[HISTORY: Adopted by the Mayor and Council of the City of
Seat Pleasant 8-8-2011 by Ord. No. O-12-03.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 18, Ethics, adopted as follows: Art. I, Code of Ethics,
9-13-1982 by Ord. No. 82-05, as amended; Art. II, Financial Disclosure,
9-13-1982 by Ord. No. 82-05, as amended; and Art. III, Lobbying Disclosure,
2-14-1994 by Ord. No. 94-01.
This chapter may be cited as the "City of Seat Pleasant Public
Ethics Ordinance."
A.
This Public Ethics Ordinance is to ensure that the honesty and integrity
of the public officials and employees of the City of Seat Pleasant
remain above reproach. By ensuring this, it is certain that the City
government will acquire a reputation which will ensure public confidence
in the government and ensure that the public trust will not be violated.
This Public Ethics Ordinance is designed also to maintain the highest
standards of official conduct and to protect the freedoms and rights
of all those affected by this Public Ethics Ordinance.
B.
City officers and employees are responsible to all of the people
of this City and not to any favored segment or group. The business
and affairs of the City must be conducted in such an impartial manner
that all persons understand that no City officer or employee can be
improperly influenced. City officers and employees must avoid all
situations where prejudice, bias or opportunity for personal gain
could influence their decisions. They must equally avoid circumstances
suggesting that favoritism or personal gain is a motivating force
in the conduct of the City's business.
C.
It is the further intent of this Public Ethics Ordinance to set forth
the ethical standards to be followed by officers and employees of
the City. These standards are intended not only to require officers
and employees to avoid activities that might result in using a public
office or employment for private gain or the giving of favored treatment
to any organization or person but also to maintain public confidence
in City government by prohibiting activities that might permit opportunity
for personal gain or personal preference to influence decisions. The
objectives are to maintain an impartial administration of the City
government and to maintain public confidence in government.
D.
The people of this City have a right to be assured that the financial interests of holders of and candidates for public office and certain high-level employees present no conflict with the public trust. It is, therefore, the purpose of §§ 18-7 and 18-8 to promote the continued trust and confidence of the people of Seat Pleasant in the integrity of their public officers and high-level employees.
As used in this chapter, the following terms shall have the
meanings indicated:
[Added 10-10-2022 by Ord. No. O-23-02]
The City of Seat Pleasant Ethics Commission established under § 18-5A of this chapter.
[Added 10-10-2022 by Ord. No. O-23-02]
[Added 10-10-2022 by Ord. No. O-23-02]
Any money or thing of value, regardless of form, received or
to be received by any individual covered by this chapter from an employer
for service rendered.
For the purposes of § 18-9 of this chapter, if lobbying is only a portion of a person's employment, "compensation" means a prorated amount based on the time devoted to lobbying compared to the time devoted to other employment duties.
[Added 10-10-2022 by Ord. No. O-23-02]
Any contract, work or business or the performance of or litigation
arising out of or involving any such contract, work or business; or
the sale or acquisition of any property, the expense, price or consideration
for which is payable to or from the City treasury or by any assessment
levied pursuant to law; or the purchase, lease, rental or letting
of or grant of license or permit in relation to any real or other
property belonging to or taken by the City or which shall be sold
for taxes or assessments or by virtue of legal processes or any license
from the City for any reason whatsoever.
[Added 10-10-2022 by Ord. No. O-23-02]
An individual, other than an official, employed or appointed
to any position with the City Council or the Executive Branch of the
City government.[1]
Ownership by the official or his or her spouse, jointly or
severally, of a total of more than 3% of the invested capital or capital
stock of, or receipt of a total combined compensation of more than
$2,500 per year from, any entity involved in the decision being made
by the official or his or her agency, but shall not be construed to
mean or include an interest or investment in land geographically remote
from the land involved in the decision, a possibility of reverter
or a mortgage or other security interest in which the real party in
interest is not as otherwise defined in this subsection.
[Added 10-10-2022 by Ord. No. O-23-02]
The address of an individual's:
[Added 10-10-2022 by Ord. No. O-23-02]
A spouse and dependent children.
