WILLIAM DONALD SCHAEFER, Governor Ch. 144
(aa) "Public official" means:

(1)  Any individual in an executive agency who:

(i) Is a classified employee at grade level
[18] 16 or above, or, if not a classified employee, receives a
rate of compensation equal thereto, or is appointed to a board or

commission; and

(ii) As determined by the Ethics Commission
pursuant to § 2-103(h), who:

1.  Is charged, individually or as a
member of an executive agency, with decision making authority or
acts as a principal advisor to one with such authority:

A.  In making State policy in an executive

agency; or

B.  In exercising quasi-judicial,

regulatory, licensing, inspecting, or auditing functions; and

2.  Whose duties are not essentially
administrative and ministerial; and

(iii) Is not a full-time or part-time faculty
member at a State institution of higher education, unless the
individual is also employed in another State position which does
fall under this definition or unless the individual also directly
procures, directly influences, or otherwise directly affects the
formation or execution of any State contract, purchase or sale as
established by guidelines of the State Ethics Commission;
provided such guidelines are promulgated as regulations and
approved by the AELR Committee.

(2)  Any individual in the legislative branch, other
than a State official, who receives a rate of compensation equal
to or above grade level [18] 16 who is so designated by order by
the presiding officers of the General Assembly.

(3)  Any individual in the judicial branch of
government, including an individual employed in the office of a
clerk of court, or paid by a political subdivision to perform
services in any orphans' court, a circuit court for a county, and
any individual employed by the Attorney Grievance Commission, the
State Board of Law Examiners, or the Standing Committee on Rules
who:

(i) Is classified or compensated at State grade
level [18] 16 or above; and

(ii) Is not a judge, master, commissioner,

examiner, auditor, or referee.

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