PARRIS N. GLENDENING, Governor

Ch. 533

EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, THE
REGULATIONS ADOPTED UNDER SUBSECTION (A) OF THIS SECTION SHALL BE
SIMILAR TO THE PROVISIONS OF SUBTITLE 6 OF THIS TITLE, BUT MAY BE MODIFIED
TO THE EXTENT NECESSARY TO MAKE THE REGULATIONS RELEVANT TO THE
PREVENTION OF CONFLICTS OF INTEREST IN THAT SCHOOL SYSTEM.

(C)     MINIMUM STANDARDS.

(1)      THIS SECTION DOES NOT COMPEL A SCHOOL BOARD TO REQUIRE
AN INDIVIDUAL TO FILE A FINANCIAL DISCLOSURE STATEMENT EXCEPT:

(I)       WHEN THE PERSONAL INTEREST OF THE INDIVIDUAL WILL
PRESENT A POTENTIAL CONFLICT WITH THE PUBLIC INTEREST IN CONNECTION
WITH AN ANTICIPATED PUBLIC ACTION OF THE INDIVIDUAL; AND

(II)     AT LEAST ANNUALLY TO REPORT ON GIFTS RECEIVED BY THE
INDIVIDUAL.

(2)      THE REGULATIONS SHALL REQUIRE THAT A STATEMENT FILED
UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION BE FILED SUFFICIENTLY IN
ADVANCE OF THE PUBLIC ACTION TO PROVIDE ADEQUATE DISCLOSURE TO THE
PUBLIC.

(D)     APPLICABILITY OF COUNTY PROVISIONS.

UNLESS A SCHOOL BOARD ADOPTS AND MAINTAINS FINANCIAL DISCLOSURE
REGULATIONS UNDER THIS SUBTITLE, THE PROVISIONS ENACTED BY THE COUNTY
UNDER § 15-805 OF THIS SUBTITLE SHALL APPLY TO:

(1)      EACH MEMBER OF THE SCHOOL BOARD;

(2)      THE SUPERINTENDENT OF THAT SCHOOL SYSTEM; AND

(3)      THE OTHER OFFICIALS AND EMPLOYEES OF THE SCHOOL SYSTEM
THAT THE GOVERNING BODY OF THAT COUNTY DESIGNATES.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 40A, §§ 1-201(ff) and 6A-201(b) and (c).

In subsection (c)(1)(ii) of this section, the words "report on gifts" is
substituted for "filing ... of the receipt of gifts" in former Art. 40A, §
6A-201(c)(3) to clarify that filing is required even if no gifts were received
during the reporting period.

In subsection (d) of this section, the defined term "county" is substituted for
the former words "county or City of Baltimore". Similarly, the former words
"or city" are deleted as included in the defined term "county".

Also in subsection (d) of this section, the words "and maintains" are added to
clarify that a school board may not avoid coverage by adopting, and then
repealing, the specified regulations.

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