Sec. 19a.03.02.01. Faculty Members Required to Disclose

A. Faculty members at State institutions of higher education who are, in their capacity as faculty members, public officials under COMAR 19A.01.01.02W and who are not also public officials due to their employment in another State position which comes under the definition of public official, are not public officials required to file financial disclosure unless they meet one or both of the criteria set forth in §§B and C of this regulation.

B. Direct Procurement.

(1) Faculty member's official responsibilities include the direct procurement of goods, services, real estate or other items, other than routine supplies and routine classroom or laboratory materials which are not reasonably expected to have an annual dollar volume in excess of $2,000.

(2) For the purposes of §B(1) of this regulation, "direct procurement" includes but is not limited to placing an order with a vendor, approval of bills or invoices, signing of sales agreements, or selection of vendors.

C. Direct Influence.

(1) Faculty member's position, due to its responsibilities, nature, expertise or placement in the institution, involves some continuing likelihood (based on position description or actual past activities carried out in the position) of directly influencing or otherwise directly affecting the formation or execution of one or more State contracts, purchases or sales reasonably expected to have an annual dollar volume in excess of $10,000.

(2) For the purposes of §C(1) of this regulation, "directly influencing or otherwise directly affecting" the formation or execution of a contract shall be deemed to include:

(a) Recommending a vendor;

(b) Providing the required signature, approval or other sign-off of a document relating to specifications, a purchase or a payment;

(c) Being involved in communications or conferences with potential contractors in an attempt to arrange the terms of a purchase, lease, or contract;

(d) Preparing specifications, being a principal advisor regarding specifications, or approving specifications which form the basis for part or all of a contract;

(e) Determining or being a principal advisor in determining terms acceptable to the State.

(3) As used in §C(1), of this regulation, "directly influencing or otherwise directly affecting" the formation or execution of a contract does not include the generic identification of the need for an item without any further activity to directly influence or otherwise directly affect the transaction.