[Adopted 4-11-2016 by Ord. No. 20-2016]
Every candidate for election to any elective office provided
for in the City Charter shall file with the City Ethics Commission
written reports in accordance with this article of all cash and in-kind
contributions received, or by any other person acting on the candidate's
behalf and known to the candidate, for use in connection with the
candidate's campaign for election, and any expenditures made,
or known to have been made by any person other than the candidate
on the candidate's behalf, in connection with such election.
If actual costs for an expenditure are not available when a report
is due, this must be documented on the report and an estimate must
be provided. An in-kind contribution shall be considered anything
of value, other than a gift of money, donated to any candidate or
representative, or a representative of any political committee, to
promote or assist any candidate or political committee.
Any political committee making independent expenditures in excess
of $250 in cash or in-kind contributions to assist in the promotion
of the success or defeat of any candidate or slate of candidates for
City elective office shall file with the City Ethics Commission reports
in accordance with this article of all monetary and in-kind contributions
received and expenditures made. If actual costs for an expenditure
are not available when a report is due, this must be documented on
the report and an estimate must be provided. An in-kind contribution
shall be considered anything of value, other than a gift of money,
donated to any candidate or representative, or a representative of
any political committee, to promote or assist any candidate or political
committee. Expenditures by a political committee may not be coordinated
with any candidate or group of candidates.
Any individual that expends a cumulative total of $250 or more
in cash or in-kind contributions to assist in the promotion of the
success or defeat for any candidate or slate of candidates for City
office shall file reports of such expenditures with the City Ethics
Commission in accordance with this article. If actual costs for an
expenditure are not available when a report is due, this must be documented
on the report and an estimate must be provided.
All reports required by this article shall be retained by the
City and maintained by the City Ethics Commission in a separate filing
system as provided by the City for not less than seven years after
the election to which they pertain. The Taneytown Ethics Commission
shall make all forms filed available for public inspection and create
summaries thereof for publication by the City.
[Amended 1-14-2019 by Ord. No. 08-2018]
A. No candidate
or political committee may pay a fine issued for violations of this
article with campaign contributions.
B. No campaign
expenditure shall be made in cash. All expenditures shall be made
by check from the campaign account, except as otherwise provided by
this article in provisions relating to candidates who have filed a
self-funding affidavit.
[Added 1-14-2019 by Ord.
No. 8-2018]
For the purposes of this article, a run-off election, if required,
shall not be deemed as an election separate and apart from the general
election which it follows.
Campaign material includes, but is not limited to, signs, buttons,
letters, tickets, solicitations, sample ballots, mailings, radio and
television advertisements, websites, electronic media advertisement,
social networking sites, bumper stickers, handouts and paraphernalia.
Each item of campaign material must include an authority line, set
apart from the other printing or content of the campaign material.
The authority line must state the name and address (unless the address
is on file with the Ethics Commission) of the person who is responsible
for the production and distribution of the campaign material.
No person other than a candidate, treasurer or other agent of
such candidate, or political committee, shall make an expenditure
to aid or promote the success or defeat of a candidate. No person
may avoid the limitations on permitted campaign contributions by making
an expenditure to aid or promote the success or defeat of a candidate.
However, any individual may pay for the cost of publishing his or
her own personal views as to a candidate. A person shall be identified
if campaign materials are prepared or authorized by a candidate, treasurer
of the candidate, political committee or done in coordination with
a candidate, a candidate's treasurer or political committee.
Any corporation, business, other legal entity or a natural person
shall have the right to make any contribution to or expenditure on
behalf of a candidate, and any candidate may accept a contribution
from the above-named sources in accordance with the provisions of
the City Code.
After an election, a candidate or political committee may retain
surplus funds, or surplus funds may be disposed of as follows:
A. Returned, pro rata, to the contributors by the treasurer; or
B. Paid to a charitable organization registered pursuant to Article
41, § 103B, of the Annotated Code of Maryland, as amended,
or to a charitable organization exempt from such registration pursuant
to Article 41, § 103, of the Annotated Code of Maryland,
as amended; or
C. Paid to a local board of education or to a recognized nonprofit organization
providing services or funds for the benefit of pupils or teachers;
or
D. Paid to any public or private institution of higher education in
the state for scholarship or loan purposes.
[Amended 1-14-2019 by Ord. No. 08-2018]
A. The Taneytown
Ethics Commission shall be responsible for promulgating the forms
necessary to carry out the intent of this article. A form shall be
provided for candidates that solely self-fund their campaign and expend
less than $500, which shall contain an affidavit to such information
and will be filed with the first report required under this article.
Upon making this election, the candidate is prohibited from expending
more than $500 and accepting campaign contributions for the remainder
of the election cycle. These candidates shall be required to file
an expenditure report at the times required by this article.
B. Further,
the Ethics Commission shall be empowered to request and receive any
and all documentation from those regulated under this article, to
support, substantiate, or investigate matters related to the purposes
of this article.
[Amended 1-14-2019 by Ord. No. 08-2018]
A. To enforce
compliance with the provisions of this article, the Ethics Commission
may impose fines up to $500 for each violation to the provisions of
this article.
B. Any person
who willfully violates the provisions of this article shall be guilty
of a misdemeanor. Any officer or employee of the City government who
is convicted of a misdemeanor under the provisions of this article
shall immediately, upon a guilty finding, cease to hold such office
or employment.
C. In addition
thereto, the City may institute injunctive, mandamus or any other
appropriate action or proceedings at law or equity for enforcement
of this article or to correct violations of this article, and any
court of competent jurisdiction shall have the right to issue a restraining
order, temporary or permanent injunctions or mandamus or other appropriate
form of remedy or relief.