Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 05 - BOARD OF EDUCATION ETHICS REGULATIONS › Appendix B - Model Board of Education Ethics Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
CHAPTER ____ - ETHICS PROVISIONS
Section 1. Applicability and definitions.
(a) This chapter applies to members of the Board of Education,
				candidates to be members of the Board of Education, school officials, and
				employees of the [______] County school system.
(b)  In this chapter,
				the following terms have the meanings indicated.
(1) "Designated second home" means:
(i) If an individual owns one second home, the individual's
				second home; or
(ii) 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.
(2) "Gift":
(i) Means the transfer of anything of economic value regardless
				of form without adequate and lawful consideration; and
(ii) Does not include a contribution as defined in Election
				Law Article, Annotated Code Maryland.
(2-1) "Home address" means the address of an individual's:
(i) Principal home; and
(ii) Designated second home, if any.
( 3) "Official" includes a member of the Board of Education, an
				employee of the school system or Board of Education, and the Superintendent.
(4) "Principal home" means the sole residential property that
				an individual occupies as the individual's primary residence, whether owned or
				rented by the individual.
(5) "Second home" means a residential property that:
(i) An individual occupies for some portion of the filing year;
				and
(ii) Is not a rental property or a time share.
Section 2. Ethics panel.
(a) There is a [______] County School System Ethics Panel that
				consists of ____ members appointed by the Chairman of the Board of Education
				with the concurrence of the other members of the Board.
(b) The Ethics Panel shall:
(1) Devise, receive, and maintain all forms required by this
				chapter;
(2) Provide advisory opinions to persons subject to this
				chapter regarding the applicability of these provisions to them;
(3) Process and make determinations regarding complaints
				alleging violations of this chapter;
( 4) Refer findings regarding complaints and other enforcement
				matters to the Board of Education for action; and
(5) Conduct an information program regarding the purposes and
				application of this chapter.
Section 3. Conflicts of interest.
(a) In this section, "qualified relative" means a spouse,
				parent, child, or sibling.
(b) Participation.
(1) Except as permitted by Board of Education regulation or in
				the exercise of an administrative or ministerial duty that does not affect the
				disposition or decision in the matter, an official may not participate in:
(i) Any matter in which, to the knowledge of the official, the
				official or a qualified relative of the official has an interest; or
(ii) Any matter in which any of the following is a party:
(A) A business entity in which the official has a direct
				financial interest of which the official may reasonably be expected to know;
(B) A business entity for which the official or a qualified
				relative of the official is an officer, director, trustee, partner, or
				employee;
(C) A business entity with which the official or, to the
				knowledge of the official, a qualified relative of the official is negotiating
				or has any arrangement concerning prospective employment;
(D) A business entity that is a party to an existing contract
				with the school official or which, to the knowledge of the official, a
				qualified relative of the official, if the contract reasonably could be
				expected to result in a conflict between the private interests of the official
				and the school system or Board of Education duties of the official;
(E) An entity, doing business with the Board of Education or
				school system, in which a direct financial interest is owned by another entity
				in which the official has a direct financial interest, if the official may be
				reasonably expected to know of both direct financial interests; or
(F) A business entity that:
1. The official knows is a creditor or obligee of the official
				or a qualified relative of the official with respect to a thing of economic
				value; and
2. As a creditor or obligee, is in a position to directly and
				substantially affect the interest of the official or qualified relative of the
				official.
(2) An official who is disqualified from participating under
				paragraph (1) of this subsection shall disclose the nature and circumstances of
				the conflict and may participate or act if:
(i) The disqualification leaves a body with less than a quorum
				capable of acting;
(ii) The disqualified official is required by law to act; or
(iii) The disqualified official is the only person authorized
				to act.
(3) A former regulated lobbyist who is or becomes subject to
				this chapter as an employee or official, other than a member of the Board, may
				not participate in a case, contract, or other specific matter as an employee or
				official, other than a member of the Board, for one calendar year after the
				termination of the registration of the former regulated lobbyist if the former
				regulated lobbyist previously assisted or represented another party for
				compensation in the matter.
(c) Employment and financial interests.
(1) Except as permitted by regulation of the Board of
				Education when the interest is disclosed or when the employment does not create
				a conflict of interest or appearance of conflict, an official may not:
(i) Be employed by or have a financial interest in an entity
				that is:
(A) Subject to the authority of the school system or Board of
				Education; or
(B) Negotiating or has entered a contract with the school
				system or Board of Education; or
(ii) Hold any other employment relationship that would impair
				the impartiality or independence of judgment of the official.
