The provisions of this chapter, unless otherwise herein provided,
shall be applicable to all elected officials, employees and members
of boards and commissions of the City of Hagerstown, Maryland.
[Amended 8-23-2011 by Ord. No. O-11-16; 8-27-2013 by Ord. No. O-13-22; 4-28-2015 by Ord. No. O-15-07; 9-11-2018 by Ord. No.
O-18-18]
A. Participation
prohibitions.
(1) Except as permitted by Commission regulation or opinion, an official
or employee may not participate in:
(a)
Except in the exercise of an administrative or ministerial duty
that does not affect the disposition or decision of the matter, any
matter in which, to the knowledge of the official or employee, the
official or employee or the spouse, children, (dependent or otherwise),
parents, siblings, in-laws or any person who shares a household with
the official or employee (a "qualified relative") has an interest.
(b)
Except in the exercise of an administrative or ministerial duty
that does not affect the disposition or decision with respect to the
matter, any matter in which any of the following is a party:
[1]
A business entity in which the official or employee has a direct
financial interest of which the official or employee may reasonably
be expected to know;
[2]
A business entity for which the official, employee, or a qualified
relative of the official or employee is an officer, director, trustee,
partner, or employee;
[3]
A business entity with which the official or employee or, to
the knowledge of the official or employee, a qualified relative is
negotiating employment or has any arrangement concerning prospective
employment;
[4]
If the contract reasonably could be expected to result in a
conflict between the private interests of the official or employee
and the official duties of the official or employee, a business entity
that is a party to an existing contract with the official or employee,
or which, to the knowledge of the official or employee, is a party
to a contract with a qualified relative;
[5]
An entity, doing business with the City, in which a direct financial
interest is owned by another entity in which the official or employee
has a direct financial interest, if the official or employee may be
reasonably expected to know of both direct financial interests; or
[6]
A business entity that:
[a]
The official or employee knows is a creditor or obligee of the
official or employee or a qualified relative of the official or employee
with respect to a thing of economic value; and
[b]
As a creditor or obligee, is in a position to directly and substantially
affect the interest of the official or employee or a qualified relative
of the official or employee.
[7]
Former regulated lobbyists. A former regulated lobbyist who
is or becomes subject to regulation under this title as an official
or employee may not participate in a case, contract, or other specific
matter as an official or employee for one calendar year after the
termination of the registration of the former regulated lobbyist,
if the former regulated lobbyist previously assisted or represented
another party for compensation in this matter. This section does not
apply to nominally compensated (or uncompensated) board/commission
members.
(2) A person who is disqualified from participating under Subsection
A(1) of this section shall disclose the nature and circumstances of the conflict and may participate or act if:
(a)
The disqualification leaves a body with less than a quorum capable
of acting;
(b)
The disqualified official or employee is required by law to
act; or
(c)
The disqualified official or employee is the only person authorized
to act.
(3) The prohibitions of Subsection
A(1) of this section do not apply if participation is allowed by regulation or opinion of the Commission.
B. Employment
and financial interest restrictions.
(1) Except as permitted by regulation of the Commission when the interest
is disclosed or when the employment does not create a conflict of
interest or appearance of conflict, an official or employee may not:
(a)
Be employed by or have a financial interest in any entity:
[1]
Subject to the authority of the official or employee or the
City agency, board, or commission with which the official or employee
is affiliated; or
[2]
That is negotiating or has entered a contract with the agency,
board, or commission with which the official or employee is affiliated;
or
(b)
Hold any other employment relationship that would impair the
impartiality or independence of judgment of the official or employee.
