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advisoryo.1981.01.htm 81.01. OPINION NO. 81-1. An official of the Natural Resources Police, Department of Natural Resources (DNR) has requested advice from the Commission on two issues: 1) whether a Natural Resources policeman may be a co-mortgagor on a boat used for oyster harvesting; and 2) whether a Natural Resources policeman may patrol an oyster bed leased by his adult son.This request arises out of circumstances that have been investigated and reviewed in detail by DNR, involving two actions tak
advisoryo.1981.02.htm 81.02. OPINION NO. 81-2. The State Department of Assessments and Taxation (DAT) has requested an opinion as to whether the agency may hire a new employee who is a relative of a current employee.This request is presented by the Personnel Office in DAT, consistent with a Bulletin (NS #113) issued by the Department of Personnel (DOP) providing guidance to State agencies regarding the hiring of relatives of employees to serve in the same office as current employees. The Bulletin states the pol
advisoryo.1981.03.htm 81.03. OPINION NO. 81-3. A retired employee (the Requestor) who was carried on the State payroll in calendar year 1980 only to use up his annual leave has inquired as to whether he must file a financial disclosure statement for calendar year 1979 as required by §4-102 of the Maryland Public Ethics Law (Article 40A, §4-102, Annotated Code of Maryland, the Ethics Law)The Requestor is a retired employee of the Department of Fiscal Services. He retired from State service with an official term
advisoryo.1981.04.htm 81.04. OPINION NO. 81-4. The State Ethics Commission has received several requests from Physicians (as well as a few Ph. D. personnel) at Springfield State Hospital (the Requestors) concerning the application to them of the financial disclosure provisions of the Maryland Public Ethics Law (Article 40A, §1-201(z) and 4-102, Annotated Code of Maryland, the Ethics Law)Section 4-102 of the Ethics Law provides that each official (including public officials) holding office during a calendar yea
advisoryo.1981.05.htm 81.05. OPINION NO. 81-5. An advisory opinion has been requested as to whether a conflict of interest under the Maryland Public Ethics Law (Article 40A, Annotated Code of Maryland, the Ethics Law) results from the employment of the spouse of the Administrator of the Energy Administration (the Administrator) as the Office Manager of the Maryland Petroleum Association (MPA)The Energy Administration (the Administration) is a sub-unit of the Department of Natural Resources. The Administration has s
advisoryo.1981.06.htm 81.06. OPINION NO. 81-6. The Ethics Commission has been requested to provide an advisory opinion as to whether employees of the Data Center, Department of Public Safety and Correctional Services (DPSC) may accept transportation and related expenses from a large data processing firm to attend a seminar sponsored by the company. This request raises issues under §3-106 of the Maryland Public Ethics Law (Article 40A, §3-106, Annotated Code of Maryland, the Ethics Law) which relates to solicitation a
advisoryo.1981.07.htm 81.07. OPINION NO. 81-7. The Department of Budget and Fiscal Planning (the Department) has requested an opinion as to whether a Budget Planner (the Employee) in the office of the Secretary may engage in outside employment teaching at a community college subsidized in part by State funds.The Employee works in a small fiscal planning unit within the office of the Secretary of the Department. The Employee has responsibilities relating to the allocation of State aid to political subdivis
advisoryo.1981.08.htm 81.08. OPINION NO. 81-8. An opinion has been requested as to whether the Chief Medical Officer (the Requestor) of the Supreme Bench of Baltimore City is required to submit a financial disclosure statement under Title 4 of the Maryland Public Ethics Law (Article 40A, Annotated Code of Maryland, the Ethics Law) or whether he may be exempted from the requirement.As the Chief Medical Officer for the Supreme Bench of Baltimore City, the Requestor is an employee of the judicial branch of
advisoryo.1981.09.htm 81.09. OPINION NO. 81-9. The State Ethics Commission has received a request from the Community Development Administration (CDA) concerning whether it may make loan awards to local government officials associated with the housing rehabilitation program who wish to rehabilitate investment property.The Maryland Housing Rehabilitation Program (an operating program within CDA) makes loans to limited income owners of residential property and commercial property owners in community areas, who have s