(2) This prohibition does not apply to:
(i) An official whose 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, as permitted in accordance with
				regulations adopted by the Board of Education; or
(ii) Subject to other provisions of regulation and law, a
				member of the Board of Education in regard to a financial interest or
				employment held at the time of the oath of office, if the financial interest or
				employment:
[For an appointed board] (A) Was publicly disclosed to the
				appointing authority and the Panel at the time of appointment; or
[For an elected board] (B) Was disclosed on the financial
				disclosure statement filed with the certificate of candidacy to be a candidate
				to be a member of the Board.
(d) Post-employment. A former official may not assist or
				represent any party other than the Board of Education or school system for
				compensation in a case, contract, or other specific matter involving the Board
				of Education or the school system if that matter is one in which the former
				official significantly participated as an official.
(e) Contingent compensation. Except in a judicial or
				quasi-judicial proceeding, an official may not assist or represent a party for
				contingent compensation in any matter before or involving the Board of
				Education or the school system.
(f) Use of prestige of office.
(1) (i) An official may not intentionally use the prestige of
				office or public position:
(A) For the private gain of that official or the private gain
				of another; or
(B) To influence, except as part of the official duties of the
				official or as a usual and customary constituent service by a member of the
				Board without additional compensation, the award of a state or local contract
				to a specific person.
(ii) An official may not directly or indirectly initiate a
				solicitation for a person to retain the compensated services of a particular
				regulated lobbyist or lobbying firm.
(2) This subsection does not prohibit the performance of usual
				and customary constituent services by a member of the Board of Education
				without additional compensation.
(3) (i) An official, other than a member of the Board, may not
				use public resources or the title of the official to solicit a contribution as
				that term is defined in the Election Law Article.
(ii) A member of the Board may not use public resources to
				solicit a contribution as that term is defined in the Election Law
				Article.
(g) Gifts.
(1) An official may not solicit any gift.
(2) An official may not directly solicit or facilitate the
				solicitation of a gift, on behalf of another person, from an individual
				lobbyist.
(3) An official may not knowingly accept a gift, directly or
				indirectly, from a person that the official knows or has reason to know:
(i) Is doing business with or seeking to do business with the
				school system or Board unit with which the official is affiliated;
(ii) Is subject to the authority of the school system or Board
				of Education;
(iii) Is a regulated lobbyist with respect to matters within
				the jurisdiction of the official; or
(iv) Has financial interests that may be substantially and
				materially affected, in a manner distinguishable from the public generally, by
				the performance or nonperformance of the school system duties of the official.
(4) (i) This paragraph does not apply to a gift:
(A) That would tend to impair the impartiality and
				independence of judgment of the official receiving the gift;
(B) Of significant value that would give the appearance of
				impairing the impartiality and independent judgment of the official; or
(C) Of significant value that the recipient official believes
				or has reason to believe is designed to impair the impartiality and independent
				judgment of the official.
(ii) Notwithstanding paragraph (3) of this subsection, an
				official may accept:
(A) Meals and beverages consumed in the presence of the donor
				or sponsoring entity;
(B) Ceremonial gifts or awards that have insignificant
				monetary value;
(C) Unsolicited gifts of nominal value that do not exceed $20
				in cost or trivial items of informational value;
(D) Reasonable expenses for food, travel, lodging, and
				scheduled entertainment of the official at a meeting which is given in return
				for the participation of the official in a panel or speaking engagement at the
				meeting;
(E) Gifts of tickets or free admission extended to members of
				the Board of Education to attend a charitable, cultural, or political event, if
				the purpose of the gift or admission is a courtesy or ceremony extended to the
				Board of Education;
(F) A specific gift or class of gifts which the Panel exempts
				from the operation of this subsection upon a finding, in writing, that
				acceptance of the gift or class of gifts would not be detrimental to the
				impartial conduct of the business of the school system or Board of Education
				and that the gift is purely personal and private in nature;
(G) Gifts from a person related by blood or marriage, or any
				other individual who is a member of the household of the official; or
(H) An honorarium for speaking to or participating in a
				meeting, provided that the offering of the honorarium is in no way related to
				the school system or Board position of the official.
(h) Disclosure of confidential information. Other than in the
				discharge of his official duties, an official may not disclose or use
				confidential information that the official acquired by reason of the official's
				public position and that is not available to the public for the economic
				benefit of the official or the economic benefit of another person.
Section 4. Financial disclosure - members of the Board of
				Education and candidates to be members of the Board of Education.
(a) This section applies to all members of the Board of
				Education and candidates to be members of the Board of Education.
