§ 7-1-302. RESTRICTIONS ON EMPLOYMENT, FINANCIAL INTERESTS, AND AFFILIATIONS.

(a)

In general. Except as provided in subsections (b) and (c) of this section, a public official may not:

(1)

Be employed by or have a financial interest in:

(i)

An entity subject to the authority of that public official or of the agency, board or commission with which the public official is affiliated; or

(ii)

An entity that is negotiating or has entered a contract with the agency, board or commission with which the public official is affiliated or an entity that is a subcontractor on a contract with the agency, board or commission;

(2)

Hold any other employment relationship if that employment relationship would impair the impartiality and independent judgment of the public official; or

(3)

Be employed by, have a financial interest in, or be affiliated with a private entity that is established or created by the county for the purpose of receiving public funds.

(b)

Exceptions. The prohibitions of subsection (a) of this section do not apply:

(1)

To employment or a financial interest allowed by regulation of the Ethics Commission if:

(i)

The employment does not create a conflict of interest or the appearance of a conflict of interest; or

(ii)

The financial interest is disclosed;

(2)

To a public official who is appointed to a regulatory or licensing unit pursuant to a statutory requirement that entities subject to the jurisdiction of the unit be represented in appointments to it; or

(3)

As allowed by regulations adopted by the Commission, to a public official whose government duties are ministerial, if the private employment or financial interest does not create a conflict of interest or the appearance of a conflict of interest.

(c)

Same - Extraordinary situations.

(1)

Subject to paragraph (2) of this subsection, the Ethics Commission may exempt a public official of the administrative services of county government from the prohibitions of subsection (a) of this section if the Commission determines that:

(i)

Failure to grant the exemption would limit the ability of the county to:

1.

Recruit and hire highly qualified or uniquely qualified professionals for public service; or

2.

Assure the availability of competent services to the public; and

(ii)

The number of exemptions granted under this subsection has not tended to erode the purposes of subsection (a) or subsection (b) of this section or other provisions of this title.

(2)

(i)

The Ethics Commission may grant an exemption under paragraph (1) of this subsection only:

1.

In extraordinary situations; and

2.

Upon recommendation of the County Executive at the request of the agency involved.

(ii)

The Ethics Commission shall apply this subsection as consistently as possible under similar facts and circumstances.

(Bill No. 75-11, § 4, 1-1-2012)