4138

LAWS OF MARYLAND

Ch. 767

EXCEPT FOR THE OTHER PROVISIONS OF THIS TITLE, WHICH

EXCEED THE MINIMUM STANDARDS OF ARTICLE 40A OF THE CODE,

COMMISSIONERS AND EMPLOYEES OF THE WSSC ARE SUBJECT TO THE

PROVISIONS CONCERNING CONFLICT OF INTEREST AND LOBBYING AS

SET FORTH IN ARTICLE 40A OF THE CODE.

COMMITTEE NOTE: This section cross-references Article
40A of the Code to clearly state the fact that
Article 40A preempts Title 12 where the two
provisions are duplicative.

12-102. Montgomery County - Minutes.

(A)  THIS SECTION APPLIES TO A COMMISSIONER OF THE WSSC
FROM MONTGOMERY COUNTY.

(B)  THE WSSC SHALL KEEP MINUTES IN THE USUAL CORPORATE

FORM.

(C)  (1) THE YEAS, NAYS, AND ABSTENTIONS OF THE
COMMISSIONERS SHALL BE SEPARATELY TAKEN AND RECORDED FOR ANY
ACTION THAT:

(I)  AUTHORIZES, MODIFIES, OR RESCINDS A
WATER, SANITARY SEWERAGE, OR STORM DRAINAGE EXTENSION; OR

(II)  ADOPTS OR AMENDS A WATER OR SEWER
PROGRAM OF EXTENSIONS.

(2) THE WSSC SHALL RECORD IN THE MINUTES:

(I)  THE REASON FOR AN ABSTENTION;

(II)  THE NAME OF A COMMISSIONER WHO VOTES
OR ABSTAINS;

(III)  A BRIEF RESUME OF THE MATTERS ON
WHICH A VOTE IS TAKEN; AND

(IV)  ANY DISCLOSURE MADE UNDER § 12-103 OF
THIS TITLE.

(D)  THE MINUTES SHALL BE OPEN TO PUBLIC INSPECTION IN
THE WSSC'S PRINCIPAL OFFICE DURING BUSINESS HOURS.

12-103. Montgomery County - Conflicts of interest.

(A) IF A COMMISSIONER OF THE WSSC FROM MONTGOMERY
COUNTY HAS A CONFLICT OF INTEREST UNDER ARTICLE 40A OF THE
CODE, THE COMMISSIONER SHALL DISCLOSE THE CONFLICT OF
INTEREST AT A WSSC MEETING.

(B) THE COMMISSIONER MAY NOT PARTICIPATE IN ANY
DECISION OR ACT AFFECTED BY THE CONFLICT OF INTEREST.