Montgomery County                           2755

holder, or other participant of or in any private business or pro-
fessional enterprise that will be affected by such decision, nor shall
an official knowingly participate in a decision affecting a person re-
lated to him or his spouse as father, mother, brother, sister or child.
This subsection shall not be construed to prohibit an official from
having or holding private investment, business, or professional in-
terests, but shall be construed to apply when such interests are or
reasonably may be in conflict with the proper performance of duty
by the official. Such interests shall be presumed to be in conflict
with proper performance of duty by the official when the official or
his spouse, or the father, mother, brother, sister, or child, of either,
jointly or severally, owns a total of more than three per centum of
the invested capital or capital stock of any groups, firms, corporations,
or associations involved in the decision being made by the official or
his agency or receives a total combined compensation of more than
five thousand dollars per year from any individual, groups, firms, cor-
porations, or associations involved in the decision being made by the
official or his agency or receives a total combined compensation of
more than five thousand dollars per year from any individual, groups,
firms, corporations, or associations involved in the decision being made
by the official or his agency or receives a total combined compen-
sation of more than five thousand dollars per year from any individual,
groups, firms, corporations, or associations involved in the decision
being made by the official or his agency. Such presumption shall not
be construed to apply to or include an interest or investment in
land geographically remote from the land involved in the decision, a
possibility of reverter, a mortgage, or other security interest in which
the real party in interest is not as otherwise defined in this subsection.

(2)    Act as broker, agent, attorney, representative, or em-
ployee of any person in his business dealings with the County or its
agencies or agencies of the State operating for the County or repre-
sent private interests before the County or such described agencies;
nor shall the official 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 the County
or such described agencies. This shall not be construed, however, to
prevent members of boards and commissions appointed by the County
Council or County Executive, or any close business or professional
associates of such members, from participating in matters with the
County or such described agencies, where such participation has no
relationship to the board or commission to which such member was
appointed, nor shall the term "participation" include the preparation
of surveys, architectural or site plans when such are not prepared
for presentation to the board or commission upon which such member
serves.

(3)    Solicit or accept any gift, favor, loan, service, promise,