§ 2-292. Administration.

(a)

There is a Prince George's County Board of Ethics which shall be composed of five (5) members, appointed by the County Executive and confirmed by the County Council. All members shall reside in and be qualified voters of the County. Rejection of any nominee to this Board shall be by vote of a majority of the full Council. No more than three (3) members of the Board may be of the same political party. The Board shall elect one (1) member as Chairman. The term of the Chairman is one year. The Chairman may be re-elected. No member of the Board shall be an officer or employee of the County.

(1)

The term of office of each member of the Board shall be for three (3) years and staggered so that the terms of no more than two members shall expire in any year. A member appointed to fill a vacancy occurring prior to the expiration of the term for which one's predecessor was appointed shall be appointed in the same manner as prescribed in the preceding paragraph of this Section and shall serve for the remainder of such term. No member may serve more than two consecutive full terms. A member may serve until a successor is appointed and qualifies.

(2)

When the County Executive finds that a member is temporarily or permanently incapacitated, he shall, by Executive Order, designate a substitute member of the Board of the same political party to serve in the regular member's place during such incapacity; and while so serving the said substitute member shall have all the powers and authority and be subject to all the duties of any regularly appointed member of the Board of Ethics. If, in the judgment of the Chairman, the lack of attendance of any member of the Board is impeding the work of the Board, the Chairman shall so notify the County Executive and the County Council.

(3)

The Board shall meet at the call of the Chairman, and at such other times as may be requested by the County Executive or County Council, provided that the Board shall hold a minimum of five (5) scheduled meetings per year.

(A)

Three (3) members shall constitute a quorum for the transaction of business.

(4)

The Board shall be assisted in carrying out its responsibilities by the Office of Ethics and Accountability. If a conflict of interest under Section 2-293 of this Division or other conflict prohibits the County Attorney or the Office of Ethics and Accountability from assisting the Board in a matter, the County shall provide sufficient funds for the Board to hire independent counsel for the duration of the conflict.

(5)

The County Executive shall furnish the Board stenographic services, physical facilities, and other necessary administrative services and employees.

(6)

The Board shall submit not later than August 30 of each year to the County Executive and to the County Council a report of its activities under this law covering the immediately preceding calendar year, including a summary statement concerning the nature of all complaints filed with it, its decisions, and advisory opinions; provided, however, that all such information shall meet the requirements for confidentiality contained in this Section. The report shall also contain information relating to the most common errors made in the Financial Disclosure Statements filed with the Board.

(7)

The Board shall make recommendations for legislation as it deems appropriate.

(b)

The Board shall be the advisory body responsible for interpreting this Division and advising persons subject to it as to its application.

(c)

The Board shall be responsible for hearing and deciding, on advice of the Office of Ethics and Accountability (or other legal counsel if appropriate), all complaints filed regarding alleged violations of this Division by any person.

(d)

The Board or an office designated by the Board retain as a public record all forms submitted by any person in accordance with this Division for at least four years after receipt by the Board.

(e)

The Board shall be responsible for conducting a public information and education program regarding the purpose and implementation of this Division.

(f)

The Board shall certify to the State Ethics Commission on or before October 1 of each year that the County is in compliance with the requirements of State Government Article, Title 15, Subtitle 8, Annotated Code of Maryland, for elected local officials.

(g)

The Board shall determine if changes to this Division are required to be in compliance with the requirements of State Government Article, Title 15, Subtitle 8, Annotated Code of Maryland, and shall forward any recommended changes and amendments to the County Council for enactment.

(h)

Any official or other person subject to the provisions of this Division may request an advisory opinion from the Board concerning the application of this Division. The Board shall respond promptly to these requests, providing interpretations of this Division based on the facts provided or reasonably available to the Board within 60 days of the request. Copies of these interpretations, with the identity of the subject deleted, shall be published and otherwise made available to the public in accordance with any applicable State or Prince George's County law regarding public records. The Board may adopt additional policies and procedures related to the advisory opinion request process.

(i)

Any person may file with the Board a complaint alleging a violation of any of the provisions of this Division. These complaints shall be written and under oath and may be referred to the Office of Ethics and Accountability or other legal counsel, if appropriate, for investigation and review. If, after receiving an investigative report, the Board determines that there are insufficient facts upon which to base a determination of a violation, it may dismiss the complaint. If there is a reasonable basis for believing a violation has occurred, then the subject of the complaint shall be afforded an opportunity for a hearing conducted in accordance with the Board's applicable rules of procedure for actions taken on the record. Any final determination resulting from the hearing shall include findings of fact and conclusions of law. Upon a finding of a violation, the Board may take any enforcement action provided for in accordance with Section 2-297 of this Division. Notwithstanding any other provision of law to the contrary, following the filing of a complaint, and unless and until the matter is referred for prosecution or a finding of a violation has been made, the proceedings, meetings, and activities of the Board and its staff in connection with the complaint shall be conducted in a confidential manner. Failure of the Board or its staff to maintain the confidentiality of information acquired in connection with the complaint shall be a misdemeanor subject to the penalty set forth in Section 1-123 of this Code. A finding of a violation is public information. The Board may adopt additional policies and procedures related to complaints, complaint hearings, the use of independent investigators and staff, and cure and settlement agreements.

(j)

The Board shall hold a public hearing to review the propriety of any transaction involving the acquisition, lease, or disposition of real property between the County and:

(1)

Any person required to file a financial disclosure statement pursuant to Section 2-294 of this Code, or the spouse, parent, child, or sibling of such person; or

(2)

Any official elected pursuant to the Constitution of the State of Maryland to serve the residents of Prince George's County, or the spouse, parent, child, or sibling of such person; or

(3)

Any business entity in which a person described in (1) or (2), above, has a legal or equitable financial interest.

At the conclusion of the hearing the Board shall issue its determination as to whether such transaction is in compliance with the provisions of this Division. The Board shall publish notice of the public hearing in the County newspapers of record. Such notice shall reflect the nature of the transaction to be reviewed and the parties involved.

(k)

The Board may assess a late fee of $2.00 per day up to a maximum of $250.00 for a failure to timely file a financial disclosure statement required under Section 2-294 of this Division, and may assess a late fee of $10.00 per day up to a maximum of $250.00 for a failure to timely file a lobbyist registration or lobbyist report required under Section 2-295 of this Division.

(CB-26-1982; CB-94-1990; CB-99-1992; CB-2-1998; CB-36-2012; CB-84-2014)