2756                            County Local Laws

employment or thing which might influence or tend to influence the
proper performance of his duty.

(4)    Voluntarily appear as attorney, counsel, or otherwise rep-
resent private interests or give opinion evidence against the interests
of the County or its agencies or agencies of the State operating for
the County in any action or proceedings in which the County or
agency or any official of the County or agency acting in his official
duty is a party, except where the interests of the County or agency
are incompatible or adverse one to the other, and the official has been
assigned to so appear or give evidence in accordance with his duty.

(5)    Disclose any confidential information concerning the
property, management, or affairs of the County or agencies, or use
such information to advance the financial or other private interests of
himself or other persons.

(6)    Attempt to influence for a purpose contrary to the pro-
visions of this Article any other County or State official in the conduct
of the other official's duties.

b. No part of this Article shall be construed to prohibit an
official 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 by operation of law.

73-26. Disclosure and non-participation required; ex parte com-
munications.

a.    When an official has any interest as described in this Article
which is or reasonably may be incompatible with or in conflict with
any of his official duties or acts, he shall disclose such interest either
publicly or to his superior, whichever shall apply, and he shall dis-
qualify himself and not participate in the decision or act affected
thereby.

b.    An official shall not consider any ex parte or private com-
munication from any person, whether oral or written, which he knows
is or reasonably may be intended to influence unlawfully the de-
cision on the merits of any matter where a determination is required
by law to be made on a record after opportunity for hearing to in-
terested persons. Any such ex parte or private communication re-
ceived and considered shall be made of public record by the recipient,
or reported to his superior, whichever shall apply, and if made orally,
shall be written down in substance for this purpose by the recipient.
A communication to the Secretary of the County Council, Clerk of
the Board of Appeals, or similar agency, concerning the status or
procedures of a pending matter shall not be considered an ex parte or
private communication. This subsection shall not apply to legal advice
rendered by the County Attorney or his staff and shall not apply to