HARRY HUGHES, Governor

4133

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
Suburban Sanitary Commission or the Montgomery County board
of appeals.

(iii) Solicit or accept any gift, favor,
loan, service, promise, employment or thing which might
influence or tend to influence the proper performance of his
duty.

(iv) Disclose any confidential information
concerning the property, management, or affairs of
Montgomery County, Maryland-National Park and Planning
Commission or Washington Suburban Sanitary Commission or use
such information to advance the financial or other private
interest of himself or other persons.

(v) Attempt to influence for a purpose
contrary to the provisions of this section any other county
or state official in the conduct of the other official's
duties.

(2) No part of this section shall be construed
to prohibit a commissioner from appearing in the pursuit of
his private interests as a citizen; or from accepting or
receiving any benefit by operation of law, or prosecuting or
pursuing any claim, right, privilege, or remedy which is his
or hers by operation of law.