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advisoryo.1983.01.htm 83.01. OPINION NO. 83-1. An opinion has been requested concerning whether the Chancellor of the University of Maryland, College Park Campus (UMCP) may serve on the Board of Directors of two Baltimore businesses, Commercial Credit Corporation (Commercial Credit) and Baltimore Gas and Electric (BG&E)The recently appointed Chancellor for the College Park campus of the University of Maryland has been invited to serve on the Boards of Directors of Commercial Credit and BG&E. The Chancellor of the Co
advisoryo.1983.02.htm 83.02. OPINION NO. 83-2. An opinion has been requested by an Assistant Attorney General for the State Department of Education concerning whether and the extent to which §3-101 and 3-103(a) of the Public Ethics Law (Article 40A, §3-101 and 3-103(a) Annotated Code of Maryland, the Ethics Law) apply to the service of a plumbing apprenticeship training official (the Official) on the State Board of Education.The Official is a recent appointee to the State Board of Education (the Boa
advisoryo.1983.03.htm 83.03. OPINION NO. 83-3. An Account Auditor III (the Employee) in the Department of Health and Mental Hygiene (DHMH) has requested an opinion as to whether he may engage in outside employment or establish a business in the private health care field.The Requestor works in the Division of Management and Fiscal Services under DHMH's Assistant Secretary for Medical Care Programs. He has a fiscal background with an accounting degree from Loyola, and has requested advice concerning his wish to establ
advisoryo.1983.04.htm 83.04. OPINION NO. 83-4. An opinion has been requested concerning whether the Executive Legal Assistant to the Secretary of State (the Requestor) may, for private reimbursement, conduct seminars on the Maryland Condominium Law for private legal entities, or have a private practice serving as counsel to condominium councils of unit owners. The Requestor believes that he may receive future requests for this type of employment and wishes to be able to respond to these requests in a way consistent w
advisoryo.1983.05.htm 83.05. OPINION NO. 83-5. An opinion has been requested concerning whether an Office Secretary II in the Department of Agriculture (DAGR) may own and operate a horse riding stable licensed by the Department.This request is presented by an Office Secretary II (the Requestor) in the Meat and Poultry Inspection Division under DAGR's Assistant Secretary for Animal Health and Consumer Services. She is a secretary whose duties, according to her immediate supervisor as well as the Ass
advisoryo.1983.06.htm 83.06. OPINION NO. 83-6. An opinion has been requested concerning whether the Assistant Secretary for Economic Development (Department of Economic and Community Development, DECD) may accept a certain gift from the Allegany County Economic Development Company Board of Directors and Allegany County Board of Commissioners.The Requestor was appointed Assistant Secretary for Economic Development in September 1982, after serving with DECD in other capacities since February 1979. Prior to his emplo
advisoryo.1983.07.htm 83.07. OPINION NO. 83-7. An advisory opinion has been requested as to whether a part-time social worker with a county health department may be affiliated as a private practitioner with the Family Life Center, a private health service entity that takes referrals from her agency.This request is presented by a Social Worker II (the Requestor) employed on a two day per week basis at the Outpatient Mental Health Clinic (the Clinic) of the Howard County Health Department. Her pri
advisoryo.1983.08.htm 83.08. OPINION NO. 83-8. A local public health officer has requested an opinion as to whether he may be employed as a private physician consultant on an Alcohol Control Administration grant made to his agency.This request is presented by the Health Officer for two Eastern Shore counties, Caroline County and Kent County. Basically, it involves his participation, compensated in his private capacity, in an inpatient alcoholism treatment program being implemented by the Kent County H
advisoryo.1983.09.htm 83.09. OPINION NO. 83-9. An opinion has been requested as to whether the Chairman of the Board of Contract Appeals (the Chairman) may accept a $100 honorarium for a lecture he gave in a Maryland Construction Law course sponsored by the D.C. Metropolitan Chapter of the Construction Specifications Institute (CSI)The Maryland State Board of Contract Appeals (the Board) was established in the State Procurement Law enacted in the 1981 Session of the General Assembly (Article 21, Annotate
advisoryo.1983.10.htm 83.10. OPINION NO. 83-10. An opinion has been requested from the Maryland State Police (MSP) concerning whether the MSP Corporal (the Corporal) who received investigative hypnosis training on State time may have a private practice in therapeutic hypnosis.The Corporal is an MSP officer assigned to the Annapolis Barrack and working until recently in the agency's hypnosis unit. He was trained for this on State time but at his own expense, and also received some on-the-job traini
advisoryo.1983.11.htm 83.11. OPINION NO. 83-11. An opinion has been requested from an Assistant Attorney General in the Department of Transportation (DOT) concerning whether he may retain a $100 honorarium for a lecture he gave at a course in Maryland construction law sponsored by the D.C. Chapter of the Construction Specifications Institute (CSI)The Requestor is an Attorney in DOT who is responsible for defending the Mass Transit Administration (MTA) in claims filed against it under Baltimore
