[HISTORY: Adopted by the Harford County Council by Bill No.
94-74; amended in its entirety by Bill No. 11-50. Subsequent amendments
noted where applicable.]
This chapter may be cited as the Harford County Public Ethics
Law.
The provisions of this chapter apply to all Harford County elected
officials, employees and appointees to boards and commissions of the
County.
In this chapter, the following words have the meanings indicated.
Doing anything that reasonably could be expected to help
or aid a person to obtain anything of benefit in any matter involving
the County or a County agency, where the former County official or
employee receives anything of value in consideration of the help or
aid.
The Harford County Ethics Board established by this chapter.
Includes any entity, regardless of form.
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 services rendered. For the purposes of the lobbying section
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. For reporting purposes, a prorated amount shall be labeled
as such.
If the position is vacant or is abolished, "Director of Human
Resources" shall mean the personnel officer provided for in § 605
of this Charter.
Any person, other than an official, employed by the executive
or legislative branch of County government.
Any person paying or agreeing to pay compensation to another
person for services rendered.
Any act taken by the County Executive or an employee in the
executive branch for which the executive branch is responsible.
Ownership of any interest as a result of which the owner has
received within the past 3 years, is presently receiving, or in the
future is entitled to receive, more than $1,000 per year; or
Ownership or the ownership of securities of any kind representing
or convertible to ownership of more than 3% of a business entity.
The transfer of anything of economic value, regardless of
the form, without adequate and lawful consideration. "Gift" does not
include the solicitation, acceptance, receipt or regulation of political
campaign contributions in accordance with state law.
The address of the residential property that an individual
occupies as the individual's primary residence, whether owned
or rented by the individual.
[Added by Bill No. 19-005]
"Honorarium" does not include payment of or reimbursement for
reasonable expenses for meals, travel, lodging and care for children
or dependent adults, if the expenses are actually incurred in speaking
to, participating in or attending a meeting, conference or other function,
or in writing an article, other than a book, that has been or is intended
to be published.
The spouse and dependent children of an official or employee.
Any legal or equitable economic interest, whether or not
subject to an encumbrance or a condition, which is 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 a personal representative,
agent, custodian, fiduciary or trustee, unless the holder or a family
member of the holder has an equitable interest therein;
An interest in a time or demand deposit in a financial institution;
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;
An interest in a common trust fund or a trust that forms part
of a pension or profit-sharing plan that has more than 25 participants
and which has been determined by the Internal Revenue Service to be
a qualified trust under Sections 401 and 501 of the Internal Revenue
Code.
A college savings plan under the Internal Revenue Code; or
[Added by Bill No. 19-005]
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 by Bill No. 19-005]
The introduction, sponsorship, consideration, debate, amendment,
passage, defeat, approval, veto or any other official action or non-action
on any legislation, resolution, amendment, nomination, appointment,
report, any other matter pending or proposed before the County Council
or any legislation pending before or presented to the County Executive
for signature or veto.
The performing of any act requiring registration under § 23-7 of this chapter.
Any person who, within a reporting period, in the presence
of any official or employee in the legislative or executive branch
has communicated with that official or employee for the purpose of
influencing any legislative action, and who, for that purpose and
exclusive of the personal travel or subsistence expenses of that person
or representative of that person, either incurs expenses of $100 or
more or receives $500 or more as compensation, or any person who expends
a cumulative value of $100 or more during a reporting period on one
or more officials or employees in the executive branch for meals,
beverages, special events or gifts in connection with or with the
purpose of influencing executive action.
The County Executive, the members of the County Council,
the director, officer or coordinator of each County department and
agency, and each member appointed to a County board or commission.
An official or employee's spouse, parent, grandparent,
child, grandchild, sibling or spouse of each qualified relative.
The statement of financial interests required by Section 23-6 of this chapter.
A.
There
is a Harford County Ethics Board that consists of 5 members appointed
by the County Executive and confirmed by the County Council for a
term coterminous with that of the County Executive. Not more than
3 members of the Board shall be members of the same political party.
B.
The
Board 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; and
(4)
Conduct a public information program regarding the purposes and application
of this chapter.
C.
The
Board shall be advised throughout the complaint procedure by the Department
of Law, except when it receives a complaint or a request for an opinion
involving a member of the Department of Law or the County Executive,
in which case it shall be advised by the County Council Attorney.
