reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 02 - CONFLICTS OF INTEREST › Chapter 19A.02.02 - Exception to Financial Interest Prohibition › Section 19A.02.02.05 - Disclosure Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				employee or official shall disclose a financial interest prohibited under
				Regulation .02 of this chapter:
(1) For an
				official or employee required to file a financial disclosure statement under
				State Government Article, §
										15-601, Annotated
				Code of Maryland, on the financial disclosure statement for the reporting
				period in which the official or employee held the financial interest;
(2) If the official or employee knows or has
				reason to know that the entity is subject to the authority of the official or
				employee, subject to the authority of the official's or employee's governmental
				unity, or is negotiating or has entered a contract with the official's or
				employee's governmental unit, on the form provided by the Ethics Commission for
				an official or employee who:
(a) Is not
				required to file a financial disclosure statement under State Government
				Article, §
											15-601, Annotated
				Code of Maryland; or
(b) Did not
				hold the financial interest during the reporting period covered by the most
				recent financial disclosure statement filed under State Government Article, §
											15-601, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 02 - CONFLICTS OF INTEREST › Chapter 19A.02.03 - Exception to Participation Restriction › Section 19A.02.03.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
The Commission may grant an official or employee an exception
				  to the participation restrictions of State Government Article, §15-501,
				  Annotated Code of Maryland, related to a business entity with which a
				  qualifying relative is affiliated if:
A. The official's or employee's agency or
				appointing authority supports the exception; and
B. The Commission finds that, based on the
				overall circumstances and relationships, granting an exception is not contrary
				to the purposes of the Public Ethics Law.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 02 - CONFLICTS OF INTEREST › Chapter 19A.02.03 - Exception to Participation Restriction › Section 19A.02.03.02 - Factors to Be Considered

Current through Register Vol. 51, No. 14, July 12, 2024
In determining whether to grant an exception under Regulation
				  .01 of this chapter, the Commission shall consider:
A. The nature of the qualifying relative's
				relationship with the business entity;
B. The nature of the relationship between the
				official or employee and the qualifying relative;
C. The geographical distance between the
				official or employee and the qualifying relative;
D. Any prior issues related to the official's
				or employee's participation in the matter;
E. Agency controls and safeguards;
F. Any involvement by the qualifying relative
				in the matter involving the official or employee; and
G. The nature of the official's or employee's
				participation in the matter in relation to the official's or employee's overall
				duties.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 03 - FINANCIAL DISCLOSURE › Chapter 19A.03.01 - Disclosure Required by Members of Boards and Commissions › Section 19A.03.01.01 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in §B of this regulation, this chapter applies to members of State
				boards and commissions:
(1) Who the
				Commission determines are public officials;
(2) Whom the Commission has not exempted from
				financial disclosure requirements under Regulation .03 of this chapter;
				and
(3) Who receive as annual
				compensation less than 25 percent of the annual salary of an employee
				classified as a grade 16, base level, of the State standard salary
				schedule.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 03 - FINANCIAL DISCLOSURE › Chapter 19A.03.01 - Disclosure Required by Members of Boards and Commissions › Section 19A.03.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board or commission" includes any unit
				that is administered, governed, or subject to appellate review by the board or
				commission.
(2) "Doing business
				with" means being:
(a) A party to sales,
				purchases, leases, or contracts to, from, or with an entity involving
				consideration of $5,000 or more during the reporting period;
(b) A registrant who lobbies on matters
				before the board or commission; or
(c) Regulated by the board or
				commission.
(3)
				"Regulated by" the member's board or commission does not include the mere act
				of approval or authorization of a corporate or business name by a board or
				commission.
(4) "Reporting period"
				means the period of time covered by a financial disclosure statement.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 03 - FINANCIAL DISCLOSURE › Chapter 19A.03.01 - Disclosure Required by Members of Boards and Commissions › Section 19A.03.01.03 - Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A board or
				commission may request in writing that the Commission grant the board or
				commission an exemption from the requirement that members of the board or
				commission file financial disclosure statements with the Commission.
B. The Commission may grant a board or
				commission an exemption requested under §A of this regulation if:
(1) The Commission finds that requiring
				members of the board or commission to file financial disclosure statements:
(a) Will constitute an unreasonable invasion
				of privacy;
(b) Will significantly
				reduce the availability of qualified individuals for public service;
				and
(c) Is not necessary to
				preserve the purposes of the Public Ethics Law; and
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 03 - FINANCIAL DISCLOSURE › Chapter 19A.03.02 - Disclosure by Faculty Members at State Institutions of Higher Education › Section 19A.03.02.01 - Faculty Members Required to Disclose

