3040

COUNTY LOCAL LASS

B. CONDUCT PROHIBITED.
NO MEMBER SHALL:

(1)   DECIDE OR PARTICIPATE IN A DECISION IN
WHICH HE HAS A FINANCIAL INTEREST, AS OWNER, MEMBER,
PARTNER, OFFICES, EMPLOYEE, STOCKHOLDER, OR OTHER
PARTICIPANT OF OR IN ANY PRIVATE BUSINESS OR
PROFESSIONAL ENTERPRISE THAT SILL BE AFFECTED BY SUCH
DECISION, NOR SHALL A MEMBER KNOWINGLY PARTICIPATE IN
A DECISION AFFECTING A PERSON RELATED TO HIM OR HIS
SPOUSE AS FATHER, MOTHER, BROTHER, SISTER ' OR CHILD.
THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT A
MEMBER FROM HAVING OR HOLDING PRIVATE INVESTMENT,
BUSINESS, OR PROFESSIONAL INTERESTS, BUT SHALL BE
CONSTRUED TO APPLY WHEN SUCH INTERESTS ARE OR
REASONABLY MAY BE IN CONFLICT WITH THE PROPER
PERFORMANCE OF DUTY BY THE MEMBER. SUCH INTERESTS
SHALL BE PRESUMED TO BE IN CONFLICT WITH PROPER
PERFORMANCE OF DOTY BY THE MEMBER WHEN HE OR HIS
SPOUSE, OR THE FATHER, MOTHER, BROTHER, SISTER, OR
CHILD OR 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 INCISION BEING MADE BY
THE BOARD OF APPEALS 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 BOARD OF APPEALS. 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
SECTION.

(2)     ACT AS BROKER, AGENT, ATTORNEY,
REPRESENTATIVE, OR EMPLOYEE OF ANY PERSON IN HIS
BUSINESS DEALINGS WITH MONTGOMERY COUNTY, THE
MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION
OR WASHINGTON SUBURBAN SANITARY COMMISSION NOR SHALL A
MEMBER 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 MONTGOMERY COUNTY
OR THE ABOVE AGENCIES; NOR SHALL A MEMBER REPRESENT
PRIVATE INTERESTS OR APPEAR IN A POSITION OF ADVOCACY,
OTHER THAN IN THE PERFORMANCE OF HIS OFFICIAL DUTIES,
EITHER IN PERSON OR BY ASSOCIATE, IN AMY MATTER OR