WES MOORE, Governor Ch. 370
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Chapter 370
(House Bill 834)
AN ACT concerning
Calvert County – Ethics – Consequences of Conflict of Interest Violations and
Commissioner Expulsion
FOR the purpose of requiring that the conflict of interest provisions enacted by Calvert
County include certain provisions relating to judicial relief for certain violations of
the county’s conflict of interest provisions; requiring the ethics provisions enacted by
Calvert County to include a provision requiring the Calvert County Ethics
Commission to make public any recommendation it makes to expel a Commissioner;
requiring Calvert County to enact a law or regulation to require that authorizes the
removal of a county elected official from office for violations of certain conflict of
interest provisions; and generally relating to conflict of interest and expulsion
provisions in Calvert County.
BY repealing and reenacting, without amendments,
Article – General Provisions
Section 5–807(a) and 5–902
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY adding to
Article – General Provisions
Section 5–811.1
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Local Government
Section 12–107
Annotated Code of Maryland
(2013 Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – General Provisions
5–807.
(a) Subject to § 5–209 of this title, each county and each municipal corporation
shall enact provisions to govern the public ethics of local officials relating to:
Ch. 370 2024 LAWS OF MARYLAND
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(1) conflicts of interest;
(2) financial disclosure; and
(3) lobbying.
5–811.1.
(A) THIS SECTION APPLIES ONLY IN CALVERT COUNTY.
(B) THE COUNTY’S CONFLICT OF INTERE ST PROVISIONS REQUIR ED UNDER
§ 5–807(A)(1) OF THIS SUBTITLE SHA LL INCLUDE A LAW OR REGULATION THAT IS
EQUIVALENT TO OR EXCEEDS THE RE QUIREMENTS OF § 5–902 OF THIS TITLE.
(C) THE COUNTY ’S ETHICS PROVISIONS SHALL INCLUDE A LAW OR
REGULATION THAT REQU IRES THE CALVERT COUNTY ETHICS COMMISSION TO
MAKE PUBLIC ANY RECO MMENDATION IT MAKES TO EXPEL A COMMISSIONER .
5–902.
(a) The court may compel compliance with the Ethics Commission’s order by:
(1) issuing an order to cease and desist from the violation; or
(2) granting other injunctive relief.
(b) (1) The court may also:
(i) impose a fine:
1. not exceeding $5,000 for a violation of this title;
2. with each day that the violation occurs being a separate
offense; and
3. which shall be paid to the State Treasurer and deposited
in the General Fund; or
(ii) except as provided in paragraph (2) of this subsection, void an
official act of an official or employee if:
1. the official or employee had a conflict of interest that is
prohibited by this title;
WES MOORE, Governor Ch. 370
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2. the act arose from or concerned the subject matter of the
conflict;
3. the proceeding was brought within 90 days after the act
occurred; and
4. the court determines that the conflict had an impact on the
act.
(2) The court may not void an official act that:
(i) appropriates public funds;
(ii) imposes a tax; or
(iii) provides for the issuance of a bond, a note, or any other evidence
of public obligation.
(c) After hearing the case, the court may grant all or part of the relief sought.
Article – Local Government
12–107.
(a) This section applies to all counties except Baltimore City.
(b) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an
ordinance, or a resolution adopted by a commission county under this section.
(c) The governing body of a county may enact a law or regulation:
(1) designed to prevent conflicts between the private interests and public
duties of county officers or employees, including the governing body; and
(2) to govern the conduct and actions of county officers and employees,
including the governing body, in performing their public duties.
(d) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, THE governing body of a county may enact a law or regulation to provide for
a penalty, including a fine, a forfeiture, an imprisonment, or a removal from office for
violation of any law or regulation enacted under subsection (c) of this section.
(2) THE GOVERNING BODY OF CALVERT COUNTY SHALL ENACT A LAW
OR REGULATION TO REQUIRE REMOVAL O F THAT AUTHORIZES THE GOVERNING
BODY TO REMOVE A COUNTY ELECTED OFF ICIAL FROM OFFICE FOR V IOLATIONS OF
ANY LAW OR REGULATIO N ENACTED UNDER SUBS ECTION (C) OF THIS SECTION OR § Ch. 370 2024 LAWS OF MARYLAND
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5–807(A)(1) OF THE GENERAL PROVISIONS ARTICLE RELATING TO C ONFLICTS OF
INTEREST.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety, has
been passed by a yea and nay vote supported by three–fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted.
Approved by the Governor, April 25, 2024.