Current through Register Vol. 51, No. 14, July 12, 2024
A. Faculty members at State institutions of
				higher education who are, in their capacity as faculty members, public
				officials under COMAR 19A.01.01.02WW and who are not also public officials due
				to their employment in another State position which comes under the definition
				of public official, are not public officials required to file financial
				disclosure unless they meet one or both of the criteria set forth in §§B and C
				of this regulation.
B. Direct
				Procurement.
(1) Faculty member's official
				responsibilities include the direct procurement of goods, services, real estate
				or other items, other than routine supplies and routine classroom or laboratory
				materials which are not reasonably expected to have an annual dollar volume in
				excess of $2,000.
(2) For the
				purposes of §B(1) of this regulation, "direct procurement" includes but is not
				limited to placing an order with a vendor, approval of bills or invoices,
				signing of sales agreements, or selection of vendors.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 03 - FINANCIAL DISCLOSURE › Chapter 19A.03.03 - Disclosure by Public Officials, State Officials, and Candidates to Be State Officials › Section 19A.03.03.01 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				applies to an official or a candidate to be a State official who is required to
				file a financial disclosure statement under General Provisions Article, §§
									5-601(a)
				and (e), 5-603, 5-604, or 5-605, Annotated Code of Maryland.
B. Scope.
(1) Except as provided in §B(2) of this
				regulation, this chapter does not apply to an individual who:
(a) Is a public official solely because of
				the individual's service on a State board, commission, or task force;
				or
(b) Is required to file a
				financial disclosure statement under COMAR 19A.03.01.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 03 - FINANCIAL DISCLOSURE › Chapter 19A.03.03 - Disclosure by Public Officials, State Officials, and Candidates to Be State Officials › Section 19A.03.03.02 - Disclosure Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				individual shall file the financial disclosure statement required by State
				Government Article, Title 15, Subtitle 6, Annotated Code of Maryland, on a form
				or the electronic filing system provided by the Commission.
B. An individual who files a financial
				disclosure statement using the electronic filing system of the Commission may
				disclose the following information in the ranges specified in the electronic
				filing system:
(1) For a real property
				interest:
(a) If the interest is held jointly
				with other persons, the percentage of interest held by each owner;
(b) The consideration paid when the interest
				was acquired, the fair market value if acquired other than by purchase, or the
				annual rent if the individual rents the property; and
(c) If any portion of the interest was
				transferred in the reporting period, the percentage of interest that was
				transferred and the amount of consideration received for the
				interest;
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Chapter 19A.04.01 - General Provisions › Section 19A.04.01.01 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
This subtitle applies to each county of the State, the City
				  of Baltimore, and each of the incorporated municipalities of the
				  State.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Chapter 19A.04.01 - General Provisions › Section 19A.04.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				subtitle, the following terms have the meanings indicated.
B. Defined Terms.
(1) "Designated second home" means:
(a) If an individual owns one second home,
				the individual's second home; or
(b) If an individual owns more than one
				second home, any one second home the individual identifies to the Commission as
				the individual's designated second home.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Chapter 19A.04.01 - General Provisions › Section 19A.04.01.03 - Enactment of Local Laws

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Except as provided in COMAR 19A.04.04 of this subtitle, each county and
				municipality shall enact a local ethics law that includes:
(1) Conflict of interest and financial
				disclosure provisions for elected local officials that are at least equivalent
				to the requirements for State officials contained in State Government Article,
				Title 15, Subtitles 5 and 6, Annotated Code of Maryland;
(2) Conflicts of interest and financial
				disclosure provisions for individuals other than elected local officials that
				are similar to the provisions of the Public Ethics Law; and
(3) Lobbying provisions substantially similar
				to the provisions of the Public Ethics Law.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Chapter 19A.04.02 - Review Criteria › Section 19A.04.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions
				of this chapter reflect the minimum elements that shall be addressed by a
				county or municipal ethics law in order for the law to be viewed as:
(1) Similar or substantially similar to the
				Public Ethics Law; and
(2) For
				elected local officials and candidates to be elected local officials, at least
				equivalent to the requirements of State Government Article, Title 15, Subtitles
				5 and 6, Annotated Code of Maryland.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Chapter 19A.04.02 - Review Criteria › Section 19A.04.02.02 - Coverage

