[HISTORY: Adopted by the City Council of
the City of New Carrollton 6-20-2012 by Ord. No. 12-03.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch.
12, Ethics, Code of, adopted 2-17-1982 (Ch. 21 of the 1975 Code),
as amended.
This chapter may be cited as the "City of New Carrollton, Maryland,
Public Ethics Ordinance."
A.
The
City of New Carrollton, recognizing that our system of representative
government is dependent in part upon the people maintaining the highest
trust in their public officials and employees, finds and declares
that the people have a right to be assured that the impartiality and
independent judgment of public officials and employees will be maintained.
B.
It
is evident that this confidence and trust is eroded when the conduct
of the City's business is subject to improper influence and even the
appearance of improper influence.
C.
For
the purpose of guarding against improper influence, the New Carrollton
City Council enacts this Public Ethics Ordinance to require City of
New Carrollton elected officials, appointed officials, employees,
and individuals appointed to boards and commissions to disclose their
financial affairs and to set minimum standards for the conduct of
local government business.
D.
It
is the intention of the New Carrollton City Council that this chapter,
except its provisions for criminal sanctions, be liberally construed
to accomplish this purpose.
In this chapter, the following terms have the meanings indicated.
The City of New Carrollton Ethics Commission established under § 12-4A of this chapter.
Any money or thing of value, regardless of form, received or
to be received by any individual covered by this chapter from an employer
for service rendered.
For the purposes of § 12-8 of this chapter, if lobbying is only a portion of a person's employment, "compensation" means a prorated amount based on the time devoted to lobbying compared to the time devoted to other employment duties.
[Added 2-20-2019 by Ord. No. 19-05]
Having or negotiating a contract that involves the commitment,
either in a single or combination of transactions, of five thousand
dollars ($5,000.) or more of City-controlled funds;
Being regulated by or otherwise subject to the authority of
the City of New Carrollton; or
Being registered as a lobbyist under § 12-8 of this chapter.
Any individual who holds an elective office of the City of
New Carrollton.
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 one thousand dollars
($1,000.) per year; or
Ownership, or the ownership of securities of any kind representing
or convertible into ownership, of more than three-percent (3%) of
a business entity by a City of New Carrollton official or employee
or the spouse of an official or employee.
The transfer of anything of economic value, regardless of the
form, without adequate and lawful consideration.
"Gift" does not include a political campaign contribution regulated
under 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 campaign contributions.
The address of an individual's principal home and designated
second home, if any.
[Added 2-20-2019 by Ord. No. 19-05]
A spouse and dependent children.
A legal or equitable economic interest, whether or not subject
to an encumbrance or a condition, that is owned or held, in whole
or in part, jointly or severally, directly or indirectly.
For purposes of § 12-6 of this chapter, "interest" includes any interest held at any time during the reporting period.
"Interest" does not include:
An interest held in the capacity of a personal agent, custodian,
fiduciary, personal representative, or trustee, unless the holder
has an equitable interest in the subject matter;
An interest in a time or demand deposit in a financial institution;
An interest in an insurance policy, endowment policy, or annuity
contract under which an insurer promises to pay a fixed amount of
money either in a lump sum or periodically for life or a specified
period;
A common trust fund or a trust which forms part of a pension
or profit sharing plan that:
[Amended 12-17-2014 by Ord. No. 15-05]
Has more than twenty-five (25) participants; and
Has been determined by the Internal Revenue Service to be a
qualified trust under the Internal Revenue Code; or
[Amended 2-20-2019 by Ord. No. 19-05]
A college savings plan under the Internal Revenue Code; or
[Added 2-20-2019 by Ord. No. 19-05]
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 City of New Carrollton.
[Amended 12-17-2014 by Ord. No. 15-05; 2-20-2019 by Ord. No. 19-05]
A person required to register and report expenses related to lobbying under § 12-8 of this chapter.
