Queen Annes County, MD Article II Ethics Commission

§ 8-7 Established.

There is a Queen Anne's County Ethics Commission.

§ 8-8 Membership and terms.

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.

§ 8-9 Counsel.

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.

§ 8-10 Administration; powers and duties.

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.

(1) In carrying out its duties under this chapter, the Commission may:

(a) Administer oaths and affirmations; and

(b) Issue subpoenas for the attendance of witnesses or for the production of documents or other evidence.

(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.

(3) However, the Commission may disclose information;

(a) If the respondent agrees in writing to the disclosure;

(b) As necessary to conduct a preliminary inquiry, and investigation, or a hearing; or

(c) When making a referral to a prosecuting authority.

M. Compliance with state law; changes and amendments.

(1) The Commission shall certify to the State Ethics Commission on or before October 1 of each year that the County is in compliance with the requirements of State Government Article, Title 15, Subtitle 8, Annotated Code of Maryland, for elected officials.

(2) The Commission shall:

(a) Determine if changes to this chapter are required to be in compliance with the requirements of State Government Article, Title 15, Subtitle 8, Annotated Code of Maryland; and

(b) Shall forward any recommended changes and amendments to the County Commissioners for enactment.