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be viewed as
				similar to the Public Ethics Law, all elected local officials, local employees
				subject to the jurisdiction of the locality, and nonelected local officials
				shall be subject to the local ethics law.
B. Conflicts of Interest.
(1) A local law shall include conflict of
				interest provisions for elected local officials equivalent to or exceeding the
				requirements of State Government Article, Title 15, Subtitle 5, Annotated Code
				of Maryland.
(2) Conflicts of
				Interest - Employees and Nonelected Local Officials.
(a) A local law shall include conflict of
				interest provisions for local employees and nonelected local
				officials.
(b) A county or
				municipality may adopt conflict of interest provisions for local employees and
				nonelected local officials that are identical to the conflict of interest
				provisions for elected local officials.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Chapter 19A.04.02 - Review Criteria › Section 19A.04.02.03 - Administration

Current through Register Vol. 51, No. 14, July 12, 2024
The local law shall:
A. Identify or establish a local agency
				responsible for implementing the law;
B. Provide the local agency responsible for
				implementing the law with a structure that supports impartiality and
				independence of judgment by its officials and employees through the hiring and
				appointment process;
C. Provide for
				the local agency responsible for implementing the local law to issue advisory
				opinions as to the applicability of the law to elected local officials,
				nonelected local officials, and local employees and other persons subject to
				the law; and
D. Establish a
				mechanism for processing and making determinations in response to complaints
				filed with the appropriate local agency alleging violations of the
				law.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Chapter 19A.04.02 - Review Criteria › Section 19A.04.02.04 - Conflicts of Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Similarity to Public Ethics Law.
(1) Unless
				the Commission grants the county or municipality a modification or exemption as
				provided in COMAR 19A.04.03.03 in accordance with General Provisions Article,
				§§
										5-209 and
				5-808, Annotated
				Code of Maryland, as applicable, to be equivalent to the requirements of and
				similar to the Public Ethics Law, the local ethics law shall address conflicts
				of interest restrictions as described in this regulation.
(2) A local law that includes conflicts of
				interest restrictions more stringent than the restrictions described in this
				regulation may be similar to the Public Ethics Law.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Chapter 19A.04.02 - Review Criteria › Section 19A.04.02.05 - Financial Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				the Commission grants a county or municipality a modification or exemption as
				provided in COMAR 19A.04.03.03 in accordance with General Provisions Article,
				§§
									5-209 and
				5-809, Annotated
				Code of Maryland, as applicable, the local law shall include financial
				disclosure requirements as described in this regulation.
B. Elected Local Officials.
(1) For elected local officials, the local
				law shall include financial disclosure requirements for elected local officials
				that are at least equivalent to the requirements in State Government Article,
				Title 15, Subtitle 6, Annotated Code of Maryland.
(2) The local law shall require:
(a) An elected local official who is
				appointed to fill a vacancy in an office and who has not already filed a
				statement for the preceding calendar year to file a financial disclosure
				statement within 30 days of appointment for the preceding calendar
				year;
(b) An elected local official
				who leaves office, other than by reason of death, to file a financial
				disclosure statement within 60 days after leaving the office for the portion of
				the current calendar year during which the individual held office and, if a
				statement has not been filed for the preceding calendar year, for the preceding
				calendar year; and
(c) All other
				elected local officials to file a financial disclosure statement on or before
				April 30 of each year for the preceding calendar year.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Chapter 19A.04.02 - Review Criteria › Section 19A.04.02.06 - Lobbying

