[HISTORY: Adopted by the Mayor and Council of the City of
Aberdeen 10-10-2011 by Ord. No. 11-O-02.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Conduct of elected officials — See Ch. 21.
[1]
Editor's Note: This ordinance also repealed former Ch. 43,
Ethics, adopted 2-22-1993 by Ord. No. 406-93 (Ch. 9 of the 1990 Code).
All provisions of this chapter shall apply to all City elected
officials, employees, and appointees to certain boards and commissions
of the City of Aberdeen ("City").
[Added 12-12-2022 by Ord. No. 22-O-10]
In addition to definitions set forth in other parts of this
chapter, the following words have the meanings indicated below:
An entity that is created by state statute, that performs
a public function, and that is supported in whole or in part by the
state but is managed privately.
A.
There is an Aberdeen Ethics Commission ("Ethics Commission") which
consists of five members appointed by the Mayor and confirmed by the
Council, who shall serve a term of three years each.
[Amended 12-12-2022 by Ord. No. 22-O-10]
(1)
Members
of the Ethics Commission, at the time of appointment and during their
terms of office, shall be not less than 21 years of age, shall be
registered voters of the City, shall be U.S. citizens, shall not be
employed by the City or hold any position with any other board or
commission of the City, and shall not have been convicted of, or pleaded
nolo contendere to, a felony or a crime of moral turpitude.
(2)
Members
of the Ethics Commission shall continue to hold office after their
terms expire until a successor is appointed and qualifies.
B.
The Ethics Commission shall:
(1)
Devise, receive and maintain all forms required by this chapter;
[Amended 2-11-2013 by Ord. No. 13-O-01]
(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; and
(4)
Conduct a public information program regarding the purposes and application
of this chapter.
C.
The City Attorney shall advise the Ethics Commission unless special
counsel is appointed to advise the Ethics Commission. The Mayor, with
the approval of the Council, may appoint special counsel to the Commission.
Special counsel shall have the same required minimum qualifications
as the City Attorney.
[Amended 4-28-2014 by Ord. No. 14-O-10]
D.
The Ethics Commission shall certify to the Maryland 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 City officials.
E.
The Ethics Commission shall determine if changes to this chapter
are required in order 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 Council for enactment.
F.
The Ethics Commission may adopt other policies and procedures to
assist in the implementation of the Ethics Commission's programs established
in this chapter.
A.
In this section, the term "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 the Ethics Commission's
regulation or opinion, an official or employee may not participate
in:
(1)
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. This Subsection C(1) does not regulate the official or employee specified in Subsection B above if that person is exercising an administrative or ministerial duty that does not affect the disposition or decision of the matter in question.
(2)
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, 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)
A contract that 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 both direct financial interests.
(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.
(3)
(5)
A former regulated lobbyist who is or becomes subject to this chapter
as an employee or an official, other than as an elected official or
an appointed official, may not participate in a case, contract or
other specific matter as an employee or official, other than an elected
official or appointed official, for one calendar year after the termination
of the registration of the former regulated lobbyist if the former
regulated lobbyist previously assisted or represented another party
for compensation in the matter.
[Added 10-22-2018 by Ord.
No. 18-O-30]
D.
Employment and financial interest restrictions.
(1)
Except as permitted by regulation of the Ethics 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:
(b)
Hold any other employment relationship that would impair the
impartiality or independence of judgment of the official or employee.
(c)
This prohibition does not apply to:
[1]
An official or employee who is appointed to a regulatory or
City licensing board or commission pursuant to a statutory requirement
that appointees of that board or commission have certain professional
and educational qualifications needed to bring relevant expertise
to that board or commission;
[2]
A member of a board or commission who held a financial interest
or employment regulated by the chapter held at the time of appointment,
provided the financial interest or employment is publicly disclosed
to the Mayor and Council;
[3]
An official or employee whose duties are ministerial, if the
private employment or financial interest does not create conflict
of interest or the appearance of a conflict of interest, as permitted
and in accordance with regulations adopted by the Ethics Commission;
or
[4]
Employment or financial interests allowed by regulation of the
Ethics Commission if the employment does not create a conflict of
interest or the appearance of a conflict of interest or 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 for compensation 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)
A former elected official may not assist or represent another party
for compensation in a matter that is the subject of legislative action
for one calendar year after the elected official leaves office.
