[HISTORY: Adopted by the Council of the Town of Mounty Airy 10-6-2014 by Ord. No.
2014-3.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 13,
Ethics, adopted 6-13-2005 by Ord. No. 2005-7, as amended.
This chapter may be cited as the "Town of Mount Airy Public
Ethics Ordinance."
A.Â
The provisions of this chapter apply to all Town of Mount Airy:
A.Â
There
is a Town of Mount Airy Ethics Commission that consists of four members
and an alternate appointed by the Mayor with the advice and consent
of the Council. The terms of members shall be staggered. On or as
soon as practicable after the effective date of this chapter, the
Mayor, with the Town Council's advice and consent, shall appoint new
members plus an alternate, and/or extend or shorten the terms of the
members and/or alternate as of the effective date of this chapter,
such that the terms of members of the commission shall expire respectively
on August 1, 2013, April 1, 2014, June 1, 2015, and August 1, 2016
and the term of the alternate shall expire on May 1, 2015. Commission
members and the alternate shall thereafter serve four-year terms or
until their successors are appointed, and the Mayor, with the advice
and consent of the Council, shall thereafter appoint or reappoint
members and an alternate upon the expiration of the respective terms
of the position for which appointment is being made. All appointees
shall be residents of Mount Airy. Successors will fill the unexpired
term of the departing member. No member may participate in any matter
concerning that member's conduct. The members so appointed shall select
from among their number a Chair who shall preside at all meetings
of the Commission whenever present and a Vice Chair who shall preside
in the absence of the Chair. The Chair or Vice Chair, if presiding,
shall be entitled to participate in all discussions and debates of
the Commission but who shall not cast any vote with respect to the
issuance of an advisory opinion or a determination as to any complaint
unless necessary at the time in order to constitute a quorum for conducting
business or break a tie of voting members present.
B.Â
The
Commission shall:
(1)Â
Devise, receive, and maintain all forms required by this chapter;
(2)Â
Develop procedures and policies for advisory opinion requests and
provide published advisory opinions to persons subject to this chapter
regarding the applicability of the provisions of this chapter to them;
(3)Â
Develop procedures and policies where necessary for the processing of complaints filed pursuant to Subsection G below in order to make appropriate determinations regarding complaints filed by any person alleging violations of this chapter; and
(4)Â
Conduct a public information program regarding the purposes and application
of this chapter.
(5)Â
Administer, review, and make determinations on complaints filed under Subsection G below and carry out any other duties and responsibilities contained in the Town of Mount Airy Public Ethics Ordinance.
(6)Â
Issue a report to the Town Council annually summarizing its activities
to the extent they are matters of public record.
C.Â
The
Commission may seek advice from the Town Attorney or other counsel,
and the Mayor or Council President shall be informed that expenditures
may be incurred.
[Amended 10-4-2021 by Ord. No. 2021-22]
D.Â
The
Commission shall certify to the State Ethics Commission on or before
October 1 of each year that the Town is in compliance with the requirements
of State Government Article, Title 15, Subtitle 8, Annotated Code
of Maryland, for elected local officials.
E.Â
The
Commission shall determine if changes to this chapter are required
to be in compliance with the requirements of State Government Article,
Title 15, Subtitle 8, Annotated Code of Maryland, and shall forward
any recommended changes and amendments to the Town Council for enactment.
F.Â
The
Commission may adopt other policies and procedures to assist in the
implementation of the Commission's programs established in this chapter.
G.Â
Filing of complaints and prehearing dispositions.
(1)Â
Any person, who shall be referred to as the "complainant," may file a notarized, written, signed complaint with the Commission alleging a violation of any provision of this chapter. The Town official, employee or appointee against whom the complaint is directed shall be referred to as the "respondent." The Commission will acknowledge to the complainant receipt of the complaint as soon as practicable along with written notice of the confidentiality provisions set forth in Subsection K below. If such a complaint is not notarized or is not signed, the Commission shall summarily dismiss the complaint and inform the complainant in writing of the dismissal and the reasons for the dismissal. The Commission may issue a complaint on its own motion alleging a violation of this chapter. Any complaint, unless summarily dismissed, shall be provided by the Commission to the respondent along with written notice of the confidentiality provisions set forth in Subsection K below.
