This chapter may be cited as the "Crisfield Public Ethics Ordinance."
The provisions of this chapter apply to all City elected officials,
employees, and appointees to boards and commissions of the City.
This section applies to all local elected officials and candidates
to be local elected officials.
A. Except as provided in Subsection
C of this section, a local elected official or a candidate to be a local elected official shall file the financial disclosure statement required under this section:
(1) On a form provided by the Commission;
(2) Under oath or affirmation; and
B. Deadlines for filing statements.
(1) 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 defined as January 1 through December 31.
(2) 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.
(3) An individual who, other than by reason of death, leaves an office
for which a statement is required shall file a statement within 60
days after leaving the office.
(4) The statement shall cover:
(a)
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
(b)
The portion of the current calendar year during which the individual
held the office.
C. 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 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 §
44-5C(2)(a) of this chapter with the City Clerk or Board of Election Supervisors with the certificate of candidacy or with the Commission prior to filing the certificate of candidacy; and
(b)
Shall file the statements required under §
44-5C(2)(b) and
(c) with the Commission.
(4) If a candidate fails to file a statement required by this section
after written notice is provided by the City Clerk or Board of Election
Supervisors at least 20 days before the last day for the withdrawal
of candidacy, the candidate is deemed to have withdrawn the candidacy.
(5) The City Clerk 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 City Clerk or Board of Election Supervisors shall forward
the statement to the Commission or the office designated by the Commission.
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:
(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 Commission or the office designated
by the Commission shall provide the official or employee with a copy
of the name and home address of the person who reviewed the official
or employee'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 5-23-2018 by Ord.
No. 673]
(6) The
Commission or office designated by the Commission shall not provide
public access to information related to consideration received from:
[Added 10-26-2022 by Ord. No. 714]
(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.
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. 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 10-26-2022 by Ord. No. 714]
G. 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 City.
(b)
For each interest reported under this Subsection
G(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:
[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
G(1)(b)[2] of this section by reporting, instead of a dollar amount:
[1]
For an equity interest in a corporation, the number of shares
held and, unless the corporation's stock is publicly traded, the percentage
of equity interest held; or
[2]
For an equity interest in a partnership, 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
G(2) of this section.
(b)
For each interest reported under this Subsection
G(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
on behalf of an association, that is engaged only in representing
counties or municipal corporations.
(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
G(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 or regulated by the
individual's City unit or department.
[Amended 5-23-2018 by Ord. No. 673]
(a)
A statement filed under this section shall include a schedule
of all liabilities, excluding retail credit accounts, to persons doing
business with or regulated by the individual's City unit or department
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
G(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 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 lobbyist regulated by the City, the individual shall disclose
the entity that has engaged the spouse for lobbying purposes.
[Added 5-23-2018 by Ord.
No. 673]
(9) Relationship
with University of Maryland Medical System, state or local government,
or quasi-governmental entity.
[Added 10-26-2022 by Ord. No. 714]
(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:
[1] The University of Maryland Medical System;
[2] A governmental entity of the state or a local government in the state;
or
[3] A quasi-governmental entity of the state or local government in the
state.
(b) For
each financial or contractual relationship reported, the schedule
shall include:
[1] A description of the relationship;
[2] The subject matter of the relationship; and
(10) 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.
H. For the purposes of §
44-5G(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 10-26-2022 by Ord. No. 714]
(a) A
business entity in which the individual held a 10% or greater interest;
(b) A business entity described in Subsection
H(2)(a) of this subsection in which the business entity held a 25% or greater interest;
(c) A business entity described in Subsection
H(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.
(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.
I. Review of financial disclosure statements; enforcement.
(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 City Ethics Commission may take appropriate enforcement action
to ensure compliance with this section.
The Commission may grant exemptions and modifications to the provisions of §§
44-4 and
44-6 of this chapter to any employee and appointed member of the City Planning and Zoning Commission and the City Board of Zoning Appeals when the 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.