1.15.130 Abstentions and recusals.
(a) Definitions.
(1) In this section, the following words have the meaning indicated:
(2) “Abstain” means to not vote.
(3) “Participation” means:
(i) The contribution in any manner to a proceeding or recommendation or to the rendering of a determination;
(ii) The approval or denial of an award, license, contract, or transaction; or
(iii) Failure to act thereto when such failure to act is material.
(4) “Recuse” means to remove oneself from participation to avoid a conflict of interest or appearance of a conflict of interest.
(b) A Commissioner May Abstain From a Matter.
(1) Subject to subsection (b)(2) of this section, a commission may announce the Commissioner’s intention to abstain from a matter in the future.
(2)
(i) A Commissioner may abstain during a meeting of the Commission.
(ii) If a Commissioner abstains during a meeting, the minutes shall reflect the abstention and the reason for the abstention.
(c) Recusal.
(1) A Commissioner who determines that they have a conflict of interest under the Maryland Public Ethics Law with respect to a matter shall announce the intention to recuse themselves from the matter.
(2) The Commissioner shall announce the intention to recuse at the earliest opportunity, including a statement at the beginning of the Commission meeting at which the matter is to be considered for the first time.
(3)
(i) A recused Commissioner shall be disqualified from any further participation in that matter including moving reconsideration.
(ii) The Corporate Secretary shall record the Commissioner’s disqualification.
(d) Not Counted as Voting. A Commissioner who abstains or recuses is present but is not counted as voting. (Res. 2024-2291; Document dated August 2, 2021)