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

Current through Register Vol. 51, No. 14, July 12, 2024
CHAPTER ____ - ETHICS PROVISIONS
Section 1. Short title.
This document may be cited as the [______] County Board of
				Education Ethics Regulations.
Section 2. Statement of purpose and policy.
(a) The Board of Education of [______] County, recognizing that
				our system of representative government is dependent in part upon the people
				maintaining the highest trust in their public officials and employees, finds
				and declares that the people have a right to be assured that the impartiality
				and independent judgment of public officials and employees will be
				maintained.
(b) It is evident that this confidence and trust is eroded
				when the conduct of public business is subject to improper influence and even
				the appearance of improper influence.
(c) For the purpose of guarding against improper influence, the
				[______] County Board of Education adopts these Ethics Regulations to require
				school officials and employees to disclose their financial affairs and to set
				minimum standards for their conduct of school system business.
(d) It is the intention of the Board that this chapter be
				liberally construed to accomplish this purpose.
Section 3. Definitions.
In these regulations, the following terms have the meanings
				indicated.
(a) "Board" or "Board of Education" means the Board of
				Education of [___________] County.
(b) (1) "Business entity" means a corporation, general or
				limited partnership, sole proprietorship, joint venture, unincorporated
				association or firm, institution, trust, foundation, or other organization,
				whether or not operated for profit.
(2) "Business entity" does not include a governmental entity.
(c) (1) "Compensation" means any money or thing of value,
				regardless of form, received or to be received by any individual covered by
				this chapter from an employer for service rendered.
(2) For the purposes of § 7 of this chapter, if lobbying is
				only a portion of a person's employment, "compensation" means a prorated amount
				based on the time devoted to lobbying compared to the time devoted to other
				employment duties.
(c-1) "Designated second home" means:
(1) If an individual owns one second home, the individual's
				second home; or
(2) 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.
(d) "Doing business with" means:
(1) Having or negotiating a contract that involves the
				commitment, either in a single or combination of transactions, of $_____ or
				more of school system funds;
(2) Being subject to the authority of the school system; or
				(3) Being registered as a lobbyist under § 7 of this chapter.
(e) (1) "Employee" means an employee of the Board or the school
				system. (2) "Employee" includes the Superintendent.
(f) "Financial interest" means:
(1) Ownership of any interest as the result of which the owner
				has received within the past 3 years or is presently receiving, or in the
				future is entitled to receive, more than $1,000 per year; or
(2) Ownership, or the ownership of securities of any kind
				representing or convertible into ownership, of more than 3 percent of a
				business entity by an official or the spouse of an official.
(g) (1) "Gift" means the transfer of anything of economic
				value, regardless of the form, without adequate and lawful
				consideration.
(2) "Gift" does not include contributions as defined in
				Election Law Article, Annotated Code of Maryland.
(g-1) "Home address" means the address of an
				individual's:
(1) Principal home; and
(2) Designated second home, if any.
(h) "Immediate family" means a spouse and dependent children.
(i) (1) "Interest" means a legal or equitable economic
				interest, whether or not subject to an encumbrance or a condition, that is
				owned or held, in whole or in part, jointly or severally, directly or
				indirectly.
(2) For purposes of § 6 of this chapter, "interest" includes
				any interest held at any time during the reporting period.
(3) "Interest" does not include:
(i) An interest held in the capacity of a personal agent,
				custodian, fiduciary, personal representative, or trustee, unless the holder
				has an equitable interest in the subject matter;
(ii) An interest in a time or demand deposit in a financial
				institution;
(iii) An interest in an insurance policy, endowment policy, or
				annuity contract under which an insurer promises to pay a fixed amount of money
				either in a lump sum or periodically for life or a specified period;
(iv) A common trust fund or a trust which forms part of a
				pension or profit sharing plan which has more than 25 participants and which
				has been determined by the Internal Revenue Service to be a qualified trust
				under the Internal Revenue Code;
(v) A college savings plan under the Internal Revenue Code; or
(vi) A mutual fund or exchange-traded fund that is publicly
				traded on a national scale unless the mutual fund or exchange-traded fund is
				composed primarily of holdings of stocks and interests in a specific sector or
				area that is regulated by the individual's governmental unit.
(j) "Lobbying" means:
(1) (i) Communicating in the presence of an official with the
				intent to influence any official action of that official; and
(ii) Spending over $_____ for food, entertainment, or other
				gifts during the calendar year in connection with the communication or intent
				to influence; or
(2) (i) Engaging in activities having the express purpose of
				soliciting others to communicate with an official with the intent to influence
				that official; and
(ii) Spending over $_____ in connection with the activities or
				intent to influence.
