Wicomico County, MD Article VII Exemptions, Modifications and Enforcement

§ 37-27 Exemptions and modifications.

A. The Commission may after consultation with the County Attorney, grant exemptions to or modifications of the provisions of Articles III and V of this chapter for an employee, a member or prospective member of a County board or commission, when the Commission finds that an exemption or modification would not be contrary to the purposes of this chapter, and the application of this chapter would:

(1) Constitute an unreasonable invasion of privacy; or

(2) Reduce the availability of qualified persons for public service.

B. The Commission may grant an exemption or modification authorized under Subsection A of this section only on the written request of the employee, board, commission, member, or prospective member involved.

§ 37-28 Enforcement.

A. The Commission may:

(1) Assess a late fee of $2 per day up to a maximum of $250 for a failure to timely file a financial disclosure statement required under Article V or VI of this chapter;

(2) Assess a late fee of $10 per day up to a maximum of $250 for a failure to file a timely lobbyist registration or lobbyist report required under this chapter; and

(3) Issue a cease and desist order against any person found to be in violation of this chapter.

B. Action upon finding violation.

(1) Upon a finding of a violation of any provision of this chapter, the Commission may:

(a) Issue an order of compliance directing the respondent to cease and desist from the violation;

(b) Issue a reprimand; or

(c) Recommend to the appropriate authority other appropriate discipline of the respondent, including censure or removal if that discipline is authorized by law.

(2) If the Commission finds that a respondent has violated Article VI of this chapter, the Commission may:

(a) Require a respondent who is a registered lobbyist to file any additional reports or information that reasonably relate to the information that is required under this chapter;

(b) Impose a fine not exceeding $5,000 for each violation; and

(c) Suspend the registration of an individual registered lobbyist if the Commission finds that the lobbyist has knowingly and willfully violated Article VI of this chapter or has been convicted of a criminal offense arising from lobbying activities.

C. Petition to court for relief; action of court.

(1) Upon request of the Commission, the County Attorney may file a petition for injunctive or other relief in the Circuit Court of Wicomico County, or in any other court having proper venue for the purpose of requiring compliance with the provisions of this chapter.

(2) Action of court.

(a) The court may:

[1] Issue an order to cease and desist from the violation;

[2] Except as provided in Subsection C(2)(b) of this section, void an official action taken by an official or employee with a conflict of interest prohibited by this chapter when the action arises from or concerns the subject matter of the conflict and if the legal action is brought within 90 days of the occurrence of the official action, if the court deems voiding the action to be in the best interest of the public; or

[3] Impose a civil penalty of up to $5,000 for any violation of the provisions of this chapter, with each day upon which the violation occurs constituting a separate offense;

(b) A court may not void any official action appropriating public funds, levying taxes, or providing for the issuance of bonds, notes, or other evidences of public obligations.

D. In addition to any other enforcement provisions in this chapter, an appointed official, an employee or a person elected or appointed to serve on a County board or commission who is subject to the provisions of this chapter and who is found by the Commission or a court to have violated its provisions is subject to:

(1) Termination of employment or services;

(2) Disciplinary action as may be warranted; and/or

(3) Suspension from receiving payment of salary or other compensation pending full compliance with the terms of an order of the Commission or a court.

E. Violation of Article VI of this chapter shall be a misdemeanor subject to a fine of up to $1,000 or imprisonment of up to one year.

F. A finding of a violation of this chapter by the Commission is public information.