2013 Maryland Code
LAND USE
§ 15-120 - Prohibited acts -- Conflicts of interest.

§15-120.

(a) This section does not prohibit a commissioner from:

(1) appearing in the pursuit of the commissioner’s private interests as a citizen;

(2) accepting or receiving any benefit by operation of law; or

(3) prosecuting or pursuing any claim, right, privilege, or remedy that accrues to the commissioner by operation of law.

(b) (1) (i) This subsection does not prohibit a commissioner from having or holding a private investment, business, or professional interest, unless the interest is or reasonably may be in conflict with the proper performance of the commissioner’s duty.

(ii) A private investment, business, or professional interest is presumed to be in conflict with the proper performance of the commissioner’s duty if the commissioner or the commissioner’s spouse, parent, child, brother, or sister:

1. jointly or severally owns more than 3% of the invested capital or capital stock of any entity involved in the decision being made by the commissioner, Commission, or county planning board on which the commissioner serves; or

2. receives a total combined compensation of more than $5,000 a year from any person involved in the decision being made by the commissioner, Commission, or county planning board on which the commissioner serves.

(2) This subsection does not apply to or include:

(i) an interest or investment in land geographically remote from the land involved in the decision;

(ii) the ownership of a recorded single-family lot on which the commissioner actually resides; or

(iii) a possibility of reverter, a mortgage, or other security interest in real property not otherwise described in this subsection.

(3) A commissioner may not:

(i) decide, or participate in, a decision in which the commissioner has a financial interest, whether as an owner, member, partner, officer, employee, stockholder, or other participant of or in any private business or professional enterprise, that will be affected by the decision; or

(ii) knowingly participate in a decision affecting the financial interest, jointly or severally, of a person related to the commissioner or the commissioner’s spouse, parent, child, brother, or sister.

(c) A commissioner may not:

(1) act as a broker, agent, attorney, representative, or employee of any person in the person’s business dealings with:

(i) Montgomery County;

(ii) Prince George’s County;

(iii) the Washington Suburban Sanitary Commission; or

(iv) the Commission;

(2) decide, or participate in, a decision on any matter in which a close business or professional associate has acted as a broker, agent, attorney, representative, or employee of any person or represented private interests before:

(i) Montgomery County;

(ii) Prince George’s County;

(iii) the Washington Suburban Sanitary Commission; or

(iv) the Commission; or

(3) represent a private interest or appear in a position of advocacy, other than in the performance of the commissioner’s official duties, either in person or through an associate, in any matter or proceeding pending before:

(i) the Montgomery County Council;

(ii) the Prince George’s County Council;

(iii) the Washington Suburban Sanitary Commission;

(iv) the Commission;

(v) the Montgomery County Board of Appeals; or

(vi) the Prince George’s County Board of Appeals.

(d) A commissioner may not solicit or accept any gift, favor, loan, service, promise, employment, or thing that might influence or tend to influence the proper performance of the commissioner’s duty.

(e) A commissioner may not:

(1) disclose confidential information concerning the property, management, or affairs of:

(i) Montgomery County;

(ii) Prince George’s County;

(iii) the Washington Suburban Sanitary Commission; or

(iv) the Commission; or

(2) use any information described in item (1) of this subsection to advance the financial or other private interests of the commissioner or other persons.

(f) A commissioner may not attempt to influence for a purpose contrary to this section any other county or State official in the conduct of the other official’s duties.

(g) (1) If a commissioner has any interest described in this section that is or reasonably may be incompatible with or in conflict with any of the commissioner’s official duties or acts, the commissioner:

(i) shall disclose the interest in a regular public meeting of the Commission or the county planning boards; and

(ii) is disqualified and may not participate in the decision or act affected by the interest.

(2) A disclosure made under paragraph (1) of this subsection shall appear in the minutes of the meeting.

(h) A commissioner who violates any provision of subsections (b) through (f) of this section is guilty of a misdemeanor and on conviction is subject to:

(1) imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both;

(2) suspension from the Commission or employment not exceeding 6 months;

(3) forfeiture and removal from office; or

(4) any combination of the penalties described in items (1) through (3) of this subsection.