(b) Except as provided in subsection (d) of this section, a
				member of the Board or candidate to be a member of the Board shall file the
				financial disclosure statement required under this subsection:
(1) On a form provided by the Panel;
(2) Under oath or affirmation; and
(3) With the Panel or the office designated by the Panel.
(c) Deadlines for filing statements.
(1) An incumbent official shall file a financial disclosure
				statement annually no later than April 30 of each year for the preceding
				calendar year.
(2) An official who is appointed to fill a vacancy in an
				office for which a financial disclosure statement is required and who has not
				already filed a financial disclosure statement shall file a statement for the
				preceding calendar year within 30 days after appointment.
(3) (i) An individual who, other than by reason of death,
				leaves an office for which a statement is required shall file a statement
				within 60 days after leaving the office.
(ii) The statement shall cover:
(A) The calendar year immediately preceding the year in which
				the individual left office, unless a statement covering that year has already
				been filed by the individual; and
(B) The portion of the current calendar year during which the
				individual held the office.
(d) Candidates to be members of the Board of Education.
(1) Except for an official who has filed a financial
				disclosure statement under another provision of this section for the reporting
				period, a candidate to be a member of the Board of Education shall file a
				financial disclosure statement each year beginning with the year in which the
				certificate of candidacy is filed through the year of the election.
(2) A candidate to be a member of the Board of Education shall
				file a statement required under this section:
(i) In the year the certificate of candidacy is filed, no
				later than the filing of the certificate of candidacy;
(ii) In the year of the election, on or before the earlier of
				April 30 or the last day for the withdrawal of candidacy; and
(iii) In all other years for which a statement is required, on
				or before April 30.
(3) A candidate to be a member of the Board of Education:
(i) May file the statement required under § 6(d)(2)(i) of this
				chapter with the Board of Election Supervisors with the certificate of
				candidacy or with the Panel prior to filing the certificate of candidacy; and
(ii) Shall file the statements required under § 6(d)(2)(ii)
				and (iii) of this chapter with the Panel or the office designated by the Panel.
(4) If a statement required to be filed by a candidate is
				overdue and not filed -within 8 days after written notice of the failure to
				file is provided by the Board of Election Supervisors, the candidate is deemed
				to have withdrawn the candidacy.
(5) The Board of Election Supervisors may not accept any
				certificate of candidacy unless a statement required under this section has
				been filed in proper form.
(6) Within 30 days of the receipt of a statement required
				under this section, the Board of Election Supervisors shall forward the
				statement to the Panel, or the office designated by the Panel.
(d) Public record.
(1) The Panel or office designated by the Panel shall maintain
				all financial disclosure statements filed under this section.
(2) The Panel or office designated by the Panel or Board shall
				make financial disclosure statements available during normal office hours, for
				examination and copying by the public subject to reasonable fees and
				administrative procedures established by the Panel or the Board.
(3) If an individual examines or copies a financial disclosure
				statement, the Panel or the office designated by the Panel shall record:
(i) The name and home address of the individual reviewing or
				copying the statement; and
(ii) The name of the person whose financial disclosure
				statement was examined or copied.
(4) Upon request by the individual whose financial disclosure
				statement was examined or copied, the Panel or the office designated by the
				Panel shall provide the individual with a copy of the name and home address of
				the person who reviewed the individual's financial disclosure statement.
(5) For statements filed after January 1, 2019, the Panel or
				the office designated by the Panel may not provide public access to an
				individual's home address that the individual has designated as the
				individual's home address.
(e) Retention requirements. The Panel or the office designated
				by the Panel shall retain financial disclosure statements for four years from
				the date of receipt.
(f) Contents of statement.
(1) Interests in real property.
(i) A statement filed under this section shall include a
				schedule of all interests in real property wherever located.
(ii) For each interest in real property, the schedule shall
				include:
(A) The nature of the property and the location by street
				address, mailing address, or legal description of the property;
(B) The nature and extent of the interest held, including any
				conditions and encumbrances on the interest;
(C) The date when, the manner in which, and the identity of
				the person from whom the interest was acquired;
(D) The nature and amount of the consideration given in
				exchange for the interest or, if acquired other than by purchase, the fair
				market value of the interest at the time acquired;
(E) If any interest was transferred, in whole or in part, at
				any time during the reporting period, a description of the interest
				transferred, the nature and amount of the consideration received for the
				interest, and the identity of the person to whom the interest was transferred;
				and
(F) The identity of any other person with an interest in the
				property.
(2) Interests in corporations and partnerships.
