Wicomico County, MD Prohibited Conduct and Interests

A business entity with which the public official or, to the knowledge of the public official, 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 public official or which, to the knowledge of the public official, is a party to an existing contract with a qualified relative, if the contract could reasonably be expected to result in a contract between the private interests of the public official and the public official's official duties.

(e)

An business entity, doing business with the County, in which a direct interest is owned by another business entity in which the public official has a direct interest, if the public official may be reasonably expected to know of both direct interests; or

(f)

A business entity that the public official knows is a creditor or obligee of the public official or a qualified relative of the public official, if by reason of the debt, the business entity is in a position to affect directly and substantially the interest of the public official.

The prohibitions in Subsection A of this section do not apply to a public official:

(1)

Who is exercising an administrative or ministerial duty if that duty does not affect the disposition or decision with respect to the matter; or

(2)

Who is acting as authorized by a Commission regulation or advisory opinion.

Provided that a public official who is subject to a conflict or prohibition under Subsection A of this section publicly discloses the nature and circumstances of the conflict or prohibition, the public official may participate or act in the matter if:

(1)

The public official is a member of a board or commission that would otherwise be left with less than a quorum;

(2)

The public official is required by law to act or is the only public official authorized to act; or

(3)

The Commission makes a determination that other special circumstances exist to warrant permitting the public official to participate.

A former regulated lobbyist who is or becomes subject to this chapter as an employee or official, other than an elected official or an appointed official, may not participate in a case, contract, or other specific matter as an employee or official, other than an elected official or appointed official, for one calendar year after the termination of the registration of the former regulated lobbyist if the former regulated lobbyist previously assisted or represented another party for compensation in the matter.

[Added 5-19-2020 by Bill No. 2020-03]

§ 37-8 Employment and interest restrictions.

Except as provided in Subsection B of this section, a public official may not:

(1)

Be employed by or have an interest in any business entity that:

(a)

Is subject to the public official's authority or authority of the County agency, board, or commission with which the public official is affiliated; or

(b)

Is negotiating or has entered a contract with the County agency, board, or commission with which the public official is affiliated; or

(2)

Hold any other employment relationship that would impair the impartiality or independent judgment of the public official.

The prohibitions under Subsection A do not apply:

(1)

If, in accordance with the provisions of this chapter, the public official discloses the employment or interest to the Commission and the Commission determines that the employment or interest does not create a conflict of interest or the appearance of a conflict.

(2)

To a public official who is appointed to a regulatory or licensing board or commission in accordance with a requirement that a member of that regulated industry or profession is appointed or elected to the board or commission.

(3)

Subject to other provisions of law, a member of a board or commission with regard to an interest or employment held at the time of appointment or election, provided that the member publicly discloses at the time of appointment or election the interest or employment to the appointing authority and the Commission.

(4)

In accordance with regulations adopted by the Commission, to a public official whose duties are ministerial, if the employment or interest does not create a conflict of interest or the appearance of a conflict of interest.

§ 37-9 Representation restrictions.

A former public official may not assist or represent any person, other than the County, for compensation in any matter involving the County if that matter is one in which the former public official significantly participated as a public official.

A former elected official may not assist or represent another person for compensation on a matter that is the subject of legislative action for a period of one year following leaving office.

[Amended 5-19-2020 by Bill No. 2020-03]

§ 37-10 Contingent compensation.

Except in a judicial or quasi-judicial proceeding, a public official may not assist or represent a party for contingent compensation in any matter before or involving the County.

§ 37-11 Use of prestige of office.

A public official may not intentionally use the prestige of his or her office or public position for the private gain of the public official or another.

The performance of usual and customary constituent services does not constitute the use of the prestige of office for a public official's private gain or that of another if no additional compensation is received for performing the constituent services.

§ 37-12 Solicitation and acceptance of gifts.

A public official shall not solicit a gift, for his or her own benefit, or for the benefit of another, from any person, including, but not limited to, a regulated lobbyist.

A public official shall not knowingly accept a gift, directly or indirectly, from a person that the public official 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 public official is affiliated;

(2)

Has an interest that may be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of the public official's duties;

(3)

Is engaged in an activity regulated or controlled by the public official's governmental unit; or

(4)

Is a lobbyist with respect to matters within the jurisdiction of the public official.

Except as provided in Subsection D of this section, Subsection B does not apply to:

(1)

Meals and beverages consumed in the presence of the donor or sponsoring entity;

(2)

Ceremonial gifts or awards that have insignificant monetary value (value less than $20);

(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 the 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 public official to attend a charitable, cultural, or political event, if the purpose of this gift or admission is a courtesy or ceremony regularly extended to the office held by the public official.

(6)

A specific gift or class of gifts that the Commission exempts from the operation of this subsection 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 public official by blood, adoption 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.

Notwithstanding the provisions of Subsection C, a public official may not accept a gift:

(1)

That would tend to impair the impartiality and the independence of judgment of the public official receiving the gift;

(2)

Of significant value that would give the appearance of impairing the impartiality or the independent judgment of the public official; or

(3)

That the public official believes or has reason to believe is given for the purpose of impairing the impartiality or the independent judgment of the public official.

§ 37-13 Disclosure of confidential information.

A public official may not disclose or use confidential information for the public official's own economic benefit or for the economic benefit of another if the information is:

(1)

Acquired by reason of or in connection with the public official's position; and

(2)

Is not available to the public.

Anything herein to the contrary notwithstanding, unless ordered by a court of competent jurisdiction or pursuant to applicable law, a public official or former public official may not disclose information obtained by reason of or in connection with employment with the County, which information is:

(1)

Protected by the attorney-client privilege;

(2)

Confidential as a matter of law;

(3)

Exempt or prohibited from disclosure under the state law; or

(4)

Subject to disclosure only by action or approval of a public body and that public body has not agreed to disclose such information.

§ 37-14 Participation in procurement.

An individual or a person that employs an individual who assists a County agency 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.

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.