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:
QUASI-GOVERNMENTAL ENTITY
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.
[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.
(2) A local elected official or candidate to be a local elected official
shall file the financial disclosure statement required under this
section:
(a)
On a form provided by the Ethics Commission;
(b)
Under oath or affirmation; and
(c)
With the Ethics Commission.
(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:
[1]
The calendar year immediately preceding the year in which the
individual left office, unless a statement covering that year has
already been filed by the individual; and
[2]
The portion of the current calendar year during which the individual
held the office.
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]
(a) The
University of Maryland medical system;
(b) A
governmental entity of the state or a local government in the state;
or
(c) A
quasi-governmental entity of the state or local government in the
state.
(3) If an individual examines or copies a financial disclosure statement,
the Ethics Commission or the office designated by the Ethics Commission
shall record:
(a)
The name and home address of the individual reviewing or copying
the statement; and
(b)
The name of the person whose financial disclosure statement
was examined or copied.
(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:
[a]
The date when, the manner in which, and the identity of the
person from whom the interest was acquired; and
[b]
The nature and the 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.
(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:
[a]
The date when, the manner in which, and the identity of the
person from whom the interest was acquired; and
[b]
The nature and the 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.
(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]
(b)
For each gift reported, the schedule shall include:
[1]
A description of the nature and value of the gift; and
[2]
The identity of the person from whom, or on behalf of whom,
directly or indirectly, the gift was received.
(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
E(5), the schedule shall include:
[1]
The name and address of the principal office of the business
entity;
[2]
The title and nature of the office, directorship, or salaried
employment held and the date it commenced; and
[3]
The name of each City agency with which the entity is involved.
(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:
[2]
By a member of the immediate family of the individual if the
individual was involved in the transaction giving rise to the liability.
(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]
(a) The University of Maryland medical system;
(b) A governmental entity of the state or a local government in the state;
or
(c) A quasi-governmental entity of the state or local government in the
state.
(12) For
each financial or contractual relationship reported, the schedule
shall include:
[Added 12-12-2022 by Ord. No. 22-O-10]
(a) A description of the relationship;
(b) The subject matter of the relationship; and
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.
(3) An interest held by a trust or an estate in which, at any time during
the reporting period:
(a)
The individual held a reversionary interest or was a beneficiary;
or
(b)
If a revocable trust, the individual was a settlor.
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]
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. Constitute an unreasonable invasion of privacy; and
B. Significantly reduce the availability of qualified persons for public
service.