[Added 10-10-2022 by Ord. No. O-23-02]
[Added 10-10-2022 by Ord. No. O-23-02]
A legal or equitable economic interest, whether or not subject
to an encumbrance or a condition, that is owned or held, in whole
or in part, jointly or severally, directly, or indirectly.
For purposes of § 18-6 of this chapter, "interest" includes any interest held at any time during the reporting period.
"Interest" does not include:
An interest held in the capacity of a personal agent, custodian,
fiduciary, personal representative, or trustee, unless the holder
has an equitable interest in the subject matter;
An interest in a time or demand deposit in a financial institution;
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;
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;
A college savings plan under the Internal Revenue Code; or
A mutual fund or exchange-traded fund that is publicly traded
on a national scale unless the mutual fund or exchange-traded fund
is composed primarily of holdings of stocks and interests in a specific
sector or area that is regulated by the individual's governmental
unit.
[Added 10-10-2022 by Ord. No. O-23-02]
Communicating in the presence of a City official or employee
with the intent to influence any official action of that official
or employee; or
Engaging in activities with the express purpose of soliciting
others to communicate with a City of Seat Pleasant official or employee
with the intent to influence that official or employee.
A person required to register and report expenses related to lobbying under § 18-9 of this chapter.
[Added 10-10-2022 by Ord. No. O-23-02]
An individual elected to an office on the Council or the
Executive Branch of the City government and all members of boards
and commissions appointed by the Mayor and confirmed by the Council.
It shall not include members of advisory boards, commissions or committees
appointed by the Mayor or the Council.
Includes an individual or business entity.
[Added 10-10-2022 by Ord. No. O-23-02]
The sole residential property that an individual occupies
as the individual's primary residence, whether owned or rented by
the individual..
[Added 10-10-2022 by Ord. No. O-23-02]
A spouse, parent, child, brother, or sister.
[Added 10-10-2022 by Ord. No. O-23-02]
An entity that is created by state statue, that performs
a public function, and that is supported in whole or in part by the
state but is managed privately.
[Added 10-10-2022 by Ord. No. O-23-02]
A residential property that:
[Added 10-10-2022 by Ord. No. O-23-02]
[1]
Editor's Note: The former definition of "entity," which immediately
followed this definition, was repealed 10-10-2022 by Ord. No. O-23-02. See now "business entity."
The provisions of this chapter apply, as noted, to all elected
officials, employees, and appointees to boards and commissions of
the City of Seat Pleasant and to candidates for elective office in
the City.
A.
There is a City of Seat Pleasant Ethics Commission that consists
of five members appointed by the Mayor and confirmed by the affirmative
vote of a majority of the City Council.
(1)
All members must reside and be registered voters in the City when
they are appointed and during their terms of office.
(2)
The City Council must act on all appointments submitted by the Mayor
at the Council's next regular meeting after the names are submitted.
If a proposed appointment is not confirmed by the Council at its next
regular meeting, the appointment shall be deemed rejected, and the
Mayor shall submit a new proposed appointee within five days after
the Council meeting. If the Mayor does not forward proposed appointees
to the City Council within the time required, the City Council shall
fill such vacancies, for which members of the City Council shall submit
names of prospective appointees to the Council President within 30
days after the Council meeting.
(3)
The Mayor shall, within 45 days of taking office, submit the names
of five qualified candidates to the City Council for review and confirmation.
The term of office of each member of the Commission shall be from
the date of appointment until the termination of the term of office
of the Mayor. In the event any member vacates his or her office prior
to the expiration of his or her term, the Mayor shall submit a proposed
qualified candidate within 30 business days to be reviewed and approved
by the City Council at its next regularly scheduled meeting. If the
Mayor does not submit such a candidate, then the City Council shall
submit three proposed qualified candidates to the Council President
within 30 business days. The candidate appointed shall fill the remainder
of his or her predecessor's term.
[Amended 1-12-2015 by Ord. No. O-15-04]
(4)
The Commission shall meet at the call of the Chairperson and at such
other times as may be requested by the Mayor or the City Council.
(5)
Three members shall constitute a quorum for the transaction of business.
(6)
The board shall submit, not later than January 30 of each year, to
the Mayor and to the City Council a report of its activities under
this chapter covering the immediately preceding calendar year, including
a summary statement concerning the nature of any complaints filed
with it and its decisions and advisory opinions.