Communicating in the presence of a City of New Carrollton official
or employee with the intent to influence any official action of that
official or employee; or
Engaging in activities with the express purpose of soliciting
others to communicate with a City of New Carrollton official or employee
with the intent to influence that official or employee.
An elected official, an employee of the City of New Carrollton
or a person appointed to or employed by the City of New Carrollton
or any City agency, board, commission, or similar entity:
[Amended 2-20-2019 by Ord. No. 19-05]
Includes an individual or business entity.
The sole residential property that an individual occupies
as the individual's primary residence, whether owned or rented by
the individual.
[Added 2-20-2019 by Ord. No. 19-05]
A spouse, parent, child, brother, or sister.
A residential property that:
[Added 2-20-2019 by Ord. No. 19-05]
A.
Commission
established; composition and terms.
(1)
There is a City of New Carrollton Ethics Commission that consists
of three (3) regular members and one alternate member, appointed by
the Mayor and confirmed by the City Council.
(2)
The Commission members shall serve three-year terms.
(3)
A Commission member may serve until a successor is appointed and
qualifies.
C.
City
Solicitor Commission duties.
(1)
The City Solicitor shall assist the Commission in carrying out the
Commission's duties.
D.
The
Commission is the advisory body responsible for interpreting this
chapter and advising persons subject to this chapter regarding its
application.
E.
The
Commission shall hear and decide, with the advice of the City Solicitor
or other legal counsel if appropriate, all complaints filed regarding
alleged violations of this chapter by any person.
F.
The
Commission or an office designated by the Commission shall retain
as a public record all forms submitted by any person under this chapter
for at least four (4) years after receipt by the Commission.
G.
The
Commission shall conduct a public information and education program
regarding the purpose and implementation of this chapter.
H.
The Commission shall certify to the State Ethics Commission on or
before October 1 of each year that the City of New Carrollton is in
compliance with the requirements of General Provisions Article, Title
5, Subtitle 8, Annotated Code of Maryland, for elected local officials.
[Amended 2-20-2019 by Ord. No. 19-05]
I.
The Commission shall:
(1)
Determine if changes to this chapter are required to be in compliance
with the requirements of General Provisions Article, Title 5, Subtitle
8, Annotated Code of Maryland; and
[Amended 2-20-2019 by Ord. No. 19-05]
(2)
Shall forward any recommended changes and amendments to the City
Council for enactment.
J.
Advisory opinions.
(1)
Any person subject to this chapter may request for an advisory opinion
from the Commission concerning the application of this chapter.
(2)
The Commission shall respond promptly to a request for an advisory
opinion and shall provide interpretations of this chapter based on
the facts provided or reasonably available to the Commission within
sixty (60) days of the request.
(3)
In accordance with all applicable state and City laws regarding public
records, the Commission shall publish or otherwise make available
to the public copies of the advisory opinions, with the identities
of the subjects deleted.
(4)
The Commission may adopt additional policies and procedures related
to the advisory opinion request process.
K.
Complaints.
(1)
Any person may file a complaint with the Commission alleging a violation
of any of the provisions of this chapter.
(2)
A complaint shall be in writing and under oath.
(3)
The Commission may refer a complaint to the City Solicitor or other
legal counsel, if appropriate, for investigation and review.
(4)
The Commission may dismiss a complaint if, after receiving an investigative
report, the Commission determines that there are insufficient facts
upon which to base a determination of a violation.
(5)
If there is a reasonable basis for believing a violation has occurred,
the subject of the complaint shall be given an opportunity for a hearing
conducted in accordance with the applicable Commission rules of procedure.
(6)
A final determination of a violation resulting from the hearing shall
include findings of fact and conclusions of law.
(7)
Upon finding of a violation, the Commission may take any enforcement action provided for in § 12-9 of this chapter.
(9)
The Commission may adopt additional policies and procedures related
to complaints, complaint hearings, the use of independent investigators
and staff, the use of witness and document subpoenas, and cure and
settlement agreements.
L.
