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advisoryo.1980.01.htm 80.01. OPINION NO. 80-1. The Executive Director of the Governor's Commission on Law Enforcement and the Administration of Justice (LEAJ) has asked whether the conflict of interest provisions of the Maryland Public Ethics Law (Art. 40A, Md. Code Ann. will be violated by the employment of a former LEAJ staff member by a Maryland county in a position which is supported by funds requiring LEAJ approval. The request involves application of §3-103(b) of the Law, which prohibits a former State employee
advisoryo.1980.02.htm 80.02. OPINION NO. 80-2. A State employee has asked whether the Code of Ethics contained in Article 40A prohibits him from running for local elective office.Maryland, unlike many other states, does not have a little "Hatch Act" forbidding State employees to engage in political activity. Rather, Article 33, §28-1 (Md. Code Ann. specifically provides:Participation in politics or political campaigns and the free expression of political opinions by employees of this state or
advisoryo.1980.03.htm 80.03. OPINION NO. 80-3. A member (the Member) of the Maryland Industrial Development Financing Authority (MIDFA or the Authority) has asked whether it is a violation of the Maryland Public Ethics Law to continue serving on the Authority since an attorney whose practice involves the occasional representation of MIDFA applicants has recently joined the Member's law firm.MIDFA is established as part of the Department of Economic and Community Development (DECD) by §266J―266cc of Article 41 of t
advisoryo.1980.04.htm 80.04. OPINION NO. 80-4. An official of the Mental Hygiene Administration (MHA) of the Department of Health and Mental Hygiene (DHMH) has asked whether any provision of Title 3 of the Public Ethics Law (Md. Code Ann. Art. 49A) would prohibit his serving on the Board of Directors of a non-profit alcoholism project (the Project)In his letter to the Commission he states that as part of the Project's activities, it will attempt to seek and receive grants from a number of organi
advisoryo.1980.05.htm 80.05. OPINION NO. 80-5. The Port Administrator of the Maryland Port Administration (MPA) has asked whether service by an MPA employee (the Employee) on the Board of Directors of a private organization as a representative of MPA would violate the Maryland Public Ethics Law. This request involves §3-103(a) of the Law, which prohibits employment by a State employee by any entity under authority of, or having or negotiating a contract with his agency. The Commission finds that the situation present
advisoryo.1980.06.htm 80.06. OPINION NO. 80-6. The Director of the Mental Hygiene Administration (the Director) has requested the opinion of the State Ethics Commission as to the propriety of the Department of Health and Mental Hygiene entering into a contract with a private professional association of physicians (the Association) for the provision of somatic medical services to a State Medical Facility (the Facility) where the Superintendent of the Facility (the Superintendent) is a member oThis request arises out o
advisoryo.1980.07.htm 80.07. OPINION NO. 80-7. An official has requested our advice concerning whether it is permissible to accept an honorarium for providing editing services to a Federal agency regulating activities within the purview of the official's responsibilities. This request involves a consideration of §3-106(b)8) and 3-104 of the Maryland Public Ethics Law (Md. Code Ann. Art. 40A, the Law)The official is employed as an executive technical assistant by an executive agency responsible in p
advisoryo.1980.08.htm 80.08. OPINION NO. 80-8. An employee of the Department of Economic and Community Development (DECD) has asked whether he may accept an "honorarium" from a national organization (the Council) composed of representatives of industries, commercial establishments, and governmental units interested in the field of industrial development.The subject waived confidentiality. The Commission and the subject agreed that his personal appearance before the Commission The employee has been wit
advisoryo.1980.09.htm 80.09. OPINION NO. 80-9. The Board of Trustees of the Baltimore County Community Colleges (the Board) has requested the opinion of the State Ethics Commission concerning the propriety of its executing a contract on behalf of a community college (the College) which was negotiated in part by College officials who owned stock in the entity with which they were negotiating. This opinion is rendered under the Commission's authority in §2-104 of the Maryland Public Ethics Law (Md. Code Ann. Art. 40A,