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless the
				Commission grants a county or municipality a modification or exemption as
				provided in COMAR 19A.04.03.03H, the local law shall include lobbying
				provisions as described in this regulation.
B. Lobbying Registration.
(1) To be substantially similar to the Public
				Ethics Law, the local law shall require, at a minimum, that a person who
				provides elected local officials, appointed officials, or employees with food,
				entertainment, or other gifts exceeding an amount specified in the local law
				during a period specified in the local law in connection with efforts to
				influence official local actions to register as a lobbyist with the agency
				responsible for implementing the local law on the form provided by that
				agency.
(2) The local law shall
				require that a lobbyist registration shall:
(a) Identify the lobbyist, the subject
				matters on which the lobbyist will lobby, and any other person for whom the
				lobbyist lobbies; and
(b) Cover a
				defined period of time, as specified in the local law.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Chapter 19A.04.02 - Review Criteria › Section 19A.04.02.07 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local law
				shall include sanctions for violations of the substantive provisions of the
				law.
B. Consistent with local power
				and authority, enforcement provisions may include:
(1) Civil fines;
(2) Cease and desist orders to enjoin
				continuation of violations;
(3)
				Administrative and personnel sanctions;
(4) Reprimands;
(5) Late fees;
(6) Criminal sanctions; and
(7) Other sanctions as appropriate in the
				local jurisdiction.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Chapter 19A.04.03 - Review Procedures › Section 19A.04.03.01 - Certification and Submission to the Commission

Current through Register Vol. 51, No. 14, July 12, 2024
A. On or before October 1 of each year, the
				local ethics commission or other appropriate entity of a county or municipality
				shall certify to the Commission on the form provided by the Commission that the
				county or municipality is in compliance with COMAR 19A04.01.03 and General
				Provisions Article, §
									5-807, Annotated
				Code of Maryland.
B. In addition to
				the annual certification required by §A of this regulation, a county or
				municipality shall submit promptly a copy of any new local law or amendments or
				additions to a local law to the Commission for the Commission's review and
				approval.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Chapter 19A.04.03 - Review Procedures › Section 19A.04.03.02 - Commission Review of Local Laws

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				A county or municipality may submit proposed ethics provisions and amendments
				to the Commission for review and comment prior to final enactment.
B. The Commission shall review all finally
				enacted laws submitted to the Commission and shall determine if the local law
				meets the requirements of this subtitle and State Government Article, Title 15,
				Subtitle 8, Annotated Code of Maryland.
C. In determining whether a local law meets
				the statutory requirements for elected local officials and for being similar to
				the Public Ethics Law, the Commission shall apply the criteria of COMAR
				19A.04.02 and State Government Article, Title 15, Subtitle 8, Annotated Code of
				Maryland.
D. If the Commission
				determines that a local law does not meet the requirements of this subtitle and
				State Government Article, Title 8, Annotated Code of Maryland, the Commission
				shall notify the county or municipality of the determination and Commission
				staff shall assist the local entity in developing local provisions that comply
				with these requirements.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Chapter 19A.04.03 - Review Procedures › Section 19A.04.03.03 - Exemptions and Modifications

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Exemption and Modification Requests.
(1)
				Request for a Modification or Exemption.
(a)
				A county may request a modification of the requirements of COMAR 19A.04.02 when
				appropriate based on clearly demonstrable local circumstances.
(b) A municipality may request a modification
				of or an exemption from the requirements of COMAR 19A.04.02 when appropriate
				based on clearly demonstrable local circumstances.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Chapter 19A.04.03 - Review Procedures › Section 19A.04.03.04 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission
				and its staff shall make reasonable efforts to assist counties and
				municipalities in developing local laws that reflect the intent of the Public
				Ethics Law and take account of local circumstances and needs in avoiding
				conflicts of interest within that jurisdiction.
B. Nonconformance Remedies.
(1) If the Commission determines that a
				county or municipality has not complied with and has not made good faith
				efforts toward compliance with the requirements of the Public Ethics Law, the
				Commission may issue a public notice:
(a)
				Concerning the failure of compliance by the local jurisdiction; and
(b) Listing the specific areas of
				noncompliance in the proposed or enacted local ethics law.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Chapter 19A.04.04 - Model Laws › Section 19A.04.04.01 - Model Laws

Current through Register Vol. 51, No. 14, July 12, 2024
The model local ethics laws in Appendices A and B to this
				  subtitle are established as alternative model provisions developed by the
				  Commission under State Government Article, §
									15-205, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Chapter 19A.04.04 - Model Laws › Section 19A.04.04.02 - Effect of Models

