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Wicomico County, MD
 
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Table of Contents
Table of Contents
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.
IMMEDIATE FAMILY
A spouse and dependent children.
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.
QUALIFIED RELATIVE
A spouse, parent, child, brother or sister.
A. 
The County Executive and County Council of Wicomico County, recognizing that our system of representative government is dependent in part upon the people maintaining the highest trust in their public officials, find and declare that the people have a right to be assured that the impartiality and independent judgment of public officials will be maintained.
B. 
It is evident that this confidence and trust is eroded when the conduct of the County's business is subject to improper influence and even the appearance of improper influence.
C. 
For the purpose of guarding against improper influence, the County enacts this Public Ethics Law to require certain public officials to disclose their financial affairs and to set minimum standards for the conduct of local government business.
D. 
It is the intention of the County that this chapter, except its provisions for criminal sanctions, be liberally construed to accomplish this purpose.
The provisions of this chapter shall apply to public officials as specified herein.