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advisoryo.1982.01.htm 82.01. OPINION NO. 82-1. A request for an advisory opinion has been received concerning whether a Driver Improvement Advisor with the Motor Vehicle Administration (MVA) may engage in outside employment as a professional driving instructor.The subject of this request (the Employee) is employed at the MVA as a Driver Improvement Advisor. His job involves providing driver improvement counseling and conferences, primarily in a classroom setting, to currently licensed drivers referred to t
advisoryo.1982.02.htm 82.02. OPINION NO. 82-2. The Commission has received a request for advice as to whether a Legislative Analyst (the Requestor) in the Department of Legislative Reference (DLR) may serve on the Board of Directors of a private non-profit organization involved in work with the vocationally handicapped.The Requestor is a Legislative Analyst whose primary DLR responsibility is to serve as supervisor of bill drafting for the General Assembly. During the legislative interim he served as staff to the Wa
advisoryo.1982.03.htm 82.03. OPINION NO. 82-3. A request has been received concerning whether the Farm Supervisor for the 17th Century Plantation at St. Mary's City may bid as a private contractor on the 17th Century Inn now in the planning stages.This request is presented by an employee of the St. Mary's City Commission (the Employee) which was established in 1966 to develop and manage historic St. Mary's City. The program is being developed in accordance with a master plan prepared in 1970,
advisoryo.1982.04.htm 82.04. OPINION NO. 82-4. An opinion has been requested from a person (the Registrant) registered pursuant to the lobbyist disclosure provisions of the Public Ethics Law (Article 40A, Title 5, Annotated Code of Maryland, the Ethics Law) concerning whether expenditures 40A, Title 5, Annotated Code of Maryland, the Ethics Law) concerning whether expenditures incurred by a registrant's employer for the purpose of educating legislators in the general organization, needs and current technology of the
advisoryo.1982.05.htm 82.05. OPINION NO. 82-5. An Opinion has been requested concerning whether the Montgomery County Housing Opportunities Commission (HOC) is a State agency as contemplated by the Maryland Public Ethics Law (Article 40A, Annotated Code of Maryland, the Ethics Law)This request was submitted by Counsel to the HOC, who indicated that the agency is developing personnel materials and wishes to include an accurate reference to applicable ethics provisions, especially regarding post-employme
advisoryo.1982.06.htm 82.06. OPINION NO. 82-6. An opinion has been requested as to whether a member of the Board of Examiners of Pilots may accept the gift of a reception and boat trip from the Association of Maryland Pilots (the Association)The Requestor here is an attorney who is a consumer member of the Board of Examiners of Pilots (the Board) The Board by statute includes three members of the Association. There are presently 92 licensed pilots in Maryland, who have the responsibility of piloting vessels (suc
advisoryo.1982.07.htm 82.07. OPINION NO. 82-7. We have been requested to provide advice as to whether the Secretary of the Department of Natural Resources (DNR) may accept gifts of entertainment, lodging, etc. from persons regulated by his agency; and, if so, how such gifts must be reported.This request does not involve a particular fact situation about which specific information is known. Rather, the Secretary has described general situations about which he is concerned. They involve guidance regarding the prop
advisoryo.1982.08.htm 82.08. OPINION NO. 82-8. An employee in the Codes Administration Division of the Department of Economic and Community Development (DECD) has requested an opinion as to whether he may, through a private business, provide picture framing services to his agency.The Requestor is an employee of DECD's Codes Administration Division (the Division) which is responsible for administration of the industrial housing law relating to modular and mobile homes. The Division regulates approximat
