A.
The County Commissioners of Caroline County shall
establish a County Ethics Commission, which shall be composed of five
members appointed by the County Commissioners.
B.
Initial appointments shall be as follows: two for
one-year terms, two for two-year terms, and the fifth for a three-year
term. Thereafter, all appointments shall be for three-year terms.
C.
The members shall not be entitled to Compensation
but shall be entitled to reimbursement for reasonable expenses.
D.
Maintenance of records; budget.
(1)
The Commission's files and records shall be maintained
by the Commission in a safe and prudent manner; provided that the
files and records shall at all times constitute files and records
of the County and that the Commission may direct the County Attorney
to maintain such files and records on behalf of the County and the
Commission.
(2)
The Commission, with the assistance of the County
Administrator, shall develop a budget and submit the same to the Board
of Estimates.
E.
Not more than three members of the Commission shall
be affiliated with the same political party.
F.
Except as may be authorized by the County Commissioners,
the Commission shall be advised and represented by the County Attorney;
provided, however, that the County Attorney shall be recused in any
matter in which the County Attorney may be a fact witness or any matter
in which a majority of the Commission members believe it appropriate
to utilize other legal counsel to advise the Commission to avoid a
conflict, of the appearance of a conflict, or Interest. The County
shall provide for the reasonable fees and expenses of such other counsel.
A.
The Commission shall:
(1)
Administer the provisions of this chapter;
(2)
Receive requests for and, in its discretion, render
advisory opinions regarding the application of the chapter to specific
situations and factual circumstances;
(3)
Initiate complaints upon a majority determination
of its members; receive complaints from others; and investigate, hold
hearings, and render decisions with respect to complaints regarding
alleged violations of this chapter; provided, however, that in the
event that a member of the Commission, on his or her own volition,
files a complaint without obtaining a majority concurrence for such
complaint by the Commission, such member shall be recused from participating
in the investigation, hearing, and determination of such complaint.
(4)
Provide notice of its meetings and take and maintain
written minutes of its meetings;
(5)
Keep all records and forms required under this chapter as required under § 33-3 of this chapter;
(6)
Prescribe and provide forms for reports, statements,
notices, complaints, and other documents required by this chapter;
(7)
Retain documents filed with the Commission for at
least four years after the date of their receipt;
(9)
Conduct public information and education programs
regarding the purpose and implementation of this chapter; and
B.
The Commission may adopt rules and regulations in
order to carry out the provisions of this chapter, including, but
not limited to:
(1)
The conduct of Commission meetings to consider requests
for advisory opinions and complaints;
(2)
Providing access to Commission records relating to
advisory opinions and complaints, subject to and in accordance with
state law; and
(3)
Public examination of certain filings, as provided
for in this chapter.
C.
Not later
than October 1 of each year, the Commission shall certify to the State
Ethics Commission that the County's Ethics Law is in compliance with
the requirements of the State Government Article, Title 15, Subtitle
5, of the Annotated Code of Maryland and COMAR 19a.01.03.