(2) The prohibitions of Subsection
B(1) of this section do not apply to:
(a)
An official or employee who is appointed to a regulatory or
licensing authority pursuant to a statutory requirement that persons
subject to the jurisdiction of the authority be represented in appointments
to the authority;
(b)
Subject to other provisions of law, a member of a board or commission
in regard to a financial interest or employment held at the time of
appointment, provided the financial interest or employment is publicly
disclosed to the appointing authority and the Commission;
(c)
An official or employee whose duties are ministerial, if the
private employment or financial interest does not create a conflict
of interest or the appearance of a conflict of interest, as permitted
and in accordance with regulations adopted by the Commission; or
(d)
Employment or financial interests allowed by regulation of the
Commission if the employment does not create a conflict of interest
or the appearance of a conflict of interest or the financial interest
is disclosed.
C. Post-employment
limitations and restrictions.
(1) A former official or employee may not assist or represent any party
other than the City for compensation in a case, contract, or other
specific matter involving the City if that matter is one in which
the former official or employee significantly participated as an official
or employee.
(2) For one year after the elected official leaves office, a former member
of the Mayor and Council may not assist or represent another party
for compensation in a matter that is the subject of legislative action.
D. Contingent
compensation. Except in a judicial or quasi-judicial proceeding, an
official or employee may not assist or represent a party for contingent
compensation in any matter before or involving the City.
E. Use
of prestige of office.
(1) An official or employee may not intentionally use the prestige of
office or public position for the private gain of that official or
employee or the private gain of another.
(2) This subsection does not prohibit the performance of usual and customary
constituent services by an elected official without additional compensation.
F. Solicitation
and acceptance of gifts.
(1) "Gift" shall mean the transfer of anything of economic value, regardless
of the form, without adequate and lawful consideration. "Gift" does
not include a political campaign contribution regulated under the
Election Law Articles of the Annotated Code of Maryland or any other
provision of state or local law regulating the conduct of elections
or the receipt of political campaign contributions.
(2) An official or employee may not solicit any gift.
(3) An official or employee may not directly solicit or facilitate the
solicitation of a gift on behalf of another person from a regulated
lobbyist.
(4) An official or employee may not knowingly accept a gift, directly
or indirectly, from a person or entity that the official or employee
knows or has reason to know:
(a)
Is doing business with or seeking to do business with the City
office, agency, board, or commission with which the official or employee
is affiliated;
(b)
Has financial interests that may be substantially and materially
affected, in a manner distinguishable from the public generally, by
the performance or nonperformance of the official duties of the official
or employee;
(c)
Is engaged in an activity regulated or controlled by the official's
or employee's governmental unit; or
(d)
Is a lobbyist with respect to matters within the jurisdiction
of the official or employee.
(5) Exceptions; acceptable items.
(a)
This subsection does not apply to a gift:
[1]
That would tend to impair the impartiality and the independence
of judgment of the official or employee receiving the gift;
[2]
Of significant value that would give the appearance of impairing
the impartiality and independence of judgment of the official or employee;
or
[3]
Of significant value that the recipient official or employee
believes or has reason to believe is designed to impair the impartiality
and independence of judgment of the official or employee.
(b)
Notwithstanding Subsection
F(4) of this subsection, an official or employee may accept the following:
[1]
Meals and beverages consumed in the presence of the donor or
sponsoring entity;
[2]
Ceremonial gifts or awards that have insignificant monetary
value;
[3]
Unsolicited gifts of nominal value that do not exceed $20 in
cost or trivial items of informational value;
[4]
Reasonable expenses for food, travel, lodging, and scheduled
entertainment of the official or the employee at a meeting which is
given in return for the participation of the official or employee
in a panel or speaking engagement at the meeting;
[5]
Gifts of tickets or free admission extended to an elected official
to attend a charitable, cultural, or political event, if the purpose
of this gift or admission is a courtesy or ceremony extended to the
elected official's office;
[6]
A specific gift or class of gifts that the Commission exempts
from the operation of this subsection upon a finding, in writing,
that acceptance of the gift or class of gifts would not be detrimental
to the impartial conduct of the business of the City and that the
gift is purely personal and private in nature;
[7]
Gifts from a person related to the official or employee by blood
or marriage, or any other individual who is a member of the household
of the official or employee; or
[8]
Honoraria for speaking to or participating in a meeting, provided
that the offering of the honorarium is in no way related to the official's
or employee's official position.
