(a) Application. The provisions of this section shall apply only to the members and employees of the county board of appeals.
(b) Conduct prohibited. No member shall:
(1) Decide or participate in a decision in which he has a financial interest, as owner, member, partner, officer, employee, stockholder or other participant of or in any private business or professional enterprise that will be affected by such decision, nor shall a member knowingly participate in a decision affecting a person related to him or his spouse as father, mother, brother, sister or child. This section shall not be construed to prohibit a member from having or holding private investment, business or professional interests, but shall be construed to apply when such interests are or reasonably may be in conflict with the proper performance of duty by the member. Such interests shall be presumed to be in conflict with proper performance of duty by the member when he or his spouse, or the father, mother, brother, sister or child or either, jointly or severally, owns a total of more than three (3) percent of the invested capital or capital stock of any groups, firms, corporations or associations involved in the decision being made by the board of appeals or receives a total combined compensation of more than five thousand dollars ($5,000.00) per year from any individual groups, firms, corporations or associations involved in the decision being made by the board of appeals. Such presumption shall not be construed to apply to or include an interest or investment in land geographically remote from the land involved in the decision, a possibility of reverter, a mortgage or other security interest in which the real party in interest is not as otherwise defined in this section.
(2) Act as broker, agent, attorney, representative or employee of any person in his business dealings with the county, the Maryland-National Capital Park and Planning Commission or Washington Suburban Sanitary Commission nor shall a member decide or participate in a decision on any matter in which a close business or professional associate has acted in any of these capacities or represented private interests before the county or the above agencies; nor shall a member represent private interests or appear in a position of advocacy, other than in the performance of his official duties, either in person or by associate, in any matter or proceeding pending before the county council, Maryland-National Capital Park and Planning Commission, the Washington Suburban Sanitary Commission or the board of appeals.
(3) Solicit or accept any gift, favor, loan, service, promise, employment or thing which might influence or tend to influence the proper performance of his duty.
(4) Voluntarily appear as attorney counsel or otherwise represent private interests or give opinion evidence against the interests of the county or its agencies or agencies of the state operating for the county in any action or proceedings in which the county or agency or any official of the county or agency acting in his official duty is a party, except where the interests of the county or agency are incompatible or adverse one to the other, and the member has been assigned to so appear or give evidence in accordance with his duty.
(5) Disclose any confidential information concerning the property, management, or affairs of the board of appeals, the county or agencies, or use such information to advance the financial or other private interests of himself or other persons.
(6) Attempt to influence for a purpose contrary to the provisions of this section any other county or state official in the conduct of the other official's duties.
(c) Exemptions. No part of this section shall be construed to prohibit a member of the board of appeals from appearing in the pursuit of his private interests as a citizen, or from accepting or receiving any benefit by operation of law, or prosecuting or pursuing any claim, right, privilege or remedy which is his by operation of law.
(d) Disclosure of interests; disqualifications. When a member has any interest as described in this section which is or reasonably may be incompatible with or in conflict with any of his official duties or acts, he shall disclose such interest publicly and he shall disqualify himself and not participate in the decision or act affected thereby.
(e) Ex parte or private communications. An ex parte or private communication from any person to a board member related to any contested case before the board, including special exceptions and variances, or to an appeal pending from an action of the board, is subject to the provisions governing those communications under the County Administrative Procedures Act.
(f) Effect of conflict of interests. If, because of disqualification or disqualifications by interest under the provisions of this section, less than a quorum of the board of appeals is available to act upon any particular matter, except special exceptions, the remaining members of the board shall constitute a quorum and shall have authority to transact business to the extent permitted by law; provided, that this shall not be construed to permit transaction of business contrary to the quorum requirements or other provisions of state or other law. (1972 L.M.C., ch. 6, § 2; 1990 L.M.C., ch. 25, § 2.)
Editor's note-In Montgomery County Board of Appeals v. Walker, 258 Md. 574, 180 A.2d 865 (1962), the court ruled that a member of the Board of Appeals should disqualify himself on the grounds of a conflict of interest and that a tie vote of the Board of Appeals is a denial of rezoning.
Cross reference-Ethics generally, ch. 19A. 