advisoryo.1981.10.htm 81.10. OPINION NO. 81-10. An assistant higher education officer (the Officer) at the Community College of Baltimore has requested advice from the State Ethics Commission on two issues. Both issues relate to whether he must file a financial disclosure statement under section 4-102 of the Public Ethics Law (Article 40A, §4-102, Annotated Code of Maryland, the Ethics Law) First, the Officer asks whether the Community College of Baltimore (CCB) is an executive agency of the S
advisoryo.1981.11.htm 81.11. OPINION NO. 81-11. An employee (the Employee) at a Community College (the College) has requested advice as to whether she must file a financial disclosure statement under section 4-102 of the Public Ethics Law (Article 40A, §4-102, Annotated Code of Maryland, the Ethics Law)This Employee occupies a secretarial position at the College; the position is a College grade 16 and has a base pay of $13,254 and a maximum of $18,389. There are also three longevity increases availa
advisoryo.1981.12.htm 81.12. OPINION NO. 81-12. A registrant has requested State Ethics Commission advice on two matters concerning the lobbyist provisions of the Maryland Public Ethics Law (Article 40A, Title 5, Annotated Code of Maryland, the Ethics Law.The first matter has to do with whether the individual (the Registrant) must register as a lobbyist on behalf of a trade association (the Association) if he represents it only as part of his duties as an executive of a member entity (the Member) The
advisoryo.1981.13.htm 81.13. OPINION NO. 81-13. The State Ethics Commission has received an inquiry from the Division of Corrections (DOC) through the Chief Counsel of the Department of Public Safety and Correctional Services (DPSC) as to whether DOC correctional officers may engage in part-time outside employment as security guards for an entity operating a correctional facility under contract to DOC.The Baltimore City Community Adult Rehabilitation Center (CARC) is established and operated pursuant
advisoryo.1981.14.htm 81.14. OPINION NO. 81-14. An individual (the Requestor) has inquired of the State Ethics Commission as to whether he may serve on the Judicial Compensation Commission (the Commission) if his widowed mother is a beneficiary of one-half of her husband's judicial pension, the amount of which is impacted by recommendations of the Commission.The Requestor is a practicing attorney who has been appointed and qualified as a member of the newly created Judicial Compensation Commission. The Com
advisoryo.1981.15.htm 81.15. OPINION NO. 81-15. The State Ethics Commission has received a request for an opinion as to whether a former employee of the Department of State Planning (the Requestor) may assist a private consulting firm on a contract with a local entity funded by a grant in which she was involved as a State employee.The Requestor is a former employee of the Department of State Planning. She was responsible for administration of the School Planning Assistance Program, through which grant f
advisoryo.1981.16.htm 81.16. OPINION NO. 81-16. The Personnel Director in the Office of the Comptroller has requested an opinion as to whether an employee in the Office (the Employee) may accept payment of travel, meals and lodging in return for his participation as a speaker at a conference sponsored by a private commercial entity (the Firm)The Employee works as a Data Security Officer for the Comptroller's Data Processing Division. The Firm provides maintenance and upkeep services for a software computer securit
advisoryo.1981.17.htm 81.17. OPINION NO. 81-17. An advisory opinion has been requested as to whether a conflict of interest results under the Maryland Public Ethics Law (Article 40A, Annotated Code of Maryland, the Ethics Law) when the architectural firm of a member of the State Planning Commission (the Member) enters a contract with the Department of General Services (DGS) for the design of a State multi-service center.The State Planning Commission (the Planning Commission) is an advisory boar
advisoryo.1981.18.htm 81.18. OPINION NO. 81-18. An Ethics Commission opinion has been requested as to whether a conflict of interest is presented by the continued membership on the Bank Regulations Board of a person who serves as the Vice President of a Savings and Loan Association.This request is presented by the Secretary of Licensing and Regulation (DLR) on behalf of a member (the Member) of the Bank Regulations Board (the Board) The Member, who is a CPA who fills the position on the Board required t
