§ 7-1-301. PARTICIPATION PROHIBITIONS.

(a)

Prohibitions. Except as otherwise provided in subsection (c) of this section, a public official may not participate in a matter if:

(1)

The public official or a qualified relative of the public official has an interest in the matter and the public official knows of the interest; or

(2)

Any of the following is a party to the matter:

(i)

A business entity in which the public official has a direct financial interest of which the public official reasonably may be expected to know;

(ii)

A business entity, including a limited liability company or a limited liability partnership, of which any of the following is an officer, director, trustee, partner, or employee:

1.

The public official; or

2.

If known to the public official, a qualified relative of the public official;

(iii)

A business entity with which any of the following has applied for a position, is negotiating employment, or has arranged prospective employment:

1.

The public official; or

2.

If known to the public official, a qualified relative of the public official;

(iv)

If the contract reasonably could be expected to result in a conflict between the private interest and the official county duties of the public official, a business entity that is a party to a contract with:

1.

The public official; or

2.

If known to the public official, a qualified relative of the public official;

(v)

A business entity, either engaged in a transaction with the county or in which a direct financial interest is owned by another business entity if the public official:

1.

Has a direct financial interest in the other business entity; and

2.

Reasonably may be expected to know of both financial interests; or

(vi)

A business entity that:

1.

The public official knows is a creditor or obligee of the public official, or of a qualified relative of the public official, with respect to a thing of economic value; and

2.

As a creditor or obligee, is in a position to affect directly and substantially the interest of the public official, or qualified relative.

(a-1)

(1)

This subsection does not apply to an individual who is a public official only as a member of a County Board or Commission other than the Board of Appeals.

(2)

A former regulated lobbyist who is or becomes subject to this subtitle as a public official may not participate in a case, contract, or other specific matter as a public official for one (1) calendar year after the termination of the registration of the former regulated lobbyist if the former regulated lobbyist previously assisted or represented another party for compensation in the matter.

(b)

Exceptions - In general.

(1)

The prohibitions of subsection (a) of this section do not apply if participation is allowed:

(i)

By regulation of the Ethics Commission; or

(ii)

By another provision of this subtitle.

(2)

This section does not prohibit participation by a public official that is limited to the exercise of an administrative or ministerial duty that does not affect the disposition or decision with respect to the matter involved.

(c)

Disclosure. A public official who otherwise would be disqualified from participation under subsection (a) of this section shall disclose the nature and circumstances of the conflict, and may participate or act, if:

(1)

The disqualification would leave a body with less than a quorum capable of acting;

(2)

The disqualified public official is required by law to act; or

(3)

The disqualified public official is the only individual authorized to act.

(d)

Annual budget and appropriation ordinance. Nothing in this section shall be construed to affect a vote by a member of the County Council on the annual budget and appropriation ordinance.

(Bill No. 75-11, § 4, 1-1-2012; Bill No. 12-18 , § 1, 4-6-2018)

Editor's note:
  Section 4 of Bill No. 75-11 designated § 7-1-301(d) above as § 7-1-301(e). Amendments to the bill resulted in no text being designated as subsection (d). Therefore, the editor has designated subsection (e) as subsection (d).