Section 15-501 - Restrictions on participation. - Maryland Statutes

§ 15-501. Restrictions on participation.
 

(a)  In general.- Except as otherwise provided in subsection (c) of this section, an official or employee may not participate in a matter if: 

(1) the official or employee or a qualifying relative of the official or employee has an interest in the matter and the official or employee knows of the interest; or 

(2) any of the following is a party to the matter: 

(i) a business entity in which the official or employee has a direct financial interest of which the official or employee reasonably may be expected to know; 

(ii) a business entity, including a limited liability company or a limited liability partnership, of which any of the following is an officer, director, trustee, partner, or employee: 

1. the official or employee; or 

2. if known to the official or employee, a qualifying relative of the official or employee; 

(iii) a business entity with which any of the following has applied for a position, is negotiating employment, or has arranged prospective employment: 

1. the official or employee; or 

2. if known to the official or employee, a qualifying relative of the official or employee; 

(iv) if the contract reasonably could be expected to result in a conflict between the private interest and the official State duties of the official or employee, a business entity that is a party to a contract with: 

1. the official or employee; or 

2. if known to the official or employee, a qualifying relative of the official or employee; 

(v) a business entity, either engaged in a transaction with the State or subject to regulation by the official's or employee's governmental unit, in which a direct financial interest is owned by another business entity if the official or employee: 

1. has a direct financial interest in the other business entity; and 

2. reasonably may be expected to know of both financial interests; or 

(vi) a business entity that: 

1. the official or employee knows is a creditor or obligee of the official or employee, or of a qualifying relative of the official or employee, with respect to a thing of economic value; and 

2. as a creditor or obligee, is in a position to affect directly and substantially the interest of the official, employee, or qualifying relative. 

(b)  Exceptions.-  

(1) The prohibitions of subsection (a) of this section do not apply if participation is allowed: 

(i) as to officials and employees subject to the authority of the Ethics Commission, by regulation of the Ethics Commission; 

(ii) by the opinion of an advisory body; or 

(iii) by another provision of this subtitle. 

(2) This section does not prohibit participation by an official or employee that is limited to the exercise of an administrative or ministerial duty that does not affect the disposition or decision with respect to the matter involved. 

(c)  Participation notwithstanding conflict.- An official or employee who otherwise would be disqualified from participation under subsection (a) of this section shall disclose the nature and circumstances of the conflict, and may participate or act, if: 

(1) the disqualification would leave a body with less than a quorum capable of acting; 

(2) the disqualified official or employee is required by law to act; or 

(3) the disqualified official or employee is the only individual authorized to act. 
 

[An. Code 1957, art. 40A, § 3-101; 1995, ch. 533, § 2; ch. 552; 1999, ch. 302.]