G. Disclosure
of confidential information. Other than in the discharge of official
duties, an official or employee may not disclose or use confidential
information that the official or employee acquired by reason of the
official's or employee's public position and that is not
available to the public for the economic benefit of the official or
employee or that of another person.
H. Participation
in procurement.
(1) An individual or a person that employs an individual who assists
a City agency or unit in the drafting of specifications, an invitation
for bids, or a request for proposals for a procurement may not submit
a bid or proposal for that procurement, or assist or represent another
person, directly or indirectly, who is submitting a bid or proposal
for the procurement.
(2) The Commission may establish exemptions from the requirements of
this section for providing descriptive literature, sole source procurements,
and written comments solicited by the procuring agency.
[Added 8-23-2011 by Ord. No. O-11-16; 8-27-2013 by Ord. No. O-13-22; 4-28-2015 by Ord. No. O-15-07; 9-11-2018 by Ord. No. O-18-18]
A. This section applies to all elected officials and all candidates
to be elected officials.
B. Except as provided in Subsection
D of this section, an elected official or candidate to be an elected official shall file the financial disclosure statement required under this subsection:
(1) On a form provided by the Ethics Commission for the City of Hagerstown
(the "Commission");
(2) Under oath or affirmation; and
C. Deadlines for filing statements.
(1) An incumbent official shall file a financial disclosure statement
annually no later than April 30 of each year for the preceding calendar
year.
(2) An official who is appointed to fill a vacancy in an office for which
a financial disclosure statement is required and who has not already
filed a financial disclosure statement shall file a statement for
the preceding calendar year within 30 days after appointment.
(3) An individual who, other than by reason of death, leaves an office
for which a statement is required, shall file a statement within 60
days after leaving the office.
(4) The statement shall cover:
(a)
The calendar year immediately preceding the year in which the
individual left office, unless a statement covering that year has
already been filed by the individual; and
(b)
The portion of the current calendar year during which the individual
held the office.
D. Candidates to be elected officials.
(1) Except for an official who has filed a financial disclosure statement
under another provision of this section for the reporting period,
a candidate to be an elected official shall file a financial disclosure
statement each year beginning with the year in which the certificate
of candidacy is filed through the year of the election.
(2) A candidate to be an elected official shall file a statement required
under this section:
(a)
In the year the certificate of candidacy is filed, no later
than the filing of the certificate of candidacy;
(b)
In the year of the election, on or before the earlier of April
30 or the last day for the withdrawal of candidacy; and
(c)
In all other years for which a statement is required, on or
before April 30.
(3) A candidate to be an elected official:
(a)
May file the statement required under Subsection
D(2)(a) of this section with the City Clerk or Board of Election Supervisors with the certificate of candidacy or with the Commission prior to filing the certificate of candidacy; and
(b)
Shall file the statements required under Subsection
D(2)(b) and
(c) of this section of this chapter with the Commission.
(4) If a candidate fails to file a statement required by this section
after written notice is provided by the City Clerk or Board of Election
Supervisors at least 20 days before the last day for the withdrawal
of candidacy, the candidate is deemed to have withdrawn the candidacy.
(5) The City Clerk or Board of Election Supervisors may not accept any
certificate of candidacy unless a statement required under this section
has been filed in proper form.
(6) Within 30 days of the receipt of a statement required under this
section, the City Clerk or Board of Election Supervisors shall forward
the statement to the Commission.
E. Public record.
(1) The Commission shall maintain all financial disclosure statements
filed under this section. Home addresses shall be redacted from public
disclosure.
(2) The Commission shall make financial disclosure statements available
during normal office hours for examination and copying by the public,
subject to reasonable fees and administrative procedures established
by the Commission.
