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Lobbying Reform
Proposed by
Commissioner John L. Thompson, Jr.
“The board of county commissioners, recognizing that our system of representative government is dependent in part upon the people maintaining the highest trust in their public officials and employees, finds and declares that the people have a right to be assured that the impartiality and independent judgment of public officials and employees will be maintained. It is evident that this confidence and trust is eroded when the conduct of the county’s business is subject to improper influence.”¹
TABLE OF CONTENTS
Staff Report . . . . . . . . . . . . . . . . . . . Tab 1
Proposed Resolution. . . . . . . . . . . . . . . . Tab 2
Proposed Draft Ordinance . . . . . . . . . . . . . Tab 3
¹Statement of purpose of Chapter 1-7.1 of the Frederick County Code, 1979; e.g., §15-101(a) of the State Government Article of the Annotated Code of Maryland; §2(a) & (b) of the Model Local Ethics Law found in Appendix A, Subtitle 04, Title 19A of the Code of Maryland Regulations.
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| Water & Sewer | Lobbying Reform | Property Tax Relief |
STAFF REPORT
TO: Board of County Commissioners (“BOCC”)
FROM: Commissioner John L. Thompson, Jr.
RE: Lobbying Reform
ISSUE: Should the BOCC express an indication of interest in
adopting the proposed new chapter to the Frederick County
Code?Background
The Maryland Public Ethics Law¹ requires local governments to regulate lobbying:
“Each county and municipal corporation shall enact provisions to govern the public ethics of local officials relating to: ...
(3) Lobbying.”²
While local governments must use the State lobbying laws as a guide,³ local government lobbying provisions “shall be modified to the extent necessary to make the provisions relevant to that jurisdiction; and...may be further modified to the extent considered necessary and appropriate by and for that jurisdiction.”4
Local Model Ethics Laws
SG §15-205(b)(1)(iii) requires the State Ethics Commission (“SEC”) to adopt model provisions for local governments that relate to lobbying regulation. The SEC adopted two (2) such model provisions, one for “larger” counties and municipalities5 and one for “smaller” counties and municipalities6.
The major difference between the two models is that the one for “larger” local governments requires lobbyists and those who hire lobbyists to disclose their identities and the amount of revenues and expenses they incur that pertain to lobbying activities. The one for “smaller” local governments does not contain those requirements.
What is a lobbyist?
Unless exempted, the draft ordinance provides that an entity that does one of the following during a calendar year is a lobbyist subject to regulation:
1. The entity:
i) attempts to influence BOCC action or nonaction by
ii) communicating with one or more BOCC members in the presence of one or more BOCC members, and
iii) receives a cumulative amount of $500 or more as compensation;
OR
2. The entity spends at least $2,000 to solicit others to communicate with one or more BOCC members to influence BOCC action.
OR
3. The entity spends at least $500 to provide compensation to one or more entities required to register under this subsection.
What Must a Lobbyist Do?
Under the proposed draft ordinance, a lobbyist must:
1. Register with the County Ethics Commission;
2. Pay an annual fee of $20 into a Lobbyist Registration Fund;
3. File a written authorization to lobby from each of the lobbyist’s clients; and
4. Disclose expenditures made and compensation received for the purpose of influencing BOCC action or nonaction.
Enforcement
The enforcement provisions of the proposed draft ordinance are substantially similar to the enforcement provisions found in §1-7.1-8 of the present County Ethics Ordinance.
Campaign Finance
The lobbying provisions found in the Maryland Public Ethics Law contain considerable disclosure requirements7 and restrictions8 for lobbyists who make political contributions or engage in fundraising activities. However, I did not include similar provisions in the proposed draft ordinance because the State appears to have occupied the field of campaign finance, thus preempting local legislation on the subject:
“[T]he General Assembly, by enacting the comprehensive State Election Code, has completely occupied the field of regulation of campaign finances and thus made clear its intent to exclude local legislation on the subject.”9
“The General Assembly has so forcibly expressed its intent to occupy the field of regulating election finances that an intent to preclude local legislation in that field must be inferred...the matter of election campaign financing was intended to be completely occupied by state law...”10
See also Maryland Attorney General’s Opinion #98-003 (January 27, 1998). Without express authority from the General Assembly, it would appear that a lobbyist’s political contributions and political fundraising activities are not subject to local regulation.
