3042

COUNTY LOCAL LAWS

PRIVATE COMMUNICATION FROM ANY PERSON WHETHER ORAL OH
WRITTEN, WHICH HE KNOWS IS OR REASONABLY MAY BE
INTENDED TO INFLUENCE UNLAWFULLY THE DECISION ON THE
MERITS OF ANY MATTER PENDING BEFORE THE BOARD OF
APPEALS OR AN APPEAL THEREFROM TO A COURT OF COMPETENT
JURISDICTION. ANY SUCH EX PASTE OR PRIVATE
COMMUNICATION RECEIVED AND CONSIDERED SHALL BE MADE OF
PUBLIC RECORD BY THE RECIPIENT, AND IF MADE ORALLY,
SHALL BE WRITTEN DOWN IN SUBSTANCE FOR THIS PURPOSE BY
TEE RECIPIENT. A COMMUNICATION TO THE CLERK OF THE
BOARD OF APPEALS, CONCERNING THE STATUS OR PROCEDURES
OF A PENDING MATTER SHALL NOT BE CONSIDERED AN EX
PARTE OR PRIVATE COMMUNICATION. THIS SECTION SHALL
NOT APPLY TO LEGAL ADVICE RENDERED BY THE COUNTY
ATTORNEY OR HIS STAFF AND SHALL NOT APPLY TO TECHNICAL
ADVICE OR EXPLANATION RENDERED BY GOVERNMENTAL
AGENCIES AT THE REQUEST OF A MEMBER OR MEMBERS OF THE
BOARD.

F. EFFECT IF CONFLICT OF INTERESTS.

IF, BECAUSE OF DISQUALIFICATION OR
DISQUALIFICATIONS BY INTEREST UNDER THE PROVISIONS OF
THIS SECTION, LESS THAN A QUORUM OF THE BOARD OF
APPEALS IS AVAILABLE TO ACT UPON ANY PARTICULAR
MATTER, EXCEPT SPECIAL EXCEPTIONS, THE REMAINING
MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM AND
SHALL HAVE AUTHORITY TO TRANSACT BUSINESS TO THE
EXTENT PERMITTED BY LAW; PROVIDED THAT THIS SHALL NOT
BE CONSTRUED TO PERMIT TRANSACTION OF BUSINESS
CONTRARY TO THE QUORUM REQUIREMENTS OH OTHER
PROVISIONS OF STATE OR OTHER LAW.

Section 3. Section 73-24 Chapter 73, title
"Administration", of the Montgomery County Code 1965,
as amended, is hereby repealed and re—enacted, with
amendments, to read as follows:

73-24. Application.

The provisions of this article shall apply to all
officers and employees of the County, whether subject
to the personnel merit system or otherwise, and to the
County Executive, Chief Administrative Officer, the
County Council, the County Attorney, the Hearing
Examiners, department heads, and all other officers,
employees, and members of boards, except the Board of
Appeals, commissions, and agencies hired or appointed
by or under the authority of the County Executive,
County Council, or of the County. The words,