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advisoryo.1985.01.htm 85.01. OPINION NO. 85-1. A clinical psychiatric nurse at the Regional Institute for Children and Adolescents in Rockville (RICA or the Institute) has requested an opinion as to whether she may accept as clients in a private practice either an individual who is a former patient of hers at RICA or an individual who is the parent of a former patient.The Requestor works at RICA as a nurse-therapist as part of a multi-disciplinary team that is supervised by a psychiatrist and also includes a social
advisoryo.1985.02.htm 85.02. OPINION NO. 85-2. An opinion has been requested as to whether a social worker in the Project HOME Program at the Baltimore County Department of Social Services (DSS) may have a private business providing social services within the community and general field in which he works.The Requestor is a case manager employed, for personnel purposes, by the Spring Grove Hospital (Department of Health and Mental Hygiene, DHMH)His position, however, has been loaned to the Department o
advisoryo.1985.03.htm 85.03. OPINION NO. 85-3. An opinion has been requested concerning whether the Public Ethics Law (Article 40A, Annotated Code of Maryland, the Ethics Law) would apply: 1) to prohibit a transaction where the buyer of a residential property wishes to use Community Development Administration (CDA) funding and one of the sellers is the Department of Economic and Community Development's (DECD) Assistant Secretary for Housing, or, 2) to prohibit a homeowner from participating in CDA's energy loan progr
advisoryo.1985.04.htm 85.04. OPINION NO. 85-4. An opinion has been requested concerning whether the Executive Director of the Subsequent Injury Fund (the Fund) may represent clients in a private law practice before the Workmen's Compensation Commission (the WCC or Commission)The Requestor served as the supervising attorney for the Subsequent Injury Fund when it was a part of the Workmen's Compensation Commission, and played a significant role in developing the legislation that established the Fun
advisoryo.1985.05.htm 85.05. OPINION NO. 85-5. An opinion has been requested as to whether the Public Ethics Law (Article 40A, Annotated Code of Maryland, the Ethics Law) prohibits service on the Kidney Disease Commission by two individuals who are employed by a Maryland health insurance carrier (the Company) where the Company is a Medicare intermediary that has contractual relationships with the Kidney Disease Program (KDP or the Program)This request is presented by the Kidney Disease Commission (through its Exe
advisoryo.1985.06.htm 85.06. OPINION NO. 85-6. The Department of Public Safety and Correctional Services (DPSC) has inquired as to whether a correctional classification counselor employed at a Maryland correctional facility (the Employee) may have a private business as a bail bondsman.This request was presented by the General Counsel of DPSC on behalf of the Department. The request involves an individual who works at the correctional facility (the Facility) as a classification counselor. Basically, the Emp
advisoryo.1985.07.htm 85.07. OPINION NO. 85-7. The Chairman of the Maryland Board of Examiners of Speech Pathologists (the Board) has requested advice as to whether a member of the Board may be employed as the Director of the State and Regulatory Policy Division of the American Speech and Hearing Association (ASHA or the Association)The Member is a speech pathologist who was appointed to the Board of Examiners for Speech Pathologists in 1982; her appointment expires in 1987. The Board is a unit within the
advisoryo.1985.08.htm 85.08. OPINION NO. 85-8. An opinion has been requested as to whether the §3-101 non-participation provisions of the Public Ethics Law (Article 40A, §3-101, Annotated Code of Maryland, the Ethics Law) would apply to the Clinical Director of a State health center (the Center) so significantly as to result as a practical matter in an Ethics Law bar to the Clinical Director's spouse's service as a contractual attorney to the facility.This inquiry is presented by an individual (the At
advisoryo.1985.09.htm 85.09. OPINION NO. 85-9. An inquiry has been presented by the Department of Health and Mental Hygiene (DHMH or the Department) concerning whether a former industrial hygienist at the Department may be a project director for his new employer on a contract in which his former agency is involved.The subject of this request (the former Employee) served as an industrial hygienist in the Division of Environmental Disease Control in DHMH's Office of Environmental Programs. Prior to January 1985 h