Justification
Your proponent believes that the provisions of the present County Ethics Ordinance that pertain to lobbying11 are based on the Model Local Ethics Law designed for “smaller” counties. Your proponent also believes that Frederick is not a small county and that our lobbying regulations should more closely resemble the provisions of SG §§15-701 through 715 and the Model Local Ethics Law designed for larger counties. The larger counties that have their county code of ordinances online have adopted the Local Model Ethics Law lobbying provisions designed for “larger” counties.12
Those who have the wherewithal to pay lobbyists to influence the BOCC have a considerable advantage over those who do not. Public disclosure of monies expended to influence the BOCC would level the playing field somewhat.
Review by the SEC
C.O.M.A.R. §19A.04.03.02.A provides that a local government may submit a draft of a proposed ordinance to the SEC for its review and consideration.
Public Hearing(s)
Should the BOCC be so inclined, adoption of the proposed ordinance would be a legislative act. Neither the United States nor Maryland Constitutions require notice, hearings or public input when a legislative body adopts legislation:
"Our predecessors have indicated that the constitutional requirement of due process of law is not violated by the absence of notice, a hearing, or even any evidence when a legislative body adopts a legislative act."13
"Procedural due process ensures that citizens are afforded both notice and an opportunity to be heard, where substantive rights are at issue. We have held that the procedural due process right is not infringed, by absence of notice, a hearing, or even any evidence when a legislative body adopts a legislative act. Whether there are requirements of notice or a hearing is determined by reference to the applicable charter provision, or the applicable code."14
The Maryland Public Ethics Law does not require notice or a hearing before a local government adopts or amends an ethics ordinance. Hence, the BOCC is under no constitutional or statutory obligation to hold a public hearing on the proposed draft ordinance. Nonetheless, you proponent believes the BOCC should conduct at least one (1) public hearing. Since a hearing is not necessary, the BOCC is not bound by the normal requirement that any post-hearing substantive changes to the proposal be subject to re-advertising and another hearing.Recommendation
I recommend that the BOCC:
A. Express an indication of interest in having the county’s lobbying regulations more closely resemble the provisions of SG §§15-701 through 715 and §7 Model Local Ethics Law designed for larger counties.
B. Adopt the accompanying resolution.
C. Submit the resolution and draft ordinance to the State Ethics Commission for its review and consideration.
D. Authorize and direct staff to schedule one (1) or more public hearings on the proposed draft ordinance.
Respectfully Submitted,
John L. Thompson, Jr.
County Commissioner
1Codified as Title 15 of the State Government Article (“SG”) of the Annotated Code of Maryland.
2SG §15-803
3SG §15-806 provides, in pertinent part: “The lobbying provisions enacted by a county…shall be substantially similar to the provisions of Subtitle 7 of [Title 15].”
4SG§15-806
5Set forth in C.O.M.A.R. Title 19A, Subtitle 04, Appendix A.
6Set forth in C.O.M.A.R. Title 19A, Subtitle 04, Appendix B.
7SG §§15-707 and 715
8SG §15-714
9County Council for Montgomery County v. Montgomery Association, Inc., 274 Md. 52, 57, 333 A.2d 596, 599 (1975)
10id., 274 Md. at 60, 333 A.2d at 600
11§1-7.1-6 of the Frederick County Code, 1979, adopted as part of Ordinance #82-5-249 on April 13, 1982.
