Ch. 533

1995 LAWS OF MARYLAND

NOTWITHSTANDING ANY OTHER LAW AND EXCEPT AS PROVIDED IN
SUBSECTIONS (B) AND (C) OF THIS SECTION, AFTER A COMPLAINT IS FILED:

(1)      THE PROCEEDINGS, MEETINGS, AND ACTIVITIES OF THE ETHICS
COMMISSION AND ITS EMPLOYEES RELATING TO THE COMPLAINT ARE
CONFIDENTIAL; AND

(2)      INFORMATION RELATING TO THE COMPLAINT, INCLUDING THE
IDENTITY OF THE COMPLAINANT AND RESPONDENT, MAY NOT BE DISCLOSED BY
THE:

(I)       ETHICS COMMISSION;

(II)     STAFF OF THE ETHICS COMMISSION;

(III)    COMPLAINANT; OR

(IV)    RESPONDENT.

(B)     DURATION.

EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, THE
RESTRICTIONS IN SUBSECTION (A) OF THIS SECTION APPLY UNLESS:

(1)      THE MATTER IS REFERRED FOR PROSECUTION; OR

(2)      THE ETHICS COMMISSION FINDS A VIOLATION OF THIS TITLE.

(C)     DISCLOSURES ALLOWED.

(1)      THE ETHICS COMMISSION MAY RELEASE ANY INFORMATION AT
ANY TIME IF THE RESPONDENT AGREES IN WRITING TO THE RELEASE.

(2)      ON REQUEST OF THE RESPONDENT, THE ETHICS COMMISSION AT
ANY TIME SHALL DISCLOSE THE IDENTITY OF THE COMPLAINANT TO THE
RESPONDENT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 40A, § 2-105(e).

Defined terms: "Ethics Commission" § 15-102
"Respondent" § 15-102

15-408. REFERRAL TO PROSECUTING AUTHORITY.

(A)     REFERRAL FOR PROSECUTION.

IF THE ETHICS COMMISSION, WHILE CONSIDERING A COMPLAINT, FINDS THAT
THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE RESPONDENT MAY
HAVE COMMITTED A CRIMINAL OFFENSE, THE ETHICS COMMISSION PROMPTLY
SHALL REFER THE MATTER TO AN APPROPRIATE PROSECUTING AUTHORITY.

(B)      SAME — EVIDENCE.

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