[HISTORY: Adopted by the Board of County Commissioners of Dorchester
County 5-7-74 as Ord. No. 11. Amendments noted where applicable.]
The County Commissioners for Dorchester County, recognizing that our
system of representative government is dependent in part upon the people maintaining
the highest trust in their public officers, finds and declares that the people
have a right to be assured that the financial interests of holders of and
candidates for public office present no conflict with the public trust, and
in compliance with Article 33, § 29-10, of the Annotated Code of
Maryland,[1] it is therefore the purpose of this chapter to promote the continued
trust and confidence of the people of Dorchester County in the integrity of
their public officers.
[1]
Editor's Note: Article 33, § 29-10, of the Annotated
Code of Maryland was repealed by Acts 1979, ch. 513, § 1, effective
July 1, 1979. For current provisions, see Article 40A, §§ 4-101
et seq., of the Annotated Code of Maryland.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes a corporation, general or limited partnership, sole proprietorship,
joint venture, unincorporated association, real estate investment trust or
other business trust.
Includes candidates for the county offices set forth herein, either
for nomination and/or election to such office, who shall file with the appropriate
election authorities for such office.
Includes any gift, reward, honorarium or testimonial, whether or
not it relates to the performance of official duties.
Any legal or equitable interest, whether or not subject to an encumbrance
or a condition, which was owned or held, in whole or in part, jointly or severally,
directly or indirectly, at anytime during the calendar year for which a required
statement is to be filed. "Interest" includes an interest in any stock or
similar security; preorganization certificate or subscription; investment
contract; voting trust certificate; limited or general partnership or joint
venture; business trust or certificate of interest or participation in a profit-sharing
agreement or in an oil, gas or other mineral royalty or lease; a certificate
or interest instrument of participation in, or a certificate or instrument
convertible, with or without consideration, into, or a guaranty of, or warrant
or right to subscribe to or purchase, any of the foregoing; a put, call, straddle
or other option or privilege of subscribing to or purchasing any of the foregoing;
or any other equity interest, however evidenced, which entitles the owner
or holder thereof, directly or indirectly, alone or in concert with others,
to receive or direct any part of the profits from or to exercise any part
of the control over a business entity, as well as any interest which, conditionally
or unconditionally, with or without consideration, is convertible thereto. "Interest"
also includes an interest in a note, bond, debenture or any other evidence
of a creditor interest. However, "interest" shall not include any interest
held solely in the capacity of a personal representative, agent, custodian
or trustee nor an interest in a time or demand deposit in a financial institution
nor an interest in an insurance or endowment policy or annuity contract under
which an insurance company promises to pay a fixed number of dollars, either
in a lump sum or periodically for life or some other specified period.
Includes any natural person, corporation, partnership, trust, unincorporated
association or other organization, entity or enterprise.
Includes all records available to the general public, maintained
by state, county or federal agencies within Dorchester County and shall include,
without limitation, such records of the Clerk of the Circuit Court for Dorchester
County, records of the Register of Wills of Dorchester County and records
of the Supervisor of Assessments for Dorchester County.
All persons holding, and candidates for the following, county offices
are required to file the statements provided for in this chapter:
A.
Each person who shall become a candidate for any office set forth in § 95-3 hereof, after the effective date hereof, or who shall hold any office set forth above after January 1, 1975, shall file with the Clerk of the County Commissioners on or before the 15th day of April of each year during that person's term in office, or, in the case of a candidate, upon that candidate's filing for election, the statement required by this chapter for the calendar year immediately preceding such filing date; provided, however, that in the case of a candidate, the statement shall only be for that portion of the calendar year preceding the year in which the candidate files for election; provided, further, that this chapter does not apply to an incumbent during a general election year, unless he or she files for reelection.
B.
Regardless of how many offices one (1) individual may
hold or be a candidate for, an individual is only required by this chapter
to file one (1) financial statement for each calendar year.
C.
In the event that a candidate fails to comply with the
requirements of this chapter, he shall be deemed to have withdrawn his candidacy
and be ineligible to have his name placed upon the ballot at the next primary
or general election.