(k) "Lobbyist" means a person required to register and report
				expenses related to lobbying under § 7 of this chapter.
(l) "Member of the Board" means a member of the [_____] County
				Board of Education.
(m) "Official" includes a member of the school board, an
				employee of the school board or the school system, and the Superintendent.
(n) "Panel" means the [______] County School System Ethics
				Panel established under § 4(a) of this chapter.
(o) "Person" includes an individual or business entity.
(o-1) "Principal home" means the sole residential property that
				an individual occupies as the individual's primary residence, whether owned or
				rented by the individual.
(p) "Qualified relative" means a spouse, parent, child, or
				sibling.
(q) "School system" means the educational system under the
				authority of the [______] County Board of Education.
(r) "Second home" means a residential property that:
(1) An individual occupies for some portion of the filing year;
				and
(2) Is not a rental property or a time share.
Section 4. Administration.
(a) (1) 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.
(2) The Panel members shall serve ____ year overlapping
				terms.
(3) A Panel member may serve until a successor is appointed
				and qualifies.
(b) (1) The Panel shall elect a chairman from among its
				members.
(2) The term of the chairman is one year.
(3) The chairman may be reelected.
(c) (1) The Board of Education Attorney shall assist the Panel
				in carrying out its duties.
(2) If a conflict of interest under § 5 of this chapter or
				another conflict prevents the Board Attorney from assisting the Panel in a
				specific matter:
(i) The Panel shall identify other counsel to assist the Panel
				in the matter; and
(ii) The Board shall provide sufficient funds to hire counsel.
(d) The Panel is the advisory body responsible for interpreting
				this chapter and advising persons subject to this chapter regarding its
				application.
(e) The Panel shall implement a public information and
				education program regarding the purpose and implementation of this
				chapter.
(f) The Panel, assisted by the Superintendent or other
				official designated by the Board, shall be the custodian of all forms submitted
				by any person under this chapter.
(g) (1) Any official, employee or other person subject to this
				chapter may request an advisory opinion from the Panel concerning the
				application of this chapter.
(2) The Panel shall respond promptly to a request for an
				advisory opinion and shall provide interpretations of this chapter within 60
				days of the request based on the facts provided or reasonably available to the
				Panel.
(3) In accordance with applicable State laws regarding public
				records, the Panel shall publish or otherwise make available to the public
				copies of the advisory opinions with the identities of the subjects
				deleted.
(h) (1) Any person may file a complaint with the Panel
				alleging a violation of any of the provisions of this chapter.
(2) A complaint shall be in writing and under oath.
(3) The Panel may refer a complaint to the Board Attorney or
				other legal counsel, if appropriate, for investigation and review.
(4) If the Panel determines that there are insufficient facts
				upon which to base a determination of a violation, the Panel shall recommend to
				the Board of Education that the complaint be dismissed.
(5) If there is a reasonable basis for believing a violation
				has occurred, the subject of the complaint shall be given an opportunity for a
				hearing conducted by the Panel in accordance with the applicable Board of
				Education rules of procedure.
(6) (i) A respondent may propose a settlement or cure to the
				Panel before a hearing.
(ii) If the panel determines that the proposed settlement or
				cure is consistent with the purposes of this chapter, the Panel shall recommend
				that the Board accept the proposed settlement or cure.
(iii) If the Board concurs with the recommendation of the
				Panel, the Board shall accept the proposed settlement or cure.
(7) The Panel's findings of a violation resulting from the
				hearing shall include findings of fact and conclusions of law.
(8) The Panel shall report its findings and recommendations for
				action to the Board.
(9) If the Board concurs with the findings of a violation and
				recommendations of the Panel, the Board may take enforcement action as provided
				in § 8 of this chapter.
(10) The Board may dismiss a complaint:
(i) On the recommendation of the Panel; or
(ii) If the Board disagrees with a finding of a violation by
				the Panel.
(11) (i) After a complaint is filed and until a final
				determination by the Board, all actions regarding a complaint are confidential.
(ii) Concurrence by the Board with a finding of a violation by
				the Panel is public information.
Section 5. Prohibited conduct and interests.
(a) 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 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) The prohibitions of paragraph (1) of this subsection do not
				apply if participation is allowed by opinion of the Panel.
(4) 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.