(7)
During the investigation or review of any violation or request for
advisory opinion referred to the Commission and until a public hearing,
if any, is held on the violation or request, the activities of all
members of the Commission in connection with the investigation or
review shall be conducted without publicity, and the Commission shall
hold confidential any information related to the violation or request,
including but not limited to the identity of the officials or employees
involved, including the complainant, if any, and the official or employee
requesting an advisory opinion, except that any information may be
released at any time if its release has been agreed to, in writing,
by the official or employee requesting an advisory opinion or by the
official who has been alleged to be in violation of this chapter.
Nothing in this subsection shall prevent the Commission from discussing
and reviewing any and all matters with legal counsel advising the
Commission.
(8)
Violations.
(a)
At any time that a complaint alleges a violation of a criminal
law or the Commission, during an investigation, has reason to believe
that a criminal law is being or has been violated, the Commission
shall refer the matter promptly to the Prince George's County State's
Attorney or State Prosecutor, as appropriate, and shall take no further
action until advised by the State's Attorney or State Prosecutor that
the State's Attorney's or State Prosecutor's review and handling of
the matter has been concluded.
(b)
In all other matters alleging a violation of this chapter, the
Commission shall, upon completion of its investigation and a finding
of a violation, serve a written copy of its findings upon the party
or parties found to have violated this chapter. The findings shall
set forth the facts relied on and the person or persons who would
testify to the facts if so called upon to testify. If the Commission
determines that the violation can be cured or abated, the findings
shall also specify the corrective action necessary, if any, to cure
or abate the violation and the time period for completing the corrective
action.
B.
The Commission shall:
(1)
Devise, receive and maintain all forms required by this chapter;
(2)
Develop procedures and policies for advisory opinion requests and
provide published advisory opinions to persons subject to this chapter
regarding the applicability of the provisions of this chapter to them;
(3)
Develop procedures and policies for the processing of complaints
to make appropriate determinations regarding complaints filed by any
person alleging violations of this chapter;
(4)
Conduct a public information program regarding the purposes and application
of this chapter; and
(5)
Make
the financial disclosure forms available online of elected officials
and candidates for office for public viewing. The financial disclosure
form shall not show the address of the elected official or candidate
for office for public view.
[Added 2-12-2018 by Ord.
No. O-18-06; amended 10-10-2022 by Ord. No. O-23-02]
C.
The City Attorney or another attorney designated by the City Council
shall advise the Commission.
D.
The Commission shall certify to the State Ethics Commission, on or
before October 1 of each year, that the City is in compliance with
the requirements of State Government Article, Title 15, Subtitle 8,
Annotated Code of Maryland, for elected local officials.
E.
The Commission shall determine if changes to this chapter are required
to be in compliance with the requirements of State Government Article,
Title 15, Subtitle 8, Annotated Code of Maryland, and shall forward
any recommended changes and amendments to the City Council for enactment.
F.
The Commission may adopt other policies and procedures to assist
in the implementation of the Commission's programs established in
this chapter.
A.
In this section, "qualified relative" means a spouse, parent, child,
or sibling.
B.
All City elected officials, officials appointed to City boards and
commissions subject to this chapter, and employees are subject to
this section.
C.
Participation prohibitions. Except as permitted by Commission regulation
or opinion, an official or employee may not participate in:
(1)
Except in the exercise of an administrative or ministerial duty that
does not affect the disposition or decision of the matter, any matter
in which, to the knowledge of the official or employee, the official
or employee, or a qualified relative of the official or employee,
has an interest.
(2)
Except in the exercise of an administrative or ministerial duty that
does not affect the disposition or decision with respect to the matter,
any matter in which any of the following is a party:
(a)
A business entity in which the official or employee has a direct
financial interest of which the official or employee may reasonably
be expected to know;
(b)
A business entity for which the official, employee, or a qualified
relative of the official or employee is an officer, director, trustee,
partner, member or employee;
(c)
A business entity with which the official or employee or, to
the knowledge of the official or employee, a qualified relative is
negotiating or has any arrangement concerning prospective employment.