advisoryo.1981.19.htm 81.19. OPINION NO. 81-19. The Secretary of the Department of Economic and Community Development (DECD) has requested an opinion as to whether he may accept a gift from an entity doing business with his agency, given in recognition of his participation as a speaker at a conference sponsored by the entity. He also inquired as to whether and how such a gift should be reported on his financial disclosure statement.The Secretary participated as a speaker at the 1981 "Business Outlook Confe
advisoryo.1981.20.htm 81.20. OPINION NO. 81-20. An opinion has been requested from the State Ethics Commission concerning the State financial disclosure requirements that apply to an individual (the Requestor) serving as attorney to the Board of Trustees of a Community College (the Board)The Requestor indicates that he is in private practice and provides legal services to the Board on a retainer basis. The Board by continuing resolution has determined that it will call on him for legal services when required
advisoryo.1981.21.htm 81.21. OPINION NO. 81-21. An opinion has been requested from the Commission concerning the application of the exemption language of §3-103(a) of the Public Ethics Law (Article 40A, Annotated Code of Maryland, the Ethics Law) to potential appointees of the Health Services Cost Review Commission. 032;The Health Services Cost Review Commission (HSCRC) is established in Article 43, §568H to 568Z, Annotated Code of Maryland. Section 568J, which deals with the membership of the HSCRC, calls for a seve
advisoryo.1981.22.htm 81.22. OPINION NO. 81-22. An opinion has been requested from the State Ethics Commission as to how a lobbyist (the Requestor) should report expenses related to the cost of publications encouraging persons to communicate with State employees or officials regarding their official actions. Disclosure of this information is required on lobbyist activity reports by §5-105(a)2)iv) of the Public Ethics Law (Article 40A, Annotated Code of Maryland, the Ethics Law)The Requestor is a regist
advisoryo.1981.23.htm 81.23. OPINION NO. 81-23. An Opinion has been requested from the Commission as to whether the Deputy Commissioner of Insurance may accept travel expenses from industry groups related to his agency (the Insurance Division, Department of Licensing and Regulation) in connection with his attendance at seminars and participation in panel discussions at the groups' annual conventions.The Requestor here is the Deputy Insurance Commissioner. He indicates that he has been requested to
advisoryo.1981.24.htm 81.24. OPINION NO. 81-24. An opinion has been requested from the Department of General Services (DGS) concerning whether State employees may be purchasers of State surplus property under regulations currently being developed by the Department.This request is submitted by the Director of the Office of Central Services in DGS (the Director) His office is preparing revised regulations for disposal of State surplus personal property. The regulations establish several different procedures for
advisoryo.1981.25.htm 81.25. OPINION NO. 81-25. The Commission has been requested to provide advice as to whether a State employee (the Requestor) participating in his official capacity in a private profit-making seminar, may direct the sponsor to make a donation to a State fund, in lieu of payment to him for his services.The Requestor is employed in the Attorney General's Office, assigned to provide legal services to the Maryland Environmental Service (MES) Through a series of circumstances in
advisoryo.1981.26.htm 81.26. OPINION NO. 81-26. An opinion has been requested concerning whether a public official submitting a financial disclosure statement pursuant to Title 4 of the Public Ethics Law (Article 40A, Annotated Code of Maryland, the Ethics Law) must disclose property held in a foreign county. The Requestor here is a University of Maryland professor who has submitted a financial disclosure statement in accordance with §4-102 of the Ethics Law. He indicates that he owns property
advisoryo.1981.27.htm 81.27. OPINION NO. 81-27. A registered lobbyist for an employee organization (the Requestor) has requested the Commission to interpret the application of the lobbying provisions of the Public Ethics Law (Article 40A, Title 5, Annotated Code of Maryland, the Ethics Law) to certain activities planned by it in collaboration with several other entities.The Requestor indicated that several associations (the American Federation of Teachers, the Fraternal Order of Police, Maryla
advisoryo.1981.28.htm 81.28. OPINION NO. 81-28. A request has been received from the Administrator of the Motor Vehicle Administration (MVA) for advice as to whether an investigator for the MVA may own and operate a private detective business.This request is submitted by the Administrator on behalf of an MVA field agent (the Agent) who proposes to establish a private detective agency, specializing primarily in domestic relations cases. MVA field agents are assigned to various local offices to carry out investigat
