Expedited Bill No. --'4--.9---.1-=-5_ _ __
Concerning: Ethics - Update
Revised: January 28. 2016 Draft No.
L
Introduced:
December 31. 2015
Enacted:
February 2. 2016
Executive: - - - - - - - - -
Effective: - - - - - - - - -
Sunset Date: _N""""o=n=e_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Leventhal
AN EXPEDITED ACT
to:
(1)
revise certain provisions of the County Ethics Law governing conflicts of interest and
financial disclosure to meet certain requirements of State law; and
(2)
generally update and amend the County Ethics Law.
By amending
Chapter SA. Cable Communications
Sections SA-30 and SA-31
Chapter 19A, Ethics
Sections 19A-8, 19A-13, and 19A-19
Chapter 24. Health and Sanitation
Section 24-50
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Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law uncif.fected by bill.
The County Council for Montgomery County, Maryland approves the following Act.·
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EXPEDITED BILL NO.
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Sec. 1. Sections SA-30, SA-31, 19A-8, 19A-13, [[and]] 19A-19, and 24-50
are amended as follows:
8A-30. Cable and Communications Advisory Committee.
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(a)
Established. The Cable and Communications Advisory Committee
may provide advice and recommendations to the County Executive,
County Council, and the Department of Technology Services on all
telecommunications issues, including the administration of this Chapter
and any franchise agreement or application.
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(b)
The Advisory Committee should meet quarterly or more frequently if
requested by the County Executive or County Council or if the Chair or
Committee finds it necessary.
(c)
The Advisory Committee must have 15 voting members appointed by
the Executive and confirmed by the Council for 3-year terms. The
members should broadly represent technology areas.
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(d)
The membership must include one representative selected by the
Montgomery County Chapter of the Maryland Municipal League; one
representative selected by the City of Rockville; and one representative
selected by the City of Takoma Park. The members annually must elect
the chairperson and vice chairperson of the Committee. A person must
not serve more than 2 consecutive terms as chairperson.
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(e)
Members are subject to Chapter 19A [[,except that finandal disclosure
statements are confidential and limited to communications-related
activities and interests]].
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8A-31. Cable Compliance Commission.
(a)
Established.
The Cable Compliance Commission is established to
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adjudicate subscriber complaints involving customer cable service and
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ExPEDITED BILL NO.
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other consumer protection claims that arise under this Chapter, any
regulation adopted or franchise agreement approved under this Chapter,
or Section 11-4A.
(b)
Membership.
The Commission is comprised of 5 voting members
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appointed by the County Executive and confirmed by the County
Council. Each appointee must be appointed to a 3-year term. The
Commission should include:
(1)
a cable television service subscriber;
a broadband Internet service subscriber;
an individual with general business experience; and
an individual with technical experience in communications.
(2)
(3)
(4)
(
c)
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(
d)
Officers.
The Commissioners annually must elect a chair and vice chair
of the Commission.
An
individual must not serve more than 2
consecutive terms as chair.
Reserved.
Ethics.
Each member of the Commission is subject to Chapter 19A [[,
(e)
except that the member must file a limited public financial disclosure
statement regarding any communication-related activities and interests
and a full confidential financial disclosure statement]].
19A-8. Waivers.
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(
c)
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After receiving a written request, the Commission may waive the
prohibitions of Section [19A-13] 19A-13(b) ifit finds that:
(1)
failing to grant the waiver may reduce the ability of the County to
hire or retain highly qualified public employees; or
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(2)
the proposed employment is not likely to create an actual conflict
. of interest.
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(a)
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19A-13. Employment of former public employees.
A former public employee must not work on or otherwise assist any party,
other than a County agency, in a case, contract, or other specific matter
[for 10 years after the last date] if the employee significantly participated
in the matter as a public employee.
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19A-19.
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Content of financial disclosure statement.
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(a)
Each financial disclosure statement filed under Section 19A-17(a) must
disclose the following:
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(8)
(A)
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Sources ofearned income.
The statement must list the name and address
of~
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ill
(ii)
each employer of the filer, other than the County
Government[,];
[or a] each employer
of~
member of the filer's
immediate family[,]; and
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(iii)
each business entity of which the filer or a member
of the filer's immediate family was a sole or partial
owner and from which the filer or member of the
filer's immediate family received earned income at
any time during the reporting period.
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[(C)
If
a source of earned income and the filer have a confidential
relationship which creates a privilege against testifying
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under state law, the filer need not report the identity of the
source unless the source:
(i)
is registered or must register as a lobbyist on a matter
that is or could be considered by the County agency
with which the filer is affiliated;
(ii)
does business with the County agency with which the
filer is affiliated;
(iii)
owns or operates a business that is regulated by the
County agency with which the filer is affiliated; or
(iv)
has
an
economic interest that is different from the
public interest, which the filer may substantially
.affect in performing the filer's official duties,
in which case the identity of the source must be disclosed
confidentially to the Commission in a manner prescribed by
the Commission.]
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24-50. Members; appointments; terms.
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(a)
(b)
Total members.
The Board has 17 members.
Ex officio members.
Subject to confirmation by the County Council, the
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County Executive should appoint the following individuals to serve as ex
officio members of the Board:
(1)
(2)
The County Health Officer or Officer's designee; and
The Chief of the Department's Behavioral Health and Crisis
Service or the Chiefs designee.
(c)
Other members.
Subject to confirmation by the County Council, the
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County Executive should appoint the following individuals to serve on
the Board:
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(1)
2 representatives of community health care providers that
participate in the Program;
(2)
(3)
1 representative of hospitals that participate in the Program;
The chair of the Board of Directors of the entity that contracts with
the Department to administer the distribution of funds for the
delivery of Program services or the chair's designee;
(4)
( 5)
3 members of the public;
3 individuals who have knowledge of and experience with issues
relating to health care for uninsured individuals such as primary
care, specialty care, dental care, behavioral health care, or fiscal
matters relating to any of these types of care;
( 6)
(7)
(8)
(9)
1 representative of the Commission on Health;
1 representative of the County Medical Society;
2 current or former recipients of services under the Program; and
1 representative from a Managed Care Organization who is
familiar with Medicaid and insurance issues affecting low-income
populations.
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(f)
Conflicts ofInterest.
(1)
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Section 19A-1 l(a) does not apply to a member appointed under
subsection (c).
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(2)A member appointed under subsection (c) must [[:
(A)
file a limited public financial disclosure statement that
complies with Section 19A-17(a)(6); and
(B)]] publicly disclose to the Board the nature and circumstances
of
any
conflict
before
voting
on
any
Board
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recommendation.
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Sec. 2.
Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date on which it becomes
law.
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Approved:
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Nancy FIOreell:fesident, County Council
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Approved:
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Isiah Leggett, County Executive
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Date
This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk of the Council
Date
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