§ 8-5. Applicability.
The provisions of this
chapter apply as follows: shall be applicable
C. Boards and commissions.
(1) Members of the following
boards and commissions are subject to the provisions of this
chapter: shall be
Agricultural Preservation Board
Animal Control Commission
Board of Appeals
Bay Bridge Airport Commission
Board of Building Appeals
Board of Directors, Department of Parks and Recreation
Board of Electrical Examiners
Ethics Commission
Plumbing Board
Queen Anne's County Housing Authority
Kent Narrows Development Foundation Board of Directors
Board of Liquor License Commissions
Queen Anne's County Planning Commission
(2) Members of any other board or commission Any that
has decision-making
authority
are subject to the provisions of this chapter.
which may be determined by the Ethics Commission to have
decisionmaking
Comment: Members and employees of decision-making boards and commissions must, under state law, be subject to both conflicts of interest provisions and financial disclosure requirements. This would include, at least, the following not currently listed in this section: Plumbing Board, Board of Electrical Examiners, and Board of Directors of Parks and Recreation. Note: As for the Plumbing and Electrical Boards, the QAC Ethics Commission can use its exemption/modification authority to permit, as appropriate, service on the board by licensed plumbers or electricians even if they own or are employed by a business regulated by the board. But there should not be any exemption from financial disclosure requirements.
E. Queen Anne's County
officials and employees.
In addition to the
officials and employees, and members of boards and commissions identified
in Subsections A, B and C of this section, all other officials and employees
of Queen Anne's County, Maryland, and all members of other County boards and commissions who have decisionmaking
authority shall be subject to the provisions
of § 8-11,
Conflicts of interest, and § 8-12, Gifts, of this chapter.
which have advisory authority
Comment: Members and employees of non-decision-making, advisory boards and commissions need not be required to file financial disclosure statements. But they (like all county officials and employees) must be subject to the code’s basic conflicts of interest requirements.
§ 8-6. Definitions.
The words used in this
chapter shall have their normal, accepted meanings except as set forth
below:
Executive action: Any action or nonaction that:
A. is taken by an
official or employee; and the County Commissioners
in an executive capacity
B.
is not legislative action, as defined in this section.
Comment: The current definition unduly, even if inadvertently, appears to limit “executive action” to only those actions taken directly by the County Commissioners. Presumably (and as is the practice in most jurisdictions), the intent was otherwise: to include executive actions taken by the County Commissioner, in addition to executive actions taken by the County Administrator or various administrative agencies of the County. The language suggested here is that commonly used in other codes.
Family member: Any parents,
children, stepchildren, siblings, and the spouse of an official or employee .
who reside in the same household with the official or employee
Comment: This is also the subject of a pending amendment by Commissioner Ransom, to correct a mistake recently noted by the State Ethics Commission.
A. Membership.
The Commission shall consist
of three members and one alternate member appointed by the County Commissioners,
each of whom:
(5) Is not a ,
and no family member is,
lobbyist registered. or a member of an organization required to register
under the provisions of § 8-14 of this chapter
Comment: No other county restricts membership on its Ethics Commission the way the current QAC Code does. This subsection A(5), as currently crafted, is especially onerous. Consider, for example, if the Chamber of Commerce or the Eastern Shore Land Conservancy were required to register as a lobbyist for some matter or another: no one who has a “family member” belonging to that organization could remain on the Ethics Commission - even if the individual would recuse himself or herself from any matter involving the organization.
B. Terms.
The County Commissioners
shall appoint one member to serve a one-year term, one member to serve
a two-year term, one member to serve a three-year term. Thereafter,
all members shall serve a term of five years. The alternate shall be
appointed for a five-year term and shall sit when any member is unavailable
for any reason. A member
may not be removed from office except for good cause shown and upon
notice and an opportunity to be heard. The County Commissioners may remove any member
of the Ethics Commission for incompetence or improper conduct.
Comment: “Improper conduct” is far too broad a standard for removal and, as such, invites abuse. (Would receiving a speeding ticket be considered “improper conduct”?) The language suggested here is that commonly used in other codes (Dorchester, Frederick, and Somerset, among others).
§ 8-9. Counsel.
{Alternative A}
The Commission may
(1) seek advice of the County Attorney or (2) in its discretion, employ
and seek advice of independent counsel of its own choosing at County
expense. (Cecil Co.) shall be advised by an attorney appointed
by the County Commissioners
{Alternative B}
The Commission shall appoint
independent counsel. This counsel shall be an attorney
who does not regularly practice law in Queen Anne’s County. (Dorchester
Co.) be advised by an attorney appointed
by the County Commissioners
{Alternative C}
The Commission shall be advised by legal counsel of
its own choice. (Calvert Co.)
an attorney appointed by the County Commissioners
Comment: Independent counsel, selected by the Ethics Commission itself, is essential for independent ethics administration.
§ 8-10. Administration;
powers and duties.
A. The Commission shall
select its Chairman in January of each year by majority vote. A member
shall serve until a successor has been appointed. The
Commission, upon request, shall be assisted in carrying out its responsibilities
by the attorney designated by the County Commissioners.
Comment: Conforms to change proposed in § 8-9 above.
H. Hearing.
(2) The burden of proof
at the hearing is on the Commission to demonstrate,
by such a a
preponderance of the evidence,
that the respondent or respondents have engaged in a violation of the
Queen Anne's County Ethics Code. clear and convincing
Comment: This is also the subject of a pending amendment by Commissioner Ransom, to correct a mistake noted some time ago by the State Ethics Commission. We know of no other jurisdiction that imposes any standard higher than “by a preponderance of the evidence.”