12See Montgomery County Code, §§19A – 21 through 26; Anne Arundel County Code, Article 9, §§5-101 through 106; Howard County Code, §22.206; Harford County Code, §23-17.
13Swarthmore Company v. Kaestner, 258 Md. 517, 532-533, 266 A.2d 341 (1970).
14Boitnott v. Mayor and City Council of Baltimore, 356 Md. 226, 244, 738 A.2d 881 (1999) (citations omitted).
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| Water & Sewer | Lobbying Reform | Property Tax Relief |
PROPOSED RESOLUTION
RESOLUTION #02- ___________________
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF FREDERICK COUNTY, MARYLAND (“BOCC”) EXPRESSING AN INDICATION OF INTEREST IN ADOPTING A NEW CHAPTER 1-7.2 TO THE FREDERICK COUNTY CODE, 1979 (“CODE”)
RECITALS
WHEREAS, §15-803(3) of the State Government Article ("SG") of the Annotated Code of
Maryland and §19A.04.03.01.A. of the Code of Maryland Regulations (“C.O.M.A.R.”) require each
county to enact provisions to govern the public ethics of local officials relating to lobbying; and
WHEREAS, SG §15-806 requires that the provisions enacted by a county pertaining to
lobbying be substantially similar to the provisions of SG §§15-701 through 715; and
WHEREAS, pursuant to SG §15-205(b)(1)(iii), the State Ethics Commission adopted a Model
Local Ethics Law, set forth in C.O.M.A.R. Title 19A, Subtitle 04, Appendix A, as a guide for larger
counties and municipalities (“Model Local Ethics Law”); and
WHEREAS, the BOCC desires that the provisions of the Code pertaining to lobbying should
more closely resemble the provisions of SG §15-701 through 715 and the Model Local Ethics Law,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR FREDERICK COUNTY, MARYLAND
§1. Expression of Indication of Interest – The BOCC express an indication of interest in
adopting provisions to the Code pertaining to lobbying that more closely resemble the provisions of
SG §15-701 through 715 and the Model Local Ethics Law.
§2. Public Hearing – The County Manager is authorized and directed to schedule at least one
(1) public hearing on the attached draft ordinance.
§3. Submittal of Draft Ordinance for Review – Pursuant to C.O.M.A.R. §19A.04.03.02.A., the
County Manager and the County Attorney’s Office are authorized and directed to submit the
attached draft ordinance to the State Ethics Commission for its review and consideration.
The undersigned hereby certifies that the Board of County Commissioners of Frederick
County, Maryland approved and adopted the foregoing ordinance on the _______day of
____________, 2002.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF FREDERICK COUNTY, MARYLANDBy:
_____________________________ _____________________________
Ronald A. Hart, County Manager David P. Gray, President
PROPOSED
DRAFT ORDINANCE
ORDINANCE # ___________________
AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS FOR FREDERICK COUNTY, MARYLAND (“BOCC”) TO ESTABLISH A NEW CHAPTER 1-7.2 OF THE FREDERICK COUNTY CODE, 1979 ("CODE")
PREAMBLE
WHEREAS, §15-803(3) of the State Government Article ("SG") of the Annotated Code of
Maryland and §19A.04.03.01.A. of the Code of Maryland Regulations (“C.O.M.A.R.”) require each
county to enact provisions to govern the public ethics of local officials relating to lobbying; and
WHEREAS, SG §15-806 requires that the provisions enacted by a county pertaining to
lobbying be substantially similar to the provisions of SG §§15-701 through 715; and
WHEREAS, pursuant to SG §15-205(b)(1)(iii), the State Ethics Commission adopted a
Model Local Ethics Law, set forth in C.O.M.A.R. Title 19A, Subtitle 04, Appendix A, as a guide for
larger counties and municipalities (“Model Local Ethics Law”); and
WHEREAS, the BOCC desires that the provisions of the Code pertaining to lobbying should
more closely resemble the provisions of SG §15-701 through 715 and the Model Local Ethics Law,
NOW THEREFORE, BE IT ORDAINED BY THE BOCC THAT:
§1. Incorporation of Preamble - The preamble is incorporated herein by reference.