advisoryo.1983.12.htm 83.12. OPINION NO. 83-12. We have received a request for definition of the scope of activities allowable by a former attorney (the Requestor) in the Department of Transportation (DOT) whose new law firm is engaged solely in government contract claims work.The Requestor is a former Assistant Attorney General in DOT, whose duties related solely to serving as an advocate for the State in contract disputes. His assignments included claims involving heavy construction projects, inc
advisoryo.1983.13.htm 83.13. OPINION NO. 83-13. A Human Services Specialist (the Employee) in the Baltimore City Department of Social Services (part of the State Department of Human Resources) has requested an opinion as to whether she may serve on the Board of Directors of the Maryland Welfare Rights Organization (MWRO)The Employee works in the Baltimore City Department of Social Services (DSS) in its Division of Public Assistance (the Division) The Chief of the Division and the Employee's immediate supervisor, indi
advisoryo.1983.14.htm 83.14. OPINION NO. 83-14. An opinion has been requested concerning whether a senior employee of the Board of Supervisors of Elections of large metropolitan county (the Board) is a public official required to file a disclosure statement under Title 4 of the Public Ethics Law (Article 40A, Title 4, Annotated Code of Maryland)This request was first presented and considered in 1980, at the time when the Ethics Commission was in the process of implementing the State's financial disclosure program as
advisoryo.1983.15.htm 83.15. OPINION NO. 83-15. An opinion has been requested as to whether certain employees in the Department of Assessments and Taxation (DAT) paid in accordance with a county salary schedule, should be included as public officials required to file financial disclosure statements under Title 4 of the Public Ethics Law (Article 40A, Title 4, Annotated Code of Maryland, the Ethics Law) This request was originally presented in 1980 by an employee of the Montgomery County Office
advisoryo.1983.16.htm 83.16. OPINION NO. 83-16. An opinion has been requested concerning whether the Commander of the Maryland State Police (MSP) Automotive Safety Enforcement Division (ASED) may have secondary employment with the State Board for Higher Education (SBHE) inspecting off-road vehicles of a vocational driver training program.This request is presented by a MSP Captain (the Captain) whose duties are to "command, direct and control the Automotive Safety Enforcement Division of the Maryland State Poli
advisoryo.1983.17.htm 83.17. OPINION NO. 83-17. We have received an opinion request from a nurse in the Division of Nursing, Manpower Resources Administration (Department of Health and Mental Hygiene, DHMH) concerning whether she may have a private business providing consulting services to private nursing homes.The Requestor works in the Nursing Division as an in-house consultant to State-operated health institutions, including its chronic disease hospitals, mental health facilities, and State-operated nursi
advisoryo.1983.18.htm 83.18. OPINION NO. 83-18. We have been asked for an advisory opinion as to whether the Human Resources Director (the Director) for the Maryland Port Administration (MPA) may engage in outside employment as a construction business development officer with a private construction management services firm.The Director is an MPA employee responsible for the planning, development and direction of the agency's equal opportunity/affirmative action, training, contract compliance, mi
advisoryo.1983.19.htm 83.19. OPINION NO. 83-19. An opinion has been requested as to whether the Commission's financial interest exception regulations (COMAR 19A.02.02) may be applied to permit the Manager of Baltimore-Washington International Airport (BWI) to own stock in Piedmont Aviation (Piedmont)This request was presented in a submission by the Manager of BWI Airport (the Manager) of an Interest Exception Disclosure Form in response to the Commission's general distribution of these forms. The
advisoryo.1983.20.htm 83.20. OPINION NO. 83-20. An inquiry has been received concerning whether a Juvenile Counselor (the Counselor) with the Juvenile Services Administration (JSA) may have a private law practice: 1) handling adult cases from the Public Defender Panel List, and 2) handling private civil litigation.The counselor works in the Prince George's County Region of the JSA, as a Senior Juvenile Counselor. She has a Master's degree in social work and indicates that she basically fulfills a social work fu
advisoryo.1983.21.htm 83.21. OPINION NO. 83-21. An inquiry has been presented concerning whether a nurse in the Long Term Care Unit of the Medical Assistance Compliance Administration in the Department of Health and Mental Hygiene (DHMH) may have outside employment as a clinical nurse in an acute care medical facility, either directly or through an agency.This opinion request resulted from the Requestor's disclosure on an Ethics Commission Financial Interest Exception Disclosure Form of affiliations wit
advisoryo.1983.22.htm 83.22. OPINION NO. 83-22. A question has been presented as to whether the Director of Education (the Director) at the Maryland Correctional Training Center (the Training Center) may be a part-time teacher at a Junior College that provides courses of instruction at the Training Center.This request arises in connection with the disclosure by the Director of his part-time employment with the Hagerstown Junior College, on the Ethics Commission's Financial Interest Exception Disclosure
