Ethics Complaints and Enforcement

 

1) A written, signed complaint is filed under oath, alleging a violation of the Ethics Law.

 

A top, left, square shape contains the text, "complaint filed." An arrow extends from the shape downwards and then to the right to a triangle shape that contains the text, "Board jurisdiction?".

 

2) The Ethics Board determines if the complaint is within the Board's legal jurisdiction.

 

Two arrows extend from the triangle shape. One arrow extends to the right, contains the word "No," and leads to a square shape that contains the text, "complaint dismissed and referred if appropriate." The other arrow extends downward, contains the word "Yes," and leads to a square shape that contains the text, "redacted complaint to respondent."

 

3) If the complaint is not within the Board's legal jurisdiction, it is dismissed and referred to another entity, if appropriate. If the complaint is within the Board's legal jurisdiction, Ethics Board staff promptly send a copy of the complaint to the respondent after redacting the complainant's name, contact information, and any other identifiable information.

 

An arrow extends downward from the square shape containing the text, "redacted complaint to respondent," and leads  to a square shape containing the text, "preliminary investigation."

 

4) Ethics Board staff promptly conduct a preliminary investigation of the complaint.

 

An arrow extends downward from the square shape containing the text, "preliminary investigation," and leads  to a square shape containing the text, "report findings to Board."

 

5) Ethics Board staff present the findings of their preliminary investigation to the Ethics Board within a reasonable time.

 

An arrow extends downward from the square shape containing the text, "report findings to Board," and leads  to a square shape containing the text, "Board preliminary determination." From that shape, another arrow extends downward to a triangle shape containing the language, "prima facie violation?"

 

6) Considering the findings of the preliminary investigation, the Board issues its preliminary determination and determines if the respondent committed a prima facie violation of the Ethics Law.

 

An arrow extends downward from the triangle shape containing the text, "prima facie violation?," contains the word "No," and leads to a square shape containing the text, "complaint dismissed."

 

An line extends from the right-hand side of the triangle shape, contains the word "Yes," and splits into two separate arrows. One arrow extends upward from the line, and then to the right, and leads to a square shape containing the text "opportunity to cure." The other arrow extends downward from the line and extends to a square shape containing the text "no further action if appropriate." From that shape, an arrow extends to another square shape that contains the text, "complaint dismissed." 

 

7) If the Board finds that the respondent did no commit a prima facie violation of the Ethics Law, then the Board dismisses the complaint. If the Board finds that the respondent committed a prima facie violation of the Ethics Law, Board staff must notify the respondent and offer the respondent the opportunity to cure the violation. Alternatively, the Board may not require the respondent to take further action and the Board may dismiss the complaint.

 

An arrow extends upward from the square shape that contains the text, "opportunity to cure" to another square shape that contains the text, "respondent cures within 15 days."

 

8) The respondent is permitted fifteen days to cure the prima facie violation.

 

An arrow extends from the right-hand side of the square shape containing the text, "respondent cures within 15 days," contains the word "Yes," and leads to a square shape containing the text, "complaint dismissed if appropriate." Another arrow extends upward from the square shape containing the text, "respondent cures within 15 days," contains the word "No," and leads to square shape containing the text, "notice and opportunity for hearing."

 

9) If the respondent cures the prima facie violation within 15 days, the Board may dismiss the complaint if appropriate. If the complainant does not cure the prima facie violation within 15 days, the Board will provide the respondent with notice and an opportunity for a hearing before the Board.

 

An arrow extends upward from the square shape containing the text, "notice and opportunity for hearing," and leads to a square shape containing the text, "hearing."

 

10) Upon the respondent's request, the Board provides the respondent an administrative hearing on the matter.

 

An arrow extends upward and then to the right from the square shape containing the text, "hearing," and leads to a square shape containing the text, "Final Decision: written finding of fact and conclusions of law."

 

11) Following the hearing, the Board makes written findings of fact and conclusion of law on each alleged violation.

 

An arrow extends downward from the square shape containing the text, "Final Decision: written findings of fact and conclusions of law" and leads to a triangle shape containing the text, "Ethics violation?"

 

12) The Board finds that the respondent either committed or did not commit a violation of the Ethics Law.

 

Two arrows extend from the triangle shape containing the text, "Ethics violation?" One arrow extends from the right-hand side of the shape, contains the word "No," and leads to a square shape containing the text, "complaint dismissed." The other arrows extends downward from the triangle shape and contains the word "Yes," then extends to the left, and then extends downward again with the words "CONFIDENTIALITY TERMINATES" within the second, downward line of the arrow. The arrow then leads to a square shape containing the text, "enforcement actions authorized by law."

 

14) If the Board does not find that the respondent violated the Ethics Law, the Board dismisses the complaint. If the Board finds that the respondent violated the Ethics Law, then the Board is authorized by the Ethics Law to take certain enforcement actions. At this time, the confidentiality of the matter terminates.

 

An arrow extends downward from the square shape containing the text, "enforcement actions authorized by law," and leads to a square shape containing the text, "right to appeal."

 

15) If aggrieved by a final decision of the Ethics Board, the respondent may seek judicial review of the decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.