advisoryo.1982.09.htm 82.09. OPINION NO. 82-9. An advisory opinion has been requested concerning whether a bank examiner (the Employee) in the office of the State Bank Commissioner may provide consultant accounting services to a State credit union subject to his examination.The Employee works as a bank examiner in the Division of Financial Regulation of the Department of Licensing and Regulation. His job involves conducting examinations of financial institutions, including credit unions, to dete
advisoryo.1982.10.htm 82.10. OPINION NO. 82-10. An opinion has been requested from a Grants Administrator in the Department of Public Safety and Correctional Services (DPSC) concerning whether a tax firm partially owned by him may offer services to the residents of pre-release units in the Division of Correction (DOC)The Requestor's job involves the administrative aspects of applying for, monitoring, and coordinating Federal grants within DPSC. His job occasionally involves coordination with grant administration s
advisoryo.1982.11.htm 82.11. OPINION NO. 82-11. An opinion has been requested concerning whether employees in the Department of Economic and Community Development (DECD) may serve as members of the Mid-Atlantic Certified Development Company.This request is presented by the DECD counsel on behalf of several agency employees who have been invited to be members of the Mid-Atlantic Certified Development Company (Mid-Atlantic) a certified development company being established pursuant to the Federal Small Business I
advisoryo.1982.12.htm 82.12. OPINION NO. 82-12. An opinion has been requested concerning whether a Maryland State Trooper (the Trooper) may be employed by a corporation engaging in the sale of used cars.This request was submitted by the Superintendent of the Maryland State Police in connection with his review of a request from the Trooper for approval of secondary employment with an entity proposing to engage in the sale of used cars (the Dealership) The Trooper is a stockholder, officer, and direc
advisoryo.1982.13.htm 82.13. OPINION NO. 82-13. An advisory opinion has been requested concerning whether and to what extent an official must disclose loans made by the official to an incorporated business entity, on a financial disclosure statement submitted pursuant to Title 4 of the Maryland Public Ethics Law (Article 40A, Title 4, Annotated Code of Maryland, the Ethics Law)This opinion is requested by a public official who has submitted a Financial Disclosure Statement. She disclosed on Schedule
advisoryo.1982.14.htm 82.14. OPINION NO. 82-14. A Planner in the Regional Planning Council (the Requestor) has requested an opinion as to whether he may engage in outside employment providing data processing services to the Baltimore Office of the Equal Employment Opportunity Commission, a Federal agency (EEOC)The Requestor is a Planner III within the Economic Research and Information Systems Division of the Regional Planning Council (RPC) His skills are in data processing and analysis; he indicates that hi
advisoryo.1982.15.htm 82.15. OPINION NO. 82-15. A request for an opinion has been received concerning the extent to which the amended Public Ethics Law (Article 40A, Annotated Code of Maryland, the Ethics Law) restricts outside employment by employees of the State Board for Higher Education (the SBHE) at Maryland institutions of higher education.This request, which was presented by the SBHE on behalf of its professional staff, is for a review and update of policies established by the Board of
advisoryo.1982.16.htm 82.16. OPINION NO. 82-16. An opinion has been requested of the Commission as to whether a Trustee of the Maryland Environmental Trust (MET) may receive compensation for his services in connection with a study conducted by the MET under a Federal grant.The Requestor is a Professor of Law at the University of Maryland School of Law; he also serves as a Trustee of the MET. He indicates that he teaches property, land planning and environmental law, and that as a result of his
advisoryo.1982.17.htm 82.17. OPINION NO. 82-17. An opinion has been requested as to whether a former official of the Governor's Commission on Law Enforcement and the Administration of Justice (LEAJ) may participate as a consultant on a contract with the LEAJ that involves use and analysis of data and programs that he managed while an LEAJ employee.This issue arises out of an LEAJ contract action for the procurement of consultant services for a classification study and a ten-year facilities plan.
