2018 Maryland Code
General Provisions
Title 5 - Maryland Public Ethics Law
Subtitle 2 - State Ethics Commission
§ 5-202. Membership
(a) Composition; appointment of members. --
(1) The Ethics Commission consists of five members.
(2) The Governor shall appoint:
(i) with the advice and consent of the Senate, three members, at least one of whom shall be a member of the principal political party of which the Governor is not a member;
(ii) one member nominated by the President of the Senate; and
(iii) one member nominated by the Speaker of the House.
(3) The Governor may reject a nominee of the President or of the Speaker only for cause.
(4) If the Governor rejects a nominee under paragraph (3) of this subsection, the appropriate presiding officer shall nominate another individual.
(5) A vacancy shall be filled in a manner consistent with this subsection.
(b) Qualifications of members. -- A member of the Ethics Commission may not:
(1) hold elected or appointed office in, be an employee of, or be a candidate for office in:
(i) the federal government;
(ii) the State government;
(iii) a municipal corporation, county, or multicounty agency of the State; or
(iv) a political party; or
(2) be a regulated lobbyist.
(c) Oath. -- Before taking office, each appointee to the Ethics Commission shall take the oath required by Article I, ยง 9 of the Maryland Constitution.
(d) Tenure; vacancies. --
(1) The term of a member is 5 years.
(2) The terms of members are staggered as required by the terms in effect for members of the Ethics Commission on October 1, 2013.
(3) A member may serve no more than two consecutive 5-year terms.
(4) A member who is appointed after a term has begun serves for the rest of the term.
(5) At the end of a term, a member may continue to serve until a successor is appointed and qualifies.
(e) Removal. --
(1) The Governor may remove a member for:
(i) neglect of duty;
(ii) misconduct in office;
(iii) a disability that makes the member unable to discharge the powers and duties of office; or
(iv) a violation of this title.
(2) Before removing a member, the Governor shall give the member:
(i) written notice of the charges; and
(ii) an opportunity to answer the charges.