(d)
If the contract reasonably could be expected to result in a
conflict between the private interests of the official or employee
and the official duties of the official or employee, a business entity
that is a party to an existing contract with the official or employee,
or which, to the knowledge of the official or employee, is a party
to a contract with a qualified relative;
(e)
An entity, doing business with the City, in which a direct financial
interest is owned by another entity in which the official or employee
has a direct financial interest, if the official or employee may be
reasonably expected to know of both direct financial interests; or
(f)
A business entity that:
[1]
The official or employee knows is a creditor or obligee of the
official or employee or a qualified relative of the official or employee
with respect to a thing of economic value; and
[2]
As a creditor or obligee, is in a position to directly and substantially
affect the interest of the official or employee or a qualified relative
of the official or employee.
D.
Employment and financial interest restrictions.
(1)
Except as permitted by regulation of the Commission when the interest
is disclosed or when the employment does not create a conflict of
interest or appearance of conflict, an official or employee may not:
(a)
Be employed by or have a financial interest in any entity:
[1]
Subject to the authority of the official or employee or the
City office, department, agency, board or commission with which the
official or employee is affiliated; or
[2]
That is negotiating or has entered into a contract with, or
that is administered by, the City or an office, department, agency,
board, or commission of the City with which the official or employee
is affiliated; or
(b)
Hold any other employment relationship that would impair the
impartiality or independence of judgment of the official or employee.
(2)
The prohibitions of Subsection D(1) of this section do not apply to:
(a)
An official or employee who is appointed to a regulatory or
licensing authority pursuant to a statutory requirement that persons
subject to the jurisdiction of the authority be represented in appointments
to the authority;
(b)
Subject to other provisions of law, a member of a board or commission
in regard to a financial interest or employment held at the time of
appointment, provided the financial interest or employment is publicly
disclosed to the appointing authority and the Commission;
(c)
An official or employee whose duties are ministerial, if the
private employment or financial interest does not create a conflict
of interest or the appearance of a conflict of interest, as permitted
and in accordance with regulations adopted by the Commission; or
(d)
Employment or financial interests allowed by regulation of the
Commission if the employment does not create a conflict of interest
or the appearance of a conflict of interest or if the financial interest
is disclosed.
E.
Post-employment limitations and restrictions.
(1)
A former official or employee may not assist or represent any party
other than the City in a case, contract, or other specific matter
involving the City if that matter is one in which the former official
or employee significantly participated as an official or employee.
(2)
Until the conclusion of the next regular term of office that begins
after an elected official leaves office, a former member of the City
Council may not assist or represent another party for compensation
in a matter that is the subject of legislative action.
F.
Contingent compensation. An official or employee may not assist or
represent a party for contingent compensation in any matter before
or involving the City.
G.
Use of prestige of office.
(1)
An official or employee may not intentionally use the prestige of
office or public position for the private gain of that official or
employee or the private gain of another.
(2)
This subsection does not prohibit the performance of usual and customary
constituent services by an elected local official without additional
compensation.
(3)
The
official or employee shall not influence the award of contract to
a specific person, initiate a solicitation for a person to retain
the compensated services of a lobbyist or firm, or use public resources
or title to solicit a political contribution regulated in accordance
with the Election Law Article.
[Added 2-12-2018 by Ord.
No. O-18-06]
H.
Solicitation and acceptance of gifts.
(1)
An official or employee may not solicit any gift.
(2)
An official or employee may not directly solicit or facilitate the
solicitation of a gift, on behalf of another person, from an individual
regulated lobbyist.
(3)
An official or employee may not knowingly accept a gift, directly
or indirectly, from a person that the official or employee knows or
has the reason to know:
(a)
Is doing business with or seeking to do business with the City
office, department, agency, board or commission with which the official
or employee is affiliated;
(b)
Has financial interests that may be substantially and materially
affected, in a manner distinguishable from the public generally, by
the performance or nonperformance of the official duties of the official
or employee;
(c)
Is engaged in an activity regulated or controlled by the office,
department, agency, board or commission with which the official or
employee is affiliated; or
(d)
Is a lobbyist with respect to matters within the jurisdiction
of the official or employee.
(e)
If
an association, or any entity acting on behalf of an association,
is engaged only in representing counties or municipal corporations.
