The State Ethics Commission
is an independent, five-member board that appoints its own staff. In order to reach the
statutory goals, the State Ethics Law includes various specific programs most
of which are administered by the State Ethics Commission. The programs
administered by the State Ethics Commission are summarized below:
Public Financial
Disclosure: The
State Ethics Commission administers a financial disclosure program that
requires more than 8,000 State elected officials, candidates for State elected
offices, other categories of officials including State agency managers,
regulators and purchasing staff, and some appointed members of boards and
commissions to file annual financial disclosure statements. The financial disclosure forms
require the filer to identify real estate interests, equity interests, and
other relationships such as employment, debts and gifts so that the public can
be assured that the impartiality and independent judgment of those officials
and employees will be maintained. The general reporting deadline is April 30 th of each year. New filers must file
within 30 days of starting a position requiring financial disclosure. Persons
leaving a position requiring disclosure must file a termination statement
within 60 days of leaving that position. The public can view filed financial
disclosure forms at the office of the State Ethics Commission, 45
Calvert Street, 3rd Floor, Annapolis, Maryland 21401. Financial disclosure statements
are available to the public for examination and copying. The individual who
desires to view a financial disclosure statement must identify him or herself
and provide his or her address.
On the request of the individual whose statement was examined or copied,
the Commission will forward a copy of that record to that individual.
Conflict of
Interest-Standards of Conduct: The State Ethics Commission administers the conflict of
interest standards of conduct governing State employees and officials other
than judges, judicial officers, and legislators. The standards of conduct
include participation, employment, ownership interests, post-employment,
contingent fees, gifts, certain procurement activity, misuse of position, and
confidential information. More than 80,000 people are subject to this program.
Lobbyist
Disclosure and Regulation: The State Ethics Commission
administers a lobbying regulatory program including registration, disclosure,
reporting and standards of conduct for executive, legislative and grassroots
lobbying. The lobbyist standards are comprehensive and address a multitude of
issues including contingent fees, campaign finance activity, improper
encouragement of legislation, improper gifts, prohibitions against loans,
concealment of clients, referrals by officials or employees to get lobbying
clients, intentional misstatement of fact, and other fraudulent or illegal
activities. More than 2,000
lobbying registrations are filed each year and identify the name of the
lobbyist, the employer and the topics to be lobbied. Lobbying activity reports
are usually filed twice a year by May 31 st for the period of November 1 through April 30 th , and by November 30 th for the period of May 1 st through October 31 st . Activity reports include the lobbyist’s compensation and
expenditures, gifts, and certain business relationships with officials. There
are various other reports that lobbyists must file including lobbyist campaign
contributions and meals or receptions for legislative units. These filings are
public documents and may be viewed during normal business hours at the
Commission’s office, 45 Calvert Street, 3rd Floor, Annapolis,
Maryland 21401.
Local
Government Ethics Requirements: The Public Ethics Law requires counties and cities to have
ethics laws approved by the State Ethics Commission. Additionally, school boards not covered by county laws
must have ethics regulations.
The Ethics Commission maintains a list of those localities having ethics
laws is maintained at its
office.
Prince George's County
Zoning Ethics Law: The Public
Ethics Law requires land use applicants and agents to disclose political
campaign activity, limits applicant and agent campaign contribution activity
under some circumstances, in situations in which an applicant or agent has made
a political contribution to a Council member, limits the Council member’s
participation in the application decision making process, and requires certain
persons and officials involved in the application process to disclose ex-parte
communication. Documents
filed in accordance with the requirements of this program are available at the
Prince George’s County Council Clerk’s Office for the public to view.
Board and Commission
Conflict Exemption:
This
provision of the Public Ethics Law allows the appointment of a part-time State
board and commission member having certain conflicts of interest relating to
employment or ownership interests if the conflict existed at the time of the
appointment and the proposed appointee publicly discloses the conflict to the
appointing authority and the Senate, if Senate confirmation is required for the
appointment. Although the existence
of a conflict may be exempted, other provisions of the Public Ethics Law
continue to apply such as recusal from participation in State matters relating
to the conflict.
Lobbying provisions of the Ethics Law enacted in 2001 generally prohibit
lobbyists from appointment to boards or commissions that are subject to the
Ethics Law regardless of time-of-appointment disclosures.
Special Procurement
Ethics Provisions: Under certain circumstances, the Public Ethics Law prohibits
persons or entities, or their employers, who assist the State in drafting
specifications, invitations of bids and requests for proposals from bidding on
the proposal.
Special Ethics Law
Exemption Activities: In certain limited situations, the Public Ethics Law
provides that a person may be exempted from various provisions of the Law. The exemptions include, but are
not limited to, financial disclosure filing requirements for board and
commission members (usually advisory boards of short duration), Governor's
extraordinary requests for exemption to attract or retain staff, and special
rules and procedures for university personnel involved in sponsored research or
related activity.
Ethics Law Advice:
The State Ethics
Commission provides formal and informal ethics advice to persons and
organizations subject to the provisions of the Public Ethics Law. Formal advice
opinions are published with the Commission’s regulations in Title 19A of the
Code of Maryland Regulations and in the Maryland Register. The
Commission also provides mandatory ethics training to officials, employees and
lobbyists.
Ethics
Law Enforcement: The State Ethics Commission may file or receive complaints and
investigates alleged violations of the Public Ethics Law. The Commission may enter into a
settlement agreement or hold hearings on complaints, make findings of
violations, assess late fees, recommend personnel action or petition the court
to seek fines or take other action. The State Ethics Commission’s enforcement
activities are confidential until it issues an Order subsequent to its finding
of a violation, at which time the Order is available for public review at the
Commission’s office.
In addition to the assessment of late fees, recommendation of personnel
action and petition to the court for fines or other action, the Commission may
impose civil fines and suspend or revoke a lobbyist’s registration.