(b) 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; or
				(B) Negotiating or has entered a contract with the school system or Board;
				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;
(ii) Subject to other provisions of regulation and law, a
				member of the Board 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; or
(iii) Employment or financial interests allowed by opinion of
				the Panel if the employment does not create a conflict of interest or the
				appearance of a conflict of interest or the financial interest is
				disclosed.
(c) 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
				or the school system if that matter is one in which the former official
				significantly participated as an official.
(d) 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.
(e) 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 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.
(f) 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;
(ii) Is subject to the authority of the school system;
(iii) Is a 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 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.
(g) Disclosure of confidential information. Other than in the
				discharge of 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 6. Financial disclosure.
(a) This section applies to all members of the Board, all
				candidates to be members of the Board, and the following employees:
List by Job Title
(b) Except as provided in subsection (d) of this section, a
				member of the Board, candidate to be a member of the Board, or employee 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.
(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 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 shall file a
				statement required under this section:
(i) In the year the certificate of candidacy is filed, no
				later that 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:
(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
				or Board.
(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 or Board.
(e) 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 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.
(f) Retention requirements. The Panel or the office designated
				by the Panel shall retain financial disclosure statements for four years from
				the date of receipt.
(g) 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.
(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.
(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, 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.
(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.
(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.
(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 as indicated by identifying one or more of the three
				categories of "doing business", as defined in § 3(d) of this chapter.
(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. 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 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 Board or school system 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.
(h) 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.
(i) (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 Board may take appropriate enforcement action to
				ensure compliance with this section.
Section 7. Lobbying.
(a) Except as provided in subsections (b) and (c) of this
				section, a person or entity who engages in lobbying as defined in § 3(j) of
				this chapter shall file a lobbying registration with the Panel or the office
				designated by the Panel or Board.
(b) The following activities are exempt from regulation under
				this section:
(1) Professional services in advising and rendering opinions
				to clients as to the construction and effect of proposed or pending Board
				actions when these services do not otherwise constitute lobbying;
(2) Appearances before the Board upon its specific invitation
				or request if the person or entity engages in no further or other activities in
				connection with the passage or defeat of Board actions;
(3) Appearances before an organizational unit of the school
				system upon the specific invitation or request of the unit if the person or
				entity engages in no further or other activities in connection with the passage
				or defeat of school system or Board action;
(4) Appearance as part of the official duties of a duly
				elected or appointed official or employee of the State or a political
				subdivision of the State, or of the United States, and not on behalf of any
				other entity;
(5) Actions of a publisher or working member of the press,
				radio, or television in the ordinary course of the business of disseminating
				news or making editorial comment to the general public who does not engage in
				further or other lobbying that would directly and specifically benefit the
				economic, business, or professional interests of the person or entity or the
				employer of the person or entity;
(6) Appearances by an individual before the Board at the
				specific invitation or request of a registered lobbyist if the person performs
				no other lobbying act and notifies the Board that the person or entity is
				testifying at the request of the lobbyist;
(7) Appearances by an individual before the Board or an
				organizational unit of the school system at the specific invitation or request
				of a registered lobbyist if the person or entity performs no other lobbying act
				and notifies the unit that the person or entity is testifying at the request of
				the lobbyist;
( 8) The representation of a bona fide religious organization
				solely for the purpose of protecting the right of its own members to practice
				the doctrine of the organization; and
(9) Appearance as part of the official duties of an officer,
				director, member, or employee of an association engaged exclusively in lobbying
				for counties and municipalities and not on behalf of any other entity.
(c) Limited exemption - employer of a lobbyist.
(1) A person or entity who employs one or more lobbyists and
				who would otherwise be required to register as a lobbyist is not required to
				file a registration and submit lobbying reports if the person or entity
				reasonably believes that all expenses incurred in connection with the lobbying
				activities will be reported by a properly registered person or entity acting on
				behalf of the person or entity.
(2) A person or entity exempted under this subsection becomes
				subject to this section immediately upon failure of the lobbyist to report any
				information required under this section.
(d) (1) The registration filed under this section shall be
				filed on or before the later of the beginning of the calendar year in which the
				person or entity expects to lobby and within five days of first engaging in
				lobbying activities in the calendar year.