advisoryo.1982.18.htm 82.18. OPINION NO. 82-18. An opinion has been requested as to whether an employee of the Toll Facilities Administration (TFA) may engage in part-time secondary employment with an entity that has a contract with the Maryland Transportation Authority (the Authority)This request is presented by an individual (the Employee) who is employed in the TFA, and has served as an electrical foreman and also temporarily as Chief Maintenance Officer. He works on the John F. Kennedy Highway (the Hig
advisoryo.1982.19.htm 82.19. OPINION NO. 82-19. An opinion has been requested concerning whether §3-101 of the Ethics Law (Article 40A, §3-101, Annotated Code of Maryland, the Ethics Law) applies where the head of an agency within the Department of Licensing and Regulation has discussed future employment with an entity regulated by his agency.The head of an executive agency (the Manager) indicates that he has recently engaged in discussions regarding future employment with a business entity (the Entity) subject to
advisoryo.1982.20.htm 82.20. OPINION NO. 82-20. An opinion has been requested concerning whether a college professor may be an officer, director or employee in a corporation which has a contract to provide services to one of his college's departments.This request is submitted by the Executive Assistant to the Chancellor of the University of Maryland at College Park. The request deals with the relationship between an economic data processing corporation (the Fund) and the Bureau of Business and Ec
advisoryo.1982.21.htm 82.21. OPINION NO. 82-21. An opinion has been requested concerning whether the Chief Boiler Inspector with the Board of Boiler Rules may own and operate a private boiler inspection business serving only Federal facilities not subject to his agency's jurisdiction.This request is presented by the Chief Boiler Inspector in the Division of Labor and Industry (the Division) in the Department of Licensing and Regulation (DLR) The Division is responsible for implementing the provisions of t
advisoryo.1982.22.htm 82.22. OPINION NO. 82-22. An Opinion has been requested as to whether the Executive Director of the Regional Planning Council (the Requestor) may serve on a local advisory committee that is involved in activities that are subject to his agency's consideration.The Requestor is a resident of Harford County and indicates that he has been invited to serve as a member of two local advisory committees, the Planning Advisory Board of Harford County and the Economic Development Committee
advisoryo.1982.23.htm 82.23. OPINION NO. 82-23. An opinion has been requested as to whether an employee of the Department of Health and Mental Hygiene may accept hourly outside employment with an entity that generates its income on a contingent fee basis.This request is presented by an individual (the Employee) who is presently a Fiscal Specialist I with the Medical Care Programs Division of the Department of Health and Mental Hygiene (DHMH) Previously he was employed as a Revenue Examiner I in the R
advisoryo.1982.24.htm 82.24. OPINION NO. 82-24. An opinion has been requested concerning the extent to which the post-employment provision of §3-103(b) of the Public Ethics Law (Article 40A, §3-103(b) Annotated Code of Maryland, the Ethics Law) limits the activities of a former State tax assessor now employed by the Rouse Company.This request is presented on behalf of the Subject, formerly an assessor in the Howard County office of the State Department of Assessments and Taxation (DAT) This Department
advisoryo.1982.25.htm 82.25. OPINION NO. 82-25. A request has been received for an advisory opinion as to whether the Upper Potomac River Commission is an executive agency as contemplated by §1-201(1) of the Public Ethics Law (Article 40A, §1-201(1) Annotated Code of Maryland, the Ethics Law)The Upper Potomac River Commission (UPRC) is a bi-county agency established by Act of the General Assembly in 1935, and functioning in Allegany and Garrett Counties. It is a body corporate that fulfills two basic functions: i
advisoryo.1982.26.htm 82.26. OPINION NO. 82-26. An advisory opinion has been requested concerning whether members of the Board of Supervisors of Elections of Baltimore County are exempt from financial disclosure under the Public Ethics Law by virtue of their being "local officials" pursuant to §6-202 of the Public Ethics Law (Article 40A, §6-202, Annotated Code of Maryland, the Ethics Law.The Boards of Supervisors of Elections are established by general public law in Title 2 of Article 33, Annotated Code of Mary
advisoryo.1982.27.htm 82.27. OPINION NO. 82-27. The Director of the Department of Assessments and Taxation (the Director) has requested an advisory opinion as to several situations involving potential conflicts of interest by his employees. First, he has inquired as to whether individuals employed as assessors for the Department may engage in outside employment activities doing property appraisals for private clients. The Director also has requested advice, second, as to whether DAT officials