Current through Register Vol. 51, No. 14, July 12, 2024
A. Status.
(1) The model local laws in Appendices A and
				B to this subtitle are informational and examples only.
(2) The Commission shall determine whether a
				county or municipal law complies with the requirements of State Government
				Article, Title 15, Subtitle 8, Annotated Code of Maryland, based on the
				criteria and guidelines set forth in COMAR 19A.04.02 and the Public Ethics
				Law.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 05 - BOARD OF EDUCATION ETHICS REGULATIONS › Chapter 19A.05.01 - General Provisions › Section 19A.05.01.01 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
This subtitle applies to each board of education in each
				  county of the State and to the Baltimore City Board of School
				  Commissioners.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 05 - BOARD OF EDUCATION ETHICS REGULATIONS › Chapter 19A.05.01 - General Provisions › Section 19A.05.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				subtitle, the following words have the meanings indicated.
B. Defined Terms.
(1) "Board of education" means the local
				board of education of a county and includes the Baltimore City Board of School
				Commissioners.
(2) "Candidate to be
				a member of the school board" means a person who has filed for election to an
				elected school board.
(3) "County"
				includes Baltimore City.
(4)
				"Designated second home" means:
(a) If an
				individual owns one second home, the individual's second home; or
(b) If an individual owns more than one
				second home, any one second home the individual identifies to the Commission as
				the individual's designated second home.
(5) "Home address" means the address of an
				individual's:
(a) Principal home;
				and
(b) Designated second home, if
				any.
(6) "Member of the
				school board" means an elected or appointed member of a board of
				education.
(7) "Principal home"
				means the sole residential property that an individual occupies as the
				individual's primary residence, whether owned or rented by the
				individual.
(8) "Quasi-governmental
				entity" means an entity that is created by State statute, that performs a
				public function, and that is supported in whole or in part by the State but is
				managed privately.
(9) "School
				employee" means an employee of the board of education or the county school
				system.
(10) School Official.
(a) "School official" means an employee or
				other official of the board of education or the school system.
(b) "School official" does not include a
				member of the school board.
(11) "School system" means the educational
				system under the authority of a board of education.
(12) "Second home" means a residential
				property that:
(a) An individual occupies for
				some portion of the filing year; and
(b) Is not a rental property or a time
				share.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 05 - BOARD OF EDUCATION ETHICS REGULATIONS › Chapter 19A.05.01 - General Provisions › Section 19A.05.01.03 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Conflicts of Interest and Financial Disclosure Regulations " Required for
				Members of and Candidates for School Board.
(1) A board of education shall adopt conflict
				of interest regulations applicable to members of the school board.
(2) A board of education shall adopt
				financial disclosure regulations applicable to members of the school board and,
				if the board is an elected board under Education Article, Title 3, Subtitle 1,
				Part III, Annotated Code of Maryland, to candidates to be members of the school
				board.
(3) The regulations adopted
				under this section for members of the school board and candidates to be members
				of the school board shall be at least equivalent to the requirements for
				officials contained in State Government Article, Title 15, Subtitles 5 and 6,
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 05 - BOARD OF EDUCATION ETHICS REGULATIONS › Chapter 19A.05.02 - Review Criteria › Section 19A.05.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions
				of this chapter reflect the minimum elements that shall be addressed by board
				of education regulations in order for the Commission to view the regulations
				as:
(1) Similar or substantially similar to
				the Public Ethics Law; and
(2) For
				members of the school board and candidates to be members of the school board,
				at least equivalent to the requirements of State Government Article, Title 15,
				Subtitles 5 and 6, Annotated Code of Maryland.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 05 - BOARD OF EDUCATION ETHICS REGULATIONS › Chapter 19A.05.02 - Review Criteria › Section 19A.05.02.02 - Coverage