D.
The Clerk of the County Commissioners shall, upon receipt
of a financial statement in proper form, forward notification of such receipt
to the local Board of Election Supervisors, the State Administrative Board
of Election Laws and the Secretary of State.
E.
All statements filed pursuant to this chapter shall be
maintained by the Clerk to the County Commissioners and shall be made available
by such Clerk, during normal office hours, for examination by duly registered
voters of Dorchester County, who shall demonstrate to the satisfaction of
the Clerk to the County Commissioners that they are, in fact, duly registered
voters of Dorchester County; subject, however, to such reasonable fees and
administrative procedures as the Clerk to the County Commissioners may establish
from time to time. All statements shall be retained as public records for
at least two (2) years from the date of their receipt by the Clerk to the
County Commissioners.
F.
The Clerk to the County Commissioners shall require that
any person examining such statements shall record his name, home address and
the name of the person whose statement was examined.
G.
The Clerk to the County Commissioners shall provide forms
for use in the filing of the statements required by this chapter.
The statement required to be filed by this chapter shall contain schedules
disclosing the following interests of the person making the statement, together
with the following information, for the calendar year for which the required
statement is to be filed; provided that if any interest is a matter of public
record in Dorchester County, it need not be listed, other than for notation
under the appropriate heading of "interests of public records" or, if appropriate,
"liabilities of public record" or, wheresoever appropriate, "of public record."
A.
A schedule of all interests in or with respect to any
real property in the state and all interests in or with respect to any real
property outside of the state, this schedule to such interests shall include:
(1)
The nature of the property and the location, by street
address, mailing address or legal description of the property.
(2)
The nature and extent of the interest held, including
any conditions thereto and encumbrances thereon; monetary amounts need not
be included so long as interests, conditions and encumbrances are identified.
(3)
The date when, the manner in which and the identity of
the person from whom the interest was acquired.
(4)
The identity of any other person with an interest in
the property.
B.
A schedule of all interest in any corporation, whether
or not the corporation does business with the state. This schedule as to each
such interest shall include:
D.
A schedule of each gift of property received by the person
making the statement in excess of fifty dollars ($50.) in value and each gift
of moneys in excess of fifty dollars ($50.), including the forgiveness of
any liability, received at any time during the year for which the statement
is filed by the person making the statement or by any other person at the
direction or for the benefit of the person making the statement. This schedule
as to each such gift shall include:
E.
A schedule of all offices, directorships and salaries
or employment held, at any time during the year for which the statement is
filed, in any corporation or other business entity which does business with
the county. For purposes of this subsection, "doing business" shall be defined
as the entry into or transaction of or any combination of contracts or other
legal dealings to, from or within the county or any agency thereof involving
a consideration of ten thousand dollars ($10,000.) or more on a cumulative
basis for the year for which the statement is filed.
F.
A schedule of all liability to any person or business
entity doing business with the county during the year for which the statement
is filed, excluding retail credit accounts, as known to the person making
the statement, this schedule as to each such liability shall include:
G.
A list of all members of the immediate family of the
person making the statement who have been, during the year for which the statement
is made, employed by the county in any capacity. The term "immediate family"
shall include only the spouse and dependent children. This list shall contain:
H.
Such additional information as the person making the
statement might desire.
The County Attorney shall be charged with the enforcement of this chapter
and may enforce the same by petition in the Circuit Court for Dorchester County
or any other appropriate court for injunctive, declaratory or any other appropriate
relief, provided that fifteen (15) days' prior written notice be given
to the alleged violator, pursuant to the equity jurisdiction granted to the
various Circuit Courts by virtue of Article 33, § 29-8, of the Annotated
Code of Maryland.[1]
[1]
Editor's Note: Article 33, § 29-8, of the Annotated
Code of Maryland was repealed by Acts 1979, ch. 513, § 1, effective
July 1, 1979. For current provisions, see Article 40A, §§ 4-101
et seq., of the Annotated Code of Maryland.