[Added 10-10-2022 by Ord. No. O-23-02]
(4)
Subsection H(5) of this section does not apply to a gift:
(a)
That would tend to impair the impartiality and the independence
of judgment of the official or employee receiving the gift;
(b)
Of significant value that would give the appearance of impairing
the impartiality and independence of judgment of the official or employee;
or
(c)
Of significant value that the recipient official or employee
believes or has reason to believe is designed to impair the impartiality
and independence of judgment of the official or employee.
(5)
Notwithstanding Subsection H(3) and subject to Subsection H(4) of this section, an official or employee may accept the following:
(a)
Meals and beverages consumed in the presence of the donor or
sponsoring entity;
(b)
Ceremonial gifts or awards that have insignificant monetary
value;
(c)
Unsolicited gifts of nominal value that do not exceed $20 in
cost or trivial items of informational value;
(d)
Reasonable expenses for food, travel, lodging, and scheduled
entertainment of the official or the employee at a meeting which is
given in return for the participation of the official or employee
in a panel or speaking engagement at the meeting;
(e)
Gifts of tickets or free admission extended to an elected local
official to attend a charitable, cultural, or political event, if
the purpose of this gift or admission is a courtesy or ceremony extended
to the elected official's office;
(f)
A specific gift or class of gifts that the Commission exempts
from the operation of this subsection upon a finding, in writing,
that acceptance of the gift or class of gifts would not be detrimental
to the impartial conduct of the business of the City and that the
gift is purely personal and private in nature;
(g)
Gifts from a person related to the official or employee by blood
or marriage, or any other individual who is a member of the household
of the official or employee; or
(h)
Honoraria for speaking to or participating in a meeting, provided
that the offering of the honorarium is in not related in any way to
the official's or employee's official position.
I.
Disclosure of confidential information, other than in the discharge
of official duties. An official or employee or former official or
former employee may not disclose or use confidential information that
the official or employee acquired by reason of the official's or employee's
public position or former public position and that is not available
to the public for the economic benefit of the official or employee
or that of another person.
[Amended 10-10-2022 by Ord. No. O-23-02]
J.
Participation in procurement.
(1)
An individual who drafts or assists in the drafting of specifications,
an invitation for bids, or a request for proposals for a procurement
for the City may not assist or represent another person, directly
or indirectly, who is submitting a bid or proposal for the procurement.
(2)
An individual who drafts or assists in the drafting of specifications,
an invitation for bids, or a request for proposals for a procurement
for the City may not submit a bid or proposal for the procurement.
(3)
A person who employs a current or former City official or employee
who drafted or assisted in the drafting of specifications, an invitation
for bids, or a request for proposals for a procurement for the City
may not submit a bid or proposal for that procurement or assist or
represent another person, directly or indirectly, who is submitting
a bid or proposal for the procurement.
(4)
The Commission may establish exemptions from the requirements of
this subsection for providing descriptive literature, sole-source
procurements, and written comments solicited by the procuring agency.
[Amended 2-13-2012 by Ord. No. O-12-11]
K.
An official
or employee may not retaliate against an individual for reporting
or participating in an investigation of a potential violation of the
local ethics law or ordinance.
[Added 10-10-2022 by Ord. No. O-23-02]
L.
A former
local lobbyist who becomes a City official or employee may not participate
in a case, contract or other specific matter for one calendar year
after terminating their lobbyist registration if they previously assisted
or represented another party in the matter.
[Added 3-11-2024 by Ord. No. O-24-11]
A.
This section applies to all elected officials and candidates to be
City elected officials.
B.
Filing statements.
(2)
Deadlines for filing statements.
(a)
An incumbent elected official shall file a financial disclosure
statement annually no later than April 30 of each year for the preceding
calendar year.
(b)
An individual who is appointed to fill a vacancy in an elective
office for which a financial disclosure statement is required and
who has not already filed a financial disclosure statement shall file
a statement for the preceding calendar year within 30 days after appointment.
(c)
An individual who, other than by reason of death, leaves an
office for which a statement is required shall file a statement within
60 days after leaving the office. The statement shall cover:
C.
Candidates to be elected officials.
(1)
Except an official who has filed a financial disclosure statement
under another provision of this section for the reporting period,
a candidate to be an elected official shall file a financial disclosure
statement each year beginning with the year in which the certificate
of candidacy is filed through the year of the election.