D.
The
Board shall certify to the State Ethics Commission on or before October
1 of each year that the County is in compliance with the requirements
of State Government Article, Title 15, Subtitle 8, Annotated Code
of Maryland, for elected local officials.
E.
The
Board 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 County Executive for enactment
by the County Council.
F.
The Board may adopt other policies and procedures to assist in the
implementation of the Board's programs established in this chapter.
A.
The
board is authorized to receive written complaints signed by the complainant,
to conduct investigations upon the complaints, hold hearings and swear
witnesses. A complaint may be filed by any person, including a Board
member, and shall be under oath. A complaint must be filed within
3 years after the date of the alleged violation. After a complaint
is filed or an advisory opinion is requested, all actions regarding
the complaint or request shall be treated confidentially until the
Board issues a final decision or opinion. The Board shall keep accurate
and complete records of its business, and the Law Department shall
serve as the custodian of the records.
B.
Upon
receipt of a complaint alleging a violation of this chapter, the Board
shall determine whether there is a reasonable basis to believe a violation
has occurred. If the Board determines that there is not a reasonable
basis for the complaint, the Board shall dismiss the matter summarily.
If a reasonable basis exists, the Board shall send written notice
to the subject of the complaint that a hearing will be held on the
complaint on a date specified in the notice. The Board shall dismiss
the complaint and cancel the hearing if the violation is corrected
within 15 calendar days from the date of the notice, but only if dismissal
would not be contrary to the purposes of this chapter. If the violation
is not corrected within the 15 calendar days, the Board shall take
further investigatory and procedural steps necessary to resolve the
matter, and shall allow the person accused to be represented by counsel,
to be confronted by the complainant, and to present evidence at a
hearing. If the person accused requests a public hearing, the request
shall be granted. Each Board decision shall be in writing, include
findings of fact and conclusions of law with respect to each alleged
violation, and include a written statement by the Department of Law
that the Board has complied with this chapter and the Board's
rules of procedure in reaching its opinion.
C.
If,
after appropriate investigation or hearing, the Board finds that a
violation has occurred, the Board shall notify the County Attorney
of the violation. The County Attorney shall proceed with civil enforcement
of this chapter or, if the violation involves criminal sanctions,
the matter shall be sent to the State's Attorney.
D.
The
Board shall adopt, in accordance with Section 807 of the Charter,
rules of procedure for its meetings, investigations and hearings.
Rules adopted or amended under this subsection are not effective until
approved by resolution of the County Council.
E.
When
the Board receives a request from an official or employee for an opinion
on the application of this chapter to the official or employee, it
shall issue a preliminary response within 15 calendar days and a final
opinion within 30 calendar days. If the Board fails to issue a final
opinion within the 30 calendar days, the County Attorney shall issue
an opinion within 15 calendar days of the date on which the Board's
opinion was due.
A.
In
this section, "qualified relative" means a spouse, parent, grandparent,
child, grandchild, sibling or spouse of each family member.
B.
All
County elected officials, officials appointed to County boards and
commissions subject to this chapter and employees are subject to this
section.
C.
Participation
prohibitions. Except as permitted by Board 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 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 employment 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 county, 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.
(3)
A person who is disqualified from participating under Paragraphs
(1) or (2) of this subsection shall disclose the nature and circumstances
of the conflict and may participate or act if:
(4)
The prohibitions of Paragraphs (1) and (2) of this subsection do
not apply if participation is allowed by regulation or opinion of
the Board.
(5)
A former regulated lobbyist who is or becomes subject to this chapter
as an employee or official, other than 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 by Bill No. 19-005]
D.
Employment and financial interest restrictions.
(1)
Except as permitted by regulation of the Board 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:
(2)
This prohibition does 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 Board;
(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
by and in accordance with regulations adopted by the Board; or
(d)
Employment or financial interests allowed by regulation of the
Board 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 County for compensation in a case, contract or other
specific matter involving the County if that matter is one in which
the former official or employee significantly participated as an official
or employee.
[Amended by Bill No. 15-034]
(2)
For one year after the County Executive or Council member leaves
office, they may not assist or represent another party for compensation
in a matter that is the subject of legislative action.
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 County.
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)
An official or employee may not appoint, employ, promote or advocate
the appointment, employment or promotion of a qualified relative of
the employee or official to or in a position as a County employee,
whether the position is classified, exempt or contractual.