(3) If an individual examines or copies a financial disclosure statement,
the Commission shall record:
(a)
The name and home address of the individual reviewing or copying
the statement; and
(b)
The name of the person whose financial disclosure statement
was examined or copied.
(4) Upon request by the individual whose financial disclosure statement
was examined or copied, the Commission shall provide the official
with a copy of the name and home address of the person who reviewed
the official's financial disclosure statement.
F. Retention requirements. The Commission shall retain financial disclosure
statements for four years from the date of receipt.
G. Contents of statement.
(1) Interests in real property.
(a)
A statement filed under this section shall include a schedule
of all interests in real property wherever located.
(b)
For each interest in real property, the schedule shall include:
[1]
The nature of the property and the location by street address,
mailing address, or legal description of the property;
[2]
The nature and extent of the interest held, including any conditions
and encumbrances on the interest;
[3]
The date when, the manner in which, and the identity of the
person from whom the interest was acquired;
[4]
The nature and amount of the consideration given in exchange
for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired;
[5]
If any interest was transferred, in whole or in part, at any
time during the reporting period, a description of the interest transferred,
the nature and amount of the consideration received for the interest,
and the identity of the person to whom the interest was transferred;
and
[6]
The identity of any other person with an interest in the property.
(2) Interests in corporations and partnerships.
(a)
A statement filed under this section shall include a schedule
of all interests in any corporation, partnership, limited-liability
partnership, or limited-liability corporation, regardless of whether
the corporation or partnership does business with the City.
(b)
For each interest reported under this subsection, the schedule
shall include:
[1]
The name and address of the principal office of the corporation,
partnership, limited-liability partnership, or limited-liability corporation;
[2]
The nature and amount of the interest held, including any conditions
and encumbrances on the interest;
[3]
With respect to any interest transferred, in whole or in part,
at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received for
the interest, and, if known, the identity of the person to whom the
interest was transferred; and
[4]
With respect to any interest acquired during the reporting period:
[a] The date when, the manner in which, and the identity
of the person from whom the interest was acquired; and
[b] The nature and the amount of the consideration
given in exchange for the interest or, if acquired other than by purchase,
the fair market value of the interest at the time acquired.
(c)
An individual may satisfy the requirement to report the amount of the interest held under Subsection
G(2)(b)[2] of this section by reporting, instead of a dollar amount:
[1]
For an equity interest in a corporation, the number of shares
held and, unless the corporation's stock is publicly traded,
the percentage of equity interest held; or
[2]
For an equity interest in a partnership, the percentage of equity
interest held.
(3) Interests in business entities doing business with City.
(a)
A statement filed under this section shall include a schedule of all interests in any business entity that does business with the City, other than interests reported under Subsection
G(2) of this section.
(b)
For each interest reported under this subsection, the schedule
shall include:
[1]
The name and address of the principal office of the business
entity;
[2]
The nature and amount of the interest held, including any conditions
to and encumbrances on the interest;
[3]
With respect to any interest transferred, in whole or in part,
at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received in
exchange for the interest, and, if known, the identity of the person
to whom the interest was transferred; and
[4]
With respect to any interest acquired during the reporting period:
[a] The date when, the manner in which, and the identity
of the person from whom the interest was acquired; and
[b] The nature and the amount of the consideration
given in exchange for the interest or, if acquired other than by purchase,
the fair market value of the interest at the time acquired.
(4) Gifts.
(a)
A statement filed under this section shall include a schedule of each gift, as defined in §
33-3 hereof, in excess of $20 in value or a series of gifts totaling $100 or more received during the reporting period from or on behalf of, directly or indirectly, any one person or entity who does business with the City.
(b)
For each gift reported, the schedule shall include:
[1]
A description of the nature and value of the gift; and
[2]
The identity of the person or entity from whom, or on behalf
of whom, directly or indirectly, the gift was received.
(5) Employment with or interests in entities doing business with the
City.