advisoryo.1985.10.htm 85.10. OPINION NO. 85-10. An opinion has been requested as to whether a dietitian at the Potomac Center (the Employee) may have outside employment as a dietitian with a private community care provider funded by her agency. The Employee is a registered dietitian who works for the Mental Retardation and Developmental Disabilities Administration (MRDDA) She is officially assigned to the Western Maryland Center, which provides satellite food services to the Potomac Center (th
advisoryo.1985.11.htm 85.11. OPINION NO. 85-11. An inquiry has been presented concerning whether a Department of Natural Resources (DNR or the Department) employee who does oyster bed lease surveys may be a surveyor subdividing leased oyster bottoms for an entity holding leases from DNR.This request is presented by an employee who is a Natural Resources Manager in DNR's Tidewater Administration. Generally, the Tidewater Administration's responsibilities include such duties as placing navigational aids, remov
advisoryo.1985.12.htm 85.12. OPINION NO. 85-12. A request has been presented concerning whether the professional association of a member of the Board of Examiners in Optometry (the Board) may, for compensation, lease office space to the Board for its practical examination. The Board is a licensing unit within the Department of Health and Mental Hygiene (DHMH) It is established pursuant to Article 43, §368-384, Annotated Code of Maryland, and has broad authority to establish and administer exam
advisoryo.1985.13.htm 85.13. OPINION NO. 85-13. A hearing examiner at the Public Service Commission (PSC) has requested an opinion as to whether he may serve as an elected member of the Baltimore County Council.The Public Service Commission is established in Article 78, Annotated Code of Maryland. It has regulatory authority over all public utilities and similar entities in the State. It has jurisdiction, for example, over gas and electric companies, telephone companies, radio common carriers, taxicab comp
advisoryo.1985.14.htm 85.14. OPINION NO. 85-14. The former Director of the Power Plant Siting Program (PPSP) has requested an opinion as to whether he may serve as program manager on a contract involving an acid rain deposition study between his new employer and the PPSP.The former Director is currently employed by Martin Marietta Environmental Systems (MMES) a private company that has an "integrator" contract with the Power Plant Siting Program. The PPSP is a unit within the Maryland Energy Administration, part of t
advisoryo.1985.15.htm 85.15. OPINION NO. 85-15. An opinion has been requested by an agronomist in the Turf and Seed Section in the Department of Agriculture concerning whether he may have a private lawn maintenance business.The Turf and Seed Section is a unit under the Department of Agriculture's (DAGR or the Department) Assistant Secretary for Plant Industry and Pest Management. It has the responsibility for implementing the Maryland Seed Law (Agriculture Article, §9-201 et seq. Annotated Code
advisoryo.1985.16.htm 85.16. OPINION NO. 85-16. An opinion has been requested concerning whether a social worker (the Requestor) affiliated with the Circuit Court and a county Department of Social Services (DSS) may have space-sharing or other arrangements with a therapist who is seeing a client referred from and funded by the DSS.This request was presented by an employee of the Howard County Circuit Court, as a result of issues raised by a Services Supervisor in the Howard County DSS. The Requestor is
advisoryo.1985.17.htm 85.17. OPINION NO. 85-17. The Department of Human Resources (DHR or the Department) has presented an inquiry as to whether the Assistant Director of Training and Staff Development for the Income Maintenance Administration (IMA) may teach a course at a community college that is part of an IMA training program developed and monitored by her office. The Department is also concerned about whether these kinds of teaching activities could be undertaken by local public assistanc
advisoryo.1985.18.htm 85.18. OPINION NO. 85-18. An opinion has been requested concerning whether four management employees of the Maryland State Lottery (the Lottery) may continue a private consulting business to provide advisory consulting services to other states that are starting up lotteries, as well as to other entities involved in the lottery business.This request involves the Lottery's Deputy Director for Marketing (the Deputy Director) and three other Lottery employees who are supervised by him. T
advisoryo.1985.19.htm 85.19. OPINION NO. 85-19. The Department of Health and Mental Hygiene (DHMH or the Department) has requested an opinion concerning whether an individual (the Member) may be a member of the State Board of Morticians (the Board) while also serving as an officer in the Maryland State Funeral Directors Association. The Member was appointed in the Spring of 1985 to fill the unexpired term of an individual who had resigned from the Board. He is the owner of a Maryland funeral h