§2. Enactment of New Chapter 1-7.2 of the Code - A new chapter 1-7.2 of the Code is hereby
enacted to read as follows:
"Chapter 1-7.2
LOBBYING
Statement of purpose
The BOCC enacts this chapter to enable the public to know the amounts paid to lobbyists for
the purpose of influencing BOCC action.
ARTICLE I. IN GENERAL
§1-7.2-1. Definitions.
The words used in this chapter shall have their normal accepted meanings except as set forth
below:
(a) BOCC. - "BOCC" shall mean the Board of County Commissioners of Frederick County,
Maryland.
(b) BOCC action. (1) "BOCC action" means an official action or nonaction relating to a
resolution, ordinance, appointment, report, appropriation, expenditure or other matter within the
BOCC's jurisdiction.
(2) "BOCC action" includes the following actions:
(i) introduction;
(ii) sponsorship;
(iii) consideration;
(iv) debate;
(v) amendment;
(vi) passage;
(vii) defeat; or
(viii) approval.
(c) Compensation. (1) "Compensation" means money or any other valuable thing, regardless
of form, received or to be received by a person from an employer for services rendered.
(2) For purposes of this chapter, if lobbying is only a portion of a person's employment,
"compensation" means a prorated amount that is based on the time devoted by the person to
lobbying compared to the time devoted to other employment activities.
(d) County Official. - "County Official" means a member or member-elect of the BOCC.
(e) Employer. - "Employer" means an entity that pays or agrees to pay compensation to
another entity for services rendered.
(f) Entity. - "Entity" means:
(1) a person; or
(2) a government or instrumentality of government.
(g) Ethics Commission. - "Ethics Commission" means the Frederick County Ethics
Commission established pursuant to §1-7.1-3 of the Code.
(h) Lobbying. - "Lobbying" means performing any act that requires registration under §1.7.2-2
of this chapter.
(i) Person. - "Person" means an individual, receiver, trustee, guardian, personal representative,
fiduciary, or representative of any kind and any partnership, limited liability partnership, limited
partnership, limited liability company, corporation, firm, or association.
(j) Regulated lobbyist. - "Regulated lobbyist" means an entity that is required
to register with the Ethics Commission pursuant to §1-7.2-2(a).
(k) State. - "State" means the State of Maryland.
§1-7.2-2. Generally.
(a) Registration required. - Unless exempted under subsection (b) of this section, an entity shall
register with the Ethics Commission as provided in this subtitle, and shall be a "regulated lobbyist"
for the purposes of this title, if, during a calendar year, the entity:
(1) for the purpose of influencing BOCC action:
(i) communicates with one or more County Officials in the presence of one or more
County Officials; and
(ii) earns at least $500 as compensation;
(2) spends at least $2,000, including postage, for the express purpose of soliciting
others to communicate with one or more County Officials to influence BOCC action; or
(3) spends at least $500 to provide compensation to one or more entities required to
register under this subsection.
(b) Exempted activities. - (1) The following activities are exempt from regulation under this chapter:
(i) appearances as part of the official duties of an elected or appointed official or
employee of the State, a political subdivision of the State, or the United States, to the
extent that the appearance is not on behalf of any other entity;
(ii) actions of a member of the news media, to the extent the actions are in the
ordinary course of gathering and disseminating news or making editorial comment to
the general public;
(iii) representation of a bona fide religious organization to the extent the
representation is for the purpose of protecting the right of its members to practice the
doctrine of the organization;
(iv) appearances as part of the official duties of an officer, director, member, or
employee of an association engaged exclusively in representing counties or municipal
corporations, to the extent that the appearance is not on behalf of another entity; or
(v) actions as part of the official duties of a trustee, an administrator, or a faculty
member of a nonprofit independent college or university in the State, provided the
official duties of the individual do not consist primarily of attempting to influence BOCC
action.
