PARRIS N. GLENDENING, Governor                             Ch. 533

(3)     AS ALLOWED BY REGULATIONS ADOPTED BY THE COMMISSION, TO
AN EMPLOYEE WHOSE GOVERNMENT DUTIES ARE MINISTERIAL, IF THE PRIVATE
EMPLOYMENT OR FINANCIAL INTEREST DOES NOT CREATE A CONFLICT OF
INTEREST OR THE APPEARANCE OF A CONFLICT OF INTEREST; OR

(4)     TO A MEMBER OF A BOARD WHO HOLDS THE EMPLOYMENT OR
INTEREST WHEN APPOINTED IF THE EMPLOYMENT OR INTEREST IS PUBLICLY
DISCLOSED TO THE APPOINTING AUTHORITY, THE ETHICS COMMISSION, AND, IF
APPLICABLE, THE SENATE OF MARYLAND BEFORE SENATE CONFIRMATION.

(D) EXEMPTION UNDER EXTRAORDINARY CIRCUMSTANCES.

(1)     SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE ETHICS
COMMISSION MAY EXEMPT A PUBLIC OFFICIAL OF AN EXECUTIVE UNIT OR AN
EMPLOYEE OF AN EXECUTIVE UNIT FROM THE PROHIBITIONS OF SUBSECTION (B)
OF THIS SECTION IF THE ETHICS COMMISSION DETERMINES THAT:

(I)      FAILURE TO GRANT THE EXEMPTION WOULD LIMIT THE
ABILITY OF THE STATE TO:

1.       RECRUIT AND HIRE HIGHLY QUALIFIED OR UNIQUELY
QUALIFIED PROFESSIONALS FOR PUBLIC SERVICE; OR

2.       ASSURE THE AVAILABILITY OF COMPETENT SERVICES TO
THE PUBLIC; AND

(II)    THE NUMBER OF EXEMPTIONS GRANTED UNDER THIS
SUBSECTION HAS NOT TENDED TO ERODE THE PURPOSES OF SUBSECTION (B) OF
THIS SECTION OR OTHER PROVISIONS OF THIS TITLE.

(2)      (I) THE ETHICS COMMISSION MAY GRANT AN EXEMPTION UNDER
PARAGRAPH (1) OF THIS SUBSECTION ONLY:

1.       IN EXTRAORDINARY SITUATIONS; AND

2.       UPON THE RECOMMENDATION OF THE GOVERNOR, AT
THE REQUEST OF THE EXECUTIVE UNIT INVOLVED.

(II) THE ETHICS COMMISSION SHALL APPLY THIS SUBSECTION AS
CONSISTENTLY AS POSSIBLE UNDER SIMILAR FACTS AND CIRCUMSTANCES.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 40A, § 3-103(a).

In subsections (c)(4) and (d) of this section, the former phrase "subject to
other provisions of law, including Title 3 of this article," is deleted as
surplusage.

Subsection (d) of this section is made applicable only to public officials or
employees "of an executive unit". This limitation is implicit in the requirement
of former Art. 40A, § 3-103(a)(3) that an exemption be granted only "upon
the request of the executive unit involved".

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