Montgomery County 2757
technical advice or explanation rendered by or at the request of
appropriate officials of the County.
73-27. Effect of conflict of interests.
If, because of disqualification or disqualifications by interest
under the provisions of this Article, less than a quorum of any body
or agency of the County or of the State operating for the County is
available to act upon any particular matter, the remaining member or
members of such body or agency shall constitute a quorum and shall
have authority to transact any business to the extent permitted by
law; provided that this shall not be construed to permit transaction
of business contrary to the quorum requirements or other provisions
of State or other law.
73-28. Ethics Commission.
a. There is hereby established an Ethics Commission which
shall consist of five members appointed by the County Executive sub-
ject to the confirmation of the County Council. Not more than three
members of the Commission shall be of the same political party and
at least one member shall be a member of the Montgomery County
Bar Association. All members shall reside in and be qualified voters
in the County. Appointments to the Commission shall be for stag-
gered five-year terms, provided that appointments shall be made in
such manner that the term of one member shall expire on June 30,
1969, the term of another member shall expire on June 30, 1970, the
term of another member shall expire on June 30, 1971, the term
of another member shall expire on June 30, 1972, and the term of
another member shall expire on June 30, 1973. Their successors
shall be appointed for terms of five years from the date of expiration
of their respective terms of office; except that any person appointed
to fill a vacancy shall serve only for the unexpired term, and any
member of the Commission shall be eligible for reappointment.
Members of the Commission shall serve without compensation, but
the Commission shall be furnished with office supplies and clerical
assistance by the County. The Commission is authorized to receive
complaints, conduct investigations upon complaints, or information
received, hold private hearings, swear witnesses, render advisory
opinions of this Article, and adopt rules of procedure for the conduct
of its business. The source of complaints, except to the accused official,
and requests for advisory opinions and all investigations shall be kept
confidential, but findings, recommendations, advisory opinions and in-
terpretations may be made public in the Commission's discretion.
The Commission shall keep accurate and complete records of its
business. Upon receipt of a complaint or information alleging a
violation of this Article, the Commission shall determine if there
is probable cause to believe a violation has occurred. If no probable
cause is determined, the Commission shall dismiss the matter sum-
marily, with or without disclosing it to the official involved as it
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