(2) The following activities are exempt from regulation under this chapter if the individual
engages in no other acts during the reporting period that require registration:
(i) professional services in drafting proposed legislation or in advising clients on
the construction or effect of proposed or pending legislation;
(ii) appearances at a meeting of the BOCC at the specific request of the BOCC; or
(iii) appearances at a meeting of the BOCC at the specific request of a regulated
lobbyist, if the witness notifies the BOCC that the witness is testifying at the request of
the regulated lobbyist.
(c) Limited exemptions - Employer of regulated lobbyist.
(1) Except for providing the authorization required by §1-7.2-3 of this chapter andthe report required by §1.7.2-5 of this chapter, an entity that compensates one or more
regulated lobbyists, and that reasonably believes that all expenditures requiring
registration will be reported by the regulated lobbyist or lobbyists, is exempt from the
registration and reporting requirements of this chapter if the entity engages in no other
act that requires registration.
(2) If a regulated lobbyist compensated by an entity that is exempt under
paragraph (1) of this subsection fails to report the information required by this
chapter, the entity immediately shall become subject to the registration and reporting
requirements of this chapter.
COMMENT
SG §15-701(a)(1), (5) & (6) and §7(a) of the Model Local Ethics Law serve as a guide for subsection (a). SG §15-701(b)(1) & (2) and §7(l) of the Model Local Ethics Law serve as a guide for subsection (b). SG §15-701(c) and §7(m) of the Model Local Ethics Law serve as a guide for subsection (c). As SG §§15-701 through 715 and the Model Local Ethics Law do not contain exceptions for attorneys or other professionals, none is included here.
§1-7.2-3. Authority to lobby.
(a) Written authorization.
(1) An entity that engages a regulated lobbyist for the purpose of lobbying shall
provide a signed authorization for the regulated lobbyist to act.
(2) If the entity is a corporation, an authorized officer or agent, other than the
regulated lobbyist, shall sign the authorization.
(b) Same - Terms and conditions. - The authorization to act required by subsection (a) of this
section shall include:
(1) the full legal name and business address of the entity and of the regulated
lobbyist;
(2) subject to subsequent modification, the period during which the regulated
lobbyist is authorized to act; and
(3) the proposal or subject on which the regulated lobbyist represents the entity.
COMMENTSG §15-702 and §7(c) of the Model Local Ethics Law serve as a guide for this section.
§1.7.2-4. Registration with Ethics Commission.
(a) Registration required. (1) At the times specified in subsection (d) of this section, each
regulated lobbyist shall register with the Ethics Commission.
(2) A regulated lobbyist shall register separately for each entity that has engaged the regulated
lobbyist for lobbying purposes.
(b) Contents. - Each registration shall include, if applicable, the following information:
(1) the regulated lobbyist's name and permanent address;
(2) the name and permanent address of each other regulated lobbyist that
will be lobbying on the regulated lobbyist's behalf;
(3) the name, address, and nature of business of the entity, if any, that has
engaged the regulated lobbyist for lobbying purposes, accompanied by a
statement indicating whether, because of the filing and reporting of the
regulated lobbyist, the compensating entity is exempt under §1-7.2-2(c) of
this chapter; and
(4) the identification, by formal designation, if known, of the matters on
which the regulated lobbyist expects to perform acts, or to engage another
regulated lobbyist to perform acts, that require registration under this
chapter.
(c) Filing of authorization statement. - If applicable, each registration shall include the
authorization required by §1-7.2-3 of this chapter
(d) Registration filing - Time. (1) A regulated lobbyist who is not currently registered shall
register within five (5) days after first performing an act that requires registration under this chapter.
(2) A regulated lobbyist shall file a new registration on or before July 31 of each
year if, on that date, the regulated lobbyist is engaged in lobbying.