(2)Â
Any complaint not summarily dismissed shall be reviewed by the Commission
as soon as practicable. If the complaint is dismissed as without merit
on its face, the complainant and respondent shall be notified of the
dismissal in writing.
(3)Â
If the complaint is not summarily dismissed or dismissed as without
merit on its face, the Commission, with the assistance of the Town
Attorney or other counsel shall collect evidence relating to the allegations
of the complaint. As soon as practicable thereafter, the Commission
shall make a preliminary determination as to whether there has been
a violation of this chapter by the respondent.
[Amended 10-4-2021 by Ord. No. 2021-22]
(4)Â
If after investigation and accumulation of the evidence, and upon
a preliminary review thereof, the Commission determines that the evidence
does not merit further proceedings because the evidence does not establish
a violation of this chapter by the respondent, the complaint shall
be dismissed without further proceedings by the Commission in a signed
order. An order of dismissal shall be sent to the complainant and
to the respondent.
(5)Â
If, within 15 days after receipt of the complaint as provided for in Subsection G(1), the respondent takes action to cure all alleged violations, the complaint shall be closed by a signed order, reviewed by the Town Attorney or other counsel, as long as the Commission finds that the action cures all alleged violations and determines that such action is not contrary to the purposes of this chapter.
(6)Â
If at any time prior to issuing findings of fact and conclusions of law the respondent and Commission mutually agree to any action that may be available to cure all alleged violations, the complaint shall be closed by a signed order if the Commission finds such action is not contrary to the purposes of this chapter, Settlements by mutual agreement may include remedies not specifically stated in § 13-9.
H.Â
Hearing.
(1)Â
As soon as practicable, but not less than 15 days, before the hearing,
the Commission shall make available for inspection and copying all
evidence gathered by the Commission during its investigation and/or
which has been submitted to the Commission, to include any such evidence
that may tend to establish that the respondent has not committed a
violation of this chapter.
(2)Â
At the hearing, the Commission will present evidence relating to
the complaint and may recommend such disposition of the complaint
as appears appropriate. The respondent may be represented by counsel,
and the proceeding shall be conducted in accordance with provisions
of the Maryland Administrative Procedures Act to the extent that act
is consistent with this chapter.
I.Â
Post-hearing disposition.
(1)Â
After consideration of all the evidence and any legal and professional
advice, the Commission shall, within 30 days of the conclusion of
the hearing, or as soon as practicable, make findings of fact and
conclusions of law with respect to each of the alleged violations,
and advise the complainant and respondent.
(2)Â
The Commission may, after issuing findings of fact and conclusions
of law, enter into a consent order with the respondent that cures
all alleged violations, prohibits future violations, and is not contrary
to the purposes of this chapter. Such consent order shall be part
of the public record upon the conclusion of the matter, and the complainant
shall be notified.
(3)Â
If the Commission concludes that the respondent has not violated
any of the provisions of this chapter, the Commission shall enter
an order dismissing the complaint and shall advise the complainant
and respondent.
(4)Â
If the Commission decides that the respondent has violated any of the provisions of this chapter, the Commission may take actions as provided for in § 13-9.
(5)Â
If the Commission, in the course of considering a complaint, finds
that there are reasonable grounds to believe that the respondent may
have committed a criminal offense, the matter shall be referred promptly
to an appropriate prosecuting authority.
J.Â
Judicial review and judicial relief.
(1)Â
If aggrieved by the final order of the Commission, the respondent
may request judicial review in accordance with the provisions of the
Maryland Administrative Procedure Act.
(2)Â
The final order of the Commission shall be stayed automatically until
the time for seeking judicial review has expired. If a timely appeal
for judicial review is filed, the final order shall be further stayed
until the final disposition of the matter by the court.
K.Â
Confidentiality of proceedings.
