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

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Article - General Provisions
§5–502.  
(a)   This section does not apply to members of the General Assembly.
(b)   Except as provided in subsections (c) and (d) of this section, an official or employee may not:
(1)   be employed by or have a financial interest in:
(i)   an entity subject to the authority of that official or employee or of the governmental unit with which the official or employee is affiliated; or
(ii)   an entity that is negotiating or has entered a contract with that governmental unit or an entity that is a subcontractor on a contract with that governmental unit; or
(2)   hold any other employment relationship that would impair the impartiality and independent judgment of the official or employee.
(c)   The prohibitions of subsection (b) of this section do not apply:
(1)   to employment or a financial interest allowed by regulation of the Ethics Commission if:
(i)   the employment does not create a conflict of interest or the appearance of a conflict of interest; or
(ii)   the financial interest is disclosed;
(2)   to a public official who is appointed to a regulatory or licensing unit in accordance with a statutory requirement that entities subject to the jurisdiction of the unit be represented in appointments to it;
(3)   as allowed by regulations adopted by the Ethics Commission, to an employee whose government duties are ministerial, if the private employment or financial interest does not create a conflict of interest or the appearance of a conflict of interest; or
(4)   to a member of a board who holds the employment or financial interest when appointed if the employment or financial interest is disclosed publicly to the appointing authority, the Ethics Commission, and, if applicable, the Senate of Maryland before Senate confirmation.
(d)    (1)   Subject to paragraph (2) of this subsection, the Ethics Commission may exempt a public official of an executive unit or an employee of an executive unit from the prohibitions of subsection (b) of this section if the Ethics Commission determines that:
(i)   failure to grant the exemption would limit the ability of the State to:
1.   recruit and hire highly qualified or uniquely qualified professionals for public service; or
2.   assure the availability of competent services to the public; and
(ii)   the number of exemptions granted under this subsection has not eroded the purposes of subsection (b) of this section or other provisions of this title.
(2)    (i)   The Ethics Commission may grant an exemption under paragraph (1) of this subsection only:
1.   in extraordinary situations; and
2.   on the recommendation of the Governor, at the request of the executive unit involved.
(ii)   The Ethics Commission shall apply this subsection as consistently as possible under similar facts and circumstances.