The prohibitions in this section are applicable to all Public Officials and also apply if the Public Official knows or has reason to know that the Public Official's spouse, parent, child, brother, or sister (including such relationships as may exist by nature of "in-law" or "step") has an Interest that, if held by the Public Official, would be prohibited under Subsection B of this section.
A Business Entity that is a party to an existing contract
with the Public Official, if the contract could reasonably be expected
to result in a conflict between the private Interests of the Public
Official and the Public Official's official duties;
A 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
A Business Entity that the Public Official knows to
be a creditor or obligee 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.
A former
Lobbyist who becomes a Public Official may not participate in a case,
contract, or other specific matter for one calendar year after terminating
their local Lobbying registrations if they previously assisted or
represented another party in the matter. This subsection shall only
apply to board or Commission members or elected officials who receive
more than $12,000 of Compensation per year for serving as a Public
Official.
Provided that a Public Official who is subject to a conflict or prohibition under Subsection B 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:
With respect
to Elected Officials, the procurement prohibitions of § 15-508
of the State Government Article, Title 15, Subtitle 5, of the Annotated
Code of Maryland, shall apply.
Is subject to the Public Official's authority or the
authority of the County agency, board, or commission with which the
Public Official is affiliated; or
If, in accordance with the provisions of this Chapter 33, 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 of interest;
To a Public Official who is appointed or elected 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;
Subject to other provisions of law, to a member of
a board or commission with regard to an Interest or employment held
at the time of the appointment or election, provided the member publicly
discloses at the time of the appointment or election the Interest
or employment to the appointing authority and the Commission;
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 Public Official discloses the employment or Interest
to the Commission and the County Commissioners before receipt of public
funds by the Business Entity; and
A former Public Official may not Represent a Person
in connection with a County Matter if the County Matter is one in
which the former Public Official Significantly Participated as a Public
Official.
A former
Elected Official shall not represent or assist for compensation any
person before the County Commissioners of Caroline County on a matter
of legislative action for a period of one year following leaving office.
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.
The provision of a job or other reference or favorable
comment does not constitute the use of the prestige of office for
a Public Official's private gain or that of another if no Compensation
or other tangible benefit is received and the reference or comment
is not used for advertising, promotional, marketing, or other commercial
purpose.
A Public Official may not directly or indirectly initiate a solicitation
for a Person to retain the compensated services of a particular regulated
Lobbyist or Lobbying firm.
A Public Official, other than an Elected Official, or employee may
not use public resources or the title of the Public Official or employee
to solicit a contribution as that term is defined in the Election
Law Article of the Annotated Code of Maryland.
An Elected Official may not use public resources to solicit a contribution
as that term is defined in the Election Law Article of the Annotated
Code of Maryland.
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.
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.
Reasonable expenses, including food, travel, lodging,
and scheduled entertainment, provided in exchange for a Public Official
to attend a meeting and participate in a panel discussion or deliver
a speech;
Gifts of tickets or free admission from the Person
sponsoring or conducting the event extended to an elected Public Official
to attend a charitable, political, or cultural event, if the purpose
of this Gift is a courtesy or ceremony regularly extended to the office
held by the Public Official;
A specific Gift or class of Gifts that the Commission
exempts 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;
A financially dependent relative who shares
the Public Official's legal residence, or a relative over whose financial
affairs the Public Official has legal or actual control.
That the Public Official has reason to believe that
the Gift is given for the purpose of impairing the impartiality or
the independent judgment of the Public Official.
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:
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:
This section does not apply to communication with
an attorney representing the Board of Zoning Appeals for the purpose
of seeking legal advice if the attorney is not a party to the matter.
A hearing officer, a member of the Board of Zoning
Appeals, or an agent acting on behalf of a hearing officer or a member
of the Board of Zoning Appeals may not engage in ex parte communication
with any Person regarding a matter pending before the hearing officer
or Board of Zoning Appeals at any time before disposition of the matter.