(1)Â
Notwithstanding any other provisions of law to the contrary, following the filing of a complaint and unless and until the matter is either referred for criminal prosecution or there has been a finding of a violation by the Commission or the complaint was dismissed by the Commission, the proceedings, meetings and activities of the Commission in connection with the complaint shall be conducted in a confidential manner. Except as set forth in Subsection K(1)(a) through (c) below, the Commission, its staff, and the complainant and respondent shall not disclose any information relating to the complaint, to include the identities of the complainant and respondent. As set forth in Subsection G(1) above, complainant and respondent shall be provided written notice of the confidentiality provisions of this subsection. Notwithstanding the foregoing, release of otherwise confidential information may, and in the case of Subsection K(1)(c) below shall, be made at any prior time under the following circumstances:
[Amended 10-4-2021 by Ord. No. 2021-22]
(a)Â
If the Commission grants a release in writing upon request of
the respondent, the respondent may make disclosure of otherwise confidential
information concerning the complaint as set forth in the written release
issued by the Commission.
(b)Â
If release of otherwise confidential information has been agreed
to in writing by the respondent expressly waiving the confidentiality
of the information concerning the complaint, the Commission, its staff
and/or the complainant may make disclosure of otherwise confidential
information.
(c)Â
The identity of the complainant shall be disclosed to the respondent,
at the request of the respondent, at any time.
A.Â
In
this section, "qualified relative" means a spouse, parent, child,
or sibling.
B.Â
All Town officials, employees and appointees described in § 13-2 above are subject to this section.
C.Â
Participation
prohibitions. Except as permitted by Commission regulation or opinion,
an official, employee or appointee may not participate in and must
recuse himself or herself from:
(1)Â
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 a qualified relative of the official or employee has
an interest.
(2)Â
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;
(a)Â
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;
(b)Â
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;
(c)Â
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.
(d)Â
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;
(e)Â
An entity, doing business with the Town, 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
(f)Â
A business entity that:
[1]Â
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
[2]Â
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.
(3)Â
(5)Â
A former regulated lobbyist who is or becomes subject to this chapter
as an employee or official, other than an elected official or an appointed
official, may not participate in a case, contract, or other specific
matter as an employee or official, other than an elected official
or appointed official, 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 the matter.
[Added 1-6-2020 by Ord.
No. 2019-15]
D.Â
Employment
and financial interest restrictions.
(1)Â
Except as authorized pursuant to Subsection D(2) below, an official or employee may not during his or her service to or employment with the Town also:
(a)Â
Be employed by or have a financial interest in any entity that has not been disclosed to and approved by any applicable appointing authority and the Commission pursuant to Subsection D(2)(c)[2] below and:
[1]Â
That regularly has matters for consideration, decision or recommendation
by the Town office, agency, board, advisory committee, commission
or other body on or in which the official serves as would, upon recusal
by the official on each such matter, regularly prevent the official
from fulfilling his or her responsibilities to the Town and would,
without recusal on each such matter, regularly impair the appearance
of impartiality or independence of judgment of the official; or
[2]Â
That regularly has matters for consideration, decision or recommendation
by the Town that relate to the employee's scope of duties for the
Town as would, upon recusal by the employee on each such matter, regularly
prevent the employee from fulfilling his or her responsibilities to
the Town and would, without recusal on each such matter, regularly
impair the appearance of impartiality or independence of judgment
of the employee; or
[3]Â
That is negotiating or has entered into a contract with the
Town office, agency, board, advisory committee, commission or other
body on or in which the official serves; or
[4]Â
That is negotiating or has entered into a contract with the
Town the award of which relates to the employee's scope of duties
to the Town or the performance of which is or will be supervised or
administered by the employee on behalf of the Town.
(2)Â
This prohibition does not apply to:
(a)Â
An official or employee who is appointed to a regulatory or
licensing authority pursuant to a legislative requirement or other
criteria applicable to the authority that persons subject to the jurisdiction
of the authority be represented in appointments to the authority;
(b)Â
Appointment to service without pay on a purely advisory committee
where the appointing authority has determined it to be advantageous
to obtain advice on matters from such a committee comprised in whole
or in part of members who hold business interests in the matters about
which the committee is to provide advice;
(c)Â
Subject to other provisions of law, an official or employee
in regard to a financial interest or employment held at the time of
appointment or acquired thereafter, provided:
[1]Â
The financial interest or employment is publicly disclosed to
the appointing authority if applicable and to the Commission; and
[2]Â
The appointing authority if applicable and Commission authorize
the simultaneous holding of his or her position with the Town and
the financial interest or employment upon a finding that:
[a]Â
Said interest or employment will not regularly require recusal
by the official or employee so as to impair the performance of his
or her duties to the Town and without recusal would regularly impair
the appearance of impartiality or independence of judgment of the
official or employee; and
[b]Â
Said interest or employment is not with an entity that is negotiating
or has entered into a contract with the Town office, agency, board,
advisory committee, commission or other body on or in which the official
serves or is to serve; or the award of which relates to the employee's
or prospective employee's scope of duties to the Town or the performance
of which is or will be supervised or administered by the employee
or prospective employee on behalf of the Town.