advisoryo.1981.29.htm 81.29. OPINION NO. 81-29. An opinion has been requested from a Register of Wills (the Register) as to whether he may continue to conduct personal (and private) bank business with a local bank that is a depository of his office's funds. The Register inquires in particular as to application to him of Commission Opinion No. 80-14, which involved similar facts pertaining to another Register of Wills. He indicates that he owns stock (49 shares) in a local bank (the Bank) which
advisoryo.1981.30.htm 81.30. OPINION NO. 81-30. An advisory opinion has been requested from the Division of Corrections (DOC) as to whether nurses employed by DOC may be employed by private nursing employment agencies to provide part-time services to DOC facilities during their off-duty hours.This request is submitted by the Administrator of Health Services for DOC (the Administrator) who is responsible for negotiating contracts on behalf of DOC with private employment agencies that provide nurses to the agency on
advisoryo.1981.31.htm 81.31. OPINION NO. 81-31. An opinion has been requested from the State Aviation Administration (SAA) concerning whether courtesy air transportation may be accepted by agency personnel in connection with their provision of briefings on Baltimore-Washington International Airport (BWI) at airline reservation centers.This request is presented by the Administrator of the SAA. He states that in connection with SAA's efforts to encourage expanded use of BWI Airport, passenger service personne
advisoryo.1981.32.htm 81.32. OPINION NO. 81-32. An Opinion has been requested from the Administrator of the Division of State Documents concerning whether he may accept an honorarium for his services as a speaker at the Legislative Reference Services Conference (the Conference) sponsored by the Western Council of Libraries.The Division of State Documents (DSD) is a division in the Office of the Secretary of State. It is responsible for publication of the Maryland Register and the compilation, pu
advisoryo.1981.33.htm 81.33. OPINION NO. 81-33. An advisory opinion has been requested as to whether an employee of the Maryland Training and Employment Office (the Requestor) may engage in outside employment with an out-of-state firm that is engaged in training activities on the same subject and under the same Federal law as his State responsibilities.The Requestor is an official in the Training and Employment Office in the Department of Human Resources. He is involved in Maryland's efforts administ
advisoryo.1981.34.htm 81.34. OPINION NO. 81-34. An opinion has been requested from the Department of Natural Resources as to whether foresters with the Maryland Forest and Park Services (the Forest Service) may participate in a Tree Farm Inspector Awards program sponsored by the American Forest Institute.This request is presented by the Personnel Officer for the Department of Natural Resources, on behalf of the Maryland State Forester. It involves an inspector award program sponsored by the American F
advisoryo.1981.35.htm 81.35. OPINION NO. 81-35. The attorney for the Prince George's County Board of License Commissioners (the Board) has requested an opinion as to whether the Board is an executive agency subject to the Public Ethics Law (Article 40A, Annotated Code of Maryland, the Ethics Law) and, if so, whether a member of the Board may hold an interest in a District of Columbia business entity that sells alcoholic beverages at retail. 032; 032;This request is presented on behalf of a Board mem
advisoryo.1981.36.htm 81.36. OPINION NO. 81-36. The Superintendent of the Maryland State Police (the State Police) has requested an advisory opinion as to whether a Captain in the State Police may engage in outside employment as an instructor for a course being conducted by the International Association of Chiefs of Police (IACP) in Albany, New York.This request is submitted by the Superintendent on behalf of a State Police Captain who is Commander of the Force's Motor Vehicle Division (the Captai
advisoryo.1981.37.htm 81.37. OPINION NO. 81-37. The Executive Director (the Director) of the Maryland Arts Council (the Council) has requested an advisory opinion concerning the extent to which he or other Council staff may participate in any Council grant or other supported activity which may involve their relatives.The Maryland Arts Council is established pursuant to Article 41, § 396 et seq. Annotated Code of Maryland. It is a part of the Department of Economic and Community Development (DECD) and its general r