(a)
A statement filed under this section shall include a schedule
of all offices, directorships, and salaried employment by the individual
or member of the immediate family of the individual held at any time
during the reporting period with entities doing business with the
City.
(b)
For each position reported under this subsection, the schedule
shall include:
[1]
The name and address of the principal office of the business
entity;
[2]
The title and nature of the office, directorship, or salaried
employment held and the date it commenced; and
[3]
The name of each City agency with which the entity is involved
as indicated by identifying one or more of the three categories of
"doing business," as defined in § 3(d) of this chapter.
(6) Indebtedness to persons or entities doing business with the City.
(a)
A statement filed under this section shall include a schedule
of all liabilities, excluding retail credit accounts, to persons or
entities doing business with the City, owed at any time during the
reporting period:
[2]
By the spouse or dependent children ("immediate family members")
of the individual if the individual was involved in the transaction
giving rise to the liability.
(b)
For each liability reported under this subsection, the schedule
shall include:
[1]
The identity of the person or entity to whom the liability was
owed and the date the liability was incurred;
[2]
The amount of the liability owed as of the end of the reporting
period;
[3]
The terms of payment of the liability and the extent to which
the principal amount of the liability was increased or reduced during
the year; and
[4]
The security given, if any, for the liability.
(7) Employment with City. A statement filed under this section shall
include a schedule of the immediate family members of the individual
employed by the City in any capacity at any time during the reporting
period.
(8) Sources of earned income.
(a)
A statement filed under this section shall include a schedule
of the name and address of each place of employment and of each business
entity of which the individual or a member of the individual's
immediate family was a sole or partial owner and from which the individual
or member of the individual's immediate family received earned
income at any time during the reporting period.
(b)
A minor child's employment or business ownership need not
be disclosed if the agency that employs the individual does not regulate,
exercise authority over, or contract with the place of employment
or business entity of the minor child.
(9) For a statement filed on or after January 1, 2019, if the individual's
spouse is a regulated lobbyist, any entity that has engaged the spouse
for lobbying purposes; and
(10)
A statement filed under this section may also include a schedule
of additional interests or information that the individual making
the statement wishes to disclose.
H. For the purposes of Subsection
G(1),
(2), and
(3) of this chapter, the following interests are considered to be the interests of the individual making the statement:
(1) An interest held by a member of the individual's immediate family,
if the interest was, at any time during the reporting period, directly
or indirectly controlled by the individual.
(2) An interest held by a business entity in which the individual held
a 30% or greater interest at any time during the reporting period.
(3) An interest held by a trust or an estate in which, at any time during
the reporting period:
(a)
The individual held a reversionary interest or was a beneficiary;
or
(b)
If a revocable trust, the individual was a settler.
I. Review of disclosure statements; enforcement.
(1) The Commission shall review the financial disclosure statements submitted
under this section for compliance with the provisions of this section
and shall notify an individual submitting the statement of any omissions
or deficiencies.
(2) The City Ethics Commission may take appropriate enforcement action
to ensure compliance with this section.
[Amended 8-27-2013 by Ord. No. O-13-22; 4-28-2015 by Ord. No. O-15-07; 9-11-2018 by Ord. No. O-18-18]
A. This
section applies to the following, provided that the offices exist:
(4) The City Finance Director;
(6) All City department heads; and
(7) Members of all boards, commissions and committees of the City of
Hagerstown, Maryland, and City appointees to non-City boards, commissions,
and committees.
B. An
employee or an official shall file the financial disclosure statement
required under this subsection:
(1) On a form provided by the Ethics Commission for the City of Hagerstown
(the "Commission");
(2) Under oath or affirmation; and
C. Deadlines
for filing statements.
(1) An employee or official shall file a financial disclosure statement
annually no later than January 31 of each year for the preceding calendar
year.
