§ 19A-15. Disclosure of confidential information; ex parte communications.

(a) Except when authorized by law, a public employee or former public employee must not disclose confidential information relating to or maintained by a County agency that is not available to the public. A public employee or former public employee must not use confidential information for personal gain or the gain of another. Unless expressly prohibited by law, a public employee may disclose validly obtained confidential information to another public employee if the other public employee reasonably needs the information to carry out the employee’s official duties.

(b) (1) A public employee decision-maker must not consider any communication made outside of the record regarding any matter that must be decided on the basis of a record after an application is filed or a proceeding is otherwise initiated.

(2) Except as otherwise expressly authorized by law, any public employee decision maker, and any public employee who directly advises a decision maker, must not:

(A) initiate or participate in any communication outside the record with any person regarding a matter that must be decided on the basis of a record; or

(B) conduct an independent investigation of any fact related to a matter that must be decided on the basis of a record.

(3) The recipient of any communication made outside the record, including advice rendered by officials or staff of another government agency, must promptly enter that communication in the record. If the communication was oral, the recipient must write down the substance of the communication and enter it into the record. The decision-making body may consider any communication made outside of the record if all parties are given a reasonable opportunity to respond.

(4) This subsection does not restrict a communication that consists solely of:

(A) advice rendered to a decision-maker by an attorney employed or retained by the decision-maker’s agency;

(B) advice rendered to a decision-maker by appropriate officials or staff of the decision-maker’s agency;

(C) a procedural question that does not involve the substance of facts in a record; and

(D) discussions between members of a decision-making body. (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.