MARVIN MANDEL, Governor 1977
WHEREAS, This placement of the State Board of Ethics in the Department of
Personnel requires that clarifying changes be made in the Code of Ethics
concerning the relationship between the Secretary of Personnel and the Board of
Ethics; and
WHEREAS, Members of the Board of Ethics have recommended that certain
other changes be made in the Code of Ethics relating to the membership of the
Board of Ethics and the holding of hearings;
NOW, THEREFORE, I, MARVIN MANDEL, GOVERNOR OF THE
STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN
ME AS GOVERNOR AND BY SECTION 14A OF ARTICLE 41 OF THE
ANNOTATED CODE OF MARYLAND (1957 EDITION, 1969
SUPPLEMENT) HEREBY PROMULGATE THE FOLLOWING
AMENDMENT TO THE CODE OF ETHICS PROMULGATED BY
EXECUTIVE ORDER DATED SEPTEMBER 4, 1969, SAID AMENDMENT
TO BE EFFECTIVE OCTOBER 9, 1970.
ARTICLE IV OF THE STATE CODE OF ETHICS IS HEREBY DELETED
IN ITS ENTIRETY AND THE FOLLOWING NEW ARTICLE IV IS
SUBSTITUTED IN LIEU THEREOF.
Article IV
A Board of Ethics is hereby established within the Department of Personnel of
the State Government. It shall consist of nine members. One of the members shall
be the Secretary of Personnel, ex officio. The other eight members shall be
appointed by the Governor from the general public and shall be persons who are
not subject to this Code of Ethics. The term of each appointed member shall be
four years or until a successor is appointed and takes office. Any appointed
member of the Board shall be eligible for reappointment. Of the members first
appointed, one member shall be appointed for one year, two members for two
years, two members for three years, and two members for four years. The member
appointed pursuant to the 1970 amendment to this Code shall be appointed for
four years. One member shall be designated as chairman by the Governor and
shall serve as such during his full term of office as a member. Five members of the
Board shall constitute a quorum, regardless of vacancies, and the affirmative vote
of at least five members shall be necessary for any action. Whenever the Secretary
of Personnel is unable to attend a meeting of the Board, he may designate the
Deputy Secretary of Personnel to attend in his place, and in such event the Deputy
Secretary shall be regarded as a member of the Board for that meeting and shall
be entitled to vote. Appointed members of the Board shall serve without
compensation but shall be reimbursed for their actual expenses incurred in the
performance of their duties. The Board, with the approval of the Secretary of
Personnel and the Governor, may appoint a paid Executive Secretary at such
salary as the Secretary of Personnel may determine.
The Board shall be subject to the authority of the Secretary of Personnel as set
forth in Article 41, Sections 213-217, of the Annotated Code of Maryland or
elsewhere in the laws of Maryland. Determinations of the Board with respect to
administrative matters, including but not limited to employment and removal of
personnel, procurement of supplies and equipment, and expenditures of money,
shall be subject to the approval of the Secretary of Personnel as well as subject to
all applicable laws of Maryland relating to such matters. The Secretary of
Personnel shall be responsible for furnishing such administrative support as may be
required for the performance of the Board's duties. Except in his capacity as one
member of the Board, the Secretary of Personnel shall have no authority over the
Board's exercise of its powers and duties as set forth below in this Article.
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