Cecil County, MD Article VII Enforcement

§ 39-41 Authorized enforcement actions.

A. Upon finding a violation of any provisions of this chapter, the Commission may:

(1) Issue an order of compliance directing the respondent to cease and desist from the violation;

(2) Issue a reprimand;

(3) Recommend to the appropriate authority disciplinary or other personnel action, including censure, dismissal, suspension, and suspension of salary or other compensation of the respondent if that discipline is authorized by law; or

(4) Refer the matter to the State's Attorney's Office for criminal prosecution.

B. If the Commission finds that a respondent has violated Article VI of this chapter, the Commission may:

(1) Require a respondent who is a registered lobbyist to file any additional reports or information that reasonably related to the information that is required under Article VI of this chapter;

(2) Impose a fine not exceeding $5,000 for each violation; and

(3) Suspend the registration of an individual registered lobbyist if the Commission finds that the lobbyist has knowingly and willfully violated Article VI of this chapter or has been convicted of a criminal offense arising from lobbying activities.

§ 39-42 Injunctive or other relief.

Upon request of the Commission:

A. The County Attorney may file a petition for injunctive or other relief in the Circuit Court of Cecil County, or in any other court having proper venue for the purpose of requiring compliance with the provisions of this chapter.

B. The court may:

(1) Issue an order to cease and desist from the violation;

(2) Except as provided in Subsection C of this section, void an official action taken by an official or employee with a conflict of interest prohibited by this chapter when the action arises from or concerns the subject matter of the conflict and if the legal action is brought within 90 days of the occurrence of the official action, if the court deems voiding the action to be in the best interest of the public; or

(3) Impose a fine of up to $5,000 for any violation of the provisions of this chapter, with each day upon which the violation occurs constituting a separate offense.

C. A court may not void any official action appropriating public funds, levying taxes, or providing for the issuance of bonds, notes, or other evidences of public obligations.

§ 39-43 Lobbying violations.

A. Any person who knowingly and willfully violates the provisions of Article VI of this chapter is guilty of a misdemeanor and, upon conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than one year, or both.

B. If the person is a business entity and not a natural person, each officer and partner of the business entity who knowingly authorized or participated in the violation is guilty of a misdemeanor and, upon conviction, is subject to the same penalties as the business entity.

§ 39-44 Additional enforcement actions.

In addition to any other enforcement provisions in this chapter, a person who the Commission or a court finds has violated this chapter:

A. Is subject to termination or other disciplinary action; and

B. May be suspended from receiving payment of salary or other compensation pending full compliance with the terms of an order of the Commission or a court.

§ 39-45 Maintenance of records.

A. A person who is subject to the provisions of this chapter shall obtain and preserve all accounts, bills, receipts, books, papers, and documents necessary to complete and substantiate a report, statement, or record required under this chapter for three years from the date of filing the report, statement, or record.

B. These papers and documents shall be available for inspection upon request by the Commission or the County after reasonable notice.

§ 39-46 Falsifying filed statements.

In addition to the other violations set forth herein, it shall be a violation of this chapter to falsify any statement, complaint or document required to be filed by this chapter or under the rules of procedure adopted pursuant hereto.