3043
MONTGOMERY COUNTY

"official" or "officials" as used in this article
shall not apply to members of bi—county agencies
created by State law.

Section 4. Subsection b of Section 73—26,
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County Code 1965, as amended, is hereby repealed and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—26. Disclosure and non—participation required; ex
parte communications.

b. An official shall not consider any ex parte
or private communication from any person, whether oral
or written, which he knows is or reasonably may be
intended to influence unlawfully the decision on the
merits of any matter where a determination is required
by law to be made on a record after opportunity for
hearing to interested persons. Any such ex parte or
private communication received 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 any County
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 technical advice
or explanation rendered by or at the request of
appropriate officials of the County.

Section 5. Severability.

The provisions of this Act are severable and if
any provision, sentence, clause, section or part
thereof is held illegal, invalid or unconstitutional
or inapplicable to any person or circumstances, such
illegality, invalidity or unconstitutionally, or
inapplicability shall not affect or impair any of the
remaining provisions, sentences, clauses, sections or
parts of the Act or their application to other persons
or circumstances. It is hereby declared to be the
legislative intent that this Act would have been
adopted if such illegal, invalid or unconstitutional
provision, sentence, clause, section or part had not
been included therein, and if the person or
circumstances to which the Act or any part thereof is
inapplicable had been specifically exempted therefrom.