Town of New Windsor, MD Chapter 18 Ethics, Code of

[HISTORY: Adopted by the Mayor and Council of the Town of New Windsor by Ord. No. 97-102 (Ch. 2.04 of the 1998 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Planning Commission — See Ch. 35.

§ 18-1 Applicability.

The provisions of this chapter apply to all New Windsor officials and regular employees.

§ 18-2 Ethics Commission.

There shall be a Town of New Windsor Ethics Commission, which shall be composed of three members appointed by the Mayor with the approval of a majority of the Town Council. Members of the Commission shall be residents of the Town. The Commission shall be advised by the Town Attorney and shall have the following responsibilities:

A. To devise, receive and maintain all forms generated by this chapter;

B. To provide advisory opinions to persons subject to the chapter as to the applicability of the provisions of this chapter to them;

C. To process and make determination as to complaints filed by any person alleging violations of this chapter.

§ 18-3 Conflicts of interest.

A. No officer or employee of the Town shall be directly or indirectly interested in any services or materials furnished to the Town, nor receive any emoluments or profit from such services or materials beyond the salary paid him or her.

B. No officer or employee of the Town shall:

(1) Participate on behalf of the Town in any matter which would, to their knowledge, have a direct financial impact, as distinguished from the public generally, on them, their spouse or dependent child, or a business entity with which they are affiliated;

(2) Hold or acquire an interest of 10% or greater in a business entity that has or is negotiating a contract of $10,000 or more with the Town or is regulated by their agency, except as exempted by the commission, pursuant to § 18-6 of this chapter;

(3) Be employed by a business entity that has or is negotiating a contract of more than $10,000 with the Town or is regulated by their agency, except as exempted by the commission pursuant to § 18-6 of this chapter;

(4) Hold any outside employment relationship that would impair their impartiality or independence of judgment;

(5) Represent any party for a contingent fee, before any Town body;

(6) Solicit any gift or accept gifts of greater than $50 in value, from any person or entity that is negotiating a contract with the Town, except when these gifts would not present a conflict of interest as determined by the Commission;

(7) Use the prestige of their office for their own benefit or that of another;

(8) Use confidential information acquired in their official Town position for their own benefit or that of another.

§ 18-4 Financial disclosure.

A. The Town of New Windsor officials and employees listed in Subsection C of this section shall file annually, not later than January 31 each calendar year during which they hold office, a statement with the Commission disclosing any gifts of greater than $100 in value, received during the preceding calendar year and in connection with business involving the Town from any person regulated by their agency. The statement shall identify the donor of the gift and its approximate retail value at the time of receipt.

B. Officials and employees required to file are as follows:

(1) Mayor and Town Council members;

(2) Clerk-Treasurer;

(3) Planning Commission members;

(4) Members of the Board of Zoning Appeals;

(5) Any other officers or employees designated by the Mayor and Town Council.

C. All Town officials and employees for elective office to positions subject to this section shall file a statement with the Commission disclosing any interest or employment, the holding of which would require disqualification from participation pursuant to § 18-3A of this chapter, sufficiently in advance of any anticipated action to allow adequate disclosure to the public.

§ 18-5 Lobbying disclosures.

A. Any person or entity who is required to register with the Maryland State Ethics Commission pursuant to the provisions of the Annotated Code of Maryland, State Government Article 15-701, shall register with the Town of New Windsor Ethics Commission, on forms provided by that Commission.

B. Registration forms filed pursuant to this section shall be maintained by the Ethics Commission as public records available for public inspection and copying.

§ 18-6 Exemptions and modifications.

The Commission may grant exemptions and modifications to the provisions of §§ 18-3, 18-4 and 18-5 of this chapter, if it determines that application of those provisions would:

A. Constitute an unreasonable invasion of privacy;

B. Significantly reduce the availability of qualified persons for public service;

C. Not be required to preserve the purposes of this chapter.

§ 18-7 Violations and penalties; enforcement.

A. The Commission may issue a cease and desist order against any person found to be in violation of this chapter and may seek enforcement of this order in the Circuit Court for Carroll County.

B. A Town official or employee found to have violated this chapter may be subject to disciplinary or other appropriate personnel action, including the suspension of Town salary or other compensation.