advisoryo.1981.38.htm 81.38. OPINION NO. 81-38. An opinion has been requested as to whether an employee of Bethlehem Steel Corporation (Bethlehem) may be appointed to the State Use Industries Advisory Committee if his private employer occasionally sells steel to State Use Industries (SUI)An employee (the Appointee) in the Purchasing Department of Bethlehem has been recommended for appointment to the SUI Advisory Committee. SUI is a component agency of the Department of Public Safety and Correctional Services
advisoryo.1981.39.htm 81.39. OPINION NO. 81-39. The State Ethics Commission has been requested to provide advice as to whether the Director of the Optometric Center of Maryland (the Appointee) may serve as a member of the Maryland Board of Examiners in Optometry (the Board) if his private employer develops and offers continuing education courses that are approved by the Board.The Appointee is an optometrist who has been nominated to serve on the Maryland Board of Examiners in Optometry. He fills one
advisoryo.1981.40.htm 81.40. OPINION NO. 81-40. An opinion has been requested as to whether an employee of the Department of Health and Mental Hygiene may lease office space to the Maryland Veterans Commission.The Requestor here is a therapist for the Holly Center, a facility of the Department of Health and Mental Hygiene (DHMH) She is a resident of Crisfield, Maryland and owns an office building there. She operates a private business (unrelated to her DHMH job or to this request) in one of the two office
advisoryo.1981.41.htm 81.41. OPINION NO. 81-41. An advisory opinion has been requested concerning whether a social work clinician for the Cecil County Department of Social Services (the Employee) may engage in outside employment as a social work consultant for a local nursing home.This opinion is requested on behalf of the Employee by an Assistant Attorney General in the Department of Human Resources (DHR) The Employee specializes in human growth and development and clinical therapy, and has a Master's
advisoryo.1981.42.htm 81.42. OPINION NO. 81-42. A request has been received from a private attorney (the Attorney) for advice as to whether he may be employed part-time at the University of Maryland School of Law to teach an "Attorney General Clinic, and also serve as a lobbyist for a private client.The Attorney, in addition to his private practice, teaches a law course that is a clinic program offered in cooperation with the Consumer Protection Division of the Attorney General's Office (CPD) By
advisoryo.1981.43.htm 81.43. OPINION NO. 81-43. An opinion has been requested from a professor at the University of Maryland concerning whether professors at the University may attend a seminar sponsored and fully funded by an entity doing business with the University.The Chairman of the accounting faculty at the University of Maryland's College Park campus has requested advice concerning whether members of his Department may attend an accounting seminar offered by the firm of Coopers & Lybrand, Certified Public A
advisoryo.1981.44.htm 81.44. OPINION NO. 81-44. An opinion has been requested from a former State employee concerning whether he, as an employee in the Community Development Administration (CDA) was permitted to provide private consulting services to a potential CDA applicant based on a referral from his supervisor.This request was forwarded to the Commission on behalf of the former employee (the Employee) by an Assistant Attorney General in the Department of Economic and Community Development (DECD) The request
advisoryo.1981.45.htm 81.45. OPINION NO. 81-45. An opinion has been requested concerning whether a dentist in a County Health Department may operate a part-time private practice.The Requestor is a Dentist III serving as the Director of Dental Health at a County Health Department, which is a State entity within the Local Health Administration of the Department of Health and Mental Hygiene (DHMH) He indicates that a substantial part of his job is the direction and coordination of the county's clinica
advisoryo.1981.46.htm 81.46. OPINION NO. 81-46. An opinion request has been received concerning whether employees of a regional health center (the Center) and the Department of Health and Mental Hygiene (DHMH) may accept air transportation and a meal from a potential contractor with their agency.This request is presented by the Assistant Director of the Center. The Service Master Corporation (SMC) is a service maintenance organization with its corporate headquarters in Chicago. The Assistant Director indicates that h
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