J. MILLARD TAWES, Governor 617
shall the commissioners decide or participate in a decision on any
matter in which a close business or professional associate has acted
in any of these capacities or represented private interests before
Montgomery County or the above commissions; nor shall the Com-
missioners REPRESENT PRIVATE INTERESTS OR appear in a
position of advocacy, other than in the performance of their official
duties, either in person or by associate, in any matter or proceeding.
PENDING BEFORE THE MONTGOMERY COUNTY COUNCIL,
MARYLAND NATIONAL CAPITAL PARK AND PLANNING
COMMISSION, WASHINGTON SUBURBAN SANITARY COM-
MISSION, OR THE MONTGOMERY COUNTY BOARD OF
APPEALS.
(3) Solicit or accept any gift, favor, loan, service, promise, em-
ployment or thing which might influence or tend to influence the
proper performance of his duty.
(4) Disclose any confidential information concerning the property,
management, or affairs of Montgomery County, Maryland National
Park and Planning Commission or Washington Suburban Sanitary
Commission or use such information to advance the financial or other
private interests of himself or other persons.
(5) Attempt to influence for a purpose contrary to the provisions
of this section any other County or State official in the conduct of the
other official's duties.
(b) No part of this section shall be construed to prohibit a com-
missioner from appearing in the pursuit of his private interests as a
citizen; or from accepting or receiving any benefit by operation of
law, or prosecuting or pursuing any claim, right, privilege, or remedy
which is his or hers by operation of law.
5. Disclosure and non-participation required.
When a commissioner has any interest as described in this section
which is or reasonably may be incompatible with or in conflict with
any of his official duties or acts, he shall disclose such interest in a
meeting of the commission and such disclosure shall appear in the
commission's minutes, and he shall disqualify himself and not partici-
pate in the decision or act affected thereby.
6. Penalties.
Any commissioner convicted of violating subsection (4) or (5) of
this section shall be guilty of a misdemeanor, and shall be punishable
by a fine of not more than $1,000.00 or six months in jail, or both
such fine and imprisonment, or by suspension from the commission
or employment for not more than six months, or by outright for-
feiture and removal from office, or by any combination of these, as
in the discretion of the court shall be fit and proper.
7. Severability.
The provisions of this section are severable and if any provision of
this section, or subsection thereof, or the application thereof to any
person or circumstance is held invalid for any reason, such invalidity
shall not affect the other provisions, section, subsection thereof, or any
other application of this section which can be given effect without the
invalid provisions, subsections or application.
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