(d)Â
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
by and in accordance with regulations adopted by the Commission; or
(e)Â
An official or employee who terminates employment, or divests himself or herself of any financial interest, without transfer of such to a straw purchaser with intent of future transfer back to the official or employee or to a person related by blood or marriage, of the type prohibited in Subsection D(1)(a) above before undertaking his or her duties for the Town.
E.Â
Post-employment
limitations and restrictions.
(1)Â
A former official or employee may not assist or represent any party
other than the Town for compensation in a case, contract, or other
specific matter involving the Town if that matter is one in which
the former official or employee significantly participated as an official
or employee.
(2)Â
A former member of the Town Council may not assist or represent another
party for compensation in a matter that is the subject of legislative
action in which the former member significantly participated for a
period of two years after leaving office.
(3)Â
A former elected official may not assist or represent another party
for compensation in a matter that is the subject of legislative action
for one calendar year after the elected official leaves office.
[Added 1-6-2020 by Ord.
No. 2019-15]
F.Â
Contingent
compensation. Except in a judicial or quasijudicial proceeding, a
current official or current employee may not assist or represent a
party for contingent compensation in any matter before or involving
the Town.
G.Â
Use
of prestige of office.
(1)Â
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)Â
This subsection does not prohibit the performance of usual and customary
constituent services by an elected local official without additional
compensation.
(3)Â
Except as part of the official duties of the official or employee,
or as a usual and customary constituent service without additional
compensation, an official or employee may not:
[Added 1-6-2020 by Ord.
No. 2019-15]
(a)Â
Influence the award of a contract to a specific person;
(b)Â
Directly or indirectly initiate a solicitation for a person
to retain the compensated services of a particular regulated lobbyist
or lobbying firm;
(c)Â
Use public resources to solicit a political contribution or
promote his or her election campaign; and
(d)Â
Use public resources to solicit a political contribution or
promote a candidate for public office.
H.Â
Solicitation
and acceptance of gifts.
(1)Â
An official or employee may not solicit any gift. A "gift," as used
throughout this chapter, includes the transfer of any right, property,
thing or service of any value for which the recipient has not furnished
identifiable and adequate consideration.
(2)Â
An official or employee may not directly solicit or facilitate the
solicitation of a gift, on behalf of another person, from an individual
regulated lobbyist.
(3)Â
An official or employee may not knowingly accept a gift, directly
or indirectly, from a person that the official or employee knows or
has the reason to know:
(a)Â
Is doing business with or seeking to do business with the Town
office, agency, board, advisory committee, or commission with which
the official or employee is affiliated;
(b)Â
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)Â
Is engaged in an activity regulated or controlled by the official's
or employee's governmental unit; or
(d)Â
Is a lobbyist with respect to matters within the jurisdiction
of the official or employee.
(4)Â
Notwithstanding Subsection H(3), an official or employee may accept the following:
(a)Â
Meals and beverages consumed in the presence of the donor or
sponsoring entity;
(b)Â
Ceremonial gifts or awards that have insignificant monetary
value;
(c)Â
Unsolicited gifts of nominal value that do not exceed $20 in
cost or trivial items of informational value;
(d)Â
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;
(e)Â
Gifts of tickets or free admission extended to an elected local
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;
(f)Â
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 Town and that the
gift is purely personal and private in nature;
(g)Â
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
(h)Â
Honoraria for speaking to or participating in a meeting, provided
that the offering of the honorarium is in not related in any way to
the official's or employee's official position.
(5)Â
Subsection H(4) does not apply to a gift;
(a)Â
That would tend to impair the impartiality and the independence
of judgment of the official or employee receiving the gift;
(b)Â
Of significant value that would give the appearance of impairing
the impartiality and independence of judgment of the official or employee;
or
(c)Â
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.