(i) A statement filed under this section shall include a
				schedule of all interests in any corporation, partnership, limited liability
				partnership, or limited liability corporation, regardless of whether the
				corporation or partnership does business with the school system or Board of
				Education.
(ii) For each interest reported under this paragraph, the
				schedule shall include:
(A) The name and address of the principal office of the
				corporation, partnership, limited liability partnership, or limited liability
				corporation;
(B) The nature and amount of the interest held, including any
				conditions and encumbrances on the interest;
(C) With respect to any interest transferred, in whole or in
				part, at any time during the reporting period, a description of the interest
				transferred, the nature and amount of the consideration received for the
				interest, and, if known, the identity of the person to whom the interest was
				transferred; and
(D) With respect to any interest acquired during the reporting
				period:
1. The date when, the manner in which, and the identity of the
				person from whom the interest was acquired; and
2. The nature and the amount of the consideration given in
				exchange for the interest or, if acquired other than by purchase, the fair
				market value of the interest at the time acquired.
(iii) An individual may satisfy the requirement to report the
				amount of the interest held under item (ii)(B) of this paragraph by reporting,
				instead of a dollar amount:
(A) For an equity interest in a corporation, the number of
				shares held and, unless the corporation's stock is publicly traded, the
				percentage of equity interest held; or
(B) For an equity interest in a partnership, the percentage of
				equity interest held.
(3) Interests in business entities doing business with the
				school system or Board of Education.
(i) A statement filed under this section shall include a
				schedule of all interests in any business entity that does business with the
				school system or Board of Education, other than interests reported under
				paragraph (2) of this subsection.
(ii) For each interest reported under this paragraph, the
				schedule shall include:
(A) The name and address of the principal office of the
				business entity;
(B) The nature and amount of the interest held, including any
				conditions to and encumbrances on the interest;
(C) With respect to any interest transferred, in whole or in
				part, at any time during the reporting period, a description of the interest
				transferred, the nature and amount of the consideration received in exchange
				for the interest, and, if known, the identity of the person to whom the
				interest was transferred; and
(D) With respect to any interest acquired during the reporting
				period:
1. The date when, the manner in which, and the identity of the
				person from whom the interest was acquired; and
2. The nature and the amount of the consideration given in
				exchange for the interest or, if acquired other than by purchase, the fair
				market value of the interest at the time acquired.
(4) Gifts.
(i) A statement filed under this section shall include a
				schedule of each gift in excess of $20 in value or a series of gifts totaling
				$100 or more received during the reporting period from or on behalf of,
				directly or indirectly, any one person who does business with the school system
				or Board of Education.
(ii) For each gift reported, the schedule shall include:
(A) A description of the nature and value of the gift; and
(B) The identity of the person from whom, or on behalf of
				whom, directly or indirectly, the gift was received.
(5) Employment with or interests in entities doing business
				with the school system or Board of Education.
(i) A statement filed under this section shall include a
				schedule of all offices, directorships, and salaried employment by the
				individual or member of the immediate family of the individual held at any time
				during the reporting period with entities doing business with the school system
				or Board of Education.
(ii) For each position reported under this paragraph, the
				schedule shall include:
(A) The name and address of the principal office of the
				business entity;
(B) The title and nature of the office, directorship, or
				salaried employment held and the date it commenced; and
(C) The name of each school system or Board unit with which
				the entity is involved.
(6) Indebtedness to entities doing business with or regulated
				by the individual's school system unit or department.
(i) A statement filed under this section shall include a
				schedule of all liabilities, excluding retail credit accounts, to persons doing
				business with or regulated by the individual's school system unit or department
				owed at any time during the reporting period:
(A) By the individual; or
(B) By a member of the immediate family of the individual if
				the individual was involved in the transaction giving rise to the liability.
(ii) For each liability reported under this paragraph, the
				schedule shall include:
(A) The identity of the person to whom the liability was owed
				and the date the liability was incurred;
(B) The amount of the liability owed as of the end of the
				reporting period;
(C) The terms of payment of the liability and the extent to
				which the principal amount of the liability was increased or reduced during the
				year; and
(D) The security given, if any, for the liability.
(7) Employment with the school system or Board of Education. A
				statement filed under this section shall include a schedule of the immediate
				family members of the individual employed by the school system or Board of
				Education in any capacity at any time during the reporting period.
(8) Sources of earned income.
(i) A statement filed under this section shall include a
				schedule of the name and address of each place of employment and of each
				business entity of which the individual or a member of the individual's
				immediate family was a sole or partial owner and from which the individual or
				member of the individual's immediate family received earned income at any time
				during the reporting period.