advisoryo.1982.28.htm 82.28. OPINION NO. 82-28. An advisory opinion has been requested by the Department of Health and Mental Hygiene (DHMH) concerning whether an official may accept expenses for travel, lodging and meals from an entity that contracts with the official's agency, if they are proffered in connection with the official's performance of agency business in connection with the contract.The Boards and Commissions Coordinator for DHMH has requested this opinion concerning whether the Ex
advisoryo.1982.29.htm 82.29. OPINION NO. 82-29. An opinion has been requested from employees in the State Highway Administration (SHA) concerning whether employees who work in the Administration's Interstate Division for Baltimore City (the Interstate Division) must file financial disclosure under Title 4 of the Public Ethics Law (Article 40A, Title 4, Annotated Code of Maryland, the Ethics Law.This request is presented by the Chief of the Bureau of Management, Interstate Division, on behalf o
advisoryo.1982.30.htm 82.30. OPINION NO. 82-30. An opinion request has been received concerning whether an individual who serves as a program administrator (the Administrator) in the Department of Health and Mental Hygiene (DHMH) may also serve in a part-time capacity as Executive Director of an independent commission within the Department.The Administrator is involved in DHMH's management of the State's kidney disease program. This program is established in Article 43, §781―790, Annotated Code of Maryland, and
advisoryo.1982.31.htm 82.31. OPINION NO. 82-31. An opinion has been requested concerning whether certain employees classified as "Buyers III" in the Department of General Services (DGS) have been properly identified as having contract responsibilities that would make them public officials under the Public Ethics Law (Article 40A, Annotated Code of Maryland, the Ethics Law)This request is basically an appeal from an Ethics Commission determination in 1981 that these Buyers in DGS's Purchasing Bur
advisoryo.1982.32.htm 82.32. OPINION NO. 82-32. An opinion has been requested concerning whether the Deputy Secretary (the Deputy) of the Department of Health and Mental Hygiene (DHMH) may serve as a faculty member to the University of Maryland School of Medicine.The Deputy was selected for his position after a search resulting in a determination that he possessed the clinical skills, public health orientation, and administrative experience necessary to fill this key position. He had had significant hospital
advisoryo.1982.33.htm 82.33. OPINION NO. 82-33. An advisory opinion has been requested as to whether an individual employed by the Department of General Services (DGS) may have secondary employment within State service with the Physical Plant Department of the University of Maryland.This request is presented by an individual (the Employee) who is an Assistant Project Officer in the Office of Engineering and Construction, In-House Design Team, in DGS. It concerns the propriety under the Public Ethics Law
advisoryo.1982.34.htm 82.34. OPINION NO. 82-34. An Ethics Commission opinion has been requested as to whether a University of Maryland professor (the Requestor) may, if elected, serve in the Maryland House of Delegates and retain his full-time position at the University.The Requestor is a full-time tenured professor at the University of Maryland who plans to run for the Maryland House of Delegates in a district that does not include the University. He holds the rank of Full Professor in an educational department on
advisoryo.1982.35.htm 82.35. OPINION NO. 82-35. An opinion has been requested concerning application of the Public Ethics Law, particularly §3-103(a) (Article 40A, §3-103(a) Annotated Code of Maryland, the Ethics Law) to an appointee to the University of Maryland Board of Regents whose private commodity supply business may have sales to the University.This request is presented by an individual (the Appointee) who has been appointed by the Governor to serve on the University of Maryland Board of Rege
advisoryo.1982.36.htm 82.36. OPINION NO. 82-36. The Chairman of the Human Relations Commission has requested an opinion as to whether the agency's Chief Hearing Examiner (the Hearing Examiner) may be listed as an arbitrator on the labor relations panel list of the American Arbitration Association.The Human Relations Commission (the HRC) is authorized under Article 49B, Annotated Code of Maryland, to adjudicate cases involving alleged discrimination. Its jurisdiction covers employment situation
advisoryo.1982.37.htm 82.37. OPINION NO. 82-37. Our advice has been requested concerning whether the manager of the Employee Relations Office in a large State Cabinet level Department (the Department) may have a private business representing employees in other State agencies in personnel proceedings, or representing State agencies other than the Department in employee relations matters.The Employee Relations Office handles personnel grievance and other employee-employer relations matters within the Department