(4)
An individual may not be appointed to, employed in, promoted to or
advanced in a position as a County employee if the appointment, employment,
promotion or advancement has been advocated by an official or employee
who is a qualified relative of the individual and who exercises jurisdiction
or control over the position.
(5)
An official or employee may not intimidate, threaten, coerce or discriminate
against, or attempt to intimidate, threaten, coerce or discriminate
against any person for the purpose of interfering with that person's
freedom to engage in political activity.
(6)
A person may not attempt to influence an official or employee to
violate any provision of this chapter, and any attempt to exercise
such influence is a violation of this chapter.
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 County
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; or
(d)
Is a lobbyist with respect to matters within the jurisdiction
of the official or employee.
(4)
Paragraph (5) of this subsection 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 Paragraph (3) of this subsection, 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 Board 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 County 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 not related in any way to the
official's or employee's official position. An honorarium
may be accepted if it is intended as payment for teaching or performing
other services that do not conflict with the official's or employee's
official duties.
(6)
Exemptions from this section may be granted in the following manner
to an official or employee who serves on a County board, commission
or committee:
(a)
If the official or employee is appointed by the County Council,
the Board may grant an exemption upon the recommendation of the Council;
or
(b)
If the official or employee is appointed by the County Executive,
the County Council may grant an exemption upon the recommendation
of the Board.
(c)
An exemption may be granted only upon a finding that:
(d)
Whenever possible, application for an exemption under this subsection
shall be made at the time the official or employee in question is
appointed.
I.
Disclosure of confidential information. Other than in the discharge
of official duties, an 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 and
that is not available to the public, for the economic benefit of the
official or employee or that of another person.
J.
Participation in procurement.
(1)
An individual or a person that employs an individual who assists
a County agency in the drafting of 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 Board may establish exemptions from the requirements of this
section for providing descriptive literature, sole source procurements
and written comments solicited by the procuring agency.
A.
(1)
A local elected official, a candidate to be a local elected official or appointed employees and employees designated in Subsection C of this section shall file the financial disclosure statement required under this section:
(2)
Deadlines for filing statements.
(a)
An incumbent local 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 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.
B.
Candidates to be local elected officials.
(1)
Except for 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 local official shall file under 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 local 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)
May file the statement required under § 23-6B(2)(a) of this chapter with the County or Board of Election Supervisors with the certificate of candidacy or with the Board prior to filing the certificate of candidacy; and
(b)
Shall file the statements required under § 23-6B(2)(b) and (c) with the Board.
(4)
If a statement required to be filed by a candidate is overdue and
not filed within 8 days after written notice is provided by the County
or Board of Election Supervisors, the candidate is deemed to have
withdrawn the candidacy.
[Amended by Bill No. 19-005]
(5)
The County or Board of Election Supervisors may not accept any certificate
of candidacy unless a statement has been filed in proper form.
(6)
Within 30 days of the receipt of a statement required under this
section, the County or Board of Election Supervisors shall forward
the statement to the Board or the office designated by the Board.
C.
The following appointed officials and employees shall file a financial
disclosure statement on or before April 30 each year:
(1)
Director of Administration.
(2)
Director, officer or coordinator of the following County departments
and agencies:
(a)
Community Services;
(b)
Economic Development;
(c)
Human Relations Commission;
(d)
Human Resources;
(e)
Information and Communications Technology;
(f)
Inspections, Licenses and Permits;
(g)
The Director of the Library;
(h)
Parks and Recreation;
(i)
Planning and Zoning;
(j)
Procurement;
(k)
Public Works; and
(l)
Treasury.
(3)
County Attorney, Deputy County Attorney and Assistant County Attorneys.
(4)
Council Administrator.
(5)
County Council Attorney and Assistant Council Attorneys.
(6)
Hearing examiners.
(7)
People's Counsel.
(8)
The members of the following County boards:
(a)
The Citizens Nursing Home Board;
(b)
The Office on Mental Health Core Service Agency of Harford County,
Inc.;
(c)
The Board of Estimates;
(d)
The Board of Ethics;
(e)
The Harford Center Board of Directors;
(f)
The Board of Library Trustees;
(g)
The Personnel Advisory Board; and
(h)
The Planning Advisory Board.
