[Amended 6-9-2009 by Ord. No. 09-O-03; 8-9-2011 by Ord. No.
11-O-10]
A.
In this section, "qualified relative" means a spouse, parent, child,
domestic partner or sibling.
B.
All City elected officials, officials appointed to City boards and
commissions subject to this chapter and employees are subject to this
section.
C.
Participation prohibitions. Except as permitted by commission regulation
or opinion, an official or employee may not participate in:
(1)
Except in the exercise of an administrative or ministerial duty that
does not affect the disposition or decision of the matter, any matter
in which, to the knowledge of the official or employee, the official
or employee, or a qualified relative of the official or employee has
an interest.
(2)
Except in the exercise of an administrative or ministerial duty that
does not affect the disposition or decision with respect to the matter,
any matter in which any of the following is a party:
(a)
A business entity in which the official or employee has a direct
financial interest of which the official or employee may reasonably
be expected to know;
(b)
A business entity for which the official, employee, or a qualified
relative of the official or employee is an officer, director, trustee,
partner, or employee;
(c)
A business entity with which the official or employee or, to
the knowledge of the official or employee, a qualified relative is
negotiating or has any arrangement concerning prospective employment.
(d)
If the contract reasonably could be expected to result in a
conflict between the private interests of the official or employee
and the official duties of the official or employee, a business entity
that is a party to an existing contract with the official or employee,
or which, to the knowledge of the official or employee, is a party
to a contract with a qualified relative;
(e)
An entity, doing business with the city, in which a direct financial
interest is owned by another entity in which the official or employee
has a direct financial interest, if the official or employee may be
reasonably expected to know of both direct financial interests; or
(f)
A business entity that:
[1]
The official or employee knows is a creditor or obligee of the
official or employee or a qualified relative of the official or employee
with respect to a thing of economic value; and
[2]
As a creditor or obligee, is in a position to directly and substantially
affect the interest of the official or employee or a qualified relative
of the official or employee.
(3)
(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 9-11-2018 by Ord.
No. 18-O-08]
D.
Employment and financial interest restrictions.
(1)
Except as permitted by regulation of the Commission when the interest
is disclosed or when the employment does not create a conflict of
interest or appearance of conflict, an official or employee may not:
(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 Commission;
(c)
An official or employee whose duties are ministerial, if the
private employment or financial interest does not create a conflict
of interest or the appearance of a conflict of interest, as permitted
and in accordance with regulations adopted by the Commission;
(d)
Employment or financial interests allowed by regulation of the
Commission if the employment does not create a conflict of interest
or the appearance of a conflict of interest or the financial interest
is disclosed;
(e)
Decisions relating to the property tax rate, general City fees
or service charges or a comprehensive zoning ordinance or similar
matter are not considered to have direct financial impact to the extent
that a Council member would be affected in common with the general
public; or
(f)
Participation by Council members in Council action relating
to, and voting on, the annual budget in its entirety, when one or
more items in the annual budget would have a direct financial impact,
as distinguished from the public generally, on a Council member, his
or her employer, family member or any business entity in which he
or she has an interest, the Council member must first file with the
Ethics Commission a sworn statement that describes the conflict. Council
members may not propose, seek to remove, or participate in the Council's
discussion of any budget item that creates such a conflict.
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)
For two calendar years after the elected official leaves office,
a former Mayor or member of the City Council may not assist or represent
another party for compensation in a matter that is the subject of
legislative action.
[Amended 9-11-2018 by Ord. No. 18-O-08]
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.
[Amended 9-11-2018 by Ord. No. 18-O-08]
(1)
An official or employee may not intentionally use the prestige of
office or public position:
(a)
For the private gain of that official or employee or the private
gain of another; or
(b)
To influence, except as part of the official duties of the official
or employee or as a usual and customary constituent service without
additional compensation, the award of a state or local contract to
a specific person.
(2)
An official may not directly or indirectly initiate a solicitation
for a person to retain the compensated services of a particular regulated
lobbyist or lobbying firm.
(3)
This subsection does not prohibit the performance of usual and customary
constituent services by an elected local official without additional
compensation.
H.
Solicitation and acceptance of gifts.
(1)
An official or employee may not solicit any gift.
(2)
An official or employee may not directly or indirectly 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;
[Amended 12-13-2022 by Ord. No. 22-O-12]
(d)
Is a lobbyist with respect to matters within the jurisdiction
of the official or employee; or
[Amended 12-13-2022 by Ord. No. 22-O-12]
(e)
Is an association, or any entity acting on behalf of an association,
that is engaged only in representing counties or municipal corporations.
[Added 12-13-2022 by Ord. No. 22-O-12]
(4)
Subsection H(5) of this section does not apply to a gift:
(a)
That would tend to impair the impartiality and the independence
of judgment of the official or employee receiving the gift;
(b)
Of significant value that would give the appearance of impairing
the impartiality and independence of judgment of the official or employee;
or
(c)
Of significant value that the recipient official or employee
believes or has reason to believe is designed to impair the impartiality
and independence of judgment of the official or employee.
(5)
Notwithstanding Subsection H(3) of this section, an official or employee may accept the following:
(a)
Meals and beverages consumed in the presence of the donor or
sponsoring entity;
(b)
Ceremonial gifts or awards that have insignificant monetary
value;
(c)
Unsolicited gifts of nominal value that do not exceed $20 in
cost or trivial items of informational value;
(d)
Reasonable expenses for food, travel, lodging, and scheduled
entertainment of the official or the employee at a meeting which is
given in return for the participation of the official or employee
in a panel or speaking engagement at the meeting;
(e)
Gifts of tickets or free admission extended to an elected local
official to attend a charitable, cultural, or political event, if
the purpose of this gift or admission is a courtesy or ceremony extended
to the elected official's office;
(f)
A specific gift or class of gifts that the Commission exempts
from the operation of this subsection upon a finding, in writing,
that acceptance of the gift or class of gifts would not be detrimental
to the impartial conduct of the business of the City and that the
gift is purely personal and private in nature;
(g)
Gifts from a person related to the official or employee by blood
or marriage, or any other individual who is a member of the household
of the official or employee;
(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; or
(i)
Gifts of tickets or free admission extended by the sponsor to
a City employee to attend a charitable, cultural or political event,
and gifts of tickets or free admission to attend intercollegiate sporting
events extended by the sponsor of the event to an elected City official
or employee, when the sponsor is another governmental agency or unit
of the State of Maryland, including the University of Maryland; and
the City official or employee is attending with consent from the City
Council as part of an effort to maintain governmental relations.
[Amended 4-24-2012 by Ord. No. 12-O-03]
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 12-13-2022 by Ord. No. 22-O-12]
J.
Participation in procurement.
(1)
An individual or a person who employs an individual who assists the
City 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 Commission may establish exemptions from the requirements of
this section for providing descriptive 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 the
City Public Ethics Law.
[Added 12-13-2022 by Ord. No. 22-O-12]
[Amended 6-9-2009 by Ord. No. 09-O-03]
No City official or employee shall cause or
advocate a member of his or her family to be hired, employed, promoted,
transferred or advanced to any full- or part-time paid employment
of the City. This prohibition shall not apply to the process of selecting
appointed City officials. A City official or employee may not participate
in an action relating to the discipline of a member of the City official's
or employee's family.
No City official or employee shall permit or
facilitate the unauthorized use of City-owned facilities, vehicles,
equipment, materials or personnel for private purposes or profit.
No City official or employee shall grant any
special consideration, treatment or advantage to any citizen beyond
that which is available to every other citizen in the same circumstances.
