[HISTORY: Adopted by the Mayor and Council of the City of
Crisfield 9-14-2011 by Ord. No. 598.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 44,
Ethics, adopted 9-24-1980 by Ord. No. 348, as amended.
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.
A.
There is a Crisfield Ethics Commission that consists of three members
appointed by the Mayor.
B.
The Commission shall:
(1)
Devise, receive, maintain, and from time to time revise 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;
(4)
Conduct a public information program regarding the purposes and application
of this chapter; and
C.
The City Attorney shall advise the Commission.
D.
The Commission shall certify to the State Ethics Commission on or
before October 1 of each year that the City is in compliance with
the requirements of the General Provisions Article, Title 5, Subtitle
8, Annotated Code of Maryland, for elected local officials.
[Amended 5-23-2018 by Ord. No. 673]
E.
The Commission shall determine if changes to this chapter are required
to be in compliance with the requirements of the General Provisions
Article, Title 5, Subtitle 8, Annotated Code of Maryland, and shall
forward any recommended changes and amendments to the City Council
for enactment.
[Amended 5-23-2018 by Ord. No. 673]
F.
The Commission may adopt other policies and procedures to assist
in the implementation of the Commission's programs established in
this chapter.
A.
The following are definitions applicable to § 44-4:
[Amended 5-23-2018 by Ord. No. 673]
(1)
"Business entity" means any:
(a)
Corporation;
(b)
General or limited partnership;
(c)
Sole proprietorship;
(d)
Joint venture;
(e)
Unincorporated association or firm;
(f)
Institution;
(g)
Trust;
(h)
Foundation; or
(i)
Other organization, whether or not operated for profit.
(j)
A business entity does not include a governmental entity.
(2)
"Financial interest" means:
(a)
Ownership of any interest, as the result of which the owner
has received, within the past three years, or is presently receiving,
or in the future is entitled to receive, more than $1,000 per year;
or
(b)
Ownership, or the ownership of securities of any kind representing
or convertible into ownership, of more than 3% of a business entity
by a public figure or spouse of a public figure.
(3)
"Gift" means:
(a)
A thing or service of value to which the recipient has no legal
or equitable entitlement.
(b)
"Gift" does not include a political campaign contribution regulated
under the Election Law Article, Annotated Code of Maryland, or any
other provision of state or local law regulating the conduct of elections
or the receipt of political campaigns.
(6)
"Quasi-governmental
entity" means 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.
[Added 10-26-2022 by Ord. No. 714]
B.
All City elected officials, officials appointed to City boards and
commissions, and employees are subject to this section.
C.
Participation prohibitions. An official or employee may not participate
in:
(1)
Any matter or municipal proceeding in which, to the knowledge of
the official or employee, the official or employee, or a qualified
relative of the official or employee has a proprietary, monetary,
or beneficial interest.
(2)
Any matter in which any of the following is a party:
[Amended 5-23-2018 by Ord. No. 673]
(a)
A business entity in which the official or employee has, or
within one year immediately preceding the matter, had 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 for which the official or employee was an
officer, director, trustee, partner or employee within one year immediately
preceding the matter;
(d)
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;
(e)
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;
(f)
A business entity, doing business with the City in which a direct
financial interest is owned by another business 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
(g)
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 or one calendar year after the termination
or the resignation of the former regulated lobbyist if the former
regulated lobbyist previously assisted or represented another party
for compensation in the matter.
[Added 5-23-2018 by Ord.
No. 673]
D.
Employment and financial interest restrictions.
(1)
Except as permitted by regulation of the Commission when the interest
is disclosed, 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
by and in accordance with regulations adopted by the Commission; or
(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.
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)
Until the conclusion of the next regular session that begins after
the elected official leaves office, a former member of the City Council
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 City.
G.
Use of prestige of office.
[Amended 5-23-2018 by Ord. No. 673]
(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.
(4)
Solicitation of contributions.
(a)
An official, other than an elected official, or employee may
not use public resources or the title of the official or employee
to solicit a contribution as that term is defined in the Election
Law Article of the Maryland Annotated Code.
(b)
An elected official may not use public resources to solicit
a contribution as that term is defined in the Election Law Article
of the Maryland Annotated Code.
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 a 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; or
(d)
Is a lobbyist with respect to matters within the jurisdiction
of the official or employee.
(e)
Is
in association, or any entity acting on behalf of an association,
that is engaged only in representing counties or municipal corporations.
[Added 10-26-2022 by Ord. No. 714]
(4)
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; 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.
(5)
Subsection H(4) 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.
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 individual'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 10-26-2022 by Ord. No. 714]
J.
An official
or employee may not retaliate against an individual for reporting
or participating in an investigation of a potential violation of the
local ethics law or ordinance.
[Added 10-26-2022 by Ord. No. 714[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
J as Subsection K.
K.
Participation in procurement.
(1)
An individual or a person that employs an individual who assists
a 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.
This section applies to all local elected officials and candidates
to be local elected officials.
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.
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:
(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]
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[1]]
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:
(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:
(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:
(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.
(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.
(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:
(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[2]]
(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:
[2]
Editor's Note: This ordinance also redesignated former Subsection
9 as Subsection 10.
(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.
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.
A.
This section only applies to all appointed officials and employees.
B.
A statement filed under this section shall be filed with the Commission
under oath or affirmation.
C.
On or before April 30 of each year during which an official or employee
holds office, an official or employee shall file a statement disclosing
gifts received during the preceding calendar year from any person
that contracts with or is regulated by the City, including the name
of the donor of the gift and the approximate retail value at the time
of receipt.
D.
An official or employee shall disclose employment and interests that
raise conflicts of interest or potential conflicts of interest in
connection with a specific proposed action by the employee or official
sufficiently in advance of the action to provide adequate disclosure
to the public.
A.
A person shall file a lobbying registration statement with the Commission
if the person:
(1)
Personally appears before a City 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 City.
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 five 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 Commission disclosing:
E.
The Commission 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 Commission.
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.
B.
Violations.
(1)
Upon a finding of a violation of any provision of this chapter, the
Commission may:
(2)
If the Commission finds that a respondent has violated § 44-7 of this chapter, the Commission may:
C.
Upon request by the Commission, the City Attorney may file a petition
for injunctive or other relief in the Circuit Court of Somerset County,
or in any other court having proper venue for the purpose of requiring
compliance with the provisions of this chapter.
(1)
The court may:
(a)
Issue an order to cease and desist from the violation;
(b)
Except as provided in Subsection C(2) of this section, 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
(c)
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.
(2)
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 Commission or a court finds has violated this chapter:
E.
A City 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 § 44-7 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 Commission is public
information.
