The Commissioners of St. Michaels rolled up their sleeves for a working session on the town’s ethics ordinance on Thursday. In May, the Maryland State Ethics Commission rejected the town’s application for an exemption to the state ethics law.
The St. Michaels Commissioners were prepared to work through an 18 page draft ordinance created by town staff and the town ethics commission last fall. But at the advice of town attorney Charles McLeod, the Commissioners set aside that document and chose to make some minor revisions to the state’s “Model B” ordinance for submission to the State Ethics Commission this fall.
At issue is the question of how the State Ethics Commission is dealing with the hundreds of requests for exemptions to the state ethics law passed by the General Assembly in 2010. That law mandates that all local governments and Boards of Education in the state create ordinances that meet or exceed the requirements of ethics standards for state-wide elected officials.
Small towns across the state expect that the strict conflict of interest and financial disclosure provisions in the new law will significantly limit the number of people willing to serve on local boards and commissions. Many believe that the stringent financial disclosure requirements not only constitute an unreasonable invasion of privacy, but are not even relevant in ensuring that local business is carried out ethically.
The State Ethics Commission grants exemptions to towns based on size of population, town budget and number of town employees, but has not made public the line at which exemptions are granted.
St. Michaels has been granted an exemption to the state law requiring regulation of lobbyists, but not regarding conflict of interest or financial disclosure. Trappe, Rock Hall and Sudlersville have been granted full exemptions. The town of Westminster recently submitted a revised ethics ordinance to the State Commission and was denied.
Town Attorney Charles McLeod said that the State Ethics Commission is asking local jurisdictions to use their “Model B” ordinance, and he expects them to be unwilling to consider case by case ordinance revisions. He said that the state law gives local ethics commissions the authority to grant exemptions to local ethics ordinances, and the regulations will be worked out over time, as local ethics commissions consider individual situations. Local governments, he said, will likely create ethics norms for their own jurisdictions one step at a time, as individuals petition the local commissions for exemptions to local ordinances.
The Commissioners authorized Mr. McLeod to draft a new document based on “Model B” to present to the State Ethics Commission this fall.
Michael Estrella says
This is progress from the previous vote on update our Ethics code. In the note to distant past at least two of our current commissioners voted to ‘Just Do Nothing” about ethics in our lovely little town! We are only a year behind on the deadline to have this item done, no more delay is needed!