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Session Laws, 1969
Volume 692, Page 870   View pdf image
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870                               LAWS OF MARYLAND                       [CH. 402

appointed by the Governor pursuant to Section 14A of Article 41
of the Annotated Code of Maryland (1968 Supplement) and to the
chairman or the chief executive officer or administrative officer
of his State agency or, if said officer or employee is an agency head,
then to the Governor, of the financial interest and the nature and
circumstances of the agency transaction involved and is either offi-
cially relieved from responsibility in the particular matter or
receives in advance a written determination by the Board of Ethics,
or if no Board of Ethics exists then by said chief executive or admin-
istrative officer of the agency or by the Governor, that under the
circumstances the public welfare and interest in the officer's, em-
ployee's, or agent's participation exceeds the public interest in his
disqualification or (b) if by written order the said Board of Ethics
or under a specific provision the Code of Ethics promulgated by the
Governor pursuant to Section 14A of Article 41 of the said Code, as
amended from time to time, shall have exempted the particular State
officer, employee, or agent or class of which he is a member or the
particular transaction in which he has participated from the re-
quirements of disclosure and nonparticipation in the transaction.

6.

[(a) For the purpose of this Article, a person shall be deemed to
have a direct financial interest in a transaction if such transaction
is to be consummated between the public agency of which he is a
member, agent or employee and such person himself, or his spouse,
brother, sister or child, or between such public agency and any firm,
corporation or association in which he or his spouse, brother, sister
or child, either jointly or severally, owns in total more than three
percent of the invested capital or capital stock, or from which such
person or persons, either jointly or severally, are receiving a total
combined compensation of more than five thousand dollars per year.
Any financial interest of any member, agent or employee of a public
agency in a transaction not included within the foregoing definition
of a direct financial interest shall be deemed an indirect financial
interest.]

[(b) The provisions of this Article shall not apply to members,
agents or employees of the Board of Public Works, or of the Execu-
tive Department per se, or of the General Assembly or of the Judi-
ciary Department when such members, agents or employees are per-
forming the duties attendant to these bodies.]

In the event a State officer, employee, or agent is required to dis-
qualify himself pursuant to Section 3 hereof or pursuant to the pro-
visions of any executive order promulgated pursuant to Section 14A
of Article 41 of the Annotated Code of Maryland (1968 Supplement)
from participating in some particular agency transaction as afore-
said, and by such disqualification less than a quorum of any agency
is capable of participating in a tra