(2)
A candidate to be an elected official shall file a statement required
under this section:
(a)
In the year the certificate of candidacy is filed, no later
than the filing of the certificate of candidacy;
(b)
In the year of the election, on or before the earlier of April
30 or the last day for the withdrawal of candidacy; and
(c)
In all other years for which a statement is required, on or
before April 30.
(3)
A candidate to be an elected official:
(a)
Shall file the statement required under § 18-7C(2)(a) of this chapter with the certificate of candidacy or with the Commission prior to filing the certificate of candidacy; and
(b)
Shall file the statements required under § 18-7C(2)(b) and (c) with the Commission.
(4)
If a candidate fails to file a statement required by this subsection,
the City shall provide written notice to the candidate directing the
candidate to file the statement within five days from the date of
the notice.
(5)
If a candidate fails to file a statement required by this subsection
after written notice is provided by the City Clerk or Board of Supervisors
of Elections at least eight days before the last day for the withdrawal
of candidacy, the candidate is deemed to have withdrawn the candidacy.
[Amended 3-11-2024 by Ord. No. O-24-11]
(6)
The City may not accept any certificate of candidacy unless a statement
has been filed in proper form.
(7)
Within 30 days of the receipt of a statement required under this
subsection, the person receiving the statement shall forward the statement
to the Commission or the office designated by the Commission.
D.
Public record.
(1)
The Commission or office designated by the Commission shall maintain all financial disclosure statements filed under this section and under § 18-8.
(2)
Financial disclosure statements shall be made available during normal
office hours for examination and copying by the public, subject to
reasonable fees established by the City and administrative procedures
established by the Commission.
(3)
If an individual examines or copies a financial disclosure statement,
the Commission or the office designated by the Commission shall record:
(4)
Upon request by the official or employee whose financial disclosure
statement was examined or copied, the Commission or the office designated
by the Commission shall provide the official or employee with a copy
of the name and home address of the person who reviewed the official's
or employee's financial disclosure statement.
(5)
For
statements filed after January 1, 2019, the Commission or office designated
by the Commission may not provide public access to an individual's
home address that the individual has designated as the individual's
home address.
[Added 10-10-2022 by Ord. No. O-23-02]
(6)
The
Commission or office designated by the Commission shall not provide
public access to information related to consideration received from:
[Added 10-10-2022 by Ord. No. O-23-02]
E.
Retention requirements. The Commission or the office designated by
the Commission shall retain financial disclosure statements for four
years from the date of receipt.
F.
An individual
who is required to disclose the name of a business under this section
shall disclose any other names the business is trading as or doing
business as.
[Added 10-10-2022 by Ord. No. O-23-02[1]]
G.
Contents of statement.
(1)
Interests in real property.
(a)
A statement filed under this section shall include a schedule
of all interests in real property, wherever located.
(b)
For each interest in real property, the schedule 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
and encumbrances on the interest;
[3]
The date when, the manner in which, and the identity of the
person from whom the interest was acquired;
[4]
The nature and amount of the consideration given in exchange
for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired;
[5]
If any interest was transferred, in whole or in part, at any
time during the reporting period, a description of the interest transferred,
the nature and amount of the consideration received for the interest,
and the identity of the person to whom the interest was transferred;
and
[6]
The identity of any other person with an interest in the property.
(2)
Interests in corporations, partnerships and limited liability companies.
(a)
A statement filed under this section shall include a schedule
of all interests in any corporation, partnership, limited liability
partnership, limited liability corporation or limited liability company,
regardless of whether the corporation, partnership, limited liability
partnership, limited liability corporation or limited liability company
does business with the City.
(b)
For each interest reported under this subsection, the schedule
shall include:
[1]
The name and address of the principal office of the corporation,
partnership, limited liability partnership, limited liability corporation
or limited liability company;
[2]
The nature and amount of the interest held, including any conditions
and encumbrances on the interest;
[3]
With respect to any interest transferred, in whole or in part,
at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received for
the interest and, if known, the identity of the person to whom the
interest was transferred; and
[4]
With respect to any interest acquired during the reporting period:
(c)
An individual may satisfy the requirement to report the amount
of the interest held under Subsection F(2)(b)[2] of this section by
reporting, instead of a dollar amount:
[1]
For an equity interest in a corporation or limited liability
corporation, the number of shares held and, unless the corporation's
stock is publicly traded, the percentage of equity interest held;
[2]
For an equity interest in a partnership or a limited liability
partnership, the percentage of equity interest held; or
[3]
For an equity interest in a limited liability company, the percentage
of equity interest held.
