In Your State - Maryland
WASHINGTON, December 13, 2001 — The Center interviewed ethics agency officials, scoured ethics agency Web sites and combed through pages of state statutes to conduct this survey of state ethics agencies. Below is a snapshot of answers for this state. See how this state ethics agency compares on staff and budget, oversight and enforcement power, among other topics surveyed. Find out what other type of ethics oversight this state has. Go to the methodology for an explanation of how the survey was conducted and what exact questions were asked.
Oversight Summary
Oversight Survey
Maryland is one of 27 states in which no outside agency oversees ethical conduct of state legislators. It is one of 9 of those states where an outside ethics agency does oversee disclosure for members of the legislature, in this case only personal financial disclosure.
Maryland is among the 22 states that established outside oversight of ethical conduct and/or disclosure requirements of legislators in the post-Watergate 1970s.
Of the 32 states that have outside oversight of ethical conduct and/or disclosure requirements for legislators — 23 that cover ethics and disclosure, plus nine that cover disclosure only — Maryland is one of 17 where the legislature has some involvement in choosing commission members. Only three states — California, Hawaii and Massachusetts — have members picked without the input of the legislature.
Budget
Maryland is among 22 states that did approve a budget for its ethics agency
exceeding the rate of inflation, or 7 percent, between 1997 and 2000. Those
states include Alabama, Arkansas, California, Connecticut, Florida, Georgia,
Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Mississippi,
Nebraska, Nevada, New Jersey, Pennsylvania, Rhode Island, Texas, Tennessee,
Washington and Wisconsin. Six state ethics agency budgets — in Arkansas,
Georgia, Maine, Nevada, New Jersey and Washington — at least doubled during this
time period.
Investigation
Of the 32 two states with outside ethics and/or disclosure oversight, only two
ethics agencies — in Florida and West Virginia — cannot initiate an
investigation or investigate an anonymous complaint. Only one agency, Alabama's,
cannot issue subpoenas.
Enforcement
Only Nebraska's ethics agency can directly prosecute criminal cases against
legislators; 25 more agencies can recommend criminal prosecution to the
appropriate authority, including Maryland's ethics agency. Only Rhode Island's
ethics agency has the power to remove legislators from office; another 11 state
agencies can recommend removal as part of punishment, unlike Maryland's, which
cannot.
Opinions and Investigative Findings
All 32 outside agencies that oversee some ethics and/or disclosure requirements
for legislators can issue advisory opinions. Maryland is one of 14 states that
does not publish legislator names within the advisory opinion reports, which can
be found on the agency's Web site. Copies can be requested from the state
agency. In addition, Maryland's ethics agency, like five other states, does not
have the power to make its investigative findings binding.
Actual Findings
Just three states — Connecticut, Pennsylvania and West Virginia — have not
issued a finding against a legislator for violating disclosure-filing
requirements in the past five years.
Meetings
Maryland is among the 18 state agencies, of 32 with oversight of ethics and/or
disclosure laws for the legislature, that have at least one public meeting per
month, however minutes for those meetings are not on the Web site. Copies can be
requested from the state agency.
More Info
Since the agency does not oversee legislators' conduct, is legislative
oversight defined in statute?
Yes. Maryland has the Maryland Joint Committee on Legislative Ethics, which is
enabled by Maryland Code State Government Article 2-702. The committee consists
of twelve members — six senate members and six house members.
http://www.mdarchives.state.md.us/msa/mdmanual/07leg/html/com/07legef.html
http://mlis.state.md.us/cgi-win/web_statutes.exe?gsg&2-702
Are there state statutes that address ethical conduct for legislators?
Yes. Maryland Code State Government Article 15-101, "Maryland Public Ethics
Law," contains provisions that apply to legislators.
http://mlis.state.md.us/cgi-win/web_statutes.exe?gsg&15-101
Note: Some information provided by the Council on Governmental Ethics Laws' "Ethics Update" 2000. For more information or to purchase the reference, visit www.cogel.org.