I. Oaths
and subpoenas.
(1) The
Commission may:
(a) administer
oaths and affirmations; and
(b) issue
subpoenas for the attendance and testimony of witnesses or for the production
of books, papers, emails, records, documents, or other evidence.
(2) The
Commission shall issue one or more subpoenas on behalf of a respondent
if, in preparation for a hearing, the respondent files a written request
at least 10 working days before the date set for the hearing. The respondent
is responsible for service and enforcement of these subpoenas.
(3) Subpoenas
issued on behalf of the Commission are judicially enforceable.
Comment: The Ethics Commission must be given the power necessary to meet its statutory obligation of hearing and deciding complaints. Otherwise, the Ethics Commission is ineffective, and the Ethics Code is unenforceable. Denying subpoena power is akin to prohibiting the Health Department from entering into a restaurant kitchen to investigate a hazard. The language proposed here, which is taken from the ethics codes of Cecil County1 and Allegany County2 , assures that a respondent would have the same right as
the Commission to obtain necessary evidence.
J. The Commission
may grant exemptions and modifications to the provisions of this chapter
as provided in § 8-15. I.
K. The Commission
may develop and publish rules, regulations, and reporting forms in order
to carry out the provisions of this chapter; provided, however, that,
prior to the issuance of such rules, regulations, or forms, the Commission
notifies the Board of County Commissioners and the public through appropriate
means and affords the public no less than 14 days within which to comment
on such proposed rules, regulations, and forms. J.
§ 8-11. Conflicts
of interest.
Queen Anne's County officials,
board and commission members, and employees, as provided in § 8-5, are prohibited from the following:
shall be
A. Acting on behalf
of the County in any matter which would, to their knowledge, have a
direct financial impact, as distinguished from the public generally,
on them or a family member or a business entity in which any of the
aforesaid have an interest.
B. Being employed by
or having a financial interest in an entity subject to the authority
of that official or employee or of the governmental unit with which
the official or employee is affiliated.
C. Being
employed by or having a financial interest in an entity that is doing
business with that official or employee or with the governmental unit
with which the official or employee is affiliated.
Comment: This provision was in Bill 05-04 Amended #1, as then reviewed by the State Ethics Commission. The provision is a standard conflicts-of-interest provision, one that is required by the State and, in some form or another, adopted by sister jurisdictions. It was inexplicably removed in Bill 05-04 Amended #3, and should be reinstated.
D. Holding
any other employment or
contractual relationship
if that C. relationship would impair
the impartiality and independent judgment of the official or employee. employment
Comment: This was in the original Bill 05-04, but eliminated later by the Commissioners. A reference to a “contractual” relationship is essential here: a consultancy arrangement, a services contract, or an attorney-client relationship, for just some examples, could well impair impartiality no less than an employment relationship could.
E. Representing
any party, for a contingent fee, or lobbying, for compensation, before
any County body. D.
F. Soliciting
or accepting gifts prohibited by § 8-12. E.
G. Acting within
two years following termination of County service as a compensated representative
of another person in connection with any specific matter in which he/she
participated substantially as a County official or employee. F.
H. Intentionally
using the prestige of their office, or confidential information acquired
in their official County position, for their own private gain or that
of another. The performance of usual and customary constituent services
without additional compensation is not prohibited under this section. G.
§ 8-12. Gifts.
A. Gifts from specified
persons prohibited.
Except as permitted
by Subsection B of
this section, a County official or employee may not accept any gift
of more than $20 in value (or cumulative gifts totaling more than $100
in any one year) from any person who: Subject to
(1) has a contract with, or is negotiating
a contract with, the County; or who
(2) is subject to regulation by the official
or employee's agency;
or ,
(3) is
a lobbyist subject to registration under
§ 8-14 of this chapter.
unless the Commission
determines that the gift would not present a conflict of interest.
Comment: In the original Bill 05-04, lobbyists were included among those covered by the Bill’s definition of “subject to regulation by”. Their inclusion is as it should be under standards set by State law. Ultimately, however, they were excluded (inadvertently?) when the Commissioners deleted the definition of “subject to regulation by.” As to the authority for the Commission to grant limited exceptions, that is transferred to subsection B below.
- Qualified exceptions.
Subject
to the provisions of Subsection C of this section, the following gifts
are permitted: Gifts allowed
include
- Meals or beverages in the presence of the donor, not to exceed $20 in value;
- Ceremonial gifts or awards of insignificant monetary value;
- Unsolicited gifts of nominal value;
- Trivial items of informational value;
- Tickets or free admission extended to an elected official from the person sponsoring or conducting the event, as a courtesy or ceremony to the office, to attend a charitable, cultural, or political event;
(6)
A specific gift or class of gifts that the Commission exempts on a written
finding that acceptance of the gift or class of gifts would not be detrimental
to the impartial conduct of County business;
and
(7)
Gifts from family members. (6)
Comment: This incorporates the exception currently in subsection A, with the added clarification that it be granted in writing.
§ 8-15. Exemptions;
modifications.
The Commission may grant
exemptions and modifications to the requirements of §§ 8-11, 8-12,
and 8-13 of this chapter if the Commission determines that applying
the provisions would:
A. Constitute an unreasonable
invasion of privacy;
B. Significantly reduce
the availability of qualified persons for public service; and
C. Not be required to
preserve the purposes of this chapter.
D. Apply
to part-time elected officials or members of local boards and commissions
or to ministerial officials or employees when the outside employment
would not affect their official duties.
Comment: This is also the subject of a pending amendment by Commissioner Ransom, to correct a mistake recently noted by the State Ethics Commission.