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be viewed as
				similar to the Public Ethics Law, all members of the school board, school
				officials, and school employees shall be subject to the board of education's
				ethics regulations.
B. Conflicts of
				Interest.
(1) A board of education's ethics
				regulations shall include conflict of interest provisions for members of the
				school board and candidates to be members of the school board equivalent to or
				exceeding the requirements of the Public Ethics Law, State Government Article,
				Title 15, Subtitle 5, Annotated Code of Maryland.
(2) A board of education's ethics regulations
				shall include conflict of interest provisions for school officials and school
				employees.
(3) A board of education
				may adopt conflict of interest provisions for school officials and school
				employees that are identical to the conflict of interest provisions for members
				of the school board.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 05 - BOARD OF EDUCATION ETHICS REGULATIONS › Chapter 19A.05.02 - Review Criteria › Section 19A.05.02.03 - Administration and Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A board of education's ethics regulations shall:
A. Identify or establish an entity
				responsible for implementing the regulations;
B. Within the board of education's
				administrative authority, provide a mechanism to issue advisory opinions as to
				the applicability of the regulations to members of the school board, school
				officials, school employees, and other persons subject to the provisions of the
				regulations;
C. Establish a
				mechanism for processing and making determinations in response to complaints
				alleging violations of the regulations; and
D. Within the board of education's
				administrative authority, include sanctions for enforcement of the substantive
				provisions.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 05 - BOARD OF EDUCATION ETHICS REGULATIONS › Chapter 19A.05.02 - Review Criteria › Section 19A.05.02.04 - Conflicts of Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be
				equivalent to the requirements of and similar to the Public Ethics Law, a board
				of education's ethics regulations shall address conflict of interest
				restrictions as described in this regulation.
B. Disqualification.
(1) The regulations shall include, for
				members of the school board, the disqualification and participation
				restrictions included in State Government Article, §15-501, Annotated Code of
				Maryland.
(2) The local law shall
				include a disqualification provision prohibiting a school official or school
				employee from participating, as a school official or school employee, in a
				school system matter that would have a direct economic impact, distinct from
				the impact on the public at large, on the school official or school employee,
				or that, to the knowledge of the school official or school employee would have
				a direct economic impact on:
(a) The spouse,
				parent, sibling, or child of the school official or school employee;
				or
(b) A business entity with which
				any of the following is affiliated:
(i) The
				school official or school employee; or
(ii) The spouse, parent, sibling, or child of
				the school official or employee.
(3) The regulations may include:
(a) A provision that allows participation
				when the potential conflict is disclosed and when no other school official or
				school employee may act;
(b) A
				provision which allows participation when the potential conflict is disclosed
				and disqualification would result in lack of board quorum; or
(c) Exception provisions allowing the entity
				implementing the law to waive the disqualification requirement when no conflict
				of interest exists or when the interest is too remote and insubstantial to
				affect the integrity of the public actions of the official or
				employee.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 05 - BOARD OF EDUCATION ETHICS REGULATIONS › Chapter 19A.05.02 - Review Criteria › Section 19A.05.02.05 - Financial Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Members
				of the School Board.
(1) For members of the
				school board, the regulations shall include financial disclosure requirements
				that are at least equivalent to the requirements of State Government Article,
				Title 15, Subtitle 6, Annotated Code of Maryland.
(2) The regulations shall require:
(a) A member of the school board who is
				appointed to fill a vacancy in an office and who has not already filed a
				statement for the preceding calendar year to file a financial disclosure
				statement for the preceding calendar year within 30 days of
				appointment;
(b) A member of the
				school board who leaves office, other than by reason of death, to file a
				financial disclosure statement within 60 days after leaving the office for the
				portion of the current calendar year during which the individual held office
				and, if a statement has not been filed for the preceding calendar year, for the
				preceding calendar year; and
(c)
				All other members of the school board to file a financial disclosure statement
				for the preceding calendar year on or before April 30 of each year.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 05 - BOARD OF EDUCATION ETHICS REGULATIONS › Chapter 19A.05.02 - Review Criteria › Section 19A.05.02.06 - Lobbying