advisoryo.1985.20.htm 85.20. OPINION NO. 85-20. An opinion request has been presented concerning whether a psychologist (the Employee) at Rosewood Center may be employed by a private consulting organization that provides services to providers of care funded by the Mental Retardation and Developmental Disabilities Administration (MRDDA) a unit within the Department of Health and Mental Hygiene.The Employee is a staff psychologist at the Rosewood Center (Rosewood or the Center) a residential facility for the mentally
advisoryo.1985.21.htm 85.21. OPINION NO. 85-21. The Department of Human Resources has inquired as to whether a Home Care Aide (the Employee) in a local Department of Social Services may have outside employment with Home Call, Inc. a private vendor of home care services to the agency.The Employee works as a homemaker aide in the Adult Services Division of the Montgomery County Department of Social Services (MCDSS) which is a local unit of the Department of Human Resources (DHR or the Department) The home
advisoryo.1985.22.htm 85.22. OPINION NO. 85-22. An inquiry has been presented as to whether a rehabilitation counselor (the Employee) in a regional office of the Division of Vocational Rehabilitation (DVR) may engage in certain private rehabilitation consulting activities.This request was presented by the Director of Field Operations, Division of Vocational Rehabilitation, and it concerns one of the agency's 124 rehabilitation counselors. The Division of Vocational Rehabilitation is part of th
advisoryo.1985.23.htm 85.23. OPINION NO. 85-23. An opinion has been requested as to whether a financial interest exception may be applied to the ownership of stock in two major oil companies by a Department of Natural Resources (DNR) Program Chief for Environmental Geology and Mineral Resources (the Employee)This request arises out of the general review of financial disclosure statements of Maryland State officials and employees filed with the Ethics Commission pursuant to Title 4 of the Public Ethics Law
advisoryo.1985.24.htm 85.24. OPINION NO. 85-24. Ethics Commission advice has been requested as to whether a prohibited conflict of interest would arise if the spouse of the President of a State college (the College) were to be the incorporator and operator of a non-profit corporation that would lease space from the College and otherwise interact with the College's Education Department in operating a child care center (the Center) Apparently the President's spouse is trained as an educator in e
advisoryo.1985.25.htm 85.25. OPINION NO. 85-25. An Opinion has been requested as to whether a conflict of interest would be created if the individual selected to fill the position of Chief Medical Examiner were also a member of the faculty of the University of Maryland Medical School (the Medical School or the University) The request is presented by the Secretary of the Department of Health and Mental Hygiene (the Department or DHMH) and has to do with the Department's efforts to recruit a new
advisoryo.1985.26.htm 85.26. OPINION NO. 85-26. An opinion has been requested concerning whether a Community College Associate Dean for Learning Resources (the Requestor) may serve on the Advisory Board of a library consortium network with which the College has a library services contract. The Requestor is responsible for the library at the College, her position description providing that the Associate Dean is responsible to "administer the programs of the Learning Resources Division and the t
advisoryo.1985.27.htm 85.27. OPINION NO. 85-27. A request has been presented concerning whether a correctional officer at Roxbury Correctional Facility (Roxbury) may market insurance as a union representative to colleagues at the facility. The individual (the Officer) is a Lieutenant, first line supervisory correctional officer at Roxbury. He has been with the facility for seven years and is the Lieutenant supervisory officer on the 11 p.m. to 7 a.m. shift, in charge of a particular housing unit during his shift.
advisoryo.1985.28.htm 85.28. OPINION NO. 85-28. The Executive Director of the Board of Examiners of Landscape Architects (the Board) has requested an advisory opinion as to whether a member of the Board may also be a teacher of landscape architecture at a local State University. The Board was established in 1971 pursuant to Article 56, §277 et seq. Annotated Code of Maryland. It has five members appointed by the Governor and its function is to administer examinations and license persons who wa
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