advisoryo.1980.10.htm 80.10. OPINION NO. 80-10. An Executive Branch official has sought our advice concerning whether he and his spouse may permit a private entity to pay for their room and dinner expenses at a workshop where the entity has requested the official to participate in a panel discussion. This request involves a consideration of §3-106 of the Maryland Public Ethics Law (Md. Code Ann. Art. 40A, the Law)Section 3-106(a) of the Law sets out a strict rule that employees and officials may not solicit gift
advisoryo.1980.11.htm 80.11. OPINION NO. 80-11. A member of the State Roads Commission, who is consequently also an ex-officio member of the Maryland Transportation Commission, has asked us whether it is permissible for him to lease facilities to the Motor vehicle Administration, and several other agencies not connected with the Department of Transportation. This request involves our application of §3-103(a) of the Maryland Public Ethics Law (Md. Code Ann. Article 40A, the Law)The State Roads Commissio
advisoryo.1980.12.htm 80.12. OPINION NO. 80-12. An Employee in the Drug Abuse Administration (DAA) has requested an opinion on whether he may, as President of a private firm, enter into a lease agreement with the Maryland Department of General Services (DGS) for rental of commercial space in the State office building where his offices are located.The Employee is a Division Chief in the Drug Abuse Administration (part of the Department of Health and Mental Hygiene (DHMH) His office is located in
advisoryo.1980.13.htm 80.13. OPINION NO. 80-13. The Governor's appointments office has requested an opinion as to whether an individual may be nominated to serve as a public member of the Board of Well Drillers if he is the President of a private consulting firm that has contractual dealings with the Department of Natural Resources (DNR) and also with private well drillers.The Nominee is a geologist whose field of expertise is ground-water resources. He is the Department of Natural Resources reco
advisoryo.1980.14.htm 80.14. OPINION NO. 80-14. A Register of Wills (the Official) has requested our advice as to the propriety of continuing a predecessor's practice of depositing Office funds in a local bank in which the Official owns 12 of the 250,000 outstanding shares and conducts other account and loan business.The Official took office as Register of Wills in December, 1978 and has continued to deposit the Office's funds in the bank designated by the former Register of Wills as the Office's depository bank (
advisoryo.1980.15.htm 80.15. OPINION NO. 80-15. A prospective employee (the Requestor) of the State Highway Administration (SHA) as a right-of-way agent has requested our opinion as to whether he may, if employed by the SHA, engage in outside employment involving real estate management activities other than those for which a license is required.The requestor is currently privately employed by a real estate agency; he indicates he has fulfilled all the requirements for a private license in the real estate field. He st
advisoryo.1980.16.htm 80.16. OPINION NO. 80-16. The Commission has been requested to provide advice as to whether any provision of the Maryland Public Ethics Law (Md. Code Ann. Art. 40A, the Law) is violated by an individual as a result of his being employed as a lobbyist for a labor organization at the same time that he serves as a member of the Maryland Apprenticeship and Training Council (the Council)The Council member (the Member) is a lobbyist employee of a labor organization for which he serves a
advisoryo.1980.17.htm 80.17. OPINION NO. 80-17. An official (the Official) in the Investments Division of the State Retirement Systems (SRS) has requested our advice concerning the propriety of his spouse pursuing a career as a retail stockbroker, while he continues in his official capacity. The request involves the application of §3-101(a) 3-103(a) 3-104 and 3-107 of the Maryland Public Ethics Law. (Md. Code Ann. Art. 40A, the "Law.The Official is involved in the institutional sale and purchase of stock on
advisoryo.1980.18.htm 80.18. OPINION NO. 80-18. An employee in the Department of Natural Resources (DNR) has requested our opinion as to the propriety of his establishing a part-time business of wetland license and permit application assistance to private contractors and waterway property owners.The Employee indicated in his appearance before the Commission that he had been approached both by individual landowners and contractors acting on behalf of landowners, to provide license and permit preparation assistance rel
advisoryo.1980.19.htm 80.19. OPINION NO. 80-19. The Administrator of the Property Tax Assessment Appeals Board has requested advice of the Ethics Commission concerning the propriety of his owning commercial real property through a less than one-third interest in a partnership.The Property Tax Assessment Appeals Board (the Board) was established by Act of the Legislature in 1977 (Md. Code Ann. Art. 81, §248 et seq. The Board consists of 24 separate Appeals Boards, one for each county and Baltimore
