PARRIS N. GLENDENING, Governor                                 Ch. 533

2. REASONABLY MAY BE EXPECTED TO KNOW OF BOTH
FINANCIAL INTERESTS; OR

(VI) A BUSINESS ENTITY THAT:

1.        THE OFFICIAL OR EMPLOYEE KNOWS IS A CREDITOR OR
OBLIGEE OF THE OFFICIAL OR EMPLOYEE, OR OF A QUALIFYING RELATIVE OF THE
OFFICIAL OR EMPLOYEE, WITH RESPECT TO A THING OF ECONOMIC VALUE; AND

2.        AS A CREDITOR OR OBLIGEE, IS IN A POSITION TO AFFECT
DIRECTLY AND SUBSTANTIALLY THE INTEREST OF THE OFFICIAL, EMPLOYEE, OR
QUALIFYING RELATIVE.

(B)     EXCEPTIONS.

(1)      THE PROHIBITIONS OF SUBSECTION (A) OF THIS SECTION DO NOT
APPLY IF PARTICIPATION IS ALLOWED:

(I)      AS TO OFFICIALS AND EMPLOYEES SUBJECT TO THE
AUTHORITY OF THE ETHICS COMMISSION, BY REGULATION OF THE ETHICS
COMMISSION;

(II)     BY THE OPINION OF AN ADVISORY BODY; OR

(III)    BY ANOTHER PROVISION OF THIS SUBTITLE.

(2)      THIS SECTION DOES NOT PROHIBIT PARTICIPATION BY AN OFFICIAL
OR EMPLOYEE THAT IS LIMITED TO THE EXERCISE OF AN ADMINISTRATIVE OR
MINISTERIAL DUTY THAT DOES NOT AFFECT THE DISPOSITION OR DECISION WITH
RESPECT TO THE MATTER INVOLVED.

(C)     PARTICIPATION NOTWITHSTANDING CONFLICT.

AN OFFICIAL OR EMPLOYEE WHO OTHERWISE WOULD BE DISQUALIFIED FROM
PARTICIPATION UNDER SUBSECTION (A) OF THIS SECTION SHALL DISCLOSE THE
NATURE AND CIRCUMSTANCES OF THE CONFLICT, AND MAY PARTICIPATE OR ACT,
IF:

(1)      THE DISQUALIFICATION WOULD LEAVE A BODY WITH LESS THAN A
QUORUM CAPABLE OF ACTING;

(2)      THE DISQUALIFIED OFFICIAL OR EMPLOYEE IS REQUIRED BY LAW
TO ACT; OR

(3)      THE DISQUALIFIED OFFICIAL OR EMPLOYEE IS THE ONLY
INDIVIDUAL AUTHORIZED TO ACT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 40A, § 3-101(a) and (b).

In subsection (a)(2)(v) of this section, the word "business" has been added
before "entity" as being implicit in former Art. 40A, § 3-101(a)(5).

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