As used in this chapter, the following terms shall have the
meanings indicated:
The Queen Anne's County Ethics Commission.
This chapter may be cited as the Queen Anne's County Public
Ethics Law.
This chapter is adopted under the authority and in conformance
with the provisions of Subtitle 8, § 15-801 et seq. of the
State Government Article of the Annotated Code of Maryland, as amended.
A.
Queen
Anne's County, recognizing that our system of representative government
is dependent in large measure upon the people having trust and confidence
in their public officials and employees, finds and declares that the
people have a right to be assured that the impartiality and independent
judgment of public officials and employees will be maintained.
B.
This
confidence and trust is eroded when the conduct of Queen Anne's County
business is subject to improper influence or even the appearance of
improper influence.
C.
The
people have a right to be assured that the financial interest of holders
of and candidates for public office and public officials and employees
present no conflict with the public interest.
D.
This
chapter establishes ethical standards for County officials and employees,
financial disclosure requirements for certain County officials, employees,
and members of Boards and Commissions, and disclosure requirements
for lobbyists.
E.
For
the purpose of guarding against improper influence and setting minimum
standards for the ethical conduct of public business, the Board of
County Commissioners of Queen Anne's County enacts this Public Ethics
Law.
F.
The
policy goal is the maintenance of a system that liberally construes
this chapter, except its provisions for criminal sanction.
The provisions of this chapter shall be applicable as follows:
A.
Elected
County officials. The elected Board of County Commissioners shall
be subject to the provisions of this chapter.
B.
Officials
and employees.
(1)
All County administrators, managers and supervisors at Grade 110
or above in the Classified Service, all professional and executive
service employees, and the following positions shall be subject to
the provisions of this chapter:
[Amended 10-11-2016 by Ord. No. 16-13; 2-12-2019 by Ord. No. 19-02]
|
Accountant(s)
|
|
Analyst(s)
|
|
Benefits Counselor Program Specialist
|
|
County Attorney
|
|
County Contract Attorneys
|
|
Planners
|
|
Engineers
|
|
Case Managers
|
|
Resource and Development Specialists
|
(2)
Also included are all other department heads or division chiefs of
County government not specifically mentioned herein.
C.
Boards
and commissions.
(1)
Members of the following boards and commissions are subject to the
provisions of this chapter:
|
Agricultural Preservation Board
|
|
Animal Control Commission
|
|
Board of Appeals
|
|
Bay Bridge Airport Commission
|
|
Board of Building Appeals
|
|
Advisory Board of Recreation and Parks
|
|
Board of Electrical Examiners
|
|
Ethics Commission
|
|
Plumbing Board
|
|
Queen Anne's County Housing Authority
|
|
Kent Narrows Development Foundation Board of Directors
|
|
Board of Liquor License Commissions
|
|
Queen Anne's County Planning Commission
|
(2)
Members of any other board or commission that has decision-making
authority are subject to the provisions of this chapter.
D.
Exempt
County officials. The following County officials are covered under
the provisions of the Maryland Public Ethics Law:
[Amended 2-12-2019 by Ord. No. 19-02]
|
State's Attorney
|
|
Deputy State's Attorney
|
|
Assistant State's Attorney
|
|
Clerk of the Circuit Court
|
|
Judges of the Orphans Court
|
|
Judges of the Circuit Court
|
|
Judges of the District Court
|
|
Register of Wills
|
|
Sheriff
|
|
Deputy Sheriffs
|
|
Personnel and employees of the Sheriff’s Department
|
E.
Queen Anne's County officials and employees. In addition to the officials and employees and members of the boards and commissions identified in Subsections A, B and C of this section, all other officials and employees of Queen Anne's County, Maryland, and all members of other County boards and commissions shall be subject to the provisions of § 8-11, Conflicts of interests, and § 8-12, Gifts, of this chapter.
The words used in this chapter shall have their normal, accepted
meanings except as set forth below:
Any corporation (including any parent, subsidiary, or affiliated
corporation or business entity), general or limited partnership, sole
proprietorship (including a private consultant operation), LLCs, joint
venture, unincorporated association or firm, institution, trust, foundation,
or other organization, whether or not operated for profit.
Any money or thing of value, regardless of form, received
or to be received by any individual covered by this chapter for service
rendered. If lobbying is only a portion of a person's employment,
compensation means a prorated amount based on the time devoted to
lobbying compared to the time devoted to other employment duties.
Having or negotiating a contract that involves the commitment
(either in a single transaction or combination of transactions) of
funds controlled by Queen Anne's County in a calendar year.
The parents, children, siblings, and the spouse of any official
or employee.
The transfer of anything of economic value, regardless of form, without adequate and lawful consideration. Gift does not include the solicitation, acceptance, receipt, or regulation of political campaign contributions regulated under Chapter 13 of the Election Law Article (fair election practices) of the Annotated Code of Maryland, or under any other state or local law regulating the conduct of elections or the receipt of political campaign contributions.
Any economic interest, either legal or equitable, whether
or not subject to an encumbrance or a condition, owned or held, in
whole or in part, jointly or severally, directly or indirectly. Interest
does not include:
An interest held in the capacity of a personal agent, representative,
custodian, fiduciary or trustee, unless the holder has an equitable
interest therein; or
An interest in a time or demand deposit in a financial institution,
a money market fund, publicly traded mutual fund, or retirement fund,
including any County or state retirement or pension fund; or
An interest in an insurance or endowment policy or annuity contract
under which an insurance company promises to pay a fixed number of
dollars, whether in a lump sum or periodically for life or some other
specified period; or
A common trust fund or a trust fund which forms part of a pension
or profit-sharing plan which has been determined by the Internal Revenue
Service to be a qualified trust under Sections 401 and 501 of the
Internal Revenue Code of 1954, as amended.
Communicating with any official or employee, for the purpose of influencing that person in performance of his or her official duties, by a person required to register pursuant to the provisions of § 8-14, Lobbying disclosure, of this article. Lobbying does not include:
Drafting bills; or
Advising and rendering opinions to clients as to the construction
and effect of proposed or pending legislative or executive actions;
or
Actions of a publisher or working member of the press (including
radio and television) in the ordinary course of disseminating news
or making editorial comment; or
Communication from a bona fide religious organization solely
for the purpose of protecting the right of its own members to practice
the doctrine of the organization; or
Communication as a witness at specific invitation or request
of an official, employee or registered lobbyist; or
Communication by any public official or employee as part of
his/her official duties.
Any person lobbying, as defined above, if such person:
Spends or intends to spend $100 or more on food, entertainment,
services, or gifts for officials or employees or their spouses, or
dependent children during a calendar year; or
Is compensated $500 or more in a calendar year for lobbying;
or
Spends $500 or more in a calendar year to compensate another
person or persons for lobbying to influence an official or employee
in the performance of his or her official duties;
Spends at least $2,000 or more in a calendar year for salaries,
contractual employees, postage, telecommunications services, electronic
services (including the creation and/or maintenance of an Internet
website), advertising, printing, and delivery services for the express
purpose of soliciting others to communicate with an employee or official
to influence that person in performance of his or her official duties.
Any person elected to, appointed to, or employed by Queen
Anne's County or any County agency, board or commission.
An entity that is created by state statute, that performs
a public function, and that is supported in whole or in part by the
state but is managed privately.
[Added 9-27-2022 by Ord. No. 22-10]
Engaged in any activity that is, as distinguished from the
public generally, regulated by, requires approval or supervision by,
or otherwise subject to the regulatory, administrative, or is other
jurisdiction or authority of any department, board, commission, office,
agency or other unity of the County.