[Amended 10-22-2018 by Ord. No. 18-O-30]
F.
Contingent compensation. Except in a judicial or quasi-judicial proceeding,
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 official without additional compensation.
H.
Solicitation and acceptance of gifts.
(1)
An official or employee may not solicit any gift.
[Amended 2-11-2013 by Ord. No. 13-O-01]
(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, 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 official's
or employee's governmental unit;
(d)
Is a lobbyist with respect to matters within the jurisdiction
of the official or employee; or
(e)
Is
an association, or any entity acting on behalf of an association,
that is engaged only in representing counties or municipal corporations.
[Added 12-12-2022 by Ord. No. 22-O-10]
(4)
Notwithstanding Subsection H(3) above, 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 the 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 charitable, cultural, or political events, 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 Ethics Commission
exempts from the operation of this subsection upon 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.
(5)
(a)
That would tend to impair the impartiality and the independence
of judgment of the official or employee receiving the gift;
(b)
Of $100 or more, or is of significant value that would give
the appearance of impairing the impartiality and independence of judgment
of the official or employee;
(c)
Of $100 or more, or is of significant value that the recipient
official or employee believes or has reason to believe is designed
to impair the impartiality and independence of the official or employee.
I.
Disclosure of confidential information. Other than in the discharge
of official duties, an official or employee or former official or
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 12-12-2022 by Ord. No. 22-O-10]
J.
Participation in procurement.
(1)
An individual county, city, or Town or a person that employs an individual
who assists a City agency in the drafting or specifications, an invitation
for bids, or a request for proposals for a procurement, 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.
(2)
The Ethics Commission may establish exemptions from the requirements
of this section for providing description literature, sole source
procurements, and written comments solicited by the procuring agency.
K.
An official
or employee may not retaliate against an individual for reporting
or participating in an investigation of a potential violation of this
chapter.
[Added 12-12-2022 by Ord. No. 22-O-10]
[Amended 2-11-2013 by Ord. No. 13-O-01]
A.
Application of section.
(1)
This section applies to all local elected officials and candidates
to be local elected officials.
(3)
Deadlines for filing statements.
(a)
An incumbent local elected official shall file a financial disclosure
statement annually no later than January 31 of each year for the preceding
calendar year.
(b)
An individual, who is appointed to fill a vacancy in an 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 reasons 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:
B.
Candidates to be local elected officials.
[Amended 12-12-2022 by Ord. No. 22-O-10]
(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 covering the preceding calendar year.
(2)
A candidate to be an elected official shall file a statement required
under this section together with the certificate of candidacy or with
the Commission prior to filing the certificate of candidacy.
(3)
The Board of Elections may not accept any certificate of candidacy
unless a statement has been filed in proper form.
(4)
Within five 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.
C.
Public record.
(1)
The Ethics Commission or office designated by the Ethics Commission
shall maintain all financial disclosure statements filed under this
section.
(2)
Financial disclosure statements shall be made available during normal
office hours for examination and copying by the public subject to
reasonable fees and administrative procedures established by the Ethics
Commission. Notwithstanding the foregoing, the Commission may not
make available for examination and copying by the public any portion
of a financial disclosure statement that contains the home address
of an individual or information related to consideration received
from:
[Amended 10-22-2018 by Ord. No. 18-O-30; 12-12-2022 by Ord. No. 22-O-10]
(3)
If an individual examines or copies a financial disclosure statement,
the Ethics Commission or the office designated by the Ethics Commission
shall record:
(4)
Upon request by the official or employee whose financial disclosure
statement was examined or copied, the Ethics Commission or the office
designated by the Ethics Commission shall provide the official with
a copy of the name and home address of the person who reviewed the
official's financial disclosure statement.
D.
