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St. Mary's County <br />Pag 3 of 9 <br />B. Engaging in activities having the express purpose of soliciting others to c mmunicate <br />with a St. Mary's County official or employee with the intent to influence y official <br />action of that official or employee. <br />"Official and/or employee° means any person elected [o, appointed to or empbyed by St. Mary's <br />County or any St. Mary's County agency, board, commission or similar entity, whether or not paid n whole or <br />in part with St. Mary's County funds, and whether or not compensated. <br />"Person" includes an individual or business entity. <br />"Volunteer Member" means any member of any board or commission who se es without <br />compensation or who is paid only a nominal sum or is reimbursed only for actual and necessa expenses <br />approved by the appropriate county official. <br />SECTION 4. - ADMINISTRATION <br />A. There shall be a St. Mary's County Ethics Commission which shall consist of five O members <br />appointed by the Board of County Commissioners. The Commission members shall b appointed <br />for staggered terms of three (3) years. The Commission shall select its Chairman in ly of each <br />yeaz by majority vote. A member shall serve until a successor has been app inted. The <br />Commission, upon request, shall be assisted in carrying out its responsibilities by he County <br />Attomey or such other counsel as the County Commis sioners may from time to time a point. <br />B. This Commission shall be the advisory body responsible for interpreting this Ord nance and <br />advising persons subject to it as to its application. <br />C. The Commission shall be responsible for hearing and deciding any conQlaint filed r garding an <br />alleged violation of this Ordinance. <br />D. The Commission shall be the custodian of all statements, registrations, reports and omplaints <br />submitted in accordance with this Ordinance. <br />E The Commission shall be responsible for conducting information and educatio programs <br />regarding the purpose and implementation of this Ordinance. <br />F. Persons governed by this Ordinance may request the Commission for an adviso opinion <br />conceming its application to them. The Commission shall respond within a reasonable time to the <br />requests, provided that interpretations based on the facts are provided or reasonably vailable to <br />it. The Commission may, in its discretion, also respond to such requests from p rsons not <br />specifically governed by this Ordinance. Copies of the responses shall be made avai ble to the <br />public in accordance with and subject to any applicable state or county law regar ing public <br />records. Information which may identify the person who is the subject of the opini n shall be <br />deleted to the fullest extent possible from advisory opinions. <br />G. Persons may file, under oath, a written signed complaint with the Commission lleging a <br />violation of any of the provisions of this Ordinance. Also, the Commission, on its o n motioq <br />may issue complaints alleging violations of the Ordinance. Upon receipt of a com laint, after <br />reviewing the allegations, the Commission may: <br />1. Dismiss the complaint if deemed plainly frivolous or if the facts alleged do not indicate a <br />violation of the Ordinance. <br />2 Conduct an investigation into the allegations of the complaint or refer the comp aint to the <br />County Attomey or other legal counsel for investigation and report. Counsel sh 11 refer the <br />evidence collected to the Commission for its disposition. <br />3. Based upon the Commission's investigation or the investigation and report of c unsel, the <br />Commission may, if appropriate, proceed as follows: <br />a. Dismiss the complaint. <br />b. Notify the Complainant and the Respondent that if any action is taken by the espondent <br />to cure the violation or violations within a time period specified by Clommission <br />regulations, the complaint may be dismissed if such dismissal is not cont ry to the <br />purposes of the Ordinance. <br />c. If not dismissed pursuant to (a) or (b), the Commission shall hold a hear~ng on the <br />complaint. I <br />H. Review. <br />1. The Respondent may be represented by counsel, and the proceeding shall be c <br />accordance with regulations goveming hearings as adopted by the Commission. <br />m <br />169 <br />