This chapter may be cited as the "Town of Bel Air Code of Ethics."
In this chapter, the following terms have the meanings indicated.
BOARD
The Town of Bel Air Board of Ethics established under §
43-4A of this chapter.
BUSINESS ENTITY
A.
A corporation, general or limited partnership, sole proprietorship,
joint venture, unincorporated association or firm, institution, trust,
foundation, or other organization, whether or not operated for profit.
B.
"Business entity" does not include a governmental entity.
COMPENSATION
A.
Any money or thing of value, regardless of form, received or
to be received by any individual covered by this chapter from an employer
for service rendered.
B.
For the purposes of §
43-8 of this chapter, 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.
DESIGNATED SECOND HOME
A.
If an individual owns one second home, the individual's
second home; or
B.
If an individual owns more than one second home, any one second
home the individual identifies to the Board as the individual's
designated second home.
DOING BUSINESS WITH
A.
Having or negotiating a contract that involves the commitment,
either in a single or combination of transactions, of $5,000 or more
of Town of Bel Air controlled funds;
B.
Being regulated by or otherwise subject to the authority of
the Town of Bel Air; or
C.
Being registered as a lobbyist under §
43-8 of this chapter.
ELECTED OFFICIAL
A.
Any individual who holds an elective office of the Town of Bel
Air.
B.
"Elected official" does not include the Sheriff, State's
Attorney, Register of Wills, or Clerk of the Court.
EMPLOYEE
A.
An individual who is employed by the Town of Bel Air.
B.
"Employee" does not include an elected local official.
C.
"Employee" does not include an employee of:
(1)
The offices of the Sheriff, State's Attorney, Register
of Wills, or Clerk of the Court;
(2)
The County Health Department; or
(3)
The County Department of Social Services.
FINANCIAL INTEREST
A.
Ownership of any interest as the result of which the owner has
received, within the past three years, or is presently receiving,
or in the future is entitled to receive, more than $1,000 per year;
or
B.
Ownership, or the ownership of securities of any kind representing
or convertible into ownership, of more than 3% of a business entity
by a Town of Bel Air official or employee, or the spouse of an official
or employee.
GIFT
A.
The transfer of anything of economic value, regardless of the
form, without adequate and lawful consideration.
B.
"Gift" does not include a contribution as defined in the Election
Law Article, Annotated Code of Maryland.
HOME ADDRESS
The address of an individual's:
B.
Designated second home, if any.
INTEREST
A.
A legal or equitable economic interest, whether or not subject
to an encumbrance or a condition, that is owned or held, in whole
or in part, jointly or severally, directly or indirectly.
B.
For purposes of §
43-6 of this chapter, "interest" includes any interest held at any time during the reporting period.
C.
"Interest" does not include:
(1)
An interest held in the capacity of a personal agent, custodian,
fiduciary, personal representative, or trustee, unless the holder
has an equitable interest in the subject matter;
(2)
An interest in a time or demand deposit in a financial institution;
(3)
An interest in an insurance policy, endowment policy, or annuity
contract under which an insurer promises to pay a fixed amount of
money either in a lump sum or periodically for life or a specified
period;
(4)
A common trust fund or a trust which forms part of a pension
or profit sharing plan which has more than 25 participants and which
has been determined by the Internal Revenue Service to be a qualified
trust under the Internal Revenue Code;
(5)
A college savings plan under the Internal Revenue Code; or
(6)
A mutual fund or exchange-traded fund that is publicly traded
on a national scale unless the mutual fund or exchange-traded fund
is composed primarily of holdings of stocks and interests in a specific
sector or area that is regulated by the individual's governmental
unit.
LOBBYING
A.
Communicating in the presence of a Town of Bel Air official
or employee with the intent to influence any official action of that
official or employee; or
B.
Engaging in activities with the express purpose of soliciting
others to communicate with a Town of Bel Air official or employee
with the intent to influence that official or employee.
LOBBYIST
A person required to register and report expenses related to lobbying under §
43-8 of this chapter.
OFFICIAL
An elected official, an employee of the Town of Bel Air,
or a person appointed to or employed by the Town of Bel Air or any
Town of Bel Air agency, board, commission, or similar entity:
A.
Whether or not paid in whole or in part with Town of Bel Air
funds; and
B.
Whether or not compensated.
PERSON
Includes an individual or business entity.
PRINCIPAL HOME
The sole residential property that an individual occupies
as the individual's primary residence, whether owned or rented
by the individual.
QUASI-GOVERNMENTAL ENTITY
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.
SECOND HOME
A residential property that:
A.
An individual occupies for some portion of the filing year;
and
B.
Is not a rental property or a time share.
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.