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, 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.
As used in this chapter, the following terms shall have the meanings
indicated:
BUSINESS ENTITY
Includes a corporation, general or limited partnership, sole proprietorship,
joint venture, unincorporated association, real estate investment trust or
other business trust.
CANDIDATE
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.
GIFT
Includes any gift, reward, honorarium or testimonial, whether or
not it relates to the performance of official duties.
INTEREST
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.
PERSON
Includes any natural person, corporation, partnership, trust, unincorporated
association or other organization, entity or enterprise.
PUBLIC RECORD
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:
C. Such other nonelected public officials. appointed by
the County Commissioners, as the County Commissioners may deem required to
file by a subsequent ordinance or resolution.
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:
(1) The name of the corporation and the jursidiction of incorporation.
(2) The date when and the manner in which the interest was
acquired.
C. A schedule of all interest in any other business entity.
This schedule as to each such interest shall include:
(1) The name, nature and principal office of the business
entity.
(2) The date when and the manner in which the interest was
acquired.
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:
(1) The nature and donor of the gift.
(2) The recipient of the gift.
(3) If the recipient of the gift is other than the person
making the statement, the relationship or nature of such association between
the recipient and the person making the statement.
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.
(1) The name and address of the principal office of the business
entity.
(2) The title and nature of the office, directorship or salaried
employment held.
(3) The nature of the business done with the county by the
business entity.
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:
(1) The identity of the person to whom the liability is owed.
(2) The nature of the liability.
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:
(1) Name and relationship of family member.
(2) Nature of employment with county.
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.