(ii) A minor child's employment or business ownership need not
				be disclosed if the school system or Board of Education does not regulate,
				exercise authority over, or contract with the place of employment or business
				entity of the minor child.
(iii) For a statement filed on or after January 1, 2019, if the
				individual's spouse is a lobbyist regulated by the Board, the individual shall
				disclose the entity that has engaged the spouse for lobbying purposes.
(9) A statement filed under this section may also include a
				schedule of additional interests or information that the individual making the
				statement wishes to disclose.
(g) For the purposes of § 6(g)(1), (2), and (3) of this
				chapter, the following interests are considered to be the interests of the
				individual making the statement:
(1) An interest held by a member of the individual's immediate
				family, if the interest was, at any time during the reporting period, directly
				or indirectly controlled by the individual.
(2) An interest held by a business entity in which the
				individual held a 30% or greater interest at any time during the reporting
				period.
(3) An interest held by a trust or an estate in which, at any
				time during the reporting period:
(i) The individual held a reversionary interest or was a
				beneficiary; or
(ii) If a revocable trust, the individual was a settlor.
(h) (1) The Panel shall review the financial disclosure
				statements submitted under this section for compliance with the provisions of
				this section and shall notify an individual submitting the statement of any
				omissions or deficiencies.
(2) The Panel or Board of Education may take appropriate
				enforcement action to ensure compliance with this section.
Section 5. Financial disclosure - Employees and appointed
				officials.
(a) This section only applies to the following appointed
				officials and employees.
(list of appointed official titles and employee titles)
(b) A statement filed under this section shall be filed with
				the Panel or office designated by the Panel under oath or affirmation.
(c) On or before April 30 of each year during which an
				official or employee holds office, an official or employee shall file a
				statement disclosing gifts received during the preceding calendar year from any
				person that contracts with or is under the authority of the Board of Education
				or the school system, including the name of the donor of the gift and the
				approximate retail value at the time of receipt.
(d) An official or employee shall disclose employment and
				interest that raise conflicts of interest or potential conflicts of interest in
				connection with a specific proposed action by the employee or official
				sufficiently in advance of the action to provide adequate disclosure to the
				public.
(e) The Panel or office designated by the Panel shall maintain
				all disclosure statements filed under this section as public records available
				for public inspection and copying as provided in § 4(e) and (f) of this
				chapter.
Section 6. Lobbying.
(a) A person shall file a lobbying registration statement with
				the Panel or office designated by the Panel if the person:
(1) Personally appears before any school official or employee
				with the intent to influence that person in performance of the official duties
				of the official or employee; and
(2) In connection with the intent to influence, expends or
				reasonably expects to expend in a given calendar year in excess of $[____] on
				food, entertainment, or other gifts for officials and employees of the Board of
				Education or school system.
(b) A person shall file a registration statement required
				under this section on or before the later of January 15 of the calendar year or
				within five days after first performing an act that requires registration in
				the calendar year.
(c) (1) The registration statement shall identify:
(i) The registrant;
(ii) Any other person on whose behalf the registrant acts; and
(iii) The subject matter on which the registrant proposes to
				make appearances specified in subsection (a) of this section.
(2) The registration statement shall cover a defined
				registration period not to exceed one calendar year.
(d) Within 30 days after the end of a calendar year during
				which a person was registered under this section, the person shall file a
				report with the Panel or office designated by the Panel disclosing:
(1) The value, date, and nature of any food, entertainment, or
				other gift provided to a school official or employee; and
(2) If a gift or series of gifts to a single official or
				employee exceeds $[____] in value, the identity of the official or employee.
(e) The Panel or office designated by the Panel shall maintain
				the registrations and reports filed under this section as public records
				available for public inspection and copying.
Section 7. Exemptions and modifications.
The Ethics Panel or the Board of Education, as appropriate,
				may grant exemptions and modifications to the provisions of §§ 3 and 5 of this
				chapter to employees and appointed officials who are not members of the Board
				of Education when the Panel or Board of Education determines that application
				of those provisions is not required to preserve the purposes of this chapter
				and would:
(a) Constitute an unreasonable invasion of privacy; and
(b) Significantly reduce the availability of qualified persons
				for public service.
Section 8. Sanctions.
(a) An official who violates this chapter is subject to
				discipline, personnel action, or removal from office, as provided by law and
				consistent with procedures set forth in [______].
(b) A person who violates this chapter is subject to the
				provisions or sanctions in [______].
(c) A finding of a violation of this chapter by the Board is
				public information.
Authority: General Provisions Article, §§
										5-205 and
				  5-206 and Title 5,
				  Subtitle 8, Annotated Code of Maryland