I.Â
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.
J.Â
Participation in procurement.
(1)Â
An individual or a person that employs an individual who assists
a Town agency 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)Â
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.
K.Â
Retaliate
against an individual. A covered individual may not retaliate against
a person for reporting or participating in an investigation of a potential
violation of the Town of Mount Airy Ethics Law.
[Added 10-4-2021 by Ord. No. 2021-22]
A.Â
Required
disclosures - general.
(1)Â
This section applies to all local elected officials and candidates
to be local elected officials. In this section, "immediate family"
means a spouse or dependent child.
(2)Â
Except as provided in § 13-5C(3)(a) below, a local elected official or a candidate to be a local elected official shall file the financial disclosure statement required under this section:
B.Â
Deadlines
for filing statements: local elected officials.
(1)Â
An incumbent local elected official shall file a financial disclosure
statement annually no later than April 30 of each year for the preceding
calendar year.
(2)Â
An individual 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)Â
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.
C.Â
Deadlines
for filing statements: candidates to be local elected officials.
(1)Â
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 local official shall file under 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)Â
A candidate to be an elected local official shall file a statement
required under this section;
(3)Â
A candidate to be an elected official:
(a)Â
May file the statement required under § 13-5C(2)(a) of this chapter with the Town Clerk or Board of Election Supervisors when nominated or when a candidate declares himself or herself to be a write-in candidate and/or begins campaigning for elective office, or may file the statement with the Commission prior thereto; and
(b)Â
Shall file the statements required under § 13-5C(2)(b) with the Commission.
(4)Â
If a candidate fails to file a statement required by this section
within 10 calendar days after written notice is provided by the Town
Clerk or Board of Election Supervisors, the candidate is deemed to
have withdrawn the candidacy.
(5)Â
The Town Clerk or Board of Election Supervisors may not accept any
certificate of candidacy unless a statement has been filed in proper
form.
(6)Â
Within 10 calendar days of the receipt of a statement required under
this section, the Town Clerk or Board of Election Supervisors shall
forward the statement to the Commission or the office designated by
the Commission.
D.Â
Public
record.
(1)Â
The Commission or office designated by the Commission shall maintain
all financial disclosure statements filed under this section.
(2)Â
Financial disclosure statements shall be made available during normal
office hours for examination and copying by the public subject to
reasonable fees and administrative procedures established by the Commission.
(3)Â
If an individual examines or copies a financial disclosure statement,
the Commission or the office designated by the Commission shall record:
(4)Â
The Commission or the office designated by 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.
(5)Â
For statements filed after January 1, 2019, the Commission will not
grant public access to, and will redact, an official's home address
designated as such by the official.
[Added 1-6-2020 by Ord.
No. 2019-15]
E.Â
Retention requirements. The Commission or the office designated by
the Commission shall retain financial disclosure statements for 10
years from the date of receipt at which time they shall be destroyed
pursuant to the Town's approved Records Retention and Disposal Schedule.
F.Â
Contents of statement. The disclosure statements required by this
section shall contain:
(1)Â
Interests in real property.
(a)Â
A statement filed under this section shall include a schedule
of all interests in real property wherever located.
(2)Â
Interests in corporations and partnerships.
(a)Â
A statement filed under this section shall include a schedule
of all interests in any corporation, partnership, limited liability
partnership, or limited liability corporation except those that are
publicly traded in which the interest held is less than 5% of the
ownership.
(3)Â
Interests in business entities doing business with the Town.
(a)Â
A statement filed under this section shall include a schedule
of all interests in any business entity that does business with the
Town, other than interests reported under Subsection E(2).
(b)Â
For each interest reported under this subsection, the schedule
shall include:
[1]Â
The name and address of the principal office of the business
entity;
[2]Â
The nature and amount of the interest held, including any conditions
to and encumbrances on the interest;
[3]Â
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]Â
With respect to any interest acquired during the reporting period:
(4)Â
Gifts.
(a)Â
A statement filed under this section shall include a schedule
of each gift 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 who does business with
or is regulated by the Town.
(5)Â
Employment with or interests in entities doing business with Town.
(a)Â
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
Town.
