period specified by Commission regulations, the complaint may
be dismissed if such dismissal is not contrary to the purposes of
this chapter, or
[3]
If not dismissed pursuant to Subsection G(4)(c)[1] or [2] above, the Commission shall hold a closed hearing on the complaint.
H.
Hearing.
(1)
The respondent may be represented by counsel, and the proceedings
shall be conducted in accordance with regulations governing hearings
as adopted by the Commission.
(2)
The burden of proof at such a hearing is on the Commission to demonstrate,
by a preponderance of the evidence, that the respondent or respondents
have engaged in a violation of the Queen Anne's County Ethics Code.
(3)
Any final determination resulting from the hearing shall include written findings of fact, conclusions of law and recommendations. Any such reports or decisions shall be maintained by the Commission as public records and will be redacted to protect personally identifiable information as the Commission deems appropriate. If a violation is found, the Commission may take and/or recommend any enforcement action provided for by § 8-16 et seq. of this chapter.
(4)
If aggrieved by a final order of the Commission, the respondent may
request judicial review in accordance with the provisions of Rules
7-201 through 7-210 of the Maryland Rules of Procedure, and any final
order of the Commission shall be stayed automatically until the time
for requesting judicial review has expired. If a timely appeal for
judicial review is filed, the final order may be stayed by either
the Ethics Commission or the reviewing court until final disposition
by the reviewing court.
(5)
If, in the course of considering any complaint filed with it or made
upon its own motion, the Commission has reasonable grounds to believe
that the respondent named in the complaint may have committed a criminal
offense, the matter shall be promptly referred to the appropriate
prosecuting authority. All pertinent evidence under the control of
the Commission shall be made available to the prosecuting authority.
(6)
If the Commission determines that a respondent was innocent of any
violation of this chapter, the Commission shall recommend to the County
Commissioners that the respondent be reimbursed for the reasonable
attorney's fees and expenses incurred in the matter.
I.
Oaths
and subpoenas.
(2)
The Commission may issue subpoenas on behalf of a respondent if,
in preparation for a hearing, the respondent files a written request
at least 10 working days before the date set for the hearing.
(3)
Each subpoena issued under this subsection shall identify the person
who requested its issuance.
(4)
A subpoena for the production of documents or other evidence may
only require the production of items relevant to the alleged violation
in question.
(5)
A subpoena issued under this subsection may be judicially enforced.
(6)
A person who objects to a subpoena issued under this subsection may
file a motion to quash, or for other appropriate relief, with the
Commission or a court of competent jurisdiction. In addition, such
person may request that the County Attorney for Queen Anne's County
review the subpoena to determine its relevance to the matter under
consideration. The County Attorney may approve, modify, limit or quash
the subpoena as appropriate.
J.
The Commission may grant exemptions and modifications to the provisions of this chapter as provided in § 8-15.
K.
The
Commission may develop and publish rules, regulations, and reporting
forms in order to carry out the provisions of this chapter; provided,
however, that, prior to the issuance of such rules, regulations, or
forms, the Commission notifies the Board of County Commissioners and
the public through appropriate means and affords the public no less
than 14 days within which to comment on such proposed rules, regulations,
and forms.
L.
Confidentiality.
(1)
Any action taken by the Commission in connection with a complaint
must be conducted in a confidential manner.
(2)
Neither the Commission nor its staff may disclose any information
about the complaint and any proceedings involving the complainant,
including the identities of the complainant and the respondent.
M.
Compliance with state law; changes and amendments.