advisoryo.1983.23.htm 83.23. OPINION NO. 83-23. The Ethics Commission has received an opinion request from an Administrator I in the Office of Planning, Department of Health and Mental Hygiene (DHMH) concerning whether he may serve as a Commissioner of the Maryland-National Capital Park and Planning Commission (Park and Planning Commission)The Requestor works in the DHMH Office of Planning, which is the unit under the Assistant Secretary for Administration that has responsibility for internal Departmental planni
advisoryo.1983.24.htm 83.24. OPINION NO. 83-24. The Ethics Commission has received an advisory opinion request concerning whether an assessor in the St. Mary's County Assessments Office may serve on the County Planning Commission.This request was presented by the Director of the Department of Assessments and Taxation (DAT) and involves an Assessor IV in the St. Mary's County Office. According to the DAT Director and the Assessor, in an office the size of the St. Mary's Office, this position is compar
advisoryo.1983.25.htm 83.25. OPINION NO. 83-25. An opinion has been requested concerning whether an instructor (the Instructor) of music at a State university may, through his private business, sell musical instruments, sheet music and other supplies to music students in his courses.The Instructor is a regular part-time faculty member and visiting instructor in the Department of Music at a State university (the University) He has been employed there since 1977 as an instrumental instructor in the classic
advisoryo.1983.26.htm 83.26. OPINION NO. 83-26. The Maryland State Police (MSP) have requested an opinion concerning whether State Police Troopers assigned to a County resident trooper program may engage in outside employment as security guards for county schools.This request was presented by an Assistant Attorney General for the MSP on behalf of two Troopers assigned to the Westminster Barrack in Carroll County (the Troopers) who are both assigned to the County's resident trooper program. This program is est
advisoryo.1983.27.htm 83.27. OPINION NO. 83-27. An opinion has been requested concerning whether and to what extent Department of Economic and Community Development (DECD) employees may participate in the Department's mortgage loan and bond issuance programs.This request was presented by the DECD Assistant Secretary for Housing and Community Development, and concerns whether Departmental employees may obtain mortgage or other loans from the Community Development Administration (CDA or the Administration)
advisoryo.1983.28.htm 83.28. OPINION NO. 83-28. An inquiry has been presented concerning whether a person who works full-time as an appraiser (the Requestor) may serve on a County Property Tax Assessment Appeals Board (PTAB)The Requestor was appointed to his county's PTAB in March 1982, to fill out an unexpired term, and was reappointed to a full term in June 1982. The Property Assessment Appeals Board (the Board) was established by Act of the Legislature in 1977 (Maryland Code Annotated, Artic
advisoryo.1983.29.htm 83.29. OPINION NO. 83-29. An advisory opinion request has been received concerning whether the Public Ethics Law (Article 40A, Annotated Code of Maryland, the Ethics Law) prohibits a member of the board of trustees for a community college from being affiliated in law practice with a private attorney providing services to his Board.This matter was presented to us by the Chairman of the State Board for Community Colleges, an entity that has general Statewide responsibility for com
advisoryo.1983.30.htm 83.30. OPINION NO. 83-30. The Ethics Commission has received an inquiry concerning whether it would be a violation of the Public Ethics Law (Article 40A, Annotated Code of Maryland, the Ethics Law) for a member of the Board of Regents (the Member) of the University of Maryland (the University) to be the primary owner of a firm that bids on and receives a major University construction project. The Member has been on the University's Board of Regents (the Regents) since Mar
advisoryo.1983.31.htm 83.31. OPINION NO. 83-31. An opinion has been requested concerning whether a Veterinarian with the Maryland Department of Agriculture (DAGR or the Department) may have a private veterinary practice.The Requestor is the Director of a laboratory in the Animal Health Section of DAGR, under the Department's Office of Animal Health and Consumer Services. He is a Veterinarian III, Laboratory Option. His laboratory generally functions within its defined geographical area, dealing primarily with food-
advisoryo.1983.32.htm 83.32. OPINION NO. 83-32. We have received a request from the State Treasurer, who is a member of the Board of Public Works, concerning whether he may purchase a piece of real property currently held by the State Military Department.The Treasurer is the owner of a large piece of agricultural/residential property near Havre de Grace, Maryland. A portion of the property, which is improved by a residential structure used for rental purposes, abuts the Maryland National Guard Havre
advisoryo.1983.33.htm 83.33. OPINION NO. 83-33. An opinion has been requested concerning whether the Executive Director (the Director) of the Maryland Higher Education Loan Corporation (MHELC or the Corporation) may serve on the Advisory Council of a private vendor of services to the Corporation.The Corporation was established in 1963 to make and guarantee loans to students (or their parents) who are residents of the State, to help them meet their educational expenses at undergraduate, graduate or vocational schools.