(b)Â
For each position reported under this subsection, the schedule
shall include:
(6)Â
Indebtedness to persons or entities "doing business with" the Town,
which for the purposes of this subsection shall mean persons or entities
that are or become regulated by, are in contract with or that are
seeking a contract with or other benefit from the Town but shall not
include persons or entities that perform regular and routine banking
services or extend credit by means of a credit card to the Town and
the person required to make disclosure under this section.
[Amended 1-6-2020 by Ord.
No. 2019-15]
(a)Â
A statement filed under this section shall include a schedule
of all liabilities, excluding retail credit accounts, to persons doing
business with or regulated by the individual's Town unit or department
owed at any time during the reporting period:
(b)Â
For each liability reported under this subsection, the schedule
shall include:
[1]Â
The identity of the person to whom the liability was owed and
the date the liability was incurred;
[2]Â
The amount of the liability owed as of the end of the reporting
period;
[3]Â
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]Â
The security given, if any, for the liability.
(7)Â
A statement filed under this section shall include a schedule of
the immediate family members of the individual employed by the Town
in any capacity at any time during the reporting period.
(8)Â
Sources of earned income.
(a)Â
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, except as set forth in Subsection F(8)(b) below, 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.
(9)Â
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.
(10)Â
Notwithstanding any of the foregoing provisions, the financial disclosure
required by this section need not disclose interests in publicly traded
mutual funds unless such funds are comprised primarily of interests
in a specific sector that is regulated by the Town.
G.Â
For the purposes of Subsection F(1), (2) and (3) above, the following interests are considered to be the interests of the individual making the statement:
(1)Â
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)Â
An interest held by a business entity in which the individual held
a 30% or greater interest at any time during the reporting period.
H.Â
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.
I.Â
The Town Ethics Commission may take appropriate enforcement action
to ensure compliance with this section.
B.Â
A
statement filed under this section shall be filed with the Commission
under oath or affirmation.
C.Â
On
or before April 30 of each year during which an official or employee
holds office, an official or employee shall file a statement disclosing
gifts received during the preceding calendar year from any person
that contracts with the Town, or bids on a contract with the Town,
has business before the Town, or is regulated by Town, including the
name of the donor of the gift and the approximate retail value at
the time or receipt.
D.Â
An
official or employee shall disclose employment and interests that
raise conflicts of interest or potential conflicts of interest in
connection with a specific proposed action by the employee or official
sufficiently in advance of the action to provide adequate disclosure
to the public.
E.Â
A lobbyist serving on a board, commission or committee and who is
disqualified from participating in a specific matter shall file a
statement of recusal with the board, commission or committee.
[Amended 1-6-2020 by Ord.
No. 2019-15]
A.Â
A
person shall file a lobbying registration statement with the Commission
if the person:
(1)Â
Personally appears before a Town official or employee with the intent
to influence that person in performance of the official duties of
the official or employee; and
(2)Â
In connection with the intent to influence, expends or reasonably
expects to expend in excess of $20 on a single gift or $100 or more
on a series of gifts in a given calendar year on food, entertainment,
or other gifts for officials or employees of Town of Mount Airy.
B.Â
A
person shall file a registration statement required under this section
on or before the later of January 15 of the calendar year or within
five days after first performing an act that requires registration
in the calendar year.
C.Â
D.Â
Within 30 days after the end of any calendar year during which a
person was registered under this section, the person shall file a
report with the Commission disclosing;
(1)Â
The value, date, and nature of any food, entertainment, or other
gift provided to a Town official or employee; and
(2)Â
If a gift to a single official or employee of the Town of Mount Airy
exceeds $20 in value, or a series of gifts totaling $100 or more given
in one calendar year, the identity of the official or employee.
(3)Â
If the filer's spouse is a regulated lobbyist, the entity that has
engaged the spouse to lobby.
[Added 1-6-2020 by Ord.
No. 2019-15]
E.Â
The Commission shall maintain the registrations and reports filed
under this section as public records available for public inspection
and copying for four years after receipt by the Commission.
