A.
Membership. The Commission shall consist of five members and one
alternate member appointed by the County Commissioners, with the advice
of the Ethics Commission, each of whom:
B.
The alternate member shall serve as a participating member of the
Commission and shall be eligible to vote when any member is unavailable
for any reason.
[Amended 9-26-2017 by Ord. No. 42-17]
C.
Terms. All members shall serve a term of three years. No more than
two terms shall commence in any one year. The alternate shall also
be appointed for a three-year term and shall sit as a voting member
when any member is unavailable for any reason. The alternate shall
be eligible for appointment to a vacant member position regardless
of the expiration of the alternate's term. A member or alternate shall
serve until a successor has been appointed.
[Amended 9-26-2017 by Ord. No. 42-17]
D.
Vacancies. If a vacancy occurs on the Commission, the Board of County
Commissioners, with the advice of the Ethics Commission, shall appoint
a qualified individual to serve the remainder of that term.
E.
Removal. A member or alternate may not be removed from office except
for good cause shown and upon notice and an opportunity to be heard
by the County Commissioners. The Commission may initiate a recommendation
for removal or comment on a recommendation.
A.
Public meeting. The Commission shall meet monthly. Commission meetings
are open to the public in accordance with the Maryland Open Meetings
Act, Maryland Annotated Code, State Government Article, § 10-501
et seq.
B.
Executive session. This section does not prohibit the Commission
from meeting and entering into executive sessions in accordance with
the Maryland Open Meetings Act, Maryland Annotated Code, State Government
Article, § 10-501 et seq. Executive sessions are not open
to the public.
C.
A quorum shall consist of three Commission members or two Commission
members and an alternate member.
D.
Voting. While the Commission strives to make decisions by consensus,
where a vote is required to pass upon any matter before the Commission,
a vote affirming the motion requires three or more votes in favor
of the motion, regardless of the number of members seated at any single
meeting.
E.
Records.
(1)
The Commission shall keep a formal record of its public proceedings.
(2)
The Commission shall keep a formal record of its executive sessions,
which shall remain confidential.
(3)
Evidence and determinations shall be retained by the Commission for
four years, then destroyed, except the Commission shall retain in
its archives evidence and determinations of violations and litigation
of matters that are still pending.
(4)
Written reports of investigations shall be maintained as confidential
records.
(5)
All findings of violations of this chapter are public findings.
The Commission shall be advised and represented by an attorney
of its choice.
A.
The Commission shall select its Chairman, Vice Chairman and Secretary
annually by majority vote.
B.
The Commission shall be the County's advisory authority responsible
for interpreting this chapter and advising persons as to its application.
C.
The Commission shall be responsible for considering and making a
determination on any complaint filed regarding an alleged violation
of this chapter. Allegations of violations and requests for advice
may initially be made verbally to be followed by written submission,
except where the Commission may act on its own accord upon information
presented to the Commission in an open meeting or during sworn testimony,
whereupon a written submission is not required.
D.
The Commission may adopt rules of procedure regarding its operations
in conformance with this chapter.
E.
The Commission shall be the custodian of all statements, registrations,
reports and complaints submitted in accordance with this chapter.
F.
The Commission shall be responsible for conducting informational,
educational and training programs regarding the purpose and implementation
of this chapter.
G.
The Commission is required to certify to the State Ethics Commission
on or before October 1 of each year that the County is in compliance
with the state requirements for local elected officials.
H.
A member shall recuse himself or herself from participation in a
specific complaint or issue if a personal interest presents a conflict
of interest or an appearance of a conflict of interest.
Persons covered by this code shall be required to take ethics
training, approved by the Commission, within one year of initial appointment
or employment and every two years thereafter.
A.
Any person may make a request to the Commission for an advisory opinion
concerning application of this chapter.
B.
The Commission shall respond within a reasonable time to the persons
governed by this chapter, provided that the requestor furnishes the
facts or they are reasonably available to the Commission.
C.
Copies of the responses shall be made available to the public, subject
to any applicable state or County law regarding access to public records.
Information which may identify the person who is the subject of the
opinion shall be deleted to the fullest extent possible from advisory
opinions.
