STANDARDS OF CONDUCT

WHICH OFFICIALS AND EMPLOYEES ARE SUBJECT TO THE STANDARDS OF CONDUCT JURISDICTION OF THE STATE ETHICS COMMISSION?

The Maryland Code Annotated, State Government Article, Title 15 Subtitle 5 (Supp. 2001) and Code of Maryland Regulations (“COMAR”) 19A.02.01 and .02 address the conflict of interest provisions of the State Ethics Law. The following employees and officials are directly subject to Ethics Commission conflict of interest Jurisdiction:

1. Employees of the State of Maryland or its agencies.

2. Employees of the Judicial Branch of government with the exception of Judges and certain judicial officers.

3. Members of most State boards and commissions.

4. State officials including the offices of Governor, Lt. Governor, Attorney General, Comptroller, Treasurer, States Attorney, Clerk of Circuit Court, Register of Wills, and Sheriff.

Members of boards and commissions may be eligible for certain conflict of interest exemptions. Members of the General Assembly are subject to Ethics Commission jurisdiction for financial disclosure purposes only. Legislative conflict of interest rules fall within the jurisdiction of the Joint Committee on Legislative Ethics.

WHAT ACTIVITIES ARE SUBJECT TO THE CONFLICT OF INTEREST PROVISIONS ADMINISTERED BY THE STATE ETHICS COMMISSION?

The Ethics Law (Md. Code Ann., State Gov’t §§15-501 through 15-508 (Supp. 2001) and COMAR 19A.02.01 and .02) contain the following general types of prohibitions:

1. An employee or official may not participate as an employee or official in a matter in which he or she, certain relatives, or certain entities with which he or she is involved or has an interest.

2. An employee or official may not participate in a matter which involves as a party a business entity in which he or she or certain relatives have employment, contractual, or creditor relationships or seek employment.

3. An employee or official, in most instances, may not have financial interests in, or be employed by, an entity subject to his or her authority or of the agency with which he or she is affiliated. Employment under the Ethics Law includes being a member of a private board having these relationships even if there is no compensation.

4. An employee or official, in most instances, may not have financial interests in, or be employed by, an entity having or negotiating a contract with the agency with which he or she is affiliated. In some situations, spousal interest may be attributed to the employee or official.

5. An employee or official may not hold any employment relationships that would impair his or her impartiality and independence of judgment.

6. An employee or official may not intentionally use the prestige of his or her office for personal gain or that of another.

7. An employee or official whose duties include matters substantially relating to the subject matter of any contract with the State, may not be or become, while a State employee, an employee of the party contracting with the State.

8. An employee or official may not assist or represent any party for contingent compensation in any matter involving any State agency or political subdivision other than in a judicial or quasi-judicial proceeding. Employees in the judicial branch are also prohibited from representing any party before a court or agency of the Judicial Branch.

9. A former employee or official may not assist or represent any one other than the State for compensation in a case, contract, or other specific matter involving the State if that matter is one in which he or she significantly participated as an official or employee.

10. An employee or official may not solicit any gifts. Subject to certain exceptions, officials and employees may not knowingly accept any gift directly or indirectly from any person whom they know or have reason to know:

a) is doing or seeking to do business of any kind with his or her agency,
b) is engaged in activities that are regulated or controlled by his or her agency,
c) has financial interests which may be substantially affected in a specific way by the employee, or
d) is a lobbyist with respect to the matters within the employee's functional jurisdiction.

The exceptions to this prohibition are specifically outlined in Md. Code Ann., State Gov’t § 15-505 (Supp. 2001).

11. An employees or official may not disclose or use for personal economic benefit, or that of another, confidential information acquired by reason of his or her public position.

12. Persons, entities, employees or officials that assist the State in procurement specifications, in most instances, may not be involved in bidding or assisting a bidder in that procurement or be employed by the bidder at the time of the bid.