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§ 8-5. Applicability.

The provisions of this chapter shall be applicable apply as follows:

C. Boards and commissions.

(1) Members of the following boards and commissions shall be are subject to the provisions of this chapter:

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) Any Members of any other board or commission which may be determined by the Ethics Commission to have decisionmaking that has decision-making authority are subject to the provisions of this chapter.

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, who have decisionmaking authority and all members of other County boards and commissions which have advisory authority shall be subject to the provisions of § 8-11, Conflicts of interest, and § 8-12, Gifts, of this chapter.

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 the County Commissioners in an executive capacity an official or employee; and

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.

§ 8-8. Membership and terms.

A. Membership.

The Commission shall consist of three members and one alternate member appointed by the County Commissioners, each of whom:

(5) Is not, and no family member is, a registered lobbyist 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. The County Commissioners may remove any member of the Ethics Commission for incompetence or improper conduct. A member may not be removed from office except for good cause shown and upon notice and an opportunity to be heard.

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 shall be advised by an attorney appointed by the County Commissioners 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.)

{Alternative B} The Commission shall be advised by an attorney appointed by the County Commissioners appoint independent counsel. This counsel shall be an attorney who does not regularly practice law in Queen Anne’s County. (Dorchester Co.)

{Alternative C} The Commission shall be advised by an attorney appointed by the County Commissioners legal counsel of its own choice. (Calvert Co.)

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 such a the hearing is on the Commission to demonstrate, by clear and convincing a preponderance of the evidence, that the respondent or respondents have engaged in a violation of the Queen Anne's County Ethics Code.

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. I. The Commission may grant exemptions and modifications to the provisions of this chapter as provided in § 8-15.

K. J. 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.

§ 8-11. Conflicts of interest.

Queen Anne's County officials, board and commission members, and employees, as provided in § 8-5, shall be are prohibited from the following:

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. C. Holding any other employment or contractual relationship if that employment relationship would impair the impartiality and independent judgment of the official or employee.

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. D. Representing any party, for a contingent fee, or lobbying, for compensation, before any County body.

F. E. Soliciting or accepting gifts prohibited by § 8-12.

G. F. 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.

H. G. 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.

§ 8-12. Gifts.

A. Gifts from specified persons prohibited.

Subject to 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:

(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.

2. Qualified exceptions.

Gifts allowed include Subject to the provisions of Subsection C of this section, the following gifts are permitted:

1. Meals or beverages in the presence of the donor, not to exceed $20 in value;

2. Ceremonial gifts or awards of insignificant monetary value;

3. Unsolicited gifts of nominal value;

4. Trivial items of informational value;

5. 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) (6) Gifts from family members.

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.

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