A.
Except as permitted by Commission regulation or opinion, an official or employee, as defined in § 39-3 of this chapter, may not participate in:
(1)
Except in the exercise of an administrative or ministerial duty that
does not affect the disposition or decision of the matter, any matter
in which, to the knowledge of the official or employee, the official
or employee, or a qualified relative of the official or employee,
has an interest.
(2)
Except in the exercise of an administrative or ministerial duty that
does not affect the disposition or decision with respect to the matter,
any matter in which any of the following is a party:
(a)
A business entity in which the official or employee has a direct
financial interest of which the official or employee may reasonably
be expected to know;
(b)
A business entity for which the official or employee, or a qualified
relative of the official or employee, is an officer, director, trustee,
partner, or employee;
(c)
A business entity with which the official or employee or, to
the knowledge of the official or employee, a qualified relative is
negotiating or has any arrangement concerning prospective employment;
(d)
A business entity that is a party to an existing contract with
the official or employee, or which, to the knowledge of the official
or employee, is a party to a contract with a qualified relative, if
the contract reasonably could be expected to result in a conflict
between the private interests of the official or employee and the
official duties of the official or employee;
(e)
An entity, doing business with the County, in which a direct
financial interest is owned by another entity in which the official
or employee has a direct financial interest, if the official or employee
may be reasonably expected to know of both direct financial interests;
or
(f)
A business entity that:
[1]
The official or employee knows is a creditor or obligee of the
official or employee, or a qualified relative of the official or employee,
with respect to a thing of economic value; and
[2]
As a creditor or obligee, is in a position to directly and substantially
affect the interest of the official or employee or a qualified relative
of the official or employee.
A.
Except as permitted by regulation of the Commission when the interest
is disclosed or when the employment does not create a conflict of
interest or appearance of conflict, an official or employee may not:
B.
The prohibitions of Subsection A of this section do not apply to:
(1)
An official or employee who is appointed to a regulatory or licensing
authority pursuant to a statutory requirement that persons subject
to the jurisdiction of the authority be represented in appointments
to the authority;
(2)
Subject to other provisions of law, a member of a board or commission
in regard to a financial interest or employment held at the time of
appointment, provided the financial interest or employment is publicly
disclosed to the appointing authority and the Commission;
(3)
An official or employee whose duties are ministerial, if the private
employment or financial interest does not create a conflict of interest
or the appearance of a conflict of interest, as permitted and in accordance
with regulations adopted by the Commission; or
(4)
Employment or financial interests allowed by regulation of the Commission
if the employment does not create a conflict of interest or the appearance
of a conflict of interest or the financial interest is disclosed.
(5)
Nonelected board members, committee members and employees, who receive
County funds, not under the direct supervision of the County Executive
or County Council.
[Added 3-2-2021 by Bill No. 2021-02]
A.
A former official or employee may not assist or represent any party
other than the County for compensation in a case, contract, or other
specific matter involving the County if that matter is one in which
the former official or employee significantly participated as an official
or employee.
B.
Until the conclusion of the next regular session that begins after
the elected official leaves office, a former member of the Cecil County
Council or the County Executive may not assist or represent another
party for compensation in a matter that is the subject of legislative
action.
[Amended 11-13-2012 by Ord. No. 2012-12]
C.
Former county officials and employees, as well as the Governor, Lieutenant
Governor, Attorney General, Comptroller, Treasurer or a member of
the General Assembly, are precluded from lobbying the County (legislative
matters) for one calendar year after leaving office.
[Added 10-2-2018 by Bill
No. 2018-15]
Except in a judicial or quasi-judicial proceeding, an official
or employee may not assist or represent a party for contingent compensation
in any matter before or involving the County.
A.
An official or employee may not intentionally use the prestige of
office or public position for the private gain of that official or
employee or the private gain of another, including, but not limited
to, influencing the award of a local contract to a specific person
or entity, initiating a solicitation for a person or entity to retain
the compensated services of a particular lobbyist or firm, or using
public resources or title to solicit a political contribution regulated
in accordance with the Election Law Article, Annotated Code of Maryland
and/or the provisions of this code.
[Amended 10-2-2018 by Bill No. 2018-15]
B.
This section does not prohibit the performance of usual and customary
constituent services by an elected official without additional compensation.
A.
An official or employee may not solicit any gift.
B.
An official or employee may not directly solicit or facilitate the
solicitation of a gift, on behalf of another person, from an individual
regulated lobbyist.
C.
An official or employee may not knowingly accept a gift, directly
or indirectly, from a person that the official or employee knows or
has the reason to know:
(1)
Is doing business with or seeking to do business with the County
office, agency, board or commission with which the official or employee
is affiliated;
(2)
Has financial interests that may be substantially and materially
affected, in a manner distinguishable from the public generally, by
the performance or nonperformance of the official duties of the official
or employee;
(3)
Is engaged in an activity regulated or controlled by the official
or employee's governmental unit; or
(4)
Is a lobbyist with respect to matters within the jurisdiction of
the official or employee.
D.
Notwithstanding Subsection C of this section, an official or employee may accept the following:
(1)
Meals and beverages consumed in the presence of the donor or sponsoring
entity;
(2)
Ceremonial gifts or awards that have insignificant monetary value;
(3)
Unsolicited gifts of nominal value that do not exceed $20 in cost,
or trivial items of informational value;
(4)
Reasonable expenses for food, travel, lodging, and scheduled entertainment
of the official or employee at a meeting which is given in return
for the participation of the official or employee in a panel or speaking
engagement at the meeting;
(5)
Gifts of tickets or free admission extended to an elected official
to attend a charitable, cultural, or political event, if the purpose
of this gift or admission is a courtesy or ceremony extended to the
elected official's office;
(6)
A specific gift or class of gifts that the Commission exempts from
the operation of this section upon a finding, in writing, that acceptance
of the gift or class of gifts would not be detrimental to the impartial
conduct of the business of the County and that the gift is purely
personal and private in nature;
(7)
Gifts from a person related to the official or employee by blood
or marriage, or any other individual who is a member of the household
of the official or employee; or
(8)
Honoraria for speaking to or participating in a meeting, provided
that the offering of the honorarium is not related in any way to the
official's or employee's official position.
E.
Exceptions. An official or employee may not accept a gift specified in Subsection D of this section if the gift:
(1)
Would tend to impair the impartiality and the independence of judgment
of the official or employee receiving the gift;
(2)
Is of significant value that would give the appearance of impairing
the impartiality and independence of judgment of the official or employee;
or
(3)
Is of significant value that the recipient official or employee believes
or has reason to believe is designed to impair the impartiality and
independence of judgment of the official or employee.
Other than in the discharge of official duties, an official
or employee may not disclose or use confidential information, that
the official or employee acquired by reason of the official's or employee's
public position and that is not available to the public, for the economic
benefit of the official or employee or that of another person.
A.
An individual or a person who employs an individual who assists a
County agency or unit in the drafting of specifications, an invitation
for bids, or a request for proposals for a procurement may not submit
a bid or proposal for that procurement, or assist or represent another
person, directly or indirectly, who is submitting a bid or proposal
for the procurement.
B.
The Commission may establish exemptions from the requirements of
this section for providing descriptive literature, sole-source procurements,
and written comments solicited by the procuring agency.
