ROBERT L. EHRLICH, JR., Governor H.B. 865
(2) Act as broker, agent, attorney, representative, or employee of any
person in the person's business dealings with Montgomery County, Prince George's
County, the Maryland-National Capital Park and Planning Commission or
Washington Suburban Sanitary Commission nor may the commissioners decide or
participate in a decision on any matter in which a close business or professional
associate has acted in any of these capacities or represented private interests before
either county or the above commissions. The commissioners may not represent
private interest or appear in a position of advocacy, other than in the performance of
their official duties, either in person or by associate, in any matter or proceeding
pending before the Montgomery County Council, the Prince George's County Council,
Maryland-National Capital Park and Planning Commission. Washington Suburban
Sanitary Commission, the Prince George's County Board of Appeals, or the
Montgomery County Board of Appeals.
(3) Solicit or accept any gift, favor, loan, service, promise, employment or
thing which might influence or tend to influence the proper performance of the
commissioner's duty.
(4) Disclose any confidential information concerning the property,
management, or affairs of either county, Maryland-National Capital Park and
Planning Commission or Washington Suburban Sanitary Commission or use such
information to advance the financial or other private interests of the commissioner or
other persons.
(5) Attempt to influence for a purpose contrary to the provisions of this
section any other county or State official in the conduct of the other official's duties.
[(b)] (C) No part of this section may be construed to prohibit a commissioner
from appearing in the pursuit of the commissioner's private interests as a citizen; or
from accepting or receiving any benefit by operation of law, or prosecuting or
pursuing any claim, right, privilege, or remedy which is the commissioner's by
operation of law.
[(c)] (D) When a commissioner has any interest as described in this section
which is or reasonably may be incompatible with or in conflict with any of the
commissioner's official duties or acts, the commissioner shall disclose the interest in a
regular public meeting of the commission or the planning boards and the disclosure
shall appear in the minutes, and the commissioner is disqualified and may not
participate in the decision or act affected thereby.
[(d)] (E) Any commissioner convicted of violating subsection [(a)] (B) of this
section is guilty of a misdemeanor, and shall be punishable by a fine of not more than
$1,000 or six months in jail, or both fine and imprisonment, or by suspension from the
commission or employment for not more than six months, or by outright forfeiture
and removal from office, or by any combination of these, as in the discretion of the
court is fit and proper.
[(e)] (F) The provisions of this section are severable and are as provided in
Article 1, § 23 of the Code.
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