(3)
Interests in business entities doing business with City.
(a)
A statement filed under this section shall include a schedule of all interests in any business entity that does business with the City, and any specific governmental department or unit in the City, other than interests reported under Subsection G(2) of this section.
[Amended 2-12-2018 by Ord. No. O-18-06; 10-10-2022 by Ord. No. O-23-02]
(b)
For each interest reported under this Subsection F(3), the schedule
shall include:
[1]
The name and address of the principal office of the business
entity;
[2]
The nature and amount of the interest held, including any conditions
to and encumbrances in the interest;
[3]
With respect to any interest transferred, in whole or in part,
at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received in
exchange for the interest and, if known, the identity of the person
to whom the interest was transferred; and
[4]
With respect to any interest acquired during the reporting period:
(4)
Gifts.
(a)
A statement filed under this section shall include a schedule
of each gift in excess of $20 in value, or a series of gifts totaling
$100 or more, received during the reporting period from or on behalf
of, directly or indirectly, any one person who does business with
or is regulated by the City, or from an association, or any entity
acting on behalf of an association, that is engaged only in representing
counties or municipal corporations.
[Amended 2-13-2012 by Ord. No. O-12-11; 10-10-2022 by Ord. No. O-23-02]
(5)
Employment with or interests in entities doing business with the
City.
(a)
A statement filed under this section shall include a schedule
of all offices, directorships, and salaried employment by the individual
or member of the immediate family of the individual held at any time
during the reporting period with entities doing business with the
City.
(b)
For each position reported under this subsection, the schedule
shall include:
(6)
Indebtedness to entities doing business with the City.
(a)
A statement filed under this section shall include a schedule
of all liabilities, excluding retail credit accounts, to persons doing
business with the City owed at any time during the reporting period:
(b)
For each liability reported under this subsection, the schedule
shall include:
[1]
The identity of the person to whom the liability was owed and
the date the liability was incurred;
[2]
The amount of the liability owed as of the end of the reporting
period;
[3]
The terms of payment of the liability and the extent to which
the principal amount of the liability was increased or reduced during
the year; and
[4]
The security given, if any, for the liability.
(7)
Employment of immediate family members by the City. A statement filed
under this section shall include a schedule of the immediate family
members of the individual employed by the City in any capacity at
any time during the reporting period.
(8)
Sources of earned income.
(a)
A statement filed under this section shall include a schedule
of the name and address of each place of employment and of each business
entity of which the individual or a member of the individual's immediate
family was a sole or partial owner and from which the individual or
member of the individual's immediate family received earned income
at any time during the reporting period.
(b)
A minor child's employment or business ownership need not be
disclosed if the agency that employs the individual does not regulate,
exercise authority over, or contract with the place of employment
or business entity of the minor child.
(c)
For
a statement filed on or after January 1, 2019, if the individual's
spouse is a lobbyist regulated by City, the individual shall disclose
the entity that has engaged the spouse for lobbying purposes.
[Added 10-10-2022 by Ord. No. O-23-02]
(9)
A statement filed under this section may also include a schedule
of additional interests or information that the individual making
the statement wishes to disclose.
(10)
Relationship
with University of Maryland Medical System, state or local government,
or quasi-government entity.
[Added 10-10-2022 by Ord. No. O-23-02]
(a)
An individual shall disclose the information specified in General
Provisions Article § 5-607(j)(1), Annotated Code of Maryland,
for any financial or contractual relationship with:
H.
For the purposes of § 18-7G(1), (2) and (3) of this chapter, the following interests are considered to be the interests of the individual making the statement:
[Amended 10-10-2022 by Ord. No. O-23-02]
(1)
An interest held by a member of the individual's immediate family,
if the interest was, at any time during the reporting period, directly
or indirectly controlled by the individual.