(e) Fee. (1) Each registration shall be accompanied by a fee of $20.
(2) The fee shall be credited to the Lobbyist Registration Fund established under
§1-7.2-9 of this chapter.
(f) Termination of registration. (1) Except as provided in paragraph (2) of this subsection,
each registration terminates on the earlier of:
(i) the June 30 following the filing of the registration; or
(ii) an earlier termination date specified in an authorization filed with
respect to that registration under §1-7.2-3 of this chapter.
(2) A regulated lobbyist may terminate the registration before the date specified in
paragraph (1) of this subsection by:
(i) ceasing all activity that requires registration;
(ii) after ceasing activity in accordance with item (i) of this paragraph,
filing all reports required by this chapter; and
(iii) within 30 days after filing its final report, filing a notice of
termination with the Ethics Commission.
COMMENT
SG §15-703 and §7(a), (c), (d) & (e) of the Model Local Ethics Law serve as a guide for this section.
§1-7.2-5. Reports.
(a) Generally. (1) A regulated lobbyist shall file with the Ethics Commission, under oath and for
each registration, a separate report concerning the regulated lobbyist's lobbying activities by July
31 of each year, to cover the period from July 1 of the previous year through June 30 of the current
year.
(2) If the regulated lobbyist is not an individual, an authorized officer or agent of the
regulated lobbyist shall sign the report.
(3) If a prorated amount is reported as compensation, it shall be labeled as
prorated.
(b) Required information. - A report required by this section shall include: (1) a complete,
current statement of the information required under §1-7.2-4(b); and;
(2) total expenditures in connection with influencing BOCC action in each of the
following categories:
(i) total compensation paid to the regulated lobbyist;
(ii) publications that expressly encourage communication with one or
more County Officials; and
(iii) witnesses, including the name of each and the fee and expenses
paid to each.
COMMENT
SG §15-704 and §7(g) of the Model Local Ethics Law serve as a guide for this section. The provisions contained in §15-704 and §7(g) pertaining to food, meals, lodging, beverages, receptions, tickets, free admissions and gifts are not carried over into this section. Those items are otherwise dealt with in §1-7.1-6 of the Ethics chapter of the Code. The purpose of this chapter is to make public the amount of compensation paid to regulated lobbyists who attempt to influence BOCC action.
§1-7.2-6. Additional Reports.
The Ethics Commission may require a regulated lobbyist to file any additional report the Ethics
Commission determines to be necessary.
COMMENT
SG §15-711 and §7(i) of the Model Local Ethics Law serve as a guide for this section.
§1-7.2-7. Public Inspection of Registrations and Reports.
Except as provided in §1-7.2-8, all registrations and reports filed pursuant to this chapter shall
be made available for public inspection during normal office hours. Copies shall be made available
in accordance with the provisions of §10-620 of the Maryland Public Information Act.
COMMENT
§7(j) of the Model Local Ethics Law served as a guide for this section.
§1-7.2-8. Notice to County Official named in report.
(a) If a report under §1-7.2-5(b) contains the name of a County Official or the name of a County
Official's immediate family, the Ethics Commission shall:
(1) notify the County Official within 30 days of receipt of the report by the Ethics
Commission; and
(2) keep the report confidential for 60 days after its receipt.
(b) Within 30 days after receiving the notice, the County Official may submit a written exception
to the inclusion in the report of the name of the County Official or
member of the County Official's immediate family.
COMMENT to §1-7.2-8 above
SG §15-712(b) and §7(h) of the Model Local Ethics Law served as a guide for this section. Its purposes are to give a County Official a reasonable opportunity file an exception to the contents of a regulated lobbyist's report.
§1-7.2-9. Prohibitions.
A regulated lobbyist may not:
(a) be engaged for lobbying purposes for compensation that is dependent in any manner on:
(1) the enactment or defeat of legislation; or
(2) any other contingency related to BOCC action.
