ROBERT L. EHRLICH, JR., Governor

Ch. 5

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, §§ 734B and 728(c).

In subsection (a) of this section, the former specific references to any
"ordinance" and "regulation" are deleted as included in the general
reference to "law".

In subsection (b) of this section, the reference to any local "law" is
substituted for the former reference to local "legislation" for consistency
with subsection (a) of this section.

In the introductory language of subsection (c) of this section, the former
phrase "but not limited to" is deleted as surplusage in light of the word
"including". See Art. i, § 30.

Defined terms: "Chief" § 3-101
"County" § 1-101

3-103. RIGHTS OF LAW ENFORCEMENT OFFICERS GENERALLY.

(A)     RIGHT TO ENGAGE IN POLITICAL ACTIVITY.

(1)      SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, A LAW
ENFORCEMENT OFFICER HAS THE SAME RIGHTS TO ENGAGE IN POLITICAL ACTIVITY
AS A STATE EMPLOYEE. ...

(2)      THIS RIGHT TO ENGAGE IN POLITICAL ACTIVITY DOES NOT APPLY
WHEN THE LAW ENFORCEMENT OFFICER IS ON DUTY OR ACTING IN AN OFFICIAL
CAPACITY.

(B)       REGULATION OF SECONDARY EMPLOYMENT.
A LAW ENFORCEMENT AGENCY:

(1)      MAY NOT PROHIBIT SECONDARY EMPLOYMENT BY LAW
ENFORCEMENT OFFICERS; BUT

(2)      MAY ADOPT REASONABLE REGULATIONS THAT RELATE TO
SECONDARY EMPLOYMENT BY LAW ENFORCEMENT OFFICERS.

(C)     DISCLOSURE OF PROPERTY, INCOME, AND OTHER INFORMATION.

A LAW ENFORCEMENT OFFICER MAY NOT BE REQUIRED OR REQUESTED TO
DISCLOSE AN ITEM OF THE LAW ENFORCEMENT OFFICER'S PROPERTY, INCOME,
ASSETS, SOURCE OF INCOME, DEBTS, OR PERSONAL OR DOMESTIC EXPENDITURES,
INCLUDING THOSE OF A MEMBER OF THE LAW ENFORCEMENT OFFICER'S FAMILY OR
HOUSEHOLD, UNLESS:

(1)      THE INFORMATION IS NECESSARY TO INVESTIGATE A POSSIBLE
CONFLICT OF INTEREST WITH RESPECT TO THE PERFORMANCE OF THE LAW
ENFORCEMENT OFFICER'S OFFICIAL DUTIES; OR

(2)      THE DISCLOSURE IS REQUIRED BY FEDERAL OR STATE LAW.

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