Retention requirements. The Ethics Commission or the office designated
by the Ethics Commission shall retain financial disclosure statements
for four years from the date of receipt.
E.
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 of Aberdeen.
(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 E(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 the 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, other than interests reported under Subsection E(2) of this section.
(b)
For each interest reported under this Subsection E(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 12-12-2022 by Ord. No. 22-O-10]
(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.
(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 E(6), 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 regulated lobbyist, the statement shall include the name
and address of the entity that has engaged the spouse for lobbying
purposes.
[Added 10-22-2018 by Ord.
No. 18-O-30]
(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)
An
individual who is required to disclose the name of a business under
this section shall disclose any other names that the business is trading
as or doing business as.
[Added 12-12-2022 by Ord. No. 22-O-10]
(11)
An
individual shall disclose the information specified in § 15-607(j)(1)
of the General Provisions Article of the Annotated Code of Maryland
for any financial or contractual relationship with:
[Added 12-12-2022 by Ord. No. 22-O-10]
F.
For the purposes of § 43-4E(1), (2) and (3) of this chapter, the following interests are considered to be the interests of the individual making the statement:
(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:
[Amended 12-12-2022 by Ord. No. 22-O-10; 2-27-2023 by Ord. No. 23-O-01]
(a)
A
business entity in which the individual held a 10% or greater interest;
(b)
A business entity described in Subsection F(2)(a) of this section in which the business entity held a 25% or greater interest;
(c)
A business entity described in Subsection F(2)(b) of this section 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 other business entities, holds
a 10% or greater interest.
G.
Commission to ensure compliance.
(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.
H.
For purposes of this section, "interest" does not include 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 10-22-2018 by Ord.
No. 18-O-30]
A.
This section only applies to the following appointed officials and
employees: City Manager, Director of Public Works, Chief of Police,
City Clerk, City Treasurer, Director of Planning and Community Development,
and the City Attorney. This section applies to the members of the
Planning Commission, the Board of Appeals, and the Board of Elections.
B.
A statement filed under this section shall be filed with the Ethics
Commission under oath or affirmation.
C.
On or before January 31 of each year during which an official or
employee holds office, 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 or 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.
A person shall file a lobbying registration statement with the Ethics
Commission if the person:
[Amended 5-20-2013 by Ord. No. 13-O-02]
(1)
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
(2)
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.
B.
A person shall file the registration statement required under this
section on or before the latter 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.
Filing of
report with Ethics Commission.
[Amended 12-13-2021 by Ord. No. 21-O-13]
(1)
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 Ethics Commission disclosing:
(2)
A report
filed pursuant to this subsection shall be submitted together with
receipts for the expenditures listed thereon.
E.
The City Clerk shall maintain the registrations and reports filed
under this section as public records available for public inspection
and copying for four years after the receipt by the City Clerk.
The Ethics Commission may grant exceptions and modifications to the provisions of §§ 43-3 and 43-5 of this chapter to employees and to appointed members of the City boards and commissions, when the Ethics 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.
The Ethics Commission may:
B.
Penalties.
(1)
Upon a finding of a violation of any provision of this chapter, the
Ethics Commission may:
(2)
If the Ethics Commission finds that a respondent has violated § 43-6 of this chapter, the Ethics Commission may:
[Amended 5-20-2013 by Ord. No. 13-O-02]
C.
Other remedies.
(1)
Upon request of the Ethics Commission, the City Attorney may file
a petition for injunctive or other relief in the Circuit Court of
Harford County, or in any other court having proper jurisdiction,
for the purpose of requiring compliance with the provisions of this
chapter.
(2)
Court actions.
(a)
The court may:
[1]
Issue an order to cease and desist from the violation;
[2]
Except as provided in Subsection C(2)(b) 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
[3]
Impose a fine of up to $5,000 for any violation of the provisions
of this chapter, with each day upon which the violation occurs constituting
a separate offense;
(b)
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 Ethics 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 § 43-6 of this chapter shall be a misdemeanor subject to a fine of up to $10,000 or imprisonment of up to one year.
G.
A finding of a violation of this chapter by the Ethics Commission
is public information.