Maryland’s Public Ethics Law P-20 Leadership Council

Maryland’s Public Ethics Law P-20 Leadership Council

Today’s Goals Understand the “time of appointment” exception that applies to board candidates Become familiar with the Public Ethics Law as it applies to members of State boards

What Is The Purpose Of The Law? Helps officials/employees avoid improper influence and appearance of improper influence Assures citizens of the impartiality and independent judgment of officials and employees Requires officials/employees to disclose financial affairs and to meet minimum standards of ethical conduct

The State Ethics Commission Five Commissioners, appointed to 5-year terms Charged with administering the Public Ethics Law Provides advice, issues formal opinions, regulates lobbyists, undertakes enforcement action Supported by a 12-member staff

Public Ethics Law Conflicts of Interest

What if you are an school administrator and a member of the P-20 Leadership Council. During your term you are offered a position with PARCC Assessments. Can you accept the position?

Employment/Financial Interest Absent an exception, a board member may not be employed by, or have a financial interest in: an entity regulated by the member’s board or agency an entity that is negotiating or has entered a contract with the member’s board or agency

Two Exceptions I. This prohibition does not apply to a member of a board where the statute governing the board requires appointment of persons regulated by the board

Two Exceptions II. This prohibition does not apply to a member of a board who holds the employment or financial interest when appointed, and the employment or financial interest is publicly disclosed to the appointing authority, the Ethics Commission and if applicable, the Senate

What if with regard to the previous scenario, you are working for PARCC at the time you are being considered for appointment to the Board. Does this impact your ability to accept the position?

What if you serve on the P-20 Leadership Council and your spouse is a part owner of Education for You, a company that provides GED prep services in Maryland and is asked to do research for the Council. Is there a problem here?

Financial Interests The Law defines financial interest as: Ownership of more than 3% of a business entity by employee or spouse; Ownership of securities that represent more than 3% of a business entity by employee or spouse; Ownership of an interest where owner has received in past 3 years, is currently receiving or will receive more than 1,000 per year.

What if in the previous scenario, your spouse’s company is awarded a contract to provide services to another DLLR board, or to DLLR itself. Would either of these circumstances be a problem?

What if you are a member of the P-20 Leadership Council. You are considering an issue involving teachers. Your sister-in-law, your daughter, and your best friend all work for public schools in Maryland. Can you participate?

Participation Prohibits participation in: matters where the employee or official or certain relatives (spouse, parent, child, brother, sister) have a specific interest matters involving business entities in which the employee or official or certain relatives have employment, contractual, creditor, or potential employment relationships

Participation Exceptions allowed if: conflict disclosed and (1) disqualification would leave body with less than quorum (applies generally to boards/commissions); (2) disqualified official/employee required to act by law; (3) disqualified official/employee only one authorized to act permitted by State Ethics Commission regulation

What if you serve on the P-20 Leadership Council that reviewed, and approved, proposed legislation. You disagree with the legislation and take a job with the State’s professional education association of to lobby against the bill. Can you do so?

Post-Employment Restrictions Former official/employee may not assist or represent outside entities or persons for compensation In a case, contract or specific matter If the former official/employee significantly participated in the matter in his/her State position

What if as a member of the Board, you are invited to lunch by a owner of a large education think-tank that has proposed legislative and regulatory changes to your Board. Can you accept and allow the company to pay? Can you accept the logo jacket the company offers you?

Gifts Prohibitions Generally No solicitation No unsolicited gifts from 1) vendors, 2) regulated entities, 3) lobbyists, or 4) those with financial interests that may be uniquely affected by recipient Key Exceptions Nominal 20 or less Meals/beverages in the presence of the donor Reasonable food, lodging, and travel for participation at a speaking engagement

What if your best friend’s son has applied for a position at the company of another Council member with which you interact regularly. Your friend knows your relationship with that Council member and asks you to put in a good word for his son with the person who is doing the hiring. Can you do so?

Prestige of Office Prohibitions Generally No use of office for official’s or employee’s private gain No use of office for private gain of another Covers both using the influence of one’s office and using State resources

What if you are a member of the P-20 Leadership Council which is considering stricter regulations for operating a GED program. You share this with your friend who has his own GED program so he can beat the anticipated changes. Can you do so?

Confidential Information Cannot disclose or use confidential information acquired by reason of one’s position and not available to the public: For personal economic benefit, or For the economic benefit of another

Public Ethics Law

Where do I go for Advice? State Ethics Commission 45 Calvert Street, 3rd Floor Annapolis, MD 21401 (410) 260-7770 (410) 260-7746 (Fax) http://ethics.maryland.gov/