Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 19A. State Ethics Commission |
Subtitle 02. CONFLICTS OF INTEREST |
Chapter 19A.02.02. Exception to Financial Interest Prohibition |
Sec. 19a.02.02.03. Exceptions
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Subject to Regulation .04 of this chapter, the Commission may grant an official or employee an exception to Regulation .02 of this chapter for a specific financial interest if:
A. The interest is disclosed as provided in Regulation .05 of this chapter;
B. The employees or official's State duties do not significantly impact on the entity in which the financial interest is held, or on a contract or proposed contract between the entity and the officials or employees governmental unit;
C. The employee or official is not directly supervised by a person who has duties that significantly impact on the entity in which the financial interest is held, or on the contract or proposed contract;
D. The official or employee does not supervise a person who has duties that significantly impact on the entity in which the financial interest is held, or on the contract or proposed contract;
E. The employee or official is not affiliated with the specific unit within the employees or officials governmental unit that exercises authority over the entity in which the financial interest is held, or is involved in contracts with the entity;
F. The employee or official has complied with relevant other sections of the Ethics Law relating to the matters involved;
G. The employees or official's financial interest in the entity involves no substantive non-ministerial duties significantly relating to the employees or officials governmental units authority over the entity;
H. The employees or official's financial interest in the entity does not involve negotiating or carrying out a contract involving the entity and the employees or officials governmental unit, other than contracts involving broad reimbursement payments that are based on a generally applicable standard and that do not involve substantial negotiation or discretion;
I. State contract or contracts do not exceed 20 percent of the calendar year gross income of the entity in which the financial interest is held, one-third of the capitalized value of the entity, or a value at any time during a calendar year of $5,000 or more; and
J. The Commission determines that the employees or official's financial interest and the circumstances do not otherwise raise a conflict of interest or appearance of conflict as contemplated by General Provisions Article, §§5-102 and 5-502, Annotated Code of Maryland.