(2) The registration filed under this section:
(i) Shall be dated and on a form developed by the Panel; and
(ii) Shall include:
(A) The lobbyist's full and legal name and permanent address;
(B) The name, address, and nature of business of any person or
				entity on whose behalf the lobbyist acts;
(C) The written authorization of any person or entity on whose
				behalf the lobbyist acts or an authorized officer or agent, who is not the
				lobbyist, of the person or entity on whose behalf the lobbyist acts;
(D) A statement of whether the person or entity on whose
				behalf the lobbyist acts is exempt from registration under subsection (c) of
				this section;
(E) The identification, by formal designation, if known, of
				matters on which the lobbyist expects to act;
(F) Identification of the period of time within a single
				calendar year during which the lobbyist is authorized to engage in these
				activities, unless terminated sooner; and
(G) The full legal signature of the lobbyist and, when
				appropriate, the person or entity on whose behalf the lobbyist acts or an agent
				or authorized officer of the person or entity on whose behalf the lobbyist
				acts.
(e) A lobbyist shall file a separate registration for each
				person or entity that has engaged or employed the lobbyist for lobbying
				purposes.
(f) A lobbyist may terminate the lobbyist's registration by
				providing written notice to the Panel and submitting all outstanding reports
				and registrations.
(g) A person or entity may not engage in lobbying activities
				on behalf of another person or entity for compensation that is contingent upon
				the passage or defeat of any action by the Board or the outcome of any school
				system action.
(h) Activity report.
(1) A lobbyist shall file with the Panel or the office
				designated by the Panel:
(i) By July 31, one report concerning the lobbyist's lobbying
				activities covering the period beginning January 1 through June 30; and
(ii) By January 31, one report covering the period beginning
				July 1 through December 31.
(2) A lobbyist shall file a separate activity report for each
				person or entity on whose behalf the lobbyist acts.
(3) If the lobbyist is not an individual, an authorized
				officer or agent of the entity shall sign the form.
(4) The report shall include:
(i) A complete and current statement of the information
				required to be supplied with the lobbyist's registration form.
(ii) Total expenditures on lobbying activities in each of the
				following categories:
(A) Total compensation paid to the lobbyist not including
				expenses reported under items (B)-(H) of this subparagraph;
(B) Office expenses of the lobbyist;
(C) Professional and technical research and assistance not
				reported in item (i) of this subparagraph;
(D) Publications which expressly encourage persons to
				communicate with officials;
(E) Names of witnesses, and the fees and expenses paid to each
				witness;
(F) Meals and beverages for officials;
(G) Reasonable expenses for food, lodging, and scheduled
				entertainment of officials for a meeting which is given in return for
				participation in a panel or speaking engagement at the meeting;
(H) Other gifts to or for officials or members of their
				immediate families; and
(I) Other expenses.
(i) Special gift report.
(1) (i) With the six-month activity report required under
				subsection (h) of this section, a lobbyist shall report, except for gifts
				reported in item (h)(ii)(G) of this section, gifts from the lobbyist with a
				cumulative value of $75 or more during the reporting period to an official or
				member of the immediate family of an official.
(ii) The lobbyist shall report gifts under this paragraph
				regardless of whether the gift was given in connection with lobbying
				activities.
(2) The report shall include the date, beneficiary, amount or
				value, and nature of the gift.
(j) Notification to official and confidentiality.
(1) If any report filed under this section contains the name
				of an official or a member of the official's immediate family, the Panel shall
				notify the official within 30 days.
(2) The Panel shall keep the report confidential for 60 days
				following receipt by the Panel.
(3) Within 30 days of the notice required under paragraph (1)
				of this subsection, the official may file a written exception to the inclusion
				in the report of the name of the official or the member of the official's
				immediate family.
(k) The Panel may require a lobbyist to submit other reports
				the Panel determines to be necessary.
(l) (1) The Panel or office designated by the Panel shall
				maintain all registrations and reports filed under this section for four years
				from the date of receipt by the Panel.
(2) The Panel shall make lobbying registrations and reports
				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.
(m) (1) The Panel shall review the registrations and reports
				filed under this section for compliance with this section and shall notify
				persons engaging in lobbying activities of any omissions or deficiencies.
(2) The Panel or the Board may take appropriate enforcement
				action to ensure compliance with this section.
(n) Annual report.
(1) The Panel shall compute and make available a subtotal
				under each of the ten required categories in subparagraph (h)(4)(ii) of this
				section.
(2) The Panel shall compute and make available the total
				amount reported by all lobbyists for their lobbying activities during the
				reporting period.
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 [______].
Authority: General Provisions Article, §§
										5-205 and
				  5-206 and Title 5,
				  Subtitle 8, Annotated Code of Maryland