(2) An official who is hired or appointed to fill a vacancy in an office
for which a financial disclosure statement is required and who has
not already filed a financial disclosure statement shall file a statement
for the preceding calendar year within 30 days after appointment.
D. Public
record.
(1) The Commission shall maintain all financial disclosure statements
filed under this section. Home addresses shall be redacted from public
disclosure.
(2) The Commission shall make financial disclosure statements available
during normal office hours for examination and copying by the public,
subject to reasonable fees and administrative procedures established
by the Commission.
(3) If an individual examines or copies a financial disclosure statement,
the Commission shall record:
(a)
The name and home address of the individual reviewing or copying
the statement; and
(b)
The name of the person whose financial disclosure statement
was examined or copied.
(4) Upon request by the individual whose financial disclosure statement
was examined or copied, the Commission shall provide the official
with a copy of the name and home address of the person who reviewed
the employee's or official's financial disclosure statement.
E. Retention requirements. The Commission shall retain financial disclosure
statements for four years from the date of receipt.
F. Contents of statement.
(1) Interests in real property.
(a)
A statement filed under this section shall include a schedule
of all interests in real property located in Washington County, Maryland.
(b)
For each reported interest in real property, the schedule shall
include:
[1]
The nature of the property and the location by street address,
mailing address, or legal description of the property;
[2]
The nature and extent of the interest held, including any conditions
and encumbrances on the interest;
[3]
The date when, the manner in which, and the identity of the
person from whom the interest was acquired;
[4]
The nature and amount of the consideration given in exchange
for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired;
[5]
If any interest was transferred, in whole or in part, at any
time during the reporting period, a description of the interest transferred,
the nature and amount of the consideration received for the interest,
and the identity of the person to whom the interest was transferred;
and
[6]
The identity of any other person with an interest in the property.
(2) Interests in corporations and partnerships.
(a)
A statement filed under this section shall include a schedule
of all interests in any corporation, partnership, limited-liability
partnership, or limited-liability corporation, which is authorized
to do business in the State of Maryland and has a place of business
in Washington County, Maryland.
(b)
For each interest reported under this subsection, the schedule
shall include:
[1]
The name and address of the principal office of the corporation,
partnership, limited-liability partnership, or limited-liability corporation;
[2]
The nature and amount of the interest held, including any conditions
and encumbrances on the interest;
[3]
With respect to any interest transferred, in whole or in part,
at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received for
the interest, and, if known, the identity of the person to whom the
interest was transferred; and
[4]
With respect to any interest acquired during the reporting period:
[a]
The date when, the manner in which, and the identity of the
person from whom the interest was acquired; and
[b]
The nature and amount of the consideration given in exchange
for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired.
(c)
An individual may satisfy the requirement to report the amount of interest held under Subsection
F(2)(b)[2] of this section by reporting, instead of a dollar amount:
[1]
For an equity interest in a corporation, the number of shares
held and, unless the corporation's stock is publicly traded,
the percentage of equity interest held; or
[2]
For an equity interest in a partnership, the percentage of equity
interest held.
(3) Interests in business entities doing business with the City.
(a)
A statement filed under this section shall include a schedule
of all interests in any business entity that does business with the
City.
(b)
For each interest reported under this subsection, the schedule
shall include:
[1]
The name and address of the principal office of the business
entity;
[2]
The nature and amount of interest held, including any conditions
to and encumbrances on the interest;
[3]
With respect to any interest transferred, in whole or in part,
at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received in
exchange for the interest, and, if known, the identity of the person
to whom the interest was transferred; and
[4]
With respect to any interest acquired during the reporting period:
[a]
The date when, the manner in which, and the identity of the
person from whom the interest was acquired; and
[b]
The nature and amount of the consideration given in exchange
for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired.
(4) Employment with entities doing business with the City.
(a)
A statement filed under this section shall include a schedule
of all salaried employment by the individual or member of the immediate
family of the individual held at any time during the reporting period
with entities doing business with the City.
