04/22/2010 Special Meeting - Laserfiche WebLink

Home Browse Search

St. Mary's County Ethics Ordinance Pag 4 of 9 2. Any final determination resulting fromthe hearing shall include findings of fact, onclusions of law and recommendations. If a violation is found, the Commission may ake and/or recommend any enforcement action provided for by Section 9 of the Ordinance. 3. If aggrieved by a final order of the Commission, the respondent may request jud cial review in accordance with the provisions of Rules 7-201 through 7-210 of the Maryl d Rules of Procedure, and any final order of the Commission shall be stayed automatically u til the time for requesting judicial review has expired. If a timely appeal for judicial review 's filed, the final order shall be further stayed until final disposition by the reviewing court. 4. If in the course of considering any complaint filed with it, or made upon its own motion, the Commission has reasonable grounds to believe that the respondent named in th complaint may have committed a criminal offense, the matter shall be prompUy refe ed to the appropriate prosecuting authority. All pertinent evidence under the con ol of the Commission shall be made available to the prosecuting authority. 5. Following the filing of a complaint and unless and until the matter is referred for rosecution or a finding of a violation has been made, the proceedings of the Commission in connection with the complaint shall be conducted in a confidential manner, unless such confi entiality is waived by the Respondent. 6. In carrying out the provisions of the Ordinance, the Commission may issue subp enas in aid of investigations, to compel attendance and testimony of witnesses at heazings nd for the production of books, papers, records, documents or other tangible objects. Such subpoenas may bejudicially enforced. 1. The Commission shall by majority vote have the authority to exempt from the definiti n of "gift" a specific thing or class of things of economic value which the Commission, upon finding in writing, determines not to be detrimental to the impartial conduct of the business of he County and that the gifr is purely personal and private in nature. J. The Commission may grant exemptions and modifications to the provisions of Sectio 5 and 6 of this Ordinance if it determines that the application of those provisions would: 1. Constitute an unreasonable invasion of privacy; and 2. SigniScantly reduce the availabiliry of qualified persons for public service and fu her; 3. Not be required to preserve the purpose of this Ordinance. K. The Commissioners may adopt rules and regulations in order to carry out the provis ons of the Ordinance. SECTION 5.- CONFLICTS OF INTEREST A. Participation prohibitions. Except as permitted by other provisions of this Ordin ce or by Commission regulation or opinion, a St. Mary's County official or employee shall not participate in: 1. Any matter, except n the exercise of an administrative or ministerial duty whi does not affect the disposition or decision with respect to that matter, if, to his/her knowle ge, he/she, his/her spouse, child, parent, brother or sister has an interest therein. 2. Any matter, except in the exercise of an administrative or ministerial duty, when any of the following is a party thereto: a. Any business entity in which he/she has a financial interest of which /she may reasonably be expected to know; b. Any business entity of which he/she is an officer, director, trustee, partner o employee or in which entity he/she knows or may reasonably be expected to know that any of the relatives listed above have such an interest; c. Any business entity which the official or employee knows is his/her creditor or obligee or that of a member of his/her immediate family as defined herein with respe t to a thing of economic value. For the purposes of this subsection, retail credit accou s and any liability of less than $1,000 are exempted. B. If a disqualification pursuant to this Section leaves any St. Mary's Counry age cy, board, commission or simi►ar entity with less than a quorum capable of acting or if the isqualified official or employee is required by law to act Q is the onty person authorized o act, the disqualified person shall disdose the nature and circumstances of the conflict of int rest and a satisfactory explanation of the necessity to participate and act in a letter directed to the Ethics Commission, which shall be a public record. The Ethics Commission in a public m ting shall 169