advisoryo.1982.38.htm 82.38. OPINION NO. 82-38. An inquiry has been received concerning whether a conflict of interest results when the Chairman of the Maryland Small Business Development Financing Authority (MSBDFA or the Authority) is employed by an accounting firm whose clients include banks that are involved in an agency interest subsidy and loan guarantee program.This request is presented by the Chief Counsel of the Department of Economic and Community Development (DECD) on the behalf of the Chairman of the MSB
advisoryo.1982.39.htm 82.39. OPINION NO. 82-39. An opinion has been requested concerning whether a conflict of interest exists for a member of the Board of Electrologists (the Board) who is an electrologist and electrology instructor employed by an entity that provides a course meeting the Board's licensure requirements, and is also an owner/instructor of another entity that also offers such courses.This request is presented by the Chairman of the Board of Electrologists regarding a possible confli
advisoryo.1982.40.htm 82.40. OPINION NO. 82-40. An advisory opinion has been requested as to whether a Program Director at the Potomac Center (Department of Health and Mental Hygiene, DHMH) may serve as a consultant providing training services to employees of private care providers funded by DHMH.This request was presented by the Chief of Evaluation and Training in the Mental Retardation and Developmental Disabilities Administration (MRDDA) It involves a Program Director (the Employee) employe
advisoryo.1982.41.htm 82.41. OPINION NO. 82-41. The Ethics Commission has received a request for an advisory opinion as to whether occupational and physical therapists at Deer's Head Center (Department of Health and Mental Hygiene, DHMH) may engage in part-time employment providing therapy services to private nursing homes.Deer's Head Center (Deer's Head or the Center) is a State hospital for the chronically ill and aging, providing long-term care for individuals such as cancer patients, diabeti
advisoryo.1982.42.htm 82.42. OPINION NO. 82-42. The Director of Port Promotion (the Director) of the Maryland Port Authority (MPA) has requested an opinion as to whether he may have outside employment writing articles about the Port of Baltimore for the Daily Record.The Director indicates that his job involves developing public relations and promotional programs to market the facilities of the Port of Baltimore (the Port) He provides information to businesses and members of the public, manages an advertising pro
advisoryo.1982.43.htm 82.43. OPINION NO. 82-43. An advisory opinion has been requested concerning whether an employee in the Income Tax Division of the Comptroller of the Treasury (the Comptroller) may serve as an official in a private association whose activities may be subject to audit by the Comptroller.The Requestor is a field audit supervisor in the Income Tax Division of the Comptroller's Office. He supervises a team of 3 individuals in auditing the income tax returns of individuals and business e
advisoryo.1982.44.htm 82.44. OPINION NO. 82-44. The State Ethics Commission has been requested to advise the Chief of the Crippled Children's Division in the Mental Retardation and Developmental Disabilities Administration (MRDDA) as to whether he may have outside employment as a faculty member at a hospital which provides patient care to individuals referred and funded by his program.This request is presented by the Chief of the Division of Crippled Children(s) Services in MRDDA, which is part of the Depart
advisoryo.1982.45.htm 82.45. OPINION NO. 82-45. The Director of Personnel, Department of Health and Mental Hygiene (DHMH) has requested an opinion concerning the outside activities of a physician in the Crippled Children's Program as a Trustee and consultant to Children's Hospital.This Opinion has been requested in response to an inquiry raised by Legislative Auditors. It involves a Staff Physician D (the Physician) in the Division of Crippled Children's Services in the Mental Retardation and Developme
advisoryo.1982.46.htm 82.46. OPINION NO. 82-46. A dentist with the Preventive Medicine Administration's (PMA) School Dental Health Program (the Dentist) has requested an opinion as to whether he may engage in a private dentistry practice in association with one or more private practitioners.The Dentist is employed in the Baltimore office of PMA, but lives in Kent County and services four Eastern Shore counties. He is the senior dentist in a School Dental Health Program that involves the transportation of a denta
