Calvert County, MD Article V Enforcement; Penalties

§ 41-21 Cease-and-desist order.

If the Ethics Commission determines any violation of any provision of this chapter, the Ethics Commission may take one or more of the following actions:

A. Issue a cease-and-desist order; or

B. Seek enforcement of the order in the Circuit Court of Calvert County or any circuit court in the State of Maryland. The court may compel compliance with this section by issuing an order to cease and desist from a violation, grant other injunctive relief, and impose a fine or civil penalty of up to $2,500.

§ 41-22 Disciplinary action.

A. Notwithstanding § 41-21, the Ethics Commission may, in addition to or in place of those powers set forth in § 41-21:

(1) Issue letters of reprimand or censure; or

(2) Order the return of anything of value.

B. In addition and on recommendation of the Ethics Commission to the appointing authority, an elected official, appointed official or employee found to have violated this chapter may be subject to disciplinary or other appropriate personnel action, including censure, termination, or suspension from receiving payment of salary or other compensation, in accordance with Chapter 86 of the Code of Public Local Laws of Calvert County, Maryland, and § 3-505 of the Labor and Employment Article of the Maryland Annotated Code, pending full compliance with the terms of an order of the Ethics Commission or a court of competent jurisdiction.

C. The appointing authority shall report to the Ethics Commission any action taken based upon the recommendation of the Ethics Commission. The Ethics Commission shall hold such information in confidence and shall not disclose the same except as required by law or Court order.

[Added 9-26-2017 by Ord. No. 42-17]

§ 41-23 Lobbyist sanctions.

A. Sanctions. If the Commission determines that a lobbyist has violated § 41-16 of this chapter, the Commission may:

(1) Require the lobbyist to file any additional reports or information that reasonably relates to information required under this chapter;

(2) Impose a fine not exceeding $5,000 for each violation; or

(3) Subject to Subsection B of this section, suspend the registration of a regulated lobbyist.

B. Suspension or revocation of registration.

(1) If the Commission determines it necessary to protect the public interest and integrity of the governmental process, the Commission may issue an order to:

(a) Suspend the registration of a lobbyist if the Commission determines that the lobbyist:

[1] Has knowingly and willfully violated § 41-16 of this chapter; or

[2] Has been convicted of a criminal offense arising from lobbying activities; or

(b) Revoke the registration of a lobbyist if the Commission determines that, based on acts arising from lobbying activities, the lobbyist has been convicted of bribery, theft or other crime involving moral turpitude.

(2) If the Commission suspends the registration of a lobbyist under Subsection B(1) of this section, the lobbyist may not engage in lobbying for compensation for a period, not to exceed three years, that the Commission determines as to that lobbyist is necessary to satisfy the purposes of this chapter.

(3) If the Commission revokes the registration of a lobbyist under Subsection B(1) of this section, the lobbyist may not engage in lobbying for compensation.

(4) If the Commission initiates a complaint based on a violation or conviction described in Subsection B(1) of this section, the Commission shall initiate the complaint within two years of the latter of:

(a) The Commission's knowledge of the violation; or

(b) The date the conviction becomes final.

(5) The termination or expiration of the registration of a lobbyist does not limit the authority of the Commission to issue an order under this subsection.

C. Reinstatement.

(1) Subject to Subsection C(2) of this section, an individual whose registration as a lobbyist is suspended or revoked may apply to the Commission for reinstatement.

(2) The Commission may reinstate the registration if the Commission determines that reinstatement of the individual would not be detrimental to the public interest and the integrity of the governmental process, based on:

(a) The nature and circumstances of the original misconduct or violation leading to suspension or revocation;

(b) The individual's subsequent conduct and reformation; and

(c) The present ability of the individual to comply with the provisions of the Ethics Code.

D. Penalties for late filing. If the respondent is a lobbyist, for each report required under this chapter that is filed late, the respondent shall pay a fee of $10 for each late day, not to exceed a total of $250.

§ 41-24 Changes in State Ethics Law or regulations.

Upon notification from the State Ethics Commission of changes in the Maryland Public Ethics Law or regulations, the Commission shall determine, within 90 calendar days of receipt of notification, whether a revision to the Calvert County Ethics Code is to be recommended to the Board of County Commissioners for Calvert County.

§ 41-25 Severability.

If any section, sentence, clause or phrase of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, then said ruling shall not affect the validity of the remaining portions of this chapter.