(b) while engaging in lobbying activities on behalf of an entity, knowingly conceal from a
County Official, the identity of the entity.
COMMENT
SG §15-713(1) and §7(f) of the Model Local Ethics Law served as a guide for subsection (a).
SG §15-713(12) served as a guide for subsection (b).
§1-7.2-10. Lobbyist Registration Fund.
(a) Fund established. (1) There is a Lobbyist Registration Fund.
(2) The Fund includes all fees collected under this chapter.
(b) Fund to be non-lapsing. - The Fund is a continuing, non-lapsing fund.
(c) Administration of Fund.
(1) The County Treasurer shall collect, and the Director of Finance shall hold and
account for, the Fund.
(2) The Fund shall be invested and reinvested in the same manner as other county
funds.
(3) Expenditures from the Fund shall be made in accordance with an
appropriation approved by the Board of County Commissioners in the annual budget.
(d) Uses of Fund. - The Fund shall be used to defray the
expenses of administering this chapter.
COMMENT
SG §15-210 served as a guide for this section.
§1-7.2-11. Chapter additional and supplemental.
The requirements set forth in this chapter are additional and supplemental to the provisions of
Chapter 1-7.1. An act by a person may be reportable under the provisions of both chapters. In that
event, the person must comply with the provisions of both chapters.
COMMENT
This chapter and §1-7.1-6 both address "lobbying" but in very different ways. In general, persons who desire to influence County Officials may do so by: i) communicating with a County Official; ii) bestowing things of value upon a County Official; or iii) paying someone else to communicate with a County Official.
The first form of influence is not subject to regulation by this chapter or Chapter 1-7.1.
The provisions of §1-7.1-6 govern expenditures over $500 for food, entertainment and gifts to a very broad range of County Officials and county employees. That section does not address compensation paid to lobbyists to influence the BOCC.
This chapter is concerned with the practice of paying lobbyists to influence the BOCC. This chapter does not address the provision of food, entertainment and gifts, as §1-7.1.6 governs the subject.
ARTICLE II. ENFORCEMENT
§1-7.2-20. Cease and Desist Order.
The Ethics Commission may issue a cease and desist order against any person found to be in
violation of this chapter.
COMMENT
SG §15-405(c)(1) and §1-7.1-8(a) of the Code served as a guide for this section.
§1-7.2-21. Petition by Ethics Commission.
To compel compliance with a cease and desist order, the Ethics Commission may file a
petition in the Circuit Court for Frederick County.
COMMENT
SG §15-901 and §1-7.1-8(a) of the Code served as a guide for this section.
§1-7.2-22. Criminal penalties.
(a) In general. - A person who knowingly violates this chapter is guilty of a misdemeanor and
on conviction is subject to a fine not exceeding One Thousand Dollars ($1,000) or imprisonment
not exceeding one (1) year or both.
(b) Officers and partners. - If the person is not an individual, each officer or
partner who knowingly authorizes or participates in a violation of this chapter is
guilty of a misdemeanor and on conviction is subject to the penalty specified in
subsection (a) of this section.
COMMENT
SG §15-903 and §8(b) of the Model Local Ethics Law served as a guide for this
section."
§3. Comments – The BOCC intends for the Comments appended to this Ordinance to be a
useful aid in the interpretation and construction of this Ordinance.
§4. Effective Date - The provisions of this ordinance shall become effective at 12:01 a.m. on
July 1, 2002. The first report by a regulated lobbyist shall be due July 31, 2003 for the year
beginning July 1, 2002 through and including June 30, 2003.
The undersigned hereby certifies that the Board of County Commissioners of Frederick County,
Maryland approved and adopted the foregoing ordinance on the ________day of ____________,
2002.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF FREDERICK COUNTY, MARYLANDBy:
_____________________________ _____________________________
Ronald A. Hart, County Manager David P. Gray, President
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