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954
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LAWS OF MARYLAND
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Ch. 257
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disclose in writing this interest to the county board. The
disclosure shall be noted in the board minutes.
(3) If disclosure is made and the member who made the
disclosure disqualifies himself from voting or acting on the
transaction on behalf of the board, the transaction may be
completed if it involves:
(i) Making a deposit by the county board in a
bank in which the county board member has a financial interest;
(ii) The purchase of gas, electricity, or other
public utility services from a company in which the county board
member has a financial interest;
(iii) Making a contract after any required
publicly advertised competitive bidding with a firm, corporation,
or association in which the county board member has a financial
interest; or
(iv) Making a contract to compose threatened or
actual litigation undertaken between the county board and the
county board member or between the board and a firm, corporation,
or association in which the member has a financial interest.
(4) If the action has been approved by the State
Superintendent, and if, through disqualifications, less than a
quorum of the county board is capable of participating in any
contract or purchase permitted under this section, the remaining
member or members constitute a quorum and may complete the
contract or purchase.
(d) (1) If there is a conflict of interest in violation of
this section in a contract or purchase entered into by a county
board, the contract or purchase may be set aside in a suit
brought on behalf of the county board by its counsel or by the
Attorney General of this State, unless the court finds that the
contract or purchase is in the public interest.
(2) The burden of proof is on the party seeking to
uphold the contract or purchase to show that the contract or
purchase is in the public interest.
(3) A contract or purchase by a county board may be
set aside on the ground of conflict of interest only as provided
in this subsection.
(e) (1) Any person who violates any provision of this
section is guilty of a misdemeanor and on conviction is subject
to a fine not exceeding $1,000 or imprisonment not exceeding 1
year.
(2) Any person convicted under this section shall be
removed from his office by the State Superintendent.]
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