advisoryo.1980.20.htm 80.20. OPINION NO. 80-20. The Maryland State Comptroller of the Treasury (the Comptroller) has inquired as to whether a conflict of interest is raised under the Public Ethics Law by a transaction involving the sale of property to Calvert County by a realty company of which he is a majority stockholder, where the transaction involved Federal funds processed through a State Executive Branch department. The Comptroller is, by virtue of his position, a member of the Board of
advisoryo.1980.21.htm 80.21. OPINION NO. 80-21. A Professor at a Community College (the Professor) has requested an advisory opinion as to the application to him of the financial disclosure provisions of the Maryland Public Ethics Law (Md. Code Ann. Art. 40A, Title 4, the Law)The Professor indicates that he is a full-time faculty member at the Community College, with the rank of Professor. He teaches a full 15 credit hour schedule in a science field which includes laboratory instruction, in both t
advisoryo.1980.22.htm 80.22. OPINION NO. 80-22. The State Ethics Commission has received a request from the Director of Legislative Reference (the Director) for advice as to whether he may engage in outside activity providing editorial and proof reading services to county governments in preparation of supplement and replacement volumes to the respective counties' Public Local Laws.The State Department of Legislative Reference (DLR) is responsible for providing drafting and other services with regard to b
advisoryo.1980.23.htm 80.23. OPINION NO. 80-23. A member of the House of Delegates (the Delegate) has requested an opinion from the Commission as to whether a partnership interest in a law firm is reportable on Schedule E of the financial disclosure statement required by Title 4 of Maryland Public Ethics Law (Md. Code Ann. Art. 40A, the Law) If such interest is reportable, the Delegate further inquired as to whether the requirements of Schedule E can be met by disclosure of income received by
advisoryo.1980.24.htm 80.24. OPINION NO. 80-24. An Official in the Office of the Attorney General has requested advice as to whether disclosure of a spouse's partnership interest in a law firm on Schedule E of the Financial Disclosure Statement is required by Title 4 of the Maryland Public Ethics Law (Md. Code. Ann. Art. 40A, the Law)The Official has disclosed the spouse's law firm interest on Schedule H, which requires, pursuant to §4-103(h) of the Law, the disclosure of the name and address of any busine
advisoryo.1980.25.htm 80.25. OPINION NO. 80-25. The Commission has been requested to provide advice as to whether a Program Director (the Requestor) in the Water Resources Administration may engage in outside employment designing water distribution systems and preparing water or sewage feasibility studies for private consultants under contract to developers.The Requestor is the Program Director of the Waterway Construction Program in the Water Resources Administration (WRA) Department of Natural Resources
advisoryo.1980.26.htm 80.26. OPINION NO. 80-26. A Public Health Engineer VI (the Requestor) in the Division of Labor and Industry, Department of Licensing and Regulation, has requested a waiver from the financial disclosure requirements of Title 4 of the Maryland Public Ethics Law (Md. Code Ann. Art. 40A, the Law)The Requestor is a regular full-time employee in a major division of a principal cabinet Department in State government. He indicates that he is in the State's graded pay system filling a position car
advisoryo.1980.27.htm 80.27. OPINION NO. 80-27. The Commission has received a request for advice as to whether an individual (the Requestor) may serve on the State Employment and Training Council (established under the Comprehensive Employment and Training Act (CETA) Amendments of 1978) if his private company has contractual dealings with a local CETA Sponsor.The Requestor was appointed by the Governor to the State Employment and Training Council (the Council) The Council was established by Executive Order
advisoryo.1980.28.htm 80.28. OPINION NO. 80-28. An opinion has been requested as to whether the Tri-County Council of Southern Maryland (the Council) is an executive agency and its members subject to the financial disclosure provisions of Title 4 of the Maryland Public Ethics Law. (Article 40A, Annotated Code of Maryland, the Ethics Law)1The Council is established in the public general laws of Maryland (Article 20, Annotated Code of Maryland) as a "tax exempt public body corporate and politic which operates as
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