[Added 8-9-2011 by Ord. No. 11-O-10; amended 4-24-2012 by Ord. No. 12-O-03; 9-9-2014 by Ord. No. 14-O-09]
A.
This section applies to all City elected officials and candidates to be City elected officials.
B.
Required disclosure statements.
(2)
A City elected official or a candidate to be a City elected official shall file the financial disclosure statements required under this section:
(3)
Deadlines for filing statements.
(a)
An incumbent City elected official shall file an annual financial disclosure statement no later than April 30 of each year for the preceding calendar year.
(b)
An individual who applies to fill a vacancy in an office for which an annual financial disclosure statement is required and who has not already filed a financial disclosure statement for the reporting period shall file a statement for the preceding calendar year and the portion of the current calendar year to date of filing together with the application for appointment.
(c)
An elected official shall file a statement of actual or potential conflict of interest disclosing employment and interests that raise conflicts of interest or potential conflicts of interest in connection with a specific proposed action by the official sufficiently in advance of the action to provide adequate disclosure to the public.
C.
Candidates to be City elected officials.
(1)
A candidate to be an elected City official shall file a financial disclosure statement with the City Clerk with the candidate's authorization of candidacy. The City Clerk shall forward the statement to the Board of Election Supervisors.
(a)
Except as provided in Subsection C(1)(b), the reporting period shall be the calendar year immediately preceding the year in which the authorization is filed and the portion of the current calendar year to the date the authorization is filed;
(b)
For elected officials that have filed a statement under another provision of this section for the preceding calendar year, the reporting period shall be the portion of the calendar year to the date the authorization is filed;
(2)
The Board of Election Supervisors may not accept an authorization of candidacy unless it is accompanied by the candidate's financial disclosure statement that includes all required identifying and contact information, is signed under oath, and includes answers to every mandatory question.
(3)
Upon receipt of a statement required under this section, the Board of Election Supervisors shall promptly forward the statement to the Commission or the office designated by the Commission, and shall do so no later than the close of business on the day of the filing deadline for the authorization of candidacy.
D.
Public record.
(1)
The commission or office designated by the 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 Commission.
(3)
If an individual examines or copies a financial disclosure statement, the Commission or the office designated by the Commission shall record:
(4)
Upon request by the official, candidate or employee whose financial disclosure statement was examined or copied, the Commission or the office designated by the 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.
(5)
For statements filed after January 1, 2019, the Commission or the office designated by the Commission may not provide public access to an individual's home address that the individual has designated as the individual's home address.
[Added 12-13-2022 by Ord. No. 22-O-12]
(6)
The Commission or office designated by the Commission shall not provide public access to information related to consideration received from:
[Added 12-13-2022 by Ord. No. 22-O-12]
E.
Retention requirements. The Commission or the office designated by the Commission shall retain financial disclosure statements for four years from the date of receipt.
F.
Contents of statement.
(1)
Interests in real property.
(a)
A statement filed under this Subsection F(1) 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 Subsection F(2) 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 City.
(b)
For each interest reported under this Subsection F(2), 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 Subsection (F)(2) of this section by reporting, instead of a dollar amount:
(3)
Interests in business entities doing business with City.
(b)
For each interest reported under this Subsection F(3)(a), 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 Subsection F(4) 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 an entity acting on behalf of an association, that is engaged only in representing counties or municipal corporations.
[Amended 12-13-2022 by Ord. No. 22-O-12]
(5)
Employment with or interests in entities doing business with the City.
(a)
A statement filed under this Subsection F(5) 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 Subsection F(6) 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 F(6)(a), 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 Subsection F(7) 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 Subsection F(8) 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)
If the individual's spouse is a lobbyist regulated by the City, the individual shall disclose the entity that has engaged the spouse for lobbying purposes.
[Added 9-11-2018 by Ord. No. 18-O-08]
(9)
A statement filed under this Subsection F(9) may also include a schedule of additional interests or information that the individual making the statement wishes to disclose.
(10)
Relationship with the University of Maryland medical system, state or local government, or quasi-governmental entity.
[Added 12-13-2022 by Ord. No. 22-O-12]
(a)
An individual shall disclose the information specified in General Provisions Article § 5-607(j)(1), Annotated Code of Maryland, for any financial or contractual relationship with:
G.
For the purposes of § 38-15F(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 8-10-2021 by Ord. No. 21-O-10; 12-13-2022 by Ord. No. 22-O-12]
(a)
A business entity in which the individual held a 10% or greater interest;
(b)
A business entity described in Subsection G(2)(a) of this subsection in which the business entity held a 25% or greater interest;
(c)
A business entity described in Subsection G(2)(b) of this subsection 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.
H.
Review of financial disclosure statements.
(1)
The Commission shall review the financial disclosure statements submitted under this section for compliance with the provisions of this section and shall promptly notify an individual submitting the statement of any omissions or deficiencies. In any event, the Commission shall review candidate financial disclosure statements within three business days of the filing deadline, or as soon thereafter as is practicable.
(2)
The City Ethics Commission may take appropriate enforcement action to ensure compliance with this section.
I.
An individual who is required to disclose the name of a business under this section shall also disclose any other names under which the business is trading or doing business.
[Added 12-13-2022 by Ord. No. 22-O-12]