This chapter may be cited as the "Calvert County Ethics Code."
For the Calvert County Ethics Code, the following definitions
have the meanings indicated, except where the context clearly indicates
otherwise:
An existing or anticipated situation or condition that gives
an indication of a conflict of interest that is not or may not be
a conflict of interest but can erode the confidence and trust of the
people in the conduct of county business.
[Added 11-25-2014 by Ord. No. 45-14]
Any individual appointed by the Board of County Commissioners
to serve on a local County agency, board, commission or other entity
of the County, including ad hoc committees, boards and commissions.
"Appointed officials" shall include members of all agencies, boards
and commissions established at state law but appointed by the County
Commissioners for Calvert County unless and until the State Ethics
Commission determines that the Maryland Public Ethics Law is applicable
to those members.
Any corporation (including any parent, subsidiary, or affiliated
corporation or business entity), general or limited partnership, limited
liability partnership, limited liability limited partnership, sole
proprietorship, LLC, joint venture, unincorporated association or
firm, institution, trust, foundation, or other organization, whether
or not operated for profit.
Any individual who has filed a certificate of candidacy to
seek election to become an elected official.
The Calvert County Ethics Commission.
Any money or thing of value, regardless of form, received
or to be received by any individual covered by this chapter for service
rendered. 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.
A person who files a complaint with the Commission alleging
a violation of the County Ethics Code.
Calvert County.
Having or negotiating a contract that involves the commitment (either in a single transaction or combination of transactions) of $5,000 or more of funds controlled by Calvert County in a calendar year, being regulated by or otherwise subject to the authority of the County, being registered as lobbyist under § 41-16 of this chapter.
Any individual who holds an elective office of Calvert County.
It does not include the Sheriff, State's Attorney, Register of Wills,
Clerk of the Court or Board of Education.
An individual employed by Calvert County, employed by the
Board of Library Trustees and those employed by selection by the Director
of the Board of Library Trustees pursuant to Maryland Annotated Code,
Education Article, § 23-406, as amended from time to time.
An "employee" shall not include an elected or appointed official and
employees or officials of an executive agency of the State of Maryland.
[Amended 11-25-2014 by Ord. No. 45-14]
Ownership by an elected official, appointed official or employee,
or the immediate family member of an elected official, appointed official
or employee, of any interest as the result of which:
The transfer of anything of economic value, regardless of
form, without adequate and lawful consideration. "Gift" does not include
the solicitation, acceptance, receipt, or regulation of political
campaign contributions regulated in accordance with:
A spouse and dependent children. This term is used in § 41-15, Financial disclosure.
Any economic interest, either legal or equitable, whether
or not subject to an encumbrance or a condition, owned or held, in
whole or in part, jointly or severally, directly or indirectly. "Interest"
does not include:
An interest held in the capacity of agent, representative, custodian,
fiduciary, personal representative or trustee, unless the holder has
an equitable interest in the subject matter; or
An interest in a time or demand deposit in a financial institution,
a money market fund, publicly traded mutual fund, or retirement fund,
including any County or state retirement or pension fund; or
An interest in an insurance or endowment policy or annuity contract
under which an insurer promises to pay a fixed amount of money, whether
in a lump sum or periodically for life or a specified period; or
A common trust fund or a trust fund which forms part of a pension
or profit-sharing plan that:
Exchange-traded funds and mutual funds.
[Added 9-20-2022 by Ord. No. 39-22]
Communicating with any elected official, appointed official or employee, for the purpose of influencing that person in performance of his or her official duties, by a person required to register pursuant to the provisions of § 41-16, Lobbying disclosure, of this chapter. "Lobbying" does not include activities described in § 41-16D, Exemptions.
Any person lobbying, as defined above.
This term is used in § 41-13, Conflicts of interest, and applies to:
For the purposes of § 41-13A(1)(e) of this chapter, the following are not to be considered conflicts of interest in the chain of supervision between an employee and a "qualified relative":
The employee and the qualified relative were hired by the Board
of County Commissioners of Calvert County, Maryland, prior to October
1, 1989;
Any supervisory relationship between the employee and qualified
relative upon the effective date of this code and any subsequent personnel
action, including but not limited to promotions, demotions and transfers
within that same chain of supervision; or
Any qualified relative of the County Administrator or a Commissioner
of the Calvert County Board of County Commissioners.
[Amended 11-25-2014 by Ord. No. 45-14]
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.
[Added 9-20-2022 by Ord. No. 39-22]
A person who is subject to the provisions of this chapter
and the subject of an ethics investigation pursuant to this chapter.
Engaged in any activity that is, as distinguished from the
public generally, regulated by, requires approval or supervision by,
or otherwise subject to the regulatory, administrative, or other jurisdiction
or authority of any department, board, commission, committee, office,
agency or other unit of the County.
A person shall be deemed to supervise if he/she is capable
of influencing employment, job assignment, promotion, performance
evaluation and other personnel actions of another individual.
This chapter is adopted under the authority and in conformance
with the provisions of Title 15, Subtitle 8, § 15-801 et
seq., of the State Government Article of the Maryland Annotated Code,
as amended.
A.
The County, recognizing that our system of representative government
is dependent in part upon the people having trust and confidence in
their elected officials, appointed officials and employees, finds
and declares that the people have a right to be assured that the impartiality
and independent judgment of its elected officials, appointed officials
and employees will be maintained.
B.
This confidence and trust is eroded when the conduct of County business
is subject to improper influence or even the appearance of improper
influence.
C.
The people have a right to be assured that the financial interests
of elected officials, candidates, appointed officials and employees
present no conflict with the public interest.
D.
This chapter establishes ethical standards for elected officials,
appointed officials and employees, financial disclosure and training
requirements for certain elected officials, appointed officials and
employees and disclosure requirements for candidates and lobbyists.
E.
For the purpose of guarding against improper influence and setting
minimum standards for the ethical conduct of public business, the
Board of County Commissioners of Calvert County enacts this chapter.
F.
It is the intention of the Board of County Commissioners that this
chapter, except for its criminal sanctions, be liberally construed.
A.
The provisions of this chapter shall apply to the following:
[Amended 11-25-2014 by Ord. No. 45-14]
(1)
Elected officials;
(2)
Employees;
(3)
Appointed officials;
(4)
Calvert County Board of Library Trustees, employees of the Board
of Library Trustees and employees selected by its Director pursuant
to Maryland Annotated Code, Education Article, § 23-406,
as amended from time to time; and
(5)
Where specified, candidates.
B.
Insofar as the following are subject to the Maryland Public Ethics
Law, Maryland Annotated Code, State Government Article, § 15-101
et seq., as amended from time to time, or the County School Ethics
enactments, the provisions of this chapter shall not apply to:
(1)
State's Attorney;
(2)
Clerk of the Circuit Court;
(3)
Judges of the Circuit Court;
(4)
Judges of the District Court;
(5)
Judges of the Orphans Court;
(6)
Register of Wills;
(7)
Sheriff;
(8)
County Health Department;
(9)
County Department of Social Services;
(10)
Members of the County School Board and all County school teachers;
and
(11)
All employees of the above.
