WILLIAM DONALD SCHAEFER, Governor                            Ch. 574

Article 9 - Charles County

CHAPTER 44 ETHICS

44-1.

A.       NOTWITHSTANDING THE PROVISIONS OF ARTICLE 40A, § 6-101 OF THE
ANNOTATED CODE OF MARYLAND, ANY ENACTMENT OF THE COUNTY
COMMISSIONERS CONCERNING CONFLICTS OF INTEREST AND ETHICS IS GOVERNED
BY THE FOLLOWING PROVISIONS.

B.        THERE SHALL BE A COUNTY ETHICS COMMISSION, WHICH SHALL BE
COMPOSED OF FIVE MEMBERS APPOINTED BY THE COUNTY COMMISSIONERS OF
CHARLES COUNTY FROM NOMINEES SUBMITTED AS FOLLOWS:

(1)      ONE APPOINTED SHALL BE NOMINATED BY THE COUNTY
COMMISSIONERS OF CHARLES COUNTY;

(2)       ONE APPOINTED SHALL BE NOMINATED BY THE CHARLES COUNTY
MINISTERIAL ASSOCIATION, WHO SHALL BE A MEMBER OF THE ASSOCIATION;

(3)      TWO APPOINTED SHALL BE NOMINATED BY THE ADMINISTRATIVE
JUDGE OF THE CIRCUIT COURT FOR CHARLES COUNTY; AND

(4)      ONE APPOINTED SHALL BE NOMINATED BY THE CHARLES COUNTY
BAR ASSOCIATION, WHO SHALL BE A MEMBER OF THE ASSOCIATION.

44-2.

A.       FOR THE LIMITED PURPOSE OF RESPONDING TO A FORMAL COMPLAINT
AND COMPLETING A RELATED INVESTIGATION, THE CHARLES COUNTY ETHICS
COMMISSION SHALL HAVE THE AUTHORITY TO ADMINISTER OATHS AND
AFFIRMATIONS, ISSUE SUBPOENAS WITHIN CHARLES COUNTY TO COMPEL THE
ATTENDANCE AND TESTIMONY OF WITNESSES AND ISSUE SUBPOENAS WITHIN
CHARLES COUNTY TO COMPEL THE PRODUCTION OF BOOKS, PAPERS, RECORDS, OR
OTHER DOCUMENTS.

B.        THE COUNTY ATTORNEY SHALL PREPARE AN APPROPRIATE FORM FOR
USE BY THE COMMISSION WHEN THE COMMISSION ISSUES A SUBPOENA UNDER THIS
SECTION. THE SUBPOENAS SHALL CONTAIN THE FOLLOWING LANGUAGE IN BOLD
PRINT ON THE FACE OF THE SUBPOENA: "YOUR FAILURE TO OBEY THIS SUBPOENA
MAY BE REPORTED TO THE CIRCUIT COURT FOR CHARLES COUNTY AND THAT
COURT SHALL CONDUCT A HEARING AT WHICH YOU WOULD BE GIVEN AN
OPPORTUNITY TO BE HEARD AS TO THE REASONS FOR YOUR REFUSAL TO OBEY
THIS SUBPOENA. FOLLOWING SUCH A HEARING, THE COURT MAY COMPEL YOU TO
OBEY THIS SUBPOENA."

C.        A SUBPOENA MAY BE ISSUED UNDER THIS SECTION ONLY IF SIGNED BY
THE CHAIRMAN OF THE COMMISSION AND AT LEAST TWO MEMBERS. AT LEAST
THREE ETHICS COMMISSION MEMBERS.

D.       (1) EACH SUBPOENA MAY BE SERVED IN THE SAME MANNER AS IF
ISSUED FROM A CIRCUIT COURT.

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