This chapter may be cited as the Wicomico County Ethics Law.
In this chapter, the following terms have the meanings indicated:
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.
COMMISSION
The Wicomico County Ethics Commission established pursuant
to this chapter.
COMPENSATION
Any money or thing of value, regardless of form, given, or
to be given to a person for services rendered.
DOING BUSINESS WITH
A.
Having, bidding on, or negotiating a contract that involves
the commitment, either in a single or combination of transactions,
of $5,000 or more of County-controlled funds; or
B.
Being regulated by or otherwise subject to the authority of
the County; or
C.
Being registered as a lobbyist under Article
VI of this chapter.
ELECTED OFFICIAL
A.
Any individual who holds an elective office of Wicomico County.
B.
Elected official does not include the Sheriff, State's Attorney,
Register of Wills, or the Clerk of the Court.
EMPLOYEE
A.
An individual who is employed by Wicomico County.
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 the 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 County 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 political campaign contribution regulated
under the Elections Article, 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.
INTEREST
A.
A legal or equitable economic interest, whether or not subject
to an encumbrance or a condition, which is owned or held by a person
subject to this chapter in any way, in whole or in part, jointly or
severally, directly or indirectly.
B.
For purposes of Article
IV 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, or personal representative, 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; or
(5)
A college savings plan under the Internal Revenue Code.
LOBBYING
A.
Communicating in the presence of a County 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 County 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 Article
VI of this chapter.
PERSON
Includes an individual or business entity.
PUBLIC OFFICIAL
A.
An elected or appointed official;
B.
An employee of the County; and
C.
A person elected or appointed to serve on a County board, commission,
or similar entity listed in this chapter.
D.
"Public official" includes an individual listed under Subsection
A,
B or
C whether or not the individual is compensated, or whether or not the individual is compensated with County funds.
The provisions of this chapter shall apply to public officials
as specified herein.