§ 7-1-304. REPRESENTATION RESTRICTIONS.

(a)

Representation by public official.

(1)

(i)

Except as provided in paragraph (2) of this subsection, an elected official may not, for contingent compensation, assist or represent a party in any matter before or involving any agency of the county or state government.

(ii)

Except as provided in paragraph (2) of this subsection, a public official who is not an elected official may not, for contingent compensation, assist or represent a party in any matter before or involving any agency of the county.

(2)

Paragraph (1) of this subsection does not apply to assistance to or representation of a party:

(i)

In a judicial or quasi-judicial proceeding, including a proceeding before an administrative law judge in the state Office of Administrative Hearings, or a matter preliminary, incidental, or collateral to a judicial or quasi-judicial proceeding; or

(ii)

In a matter before or involving the Workers' Compensation Commission, the Maryland Automobile Insurance Fund, or the Criminal Injuries Compensation Board.

(3)

Paragraph (2) of this subsection does not apply to:

(i)

An administrative law judge of the Office of Administrative Hearings; and

(ii)

A member of the Board of Appeals.

(b)

Representation by a former public official.

(1)

In this subsection:

(i)

"Participated significantly" means direct participation in a matter that involves the county government by a former public official in which the former public official's involvement was or appeared to be significant to a decision, approval, or recommendation concerning the county matter;

(ii)

"Participated significantly" includes the participation of a subordinate of the former public official if the subordinate was actually directed in the county issue by the former public official; and

(iii)

"Participated significantly" is not established by official responsibility (although official responsibility may be a factor in determining the significance of the involvement), knowledge, perfunctory involvement, or involvement on an administrative or peripheral matter.

(2)

Except for a former member of the County Council, who shall be subject to the restrictions provided under paragraph (4) of this subsection, a former public official may not assist or represent a party, other than the county or the state, in a case, contract, or other specific matter for compensation if:

(i)

The matter involves county government; and

(ii)

The former public official participated significantly in the matter as a public official.

(3)

A former County Executive, County Administrative Officer or head of an office or department of the county government appointed and confirmed in accordance with § 402(d)(9) of the Charter may not assist or represent a party, other than the county or the state, in a case, contract, or other specific matter involving the county government for compensation for a period of one year following the former employee's termination of employment with the County.

(4)

(i)

Except as provided in subparagraph (ii) of this paragraph, until the conclusion of one year after the member leaves office, a former elected official may not assist or represent another party for compensation in a matter that is the subject of legislative action by the County Council.

(ii)

The limitation under subparagraph (i) of this paragraph on representation by a former elected official does not apply to the former elected official's representation of a municipal corporation, county, or state governmental entity.

(c)

Use of protected information. In representing a party, a former public official may not provide information that the former public official has obtained by reason of his or her employment with the county, which is:

(1)

Protected by the attorney-client privilege;

(2)

Confidential as a matter of law; or

(3)

Exempt from disclosure under the state Public Information Act.

(Bill No. 75-11, § 4, 1-1-2012; Bill No. 44-12, § 2, 7-15-2012; Bill No. 12-18 , § 1, 4-6-2018; Bill No. 4-19 , § 2, 3-31-2019)