Maryland Maryland-National Capital Park and Planning Commission Section 2-114

Article - Maryland-National Capital Park and Planning Commission

§ 2-114.

      (a)      The provisions of this section shall apply to the Maryland-National Capital Park and Planning Commission and to all Maryland-National Capital Park and Planning Commissioners appointed or reappointed by the Montgomery County Council under § 2-101 of this subtitle.

      (b)      The Commission shall maintain a minute or record book and therein record its actions in usual corporate form, but with respect to any action authorizing, modifying, or rescinding the adoption of a master plan, approval of plats of subdivision, approval of subdivision or other regulations, recommendations on zoning map amendments, or zoning text amendments the votes of the members shall be separately taken and recorded by yeas, nays, and abstentions, and the reasons for each abstention shall be recorded. The names of the Commission members voting or abstaining shall be included in the minute entry following a brief resume of the matter on which the vote was taken. The minute or record books shall be kept available and open to public inspection and copying during business hours in the Commission's principal offices.

      (c)      (1)      The Montgomery County Council may require an applicant for appointment or reappointment as Commissioner of the Maryland-National Capital Park and Planning Commission to be interviewed by the County Council or its designated agent in private as to any possible or potential conflict of interest, and an applicant shall be so interviewed prior to being appointed or reappointed. In each such interview, the applicant shall be questioned under oath specifically on, but not limited to, all sources of income, property holdings, business interests and financial interests, as well as the similar interests of the applicant's spouse, father, mother, brother, sister or child. The County Council may require the production of any document it wishes the applicant to produce. The interview shall be conducted in a question and answer fashion, and a written transcript shall be made of all questions and answers.

            (2)      When the testimony is fully transcribed the transcript shall be submitted to the applicant for examination and shall be read to or by the applicant, unless the submission, examination and reading are waived by the applicant. Unless the submission, examination and reading of the transcript have been waived by the applicant:

                  (i)      Any changes which the applicant desires to make shall be entered upon the transcript by the officer transcribing it with a statement of the reason given by the applicant for making them; and

                  (ii)      The transcript shall then be signed by the applicant; and the officer transcribing it shall certify on the transcript that the applicant was duly sworn by the officer and that the transcript is a true record of the testimony given by the applicant.

            (3)      An applicant may not be appointed or reappointed unless the applicant has filed a financial disclosure statement as required by § 15-820 of the State Government Article and has been interviewed as required by paragraph (1) of this subsection.

            (4)      There shall be a public disclosure by the County Council of the complete transcribed testimony of the actual appointee or appointees three weeks from the date of his or her appointment; and the complete transcript of all other applicants shall be destroyed by the County Council immediately without disclosure of any information contained therein to anyone.

            (5)      Annually, on or before June of each year, the appointee shall disclose, in writing, to the County Council all information available to update and make current the appointee's business and financial interest and property holdings in the State of Maryland and the greater Washington metropolitan area, as well as information available to the appointee concerning the business and financial interest and property holding of the appointee's spouse, father, mother, brother, sister or child, and there shall be complete public disclosure by the County Council of the information so received. The County Council may require substantiation and additional information wherever the Council shall determine it necessary.



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