§ 19A-14. Misuse of prestige of office; harassment; improper influence.  


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  • (a) Unless expressly authorized by regulation or as may be permitted under Section 19A-16, a public employee must not intentionally use the prestige of office for private gain or the gain of another. Performing usual and customary constituent services, without additional compensation, is not prohibited by this subsection.
    (b) Unless expressly authorized by the Chief Administrative Officer, a person must not use an official County or agency title or insignia in connection with any private enterprise.
    (c) A public employee must not use any County agency facility, property, or work time for personal use or for the use of another person, unless the use is:
    (1) generally available to the public; or
    (2) authorized by a County law, regulation, or administrative procedure.
    (d) (1) A public employee must not appoint, hire, or advocate the advancement of a relative to a position that is under the jurisdiction or control of the public employee.
    (2) A relative of a public employee must not be employed in a position if the public employee:
    (A) would exercise jurisdiction or control over the position; and
    (B) advocates the relative’s employment.
    (e) A public employee must not intimidate, threaten, coerce or discriminate against any person for the purpose of interfering with that person's freedom to engage in political activity.
    (f) A person must not influence or attempt to influence a public employee to violate this Chapter.
    (g) (1) A public employee must not with respect to a particular matter represent another person, or provide advice to another person that would qualify as an expert opinion in a court, if:
    (A) a County agency or the County is a party to the matter and the person being assisted has a position adverse to the County agency or the County; or
    (B) the County agency or the County has a direct and substantial interest in the matter that is adverse to the interests of the person being assisted.
    (2) This subsection does not apply to a public employee who renders assistance to:
    (A) another public employee if the matter involves a personnel action;
    (B) a member of the public employee’s immediate family if the public employee renders the assistance without compensation; or
    (C) a person for whom the public employee serves as a guardian, trustee or other personal fiduciary.
    (3) This subsection does not apply to:
    (A) a public employee while carrying out the employee’s official duties; or
    (B) a member of a board, committee or commission if:
    (i) the member is not compensated by the County;
    (ii) the matter does not relate to the responsibilities of the board, committee or commission; and
    (iii) the board, committee or commission solely performs an advisory function.
    (4) In this subsection "represent" means to act on behalf of another person, and includes acting as an agent or attorney for the other person. (1990 L.M.C., ch. 21, § 1; 1994 L.M.C., ch. 25, § 1; 1997 L.M.C., ch. 37, §1; , § 1.)
    Editor’s note—See County Attorney Opinion dated discussing whether a public employee may accept an honorarium or other reimbursement of expenses in return for a speech or presentation. See County Attorney Opinion dated describing the elements required for a complaint to the Ethics Commission to initiate an investigation. See County Attorney Opinion dated describing the extent to which quasi-judicial officials may engage in political activities. See County Attorney Opinion dated explaining that an elected official running for office must devote “official” time to official duties. See County Attorney Opinion dated explaining that conducting union business on County property does not violate the ethics law, because union business is public, not personal.