(9)
All employees in the classified service at Grade Level MG1 or above.
(10)
Any other official, employee or appointee of the legislative branch
of the County government whom the County Council designates by resolution.
D.
Public record.
(1)
The Board or office designated by the Board 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 Board.
(3)
If an individual examines or copies a financial disclosure statement,
the Board or the office designated by the Board shall record:
(4)
Upon request by the official or employee whose financial disclosure
statement was examined or copied, the Board or the office designated
by the Board shall provide the official with a copy of the name and
home address of the person who reviewed the official's financial
disclosure statement.
(5)
For statements filed after January 1, 2019, the Board may not provide
public access to an individual's home address that the individual
has designated as the individual's home address.
[Added by Bill No. 19-005]
E.
Retention requirements. The Board or the office designated by the
Board shall retain financial disclosures statements for four years
from the date of receipt.
F.
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 and partnerships.
(a)
A statement filed under this section shall include a schedule
of all interests in any corporation, partnership, limited liability
partnership or limited liability corporation, regardless of whether
the corporation or partnership does business with the County.
(b)
For each interest reported under this paragraph, the schedule
shall include:
[1]
The name and address of the principal office of the corporation,
partnership, limited liability partnership or limited liability corporation;
[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 Item (b)[2] of this paragraph by reporting,
instead of a dollar amount:
(3)
Interests in business entities doing business with the County.
(a)
A statement filed under this section shall include a schedule
of all interests in any business entity that does business with the
County, other than interests reported under Paragraph (2) of this
subsection.
(b)
For each interest reported under this paragraph, 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 County.
(5)
Employment with or interests in entities doing business with the
County.
(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 (hereinafter defined
to mean his/her spouse and dependent child) held at any time during
the reporting period with entities doing business with the County.
(b)
For each position reported under this paragraph, the schedule
shall include:
(6)
Indebtedness to entities doing business with the County.
(a)
A statement filed under this section shall include a schedule
of all liabilities, excluding retail credit accounts, to persons doing
business with the County owed at any time during the reporting period:
(b)
For each liability reported under this paragraph, 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)
A statement filed under this section shall include a schedule of
the immediate family members of the individual employed by the County
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 the County, the individual shall
disclose the entity that has engaged the spouse for lobbying purposes.
[Added by Bill No. 19-005]
(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.
G.
For the purposes of § 23-6F(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 by a business entity in which the individual held
a 30% or greater interest at any time during the reporting period.
H.
(1)
The Board 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 Harford County Ethics Board may take appropriate enforcement
action to ensure compliance with this section.
A.
A
person shall file a lobbying registration statement with the Board
if the person:
(1)
Personally appears before a County 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 County.
B.
A
person shall file a registration statement required under this section
on or before the later of January 15 of the calendar year or within
5 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 Board disclosing:
E.
The Board 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 Board.
The Board may grant exemptions and modifications to the provisions of §§ 23-5 and 23-6C of this chapter to former officials, employees and to appointed members of Harford County boards and commissions, when the Board 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
Board may:
(1)
Assess a late fee of $5 per day up to a maximum of $500 for a failure to timely file a financial disclosure statement required under § 23-6 of this chapter;
[Amended by Bill No. 19-005]
(2)
Assess a late fee of $10 per day up to a maximum of $1,000 for a failure to file a timely lobbyist registration or lobbyist report required under § 23-7 of this chapter; and
[Amended by Bill No. 19-005]
(3)
Issue a cease and desist order against any person found to be in
violation of this chapter.
B.
(1)
Upon a finding of a violation of any provision of this chapter, the
Board may:
(2)
If the Board finds that a respondent has violated § 23-7 of this chapter, the Board may:
C.
(1)
Upon request of by the Board, the County Attorney may file a petition
for injunctive or other relief in the Circuit Court of Harford County,
or in any other court having proper venue for the purpose of requiring
compliance with the provisions of this chapter.
(2)
(a)
The court may:
[1]
Issue an order to cease and desist from the violation;
[2]
Except as provided in Subparagraph (b) of this paragraph, 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 Board or a court finds has violated this chapter:
E.
A County 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 § 23-7 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 Board is public information.
By July 1 of each year, the Director of Human Resources shall
submit to the County Council and County Executive a report detailing
the training provided to each individual subject to the provisions
of this chapter.