advisoryo.1983.34.htm 83.34. OPINION NO. 83-34. A request has been presented to the Ethics Commission concerning whether an individual may be employed as an examiner by the Board of Cosmetologists if he is an owner of and teacher in a school of beauty culture.This request was presented by the Chairman of the Board of Cosmetologists (the Board) and involves an individual who is seeking to be employed by the Board as an examiner. The Board is established in Article 56, §489, Annotated Code of Maryland, and
advisoryo.1983.35.htm 83.35. OPINION NO. 83-35. An advisory opinion has been requested concerning whether the Assistant Commissioner for Railroad Safety and Health (the Assistant Commissioner or the Requestor) may have financial interests and other affiliations with his former employer, a major railroad system (Chessie Systems Railroads, or Chessie)This request is presented by the Assistant Commissioner, whose office (the Railroad Safety Office) is part of the Division of Labor and Industry in th
advisoryo.1983.36.htm 83.36. OPINION NO. 83-36. An advisory opinion request has been received concerning whether the Public Ethics Law (Article 40A, Annotated Code of Maryland, the Ethics Law) prohibits an attorney from serving as a member of the Board of Trustees for a community college where some of the attorney's clients may on occasion submit bids on proposed college contracts.Section 16-201 of the Education Article, Annotated Code of Maryland, requires that a board of community college trustees be e
advisoryo.1983.37.htm 83.37. OPINION NO. 83-37. An advisory opinion has been requested as to whether an accountant (the Employee) in the Department of Health and Mental Hygiene (DHMH or the Department) may have outside employment with a catering firm regulated by the Department.The Employee works in the General Accounting section of the Budget Management unit of DHMH. He is an Accountant IV whose duties involve providing general accounting support in local health programs, letters of credit and chil
advisoryo.1983.38.htm 83.38. OPINION NO. 83-38. A request has been presented for an opinion as to whether a Deputy Director of the Drug Abuse Administration (DAA or the Administration) may have business relationships with an individual who through a private college has contractual dealings with the administration.The DAA is a unit of the Department of Health and Mental Hygiene (DHMH) and was originally established in 1969. It is charged with responsibility for developing a State comprehensive drug abuse contro
advisoryo.1983.39.htm 83.39. OPINION NO. 83-39. Our advice has been requested concerning whether members of a Community College Board of Trustees may have affiliations with a trust company and a savings and loan association with which the college maintains accounts.This request was presented by the attorney for a local community college (the College) on behalf of two current members of the Board of Trustees of the College (the Board) The request arose out of their employment, and in one case, financial interest
advisoryo.1983.40.htm 83.40. OPINION NO. 83-40. An opinion has been requested by the Chairman of the Real Estate Commission (the Commission) concerning whether members of the Commission or its staff may receive compensation for serving as guest lecturers in courses required for licensure as real estate salesman or broker.1The Real Estate Commission is a unit within the Department of Licensing and Regulation (DLR) and is established and functions pursuant to Article 56, §213-224A, Annotated Code
advisoryo.1983.41.htm 83.41. OPINION NO. 83-41. A member (the Member) of a county Property Tax Assessment Appeals Board (PTAB or the Board) has requested an opinion as to whether a conflict of interest arises if he owns an interest in and works as a salesman for a real estate agency.The Member was appointed to his county PTAB effective July 1983. The Property Tax Assessment Appeals Board was established by Act of the Legislature in 1977 (Maryland Code Annotated, Article 81, §248 et seq. The Board consist
advisoryo.1983.42.htm 83.42. OPINION NO. 83-42. The State Ethics Commission has been asked to provide advice as to whether Maryland State Police (MSP) employees may be employed as couriers by a corporation whose organizers, owners and managers are similarly affiliated with a private detective agency licensed by MSP.This request is presented by the Superintendent of the Maryland State Police, and involves Unitas & Associates, a private detective agency licensed by MSP pursuant to Article 56, §75, Annotated Code o
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