Maine § 5 §18 Disqualification of executive employees from participation in certain matters

Maine Statutes

§ 5 §18 — Disqualification of executive employees from participation in certain matters

Maine·Title 5 ADMINISTRATIVE PROCEDURES AND SERVICES·Part 1 STATE DEPARTMENTS·Ch. 1 STATE OFFICERS AND EMPLOYEES GENERALLY

1.Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

2.Executive employee. An executive employee commits a civil violation if the executive employee personally and substantially participates in an official capacity in any proceeding in which, to the executive employee's knowledge, any of the following have a direct and substantial financial interest: 2-A. Participation in legislative process. An executive employee commits a civil violation if the employee participates in the legislative process in the employee's official capacity concerning any legislation in which any person described in subsection 2, paragraphs A to E has any direct and substantial financial interest unless the employee discloses that interest

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1.
Definitions.
As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
2.
Executive employee.
An executive employee commits a civil violation if the executive employee personally and substantially participates in an official capacity in any proceeding in which, to the executive employee's knowledge, any of the following have a direct and substantial financial interest:
2-A.
Participation in legislative process.
An executive employee commits a civil violation if the employee participates in the legislative process in the employee's official capacity concerning any legislation in which any person described in subsection 2, paragraphs A to E has any direct and substantial financial interest unless the employee discloses that interest at the time of the employee's participation.
3.
Former executive employee.
Former executive employees shall be subject to the provisions in this subsection with respect to proceedings in which the State is a party or has a direct and substantial interest.
4.
Construction of section.
This section may not be construed to prohibit former state employees from doing personal business with the State. This section shall not limit the application of any provisions of Title 17‑A, chapter 25.
5.
Penalty.
A violation of this section is a civil violation for which a forfeiture of not more than $1,000 may be adjudged.
6.
Application of more stringent statutory provisions.
If other statutory conflict of interest provisions pertaining to any state agency, quasi-state agency or state board are more stringent than the provisions in this section, the more stringent provisions shall apply.
7.
Avoidance of appearance of conflict of interest.
Every executive employee shall endeavor to avoid the appearance of a conflict of interest by disclosure or by abstention. For the purposes of this subsection and subsection 8, "conflict of interest" includes receiving remuneration, other than reimbursement for reasonable travel expenses, for performing functions that a reasonable person would expect to perform as part of that person's official responsibility as an executive employee.
8.
Disclosure of conflict of interest.
An executive employee shall disclose immediately to that employee's direct supervisor any conflict of interest within the meaning of this section.

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Legislative History

PL 1979, c. 734, §2 (NEW). PL 1985, c. 779, §7 (AMD). PL 1987, c. 735, §4 (AMD). PL 1987, c. 784, §§1-3 (AMD). PL 1989, c. 443, §5 (AMD). PL 1999, c. 242, §§1-3 (AMD). RR 2001, c. 2, §C1 (COR). RR 2001, c. 2, §C7 (AFF). PL 2001, c. 203, §1 (AMD). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF). PL 2017, c. 179, §1 (AMD). PL 2021, c. 332, §1 (AMD). RR 2023, c. 2, Pt. B, §§4, 5 (COR).