(2)
An interest
held, at any time during the applicable period, by:
(a)
A
business entity in which the individual held a 10% or greater interest;
(b)
A business entity described in Subsection H(2)(a) in which the business entity held a 25% or greater interest;
(c)
A business entity described in Subsection H(2)(b) in which the business entity held a 50% or greater interest; and
(d)
A
business entity in which the individual directly or indirectly, through
an interest in one or a combination of the other business entities,
holds 10% or greater interest.
I.
Review; enforcement.
(1)
The Commission shall review the financial disclosure statements submitted
under this section for compliance with the provisions of this section
and shall notify an individual submitting the statement of any omissions
or deficiencies.
(2)
The Commission may take appropriate enforcement action to ensure
compliance with this section.
B.
A statement filed under this section shall be filed with the Commission
under oath or affirmation.
C.
On or before April 30 of each year during which an official or employee
holds office or employment, an official or employee shall file a statement
disclosing gifts received during the preceding calendar year from
any person that contracts with or is regulated by the City, including
the name of the donor of the gift and the approximate retail value
at the time of receipt.
D.
An official or employee shall disclose employment and interests that
raise conflicts of interest or potential conflicts of interest in
connection with a specific proposed action by the employee or official
sufficiently in advance of the action to provide adequate disclosure
to the public.
A.
Lobbying registration statements.
[Amended 2-12-2018 by Ord. No. O-18-06]
(1)
A person shall file a lobbying registration statement with the Commission
if the person:
(a)
Personally
appears before a City official or employee with the intent to influence
that person in performance of the official duties of the official
or employee; and
(b)
In
connection with the intent to influence, expends or reasonably expects
to expend in a given calendar year in excess of $100 on food, entertainment
or other gifts for officials or employees of the City.
(2)
A person
that becomes a public official or state employee is prohibited from
participating in a case, contract or other specific matter for one
calendar year after terminating their registration if they previously
assisted or represented another party in the matter.
(3)
If the
filer's spouse is a regulated lobbyist, this must be disclosed on
Schedule G. The entities that engage the lobbyist shall be on their
annual disclosure filing.
B.
A person shall file the registration statement required under this
section on or before the later of January 15 of the calendar year
or within five days after first performing an act that requires registration
in the calendar year.
C.
D.
Within 30 days after the end of any calendar year during which a
person was registered under this section, the person shall file a
report with the Commission disclosing:
E.
The Commission shall maintain the registrations and reports filed
under this section as public records available for public inspection
and copying for four years after receipt by the Commission.
The Commission may grant exemptions and modifications to the provisions of §§ 18-6 and 18-8 of this chapter to employees and to appointed members of City boards and commissions when the Commission finds that an exemption or modification would not be contrary to the purposes of this chapter and the application of this chapter would:
A.
B.
Violations.
(1)
Upon a finding of a violation of any provision of this chapter, the
Commission may:
(2)
If the Commission finds that a respondent has violated § 18-9 of this chapter, the Commission may:
C.
Petition for relief.
(1)
Upon request of the Commission, the City Attorney or other attorney
designated by the City Council may file a petition for injunctive
or other relief in the Circuit Court of Prince George's County, or
in any other court having proper venue, for the purpose of requiring
compliance with the provisions of this chapter.
(2)
The court may:
(a)
Issue an order to cease and desist from the violation;
(b)
Except as provided in Subsection C(3) of this section, void an official action taken by an official or employee with a conflict of interest prohibited by this chapter when the action arises from or concerns the subject matter of the conflict and if the legal action is brought within 90 days of the occurrence of the official action, if the court deems voiding the action to be in the best interest of the public; or
(c)
Impose a fine of up to $1,000 for any violation of the provisions
of this chapter, with each day upon which the violation occurs constituting
a separate offense.
(3)
A court may not void any official action appropriating public funds,
levying taxes, or providing for the issuance of bonds, notes, or other
evidences of public obligations.
D.
In addition to any other enforcement provisions in this chapter,
a person who the Commission or a court finds has violated this chapter:
E.
A City official or employee found to have violated this chapter is
subject to disciplinary or other appropriate personnel action, including
removal from office, disciplinary action, suspension of salary, or
other sanction.
F.
Violation of § 18-9 of this chapter shall be a misdemeanor, subject to a fine of up to $1,000 or imprisonment of up to six months, or both.
G.
A finding of a violation of this chapter by the Commission is public
information.