Current through Register Vol. 51, No. 14, July 12, 2024
A. Lobbying
				Registration.
(1) To be substantially similar
				to the Public Ethics Law, the regulations shall require, at a minimum, that a
				person register as a lobbyist with the entity responsible for implementing the
				regulations on the form provided by the entity if the person provides members
				of the school board, school officials, or school employees with food,
				entertainment, or other gifts exceeding an amount specified in the regulations
				during a period specified in the regulations in connection with efforts to
				influence official school board or school system actions.
(2) The regulations shall require that a
				lobbyist registration:
(a) Identify the
				lobbyist, the subject matters on which the lobbyist will lobby, and any other
				person for whom the lobbyist lobbies; and
(b) Cover a defined period of time, as
				specified in the regulations.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 05 - BOARD OF EDUCATION ETHICS REGULATIONS › Chapter 19A.05.03 - Review Procedures › Section 19A.05.03.01 - Submission of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A board of education shall submit promptly a copy of any
				  ethics regulations or amendments or additions to the Commission for the
				  Commission's review and approval.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 05 - BOARD OF EDUCATION ETHICS REGULATIONS › Chapter 19A.05.03 - Review Procedures › Section 19A.05.03.02 - Commission Review of Board of Education Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Preliminary Review by Commission.
(1) A board of education may submit proposed
				new ethics regulations and amendments to the Commission for review prior to
				final adoption.
(2) The Commission
				may provide preliminary review and comment on proposed ethics regulations and
				amendments to a board of education.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 05 - BOARD OF EDUCATION ETHICS REGULATIONS › Chapter 19A.05.03 - Review Procedures › Section 19A.05.03.03 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission
				and its staff shall make reasonable efforts to assist a board of education in
				developing ethics regulations that reflect the intent of the Public Ethics Law
				and take account of local circumstances and needs in avoiding conflicts of
				interest within that jurisdiction.
B. Nonconformance Remedies.
(1) If the Commission determines that a board
				of education has not complied with and has not made good faith efforts toward
				compliance with the requirements of the Public Ethics Law, the Commission may
				issue a public notice:
(a) Concerning the
				failure of compliance by the board of education; and
(b) Listing the specific areas of
				noncompliance in the board of education's proposed or adopted ethics
				regulations.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 05 - BOARD OF EDUCATION ETHICS REGULATIONS › Chapter 19A.05.04 - Model Regulations › Section 19A.05.04.01 - Model Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
The model board of education ethics regulations in Appendices
				  A and B to this subtitle are established as alternative model provisions
				  developed by the Commission under General Provisions Article, §
									5-205, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 05 - BOARD OF EDUCATION ETHICS REGULATIONS › Chapter 19A.05.04 - Model Regulations › Section 19A.05.04.02 - Effect of Models

Current through Register Vol. 51, No. 14, July 12, 2024
A. Status.
(1) The model board of education ethics
				regulations in Appendices A and B to this subtitle are informational and
				examples only.
(2) The Commission
				shall determine whether a board of education's ethics regulations comply with
				the requirements of General Provisions Article, Title 5, Subtitle 8, Annotated
				Code of Maryland, based on the criteria and guidelines set forth in COMAR
				19A.05.02 and the Public Ethics Law.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 06 - BLIND TRUSTS › Chapter 19A.06.01 - General Provisions › Section 19A.06.01.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. State
				Government Article, §15-501, Annotated Code of Maryland, establishes
				nonparticipation requirements for employees and officials of the State when the
				official matter is one in which they have an interest or which involves as a
				party a business entity with which they have certain economic relationships.
				State Government Article, §15-502, prohibits these officials and employees from
				having a financial interest in an entity that is subject to their authority or
				that of an agency with which they are affiliated or that has or is negotiating
				a contract with the agency. Exception from the prohibitions of State Government
				Article, 15-501 and 15-502, Annotated Code of Maryland, is provided for persons
				under the authority of the State Ethics Commission pursuant to regulations of
				the Commission where it determines that there is no conflict or appearance of
				conflict, and where the exception would not be inconsistent with the purposes
				of the Law.
B. The purpose of this
				subtitle is to define the circumstances under which a certified blind trust or
				an excepted blind trust would be viewed by the Commission as meeting the
				statutory criteria for exception from these conflict of interest provisions. An
				underlying concept is that, in situations where a trust is created by an
				independent third party or there are diversified holdings in a trust created by
				a government official or employee, and where the official or employee does not
				know the identity of the financial interests and does not control these
				interests, then his or her official actions would not be influenced or appear
				to be influenced by private interests. Thus, the general public policy goal to
				be achieved through reliance on a blind trust is an actual "blindness" or lack
				of knowledge or control by the official or employee with respect to the
				interests held in trust.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 06 - BLIND TRUSTS › Chapter 19A.06.01 - General Provisions › Section 19A.06.01.02 - Applicability and Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				regulations in this subtitle apply to an individual serving as an official or
				employee in State government, as defined in §G of this regulation.
B. In addition to C-----H of this regulation,
				the definitions set forth in COMAR 19A.01.02.02C have the meanings indicated
				where they appear in this subtitle.
C. "Certified blind trust" means a blind
				trust arrangement for the management of interests held by an official or
				employee that is determined by the Commission to meet the criteria for
				certification under COMAR 19A.06.02.
D. "Excepted blind trust" means a trust that
				is determined by the Commission to qualify for exception pursuant to COMAR
				19A.06.02.05C.
E. "Holding"
				includes shares of stock or similar securities or interests.
F. "Interested party" means an official or
				employee covered by these regulations, and a member of the official's or
				employee's household as defined in COMAR 19A.01.01.02R.
G. "Official or employee" includes State
				employees, public officials, and State officials, except State officials in the
				Legislative and Judicial branches of State government.
H. "Trustee" includes a financial institution
				or other qualifying entity named in a trust instrument and also any officer,
				director, or employee of the institution or entity.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 06 - BLIND TRUSTS › Chapter 19A.06.01 - General Provisions › Section 19A.06.01.03 - Effect of Blind Trust Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. An interest is not viewed as held by an
				official or employee for purposes of General Provisions Article, Title 5,
				Annotated Code of Maryland, if
(1) The the
				interest of the official or employee is included in a certified blind trust as
				set forth in this subtitle
(2) The
				interest is held in a trust determined by the Commission to be an excepted
				blind trust pursuant to COMAR 19A.06.02.05.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 06 - BLIND TRUSTS › Chapter 19A.06.02 - Criteria for Certification › Section 19A.06.02.01 - Substantive Requirements for Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. A trust that complies with the appropriate
				procedural requirements of COMAR 19A.06.03, and that meets the substantive
				requirements set forth in Regulations .02-----.04 of this chapter, may be
				certified by the Commission as a blind trust for purposes of COMAR
				19A.06.01.03R.
B. A blind trust
				arrangement by an official or employee will be considered for certification
				only if in connection with the submission the official or employee certifies
				that:
(1) All of the official's or employee's
				holdings at the time the trust is established will be subject to the trust
				unless otherwise specifically approved by the Commission; and
(2) No new holdings will be purchased
				directly by the official or employee except as expressly approved by the
				Commission.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 06 - BLIND TRUSTS › Chapter 19A.06.02 - Criteria for Certification › Section 19A.06.02.02 - Nature of Assets