A.Â
The Commission may upon application grant exemptions and modifications to the provisions of §§ 13-4 and 13-6 of this chapter to employees and to appointed members of Town Boards, Advisory Committees, and Commissions if the Commission finds that the applicant has established by a preponderance of the evidence that an exemption or modification would not be contrary to the essential purposes of this chapter and that:
(1)Â
Relative to the disclosure requirements set forth in § 13-6:
(a)Â
A disclosure would constitute an unreasonable invasion of privacy;
(b)Â
The impact of complete nondisclosure is minimal or may be mitigated
and thus be rendered minimal by partial disclosure or that the invasion
of privacy may be mitigated to an acceptable level as determined by
the Commission by means of redacting certain of the information that
would be considered private and yet would disclose enough information
such that the impact of nondisclosure would be minimal; and
(c)Â
A disclosure would, were others similarly situated required
to make the same or similar disclosure, significantly reduce the availability
of qualified persons for public service.
(2)Â
Relative to conflicts of interest and the provisions of § 13-4 of this chapter:
(a)Â
The impact of granting an exemption or modification is minimal;
(b)Â
The risk of the applicant being improperly influenced in making
decisions and/or in the performance of his/her duties is minimal;
and
(c)Â
Not granting an exemption or modification would significantly
reduce the availability of similarly situated qualified persons for
public service.
A.Â
B.Â
Upon a finding of a violation of any provision of this chapter, the
Commission may:
(1)Â
Issue an order of compliance directing the respondent to cease and
desist from the violation;
(2)Â
Issue a reprimand;
(3)Â
Recommend to the appropriate authority other appropriate discipline
of the respondent, including censure or removal if that discipline
is authorized by law.
(4)Â
Pursue other remedies as provided for in the Code of the Town of
Mount Airy.
(5)Â
Order
the respondent to reimburse the Town the cost of any Town services,
or to return to the Town, or reimburse the Town the value of, any
Town property found to be improperly used or obtained by the respondent
for personal gain.
[Added 10-4-2021 by Ord. No. 2021-22]
(6)Â
Order
the respondent to reimburse the Town's expenses, including the services
of the Town Attorney or other counsel retained to represent the Commission,
in connection with the proceedings before the Commission.
[Added 10-4-2021 by Ord. No. 2021-22]
C.Â
If the Commission finds that a respondent has violated § 13-7 of this chapter, the Commission may:
D.Â
Upon request of the Commission, the Town Attorney may file a petition
for injunctive or other relief in the circuit court of Carroll County,
or in any other court having proper venue for the purpose of requiring
compliance with the provisions of this chapter and the court may;
(1)Â
Issue an order to cease and desist from the violation;
(2)Â
Except as provided in Subsection D(4) below, void an official action taken by an official or employee with a conflict of interest prohibited by this chapter when the action arises from or concerns the subject matter of the conflict and if the legal action is brought within 90 days of the occurrence of the official action, if the court deems voiding the action to be in the best interest of the public; or
(3)Â
Impose a fine of up to $5,000 for any violation of the provisions
of this chapter, with each day upon which the violation occurs constituting
a separate offense.
(4)Â
Notwithstanding Subsection D(2) above, a court may not void any official action appropriating public funds, levying taxes, or providing for the issuance of bonds, notes, or other evidences of public obligations.
(5)Â
Order
the respondent to reimburse the Town the cost of any Town services,
or to return to the Town, or reimburse the Town the value of, any
Town property found to be improperly used or obtained by the respondent
for personal gain.
[Added 10-4-2021 by Ord. No. 2021-22]
(6)Â
Order
the respondent to reimburse the Town's expenses, including the services
of the Town Attorney or other counsel retained to represent the Commission,
in connection with the proceedings before the Commission and the court.
[Added 10-4-2021 by Ord. No. 2021-22]
E.Â
In addition to any other enforcement provisions in this chapter,
a person who the Commission or a court finds has violated this chapter:
F.Â
A Town official or employee found to have violated this chapter is
subject to disciplinary or other appropriate personnel action, including
removal from office, disciplinary action, suspension of salary, or
other sanction.
G.Â
Violation of § 13-7 of this chapter shall be a misdemeanor subject to a fine of up to $10,000 or imprisonment of up to one year.
H.Â
A finding of a violation of this chapter by the Commission is public
information.
If any section, sentence, clause, or phrase of this chapter
is held invalid or unconstitutional by any court of competent jurisdiction,
the ruling shall not affect the validity of the remaining portions
of this chapter.