When you are no longer a County employee or covered volunteer, the Public Ethics Law still applies to you in a few important ways. Because you will still be subject to the ethics law, you have the right to consult the Anne Arundel County Ethics Commission for advice on how these laws apply to you in any given situation. You also have the obligation to comply with these laws, and if you do not, you may be subject to an enforcement action.
1. §7-5-105. Representation by former employees.
“(a) Generally. A former employee may not assist or represent a party other than the County in a case, contract, or other specific matter for compensation if the matter involves the County and:
(1) the former employee participated significantly in the matter as an employee; or
(2) the former employee had information not generally available to the public when the former employee undertook the assistance or representation.”
If you worked on a matter while you were a County employee or volunteer, you are banned for life* from working on that same specific matter (or case or contract) if that matter involves the County. You should ask for advice from the ethics commission:
- If the work you will be doing involves the same case, contract or other specific matter;
- If the information you will be using is or was confidential when you started the assistance or representation;
- If the case, contract, or other specific matter involves the County.
*(The lifetime ban is not as onerous as it sounds. Most cases, contracts, and other specific matters do not last a lifetime.)
“(b) County Executive, County Council, department or office heads. Except as provided in paragraph (2) of this subsection, a former County Executive, member of the County Council, or department or office head may not assist or represent another party for compensation in any matter that is the subject of County legislative action for one year following the date that the person left office or County employment.”
This provision applies primarily to prohibit former elected and certain appointed officials from lobbying the County for compensation for one year after leaving office. There may be other instances where the prohibition applies. Even if you will not be lobbying, you may not work as a consultant of any kind on any matter that is going to be the subject of legislative action for one year. Ask the advice of the ethics commission if the work you are doing or plan to be doing may fall within this prohibition.
2. §7-5-108. Disclosure or use of confidential information.
“Except in the discharge of an official duty, an employee or former employee may not disclose or use confidential information acquired by reason of the employee's or former employee's public position and not available to the public for personal economic benefit or for the economic benefit of another.” There may be other laws that prohibit you from disclosing confidential information for any other reason as well. If you have general questions about this law, or need advice, contact the ethics commission or the office of law.
3. §7-6-102(c). Financial Disclosure and Conflict of Interest Statements.
If you were required to file a Financial Disclosure Statement (FDS) or Conflict of Interest Statement (COIS) while employed with the County, you are required to file a FDS or COIS termination statement within 60 days after termination. The FDS and COIS termination statements should cover the year immediately preceding the year of termination and cover that portion of the calendar year up to the date of termination. See § 7-6-102(c). The necessary termination statements can be found on the Forms and Publications page of this web site.