Current through Register Vol. 51, No. 14, July 12, 2024
A. A trust shall
				be certified only if the holdings transferred to it by the official or employee
				meet the requirements of §B of this regulation.
B. A trust shall be:
(1) Well diversified.
(a) In evaluating the diversification of a
				portfolio the Commission shall consider whether the assets are sufficiently
				diversified to support a conclusion of blindness and lack of appearance of
				conflict.
(b) In making the
				determination the Commission shall consider the:
(i) Number of holdings;
(ii) Share of the portfolio in any particular
				holding or industry;
(iii) Value of
				each holding; and
(iv) Percentage
				of ownership in the entity the official's or employee's holding
				represents.
(c) The
				Commission may not approve a portfolio for establishment of a blind trust whose
				assets exceed $350,000, when more than 20 percent of the trust value is held in
				a single security, or more than 30 percent is held in a single industry or
				economic sector, unless these particular holdings present no conflict of
				interest when the trust is created. The Commission may consider a lesser degree
				of diversification when smaller trusts make these percentages impractical and
				when the total circumstances warrant a finding of diversification.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 06 - BLIND TRUSTS › Chapter 19A.06.02 - Criteria for Certification › Section 19A.06.02.03 - Qualification of the Trustee

Current through Register Vol. 51, No. 14, July 12, 2024
A. For
				a trust to qualify for certification the trustee shall be independent of and
				unassociated with the official or employee in both reality and
				appearance.
B. The trustee:
(1) Shall be a financial institution or an
				ongoing organization that is generally actively involved in trust management
				activities;
(2) May not have
				managerial employees or persons having duties relating to the trust that are
				partners, joint venturers, employee/consultants or otherwise engaged in
				business ventures with any interested party;
(3) May not have an employee that is a
				spouse, parent, child, brother, or sister of any interested party;
(4) May not have any current accounts, loans,
				or other financial transactions with any interested party;
(5) During the period of the existence of the
				trust, may not make any institutional political contributions to the official
				or employee, or have any managerial employee or individual having duties
				relating to the trust actively involved with any political campaign of any
				interested party;
(6) May not be
				subject in any significant way to the ongoing regulatory or contractual
				authority or control of the official or employee, if the official's or
				employee's ongoing functions are regulatory or contractual; and
(7) Shall comply, initially and as a
				continuing matter, with the procedural requirements set forth in COMAR
				19A.06.03.