advisoryo.1982.47.htm 82.47. OPINION NO. 82-47. An opinion has been requested concerning whether the Chief Psychologist at the Maryland House of Correction may work for Baltimore City Hospital as an employee of the Chesapeake Physicians Professional Association (CPPA)This request was presented by the Division of Correction (DOC) in the Department of Public Safety and Correctional Services (DPSC) It involves the outside employment of the Chief Psychologist (the Psychologist) at the Maryland House of Correction in
advisoryo.1982.48.htm 82.48. OPINION NO. 82-48. An opinion request has been received as to whether an egg inspector for the Department of Agriculture (DAGR or the Department) may hold part-time employment with local grocery stores near his home.The Requestor here is an egg inspector in DAGR's Office of Animal Health and Consumer Services. His duties involve carrying out DAGR's responsibilities under the Maryland Egg Law (Agriculture Article, §4-301―4-312, Annotated Code of Maryland) and its implementing regulations
advisoryo.1982.49.htm 82.49. OPINION NO. 82-49. An opinion has been requested from the Department of Human Resources (DHR) as to whether four employees of the Baltimore City Department of Social Services may establish a private consulting business involving a general program area related to their official duties, but a different client and geographical population.This request is presented by an Assistant Attorney General from the Department of Human Resources on behalf of four employees in the Baltimore City De
advisoryo.1982.50.htm 82.50. OPINION NO. 82-50. An advisory opinion has been requested as to whether an individual may continue to serve as a Sanitarian in a County Health Department if her spouse has a part-time business as a surveyor.This request is presented by the Director of Environmental Health in a County Health Department (the Health Department, or the Department) It involves an inquiry by an individual (the Employee) who was recently employed as a Sanitarian I in the Health Department. In this pos
advisoryo.1982.51.htm 82.51. OPINION NO. 82-51. An inquiry has been received from the Staff Assistant to the State Board of Social Services concerning whether members of local Boards of Social Services may have or be interviewed for State employment in the Social Services Administration (SSA)This request is presented as a general question, though it was originally raised by a local State Services Department that is engaged in a hiring process in which a local board member appears on the list of eligibles. The SSA
advisoryo.1982.52.htm 82.52. OPINION NO. 82-52. An employee of the Mental Retardation and Developmental Disabilities Administration (the Employee) of the Department of Health and Mental Hygiene (DHMH) has requested our opinion as to the propriety of selling giftware and jewelry to a volunteer Auxiliary associated with a facility operated by DHMH.The Employee is a Program Administrator I in the Office of the Director of the Mental Retardation and Developmental Disabilities Administration (MRDDA
advisoryo.1982.53.htm 82.53. OPINION NO. 82-53. An opinion has been requested as to whether a Program Director (the Employee) for Project H.E.L.P. in the Department of Human Resources (DHR) may serve on the House of Ruth Board of Directors, if the entity receives funding from another DHR program.This request is presented by DHR counsel on behalf of the Employee, who serves in DHR's Social Services Administration as Director of the Project H. E.L.P. program. Project H.E.L.P. is a Statewide advocacy project on child ab
advisoryo.1982.54.htm 82.54. OPINION NO. 82-54. An opinion has been requested concerning whether a community home care aide (the Aide) in a local Department of Social Services may accept a bequest from the estate of a former client.This request is presented by an Assistant Attorney General in the Department of Human Resources on behalf of an aide in a County Department of Social Services (the Department) The home care service program is established in Article 88A, §84-87, Annotated Code of Maryland, an
advisoryo.1982.55.htm 82.55. OPINION NO. 82-55. An advisory opinion request has been presented concerning whether an employee of the Regional Planning Council (RPC) may engage in private consulting activities with the Central Maryland Health Systems Agency (CMHSA)The Employee is a Planner IV with the Economic Research and Information Systems Division of the RPC. His skills are in data processing and analysis; he indicates that his job involves creation of demographic and economic data estimates for internal R
advisoryo.1982.56.htm 82.56. OPINION NO. 82-56. The State Ethics Commission has been asked to advise the Chairman of the Maryland Historical Trust (the Chairman) in the Department of Economic and Community Development (DECD) as to whether he may negotiate and procure a loan from the Maryland Housing Rehabilitation Program, also in DECD.The Chairman is the owner of a substantial amount of property in Oella, Maryland. This village is an historic old mill town with about 300 housing units, about half of which a
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