3140

LAWS OF MARYLAND

Ch. 805

rescinding a water, sanitary sewerage or storm drainage
extension, or adopting or amending a water or sewer program
of extensions the votes of the members shall be separately
taken and recorded, by yeas, nays and abstentions, provided
however the reasons for such abstention shall be recorded.
The names of the respective commission members so voting or
abstaining shall be included in the minute entry following a
brief resume of the matter on which the vote was taken. The
minute or record book shall be kept available and open to
public inspection during business hours in the commission's
principal office.

(c) (1) No commissioner shall:

(i) Decide or participate in a decision in
which he has a financial interest, as owner, member,
partner? officer, employee, stockholder, or other
participant of or in any private business or professional
enterprise that will be affected by such decision, nor shall
a commissioner knowingly participate in a decision affecting
a person related to him or his spouse, father, mother,
brother, sister or child, jointly or severally. This
subsection shall not be construed to prohibit a commissioner
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 commissioner. Such
interests shall be presumed to be in conflict with the
proper performance of duty by the commissioner when the
commissioner or his spouse, father, mother, brother, sister
or child, jointly or severally, owns a total of more than
three per centum of the invested capital or capital stock of
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 commissioner or his commission.
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 part in interest is not as otherwise defined in
this subsection.

(ii) Act as broker, agent, attorney,
representative, or employee of any person in his business
dealings with Montgomery County, Maryland-National Capital
Park and Planning Commission or Washington Suburban Sanitary
Commission; nor shall the commissioners 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 commissions; nor shall the
commissioners represent private interests or appear in a
position of advocacy, other than in the performance of their
official duties, either in person or by associate, in any
matter or proceeding before the Montgomery County council,
Maryland-National Park and Planning Commission, Washington