About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each session of the General Assembly is published by the State as the “Laws of Maryland”, commonly referred to as the “Session Laws”. The Session Laws for each session are compiled chronologically by chapter number and serve as the source law from which the statutes accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.



Statute Text

ati378400.tmp
Article - General Provisions
§5–501.  
(a)   Except as otherwise provided in subsection (c) of this section, an official or employee may not participate in a matter if:
(1)   the official or employee or a qualifying relative of the official or employee has an interest in the matter and the official or employee knows of the interest; or
(2)   any of the following is a party to the matter:
(i)   a business entity in which the official or employee has a direct financial interest of which the official or employee reasonably may be expected to know;
(ii)   a business entity, including a limited liability company or a limited liability partnership, of which any of the following is an officer, a director, a trustee, a partner, or an employee:
1.   the official or employee; or
2.   if known to the official or employee, a qualifying relative of the official or employee;
(iii)   a business entity with which any of the following has applied for a position, is negotiating employment, or has arranged prospective employment:
1.   the official or employee; or
2.   if known to the official or employee, a qualifying relative of the official or employee;
(iv)   if the contract reasonably could be expected to result in a conflict between the private interest and the official State duties of the official or employee, a business entity that is a party to a contract with:
1.   the official or employee; or
2.   if known to the official or employee, a qualifying relative of the official or employee;
(v)   a business entity, either engaged in a transaction with the State or subject to regulation by the official’s or employee’s governmental unit, in which a direct financial interest is owned by another business entity if the official or employee:
1.   has a direct financial interest in the other business entity; and
2.   reasonably may be expected to know of both financial interests; or
(vi)   a business entity that:
1.   the official or employee knows is a creditor or an obligee of the official or employee, or of a qualifying relative of the official or employee, with respect to a thing of economic value; and
2.   as a creditor or an obligee, is in a position to affect directly and substantially the interest of the official, employee, or qualifying relative.
(b)    (1)   The prohibitions of subsection (a) of this section do not apply if participation is allowed:
(i)   as to officials and employees subject to the authority of the Ethics Commission, by regulation of the Ethics Commission;
(ii)   by the opinion of an advisory body; or
(iii)   by another provision of this subtitle.
(2)   This section does not prohibit participation by an official or employee that is limited to the exercise of an administrative or ministerial duty that does not affect the decision or disposition with respect to the matter.
(c)   An official or employee who otherwise would be disqualified from participation under subsection (a) of this section shall disclose the nature and circumstances of the conflict, and may participate or act, if:
(1)   the disqualification would leave a body with less than a quorum capable of acting;
(2)   the disqualified official or employee is required by law to act; or
(3)   the disqualified official or employee is the only individual authorized to act.