A.
Any person may file a written, signed complaint with the Commission
alleging a violation of any of the provisions of this chapter. The
complaint shall set forth sufficient facts to support the alleged
violation.
B.
The Commission may initiate an alleged ethics violation inquiry if
four or more members of the Commission agree.
C.
The Commission:
(1)
Shall conduct an inquiry into the allegations of the complaint. As
a result of the inquiry:
(a)
May dismiss the complaint if it is deemed frivolous, lacks supporting
evidence support, is repetitive, the facts alleged do not indicate
a violation of this chapter or if the Commission believes that probable
cause of a violation of this chapter does not exist.
(b)
May appoint a member or members to conduct a formal investigation
into the allegations of the complaint, which may include investigative
interviews, and shall notify the respondent in writing of the allegations
to be investigated. If, after receiving an investigative report, the
Commission determines that there are insufficient facts upon which
to base a determination of a violation, it may dismiss the complaint.
(2)
May conduct hearings.
(a)
The Commission may conduct hearings. Hearings are not open to
the public.
(b)
The respondent may be represented by counsel and may present
evidence and witnesses.
(c)
All hearings are administrative hearings and are not subject
to the strict rules of evidence. Latitude is available to the Commission
in order to determine the true circumstances of the case and arrive
at appropriate conclusions. Testimony may be limited to reasonable
duration as determined by the Commission in its discretion. Unnecessarily
duplicative or repetitive evidence may be limited, as may too evidence
the Commission determines irrelevant.
D.
Where an investigation has been conducted by members of the Commission,
information shall be presented to the Commission as a whole by members
assigned aspects of an investigation.
E.
Participation in proceedings and oaths. In carrying out its duties
under this chapter, the Commission, after the issuance of a complaint,
has the power to:
F.
The Commission shall consider the totality of evidence in determining
whether a violation has occurred.
G.
Based upon the evidence submitted to the Commission, the Commission
has the authority to do one or more of the following:
(1)
Dismiss the complaint;
(2)
Issue a cease-and-desist order and/or a recommendation for corrective
action;
(3)
Issue a reprimand or censure;
(4)
Recommend disciplinary action; and
(5)
Make written findings of fact and conclusions based on the evidence.
The Commission shall send its written findings to the complainant
and the respondent. An ethics violation does not exist until a determination
of a violation is made by the Commission.
H.
Confidentiality.
(1)
Except as otherwise provided herein, any action taken by the Commission
in connection with a complaint shall be conducted by the Commission
and its members in a confidential manner.
(2)
Until a violation is determined, the Commission and its staff may
not disclose to the public any information about the complaint and
any proceedings involving it, including the identities of the complainant
and the respondent.
(3)
Notwithstanding the foregoing, the Commission may disclose information:
(a)
To inform the respondent of allegations to which a response
is required;
(b)
As necessary to conduct an inquiry, a formal investigation,
or a hearing;
(c)
If the respondent agrees in writing to the disclosure;
(d)
When recommending discipline or other action to the Board of
County Commissioners;
(e)
When making a referral to a prosecuting authority; or
(f)
When the circumstances surrounding the alleged violation are
already in the public domain and it serves the purpose of this chapter
to disclose its determination.
I.
Criminal activity. If the Commission, while considering a complaint,
finds that there are reasonable grounds to believe that the respondent
may have committed a criminal offense, the Commission shall promptly
refer the matter to an appropriate prosecuting authority. Once referred,
the Commission shall make available to the prosecuting authority evidence
or information under its control and shall take no further action
until the prosecuting authority has either:
J.
Right of appeal. A person that is the subject of a decision, order
or action by the Commission which has been made in connection with
the enforcement of any provision of this chapter may seek judicial
review of that decision in the Circuit Court of Calvert County in
the manner prescribed by § 7-201 et seq. of the Maryland
Rules of Procedure. No such appeal shall operate to stay any decision,
order or action, except as ordered by the Circuit Court upon posting
of a bond by the petitioner sufficient under the circumstances to
protect the County and its citizens pursuant to Maryland Rules of
Procedure §§ 7-205 and 1-401, which bond may not be
waived.
