2013 Maryland Code
STATE GOVERNMENT
§ 15-835 - Petition for injunctive or other relief; penalties; preservation of papers and documents
§15-835.
(a) (1) The Ethics Commission or any other aggrieved person may file a petition for injunctive or other relief in the Circuit Court of Prince George’s County for the purpose of requiring compliance with this Part IV, and may assert as error any violation of this Part IV in judicial review requested under § 22-407 of the Land Use Article.
(2) The Court shall issue an order voiding an official action taken by the County Council when the action taken by the Council was in violation of this Part IV and if the legal action was brought within 30 days of the occurrence of the official action.
(3) The Court, after hearing and considering all the circumstances in the case, and voiding an action of the Council, shall reverse or reverse and remand the case to the District Council for reconsideration.
(b) (1) Any person who knowingly and willfully violates the provisions of this Part IV is guilty of a misdemeanor and upon conviction is subject to a fine of not more than $1,000 or imprisonment for not more than 1 year or both.
(2) If the person is a business entity and not a natural person, each officer and partner of the business entity who knowingly authorized or participated in the violation is guilty of a misdemeanor and upon conviction is subject to the same penalties as the business entity.
(3) A member is guilty of violating this Part IV only if the member fails to abstain from voting or participating in a proceeding, based on information contained in an affidavit filed with the County Council by an applicant or agent, in violation of § 15-831(b) of this Part IV.
(4) An action taken in reliance on an opinion of the Ethics Commission may not be deemed a knowing and willful violation.
(c) (1) Any person who is subject to the provisions of this Part IV shall preserve all accounts, bills, receipts, books, papers, and documents necessary to complete and substantiate any reports, statements, or records required to be made pursuant to this Part IV for 3 years from the date of filing the application.
(2) These papers and documents shall be available for inspection upon request by the Ethics Commission after reasonable notice.
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