(b)
For each position reported under this subsection, the schedule
shall include:
[1]
The name and address of the principal office of the business
entity;
[2]
The title and nature of the salaried employment held and the
date it commenced; and
[3]
The name of each City agency with which the entity is involved
or by which the entity is regulated.
(5) Indebtedness to persons or entities doing business with the City.
(a)
A statement filed under this section shall include a schedule
of all liabilities, excluding retail credit accounts, to persons or
entities doing business with the City owed at any time during the
reporting period:
[2]
By the spouse or dependent children ("immediate family members")
of the individual if the individual was involved in the transaction
giving rise to the liability.
(b)
For each liability reported under this subsection, the schedule
shall include:
[1]
The identity of the person to whom the liability was owed and
the date the liability was incurred;
[2]
The amount of the liability owed as of the end of the reporting
period;
[3]
The terms of payment of the liability and the extent to which
the principal amount of the liability was increased or reduced during
the year; and
[4]
The security given, if any, for the liability.
(6) Employment with City. A statement filed under this section shall
include a schedule of the immediate family members of the individual
employed by the City in any capacity at any time during the reporting
period.
(7) Gifts.
(a)
A statement filed under this section shall include a schedule of each gift, as defined in §
33-3 hereof, in excess of $20 in value or a series of gifts totaling $100 or more received during the reporting period from or on behalf of, directly or indirectly, any one person or entity who does business with the City.
(b)
For each gift reported, the schedule shall include:
[1]
A description of the nature and value of the gift; and
[2]
The identity of the person or entity from whom, or on behalf
of whom, directly or indirectly, the gift was received.
(8) For a statement filed on or after January 1, 2019, if the individual's
spouse is a regulated lobbyist, any entity that has engaged the spouse
for lobbying purposes; and
(9) A statement filed under this section may also include a schedule
of additional interests or information that the individual making
the statement wishes to disclose.
G. For the purposes of Subsection
F(1),
(2), and
(3) of this chapter, the following interests are considered to be the interests of the individual making the statement:
(1) An interest held by a member of the individual's immediate family,
if the interest was, at any time during the reporting period, directly
or indirectly controlled by the individual.
(2) An interest held by a business entity in which the individual held
a 30% or greater interest at any time during the reporting period.
(3) An interest held by a trust or an estate in which, at any time during
the reporting period:
(a)
The individual held a reversionary interest or was a beneficiary;
or
(b)
If a revocable trust, the individual was a settler.
H. Board members - modified requirements. An appointed member of a City
board, commission or committee, and City appointees to non-City boards,
commissions or committees, shall file the statement required by this
section and shall be required to disclose the information specified
only with respect to those interests, gifts, compensated positions,
and liabilities that may create a conflict between the member's
personal interests and the member's duties on the board.
I. Review of disclosure statements; enforcement.
(1) The Commission shall review the financial disclosure statements submitted
under this section for compliance with the provisions of this section
and shall notify an individual who submitted the statement of any
omissions or deficiencies.
(2) The City Ethics Commission may take appropriate enforcement action
to ensure compliance with this section.
[Amended 8-27-2013 by Ord. No. O-13-22]
A. The Commission may issue a cease-and-desist order against any person
found to be in violation of this chapter and may seek enforcement
of this order in the Circuit Court of Washington County. The court
may issue a cease-and-desist order and may also impose a fine up to
$500 for any violation of the provisions of this chapter.
B. A City official, employee, or appointee found to have violated this
chapter may be subject to disciplinary or other appropriate action,
including but not limited to reprimand, probation, suspension of City
employment, with or without suspension of salary or other compensation,
or termination or removal. The Commission shall make recommendations
to the appropriate City authority.
C. Violation of the lobbying disclosure requirements contained in §
33-5 of this chapter shall be a misdemeanor subject to a fine of up to $500 or imprisonment of up to one year. The Commission shall make recommendations to the appropriate prosecuting authority.