The Commission may grant exemptions to or modifications of the conflict
of interest and financial disclosure provisions of this chapter to
officials or employees serving as members of City Boards and Commissions,
when the Commission finds that the exemption or modification would
not be contrary to the purposes of this chapter, and the application
of this chapter would:
A.
Participation
prohibitions.
(1)
Except as permitted by Commission regulation or opinion, an official
or employee may not participate in:
(a)
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.
(b)
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:
[1]
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;
[2]
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;
[3]
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;
[4]
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;
[5]
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
[6]
A business entity that:
[a]
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
[b]
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.
(2)
A person who is disqualified from participating under Subsection A(1) of this section shall disclose the nature and circumstances of the conflict and may participate or act if:
(3)
The prohibitions of Subsection A(1) of this section do not apply if participation is allowed by regulation or opinion of the Commission.
(4)
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 termination or
registration of the former regulated lobbyist if the former regulated
lobbyist previously assisted or represented another party for compensation
in the matter.
[Added 2-20-2019 by Ord. No. 19-05]
B.
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)
The prohibitions of Subsection A(1) of this subsection do 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; 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.
C.
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)
A former elected official may not assist or represent another party
for compensation in a matter that is the subject of legislative action
for one calendar year after the elected official leaves office.
D.
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.
E.
Use
of prestige of office.
(1)
Private gain; influencing awarding of contracts; solicitation to
retain compensated lobbying services.
[Amended 2-20-2019 by Ord. No. 19-05]
(a)
An
official or employee may not intentionally use the prestige of office
or public position:
[1]
For the private gain of that official or employee or the private
gain of another; or
[2]
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.
(b)
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.
(2)
This subsection does not prohibit the performance of usual and customary
constituent services by an elected official without additional compensation.
(3)
Use of public resources or title to solicit contributions.
[Added 2-20-2019 by Ord. No. 19-05]
(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 Annotated Code of Maryland.
(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 Annotated
Code of Maryland.
F.
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 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 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.
(4)
Applicability.
(a)
This subsection does apply to a gift:
[1]
That would tend to impair the impartiality and the independence
of judgment of the official or employee receiving the gift;
[2]
Of significant value that would give the appearance of impairing
the impartiality and independence of judgment of the official or employee;
or
[3]
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.
(b)
Notwithstanding Subsection F(3) of this section, an official or employee may accept the following:
[1]
Meals and beverages consumed in the presence of the donor or
sponsoring entity;
[2]
Ceremonial gifts or awards that have significant monetary value;
[3]
Unsolicited gifts of nominal value that do not exceed twenty
dollars ($20.) in cost or trivial items of informational value;
[4]
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;
[5]
Gifts of tickets or free admission extended to an elected 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;
[6]
A specific gift or class of gifts that the Commission exempts
from the operation of this section 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 of New Carrollton
and that the gift is purely personal and private in nature;
[7]
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
[8]
Honoraria for speaking to or participating in a meeting, provided
that the offering of the honorarium is in no way related to the official's
or employee's official position.
G.
Disclosure
of confidential information. Other than in the discharge of official
duties, an 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 and that is not available
to the public for the economic benefit of the official or employee
or that of another person.
H.
Participation
in procurement.
(1)
An individual or a person that employs an individual who assists
a City of New Carrollton agency or unit 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:
I.
Nepotism.
(1)
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.
(3)
Neither a City official nor an employee shall participate in an action
relating to the discipline of a member of the City official's or employee's
family.
(4)
This shall not apply to City employees who marry after they are already
City employees. However, in such a situation, neither City employee
may directly or indirectly supervise the other City employee, and
where possible, they should not work in the same department nor work
together.
J.
Abuse of position.
(1)
No elected or appointed City official shall use the prestige of his
or her office to advance his or her own political interests, private
interest or the private interest of any other person or entity, whether
for profit or nonprofit.
(2)
No elected or appointed City official or City employee may seek monetary
or nonmonetary favors or contributions from any person or entity who
is subject to that person's official duties. Contributions from any
person or entity over which such City official or City employee has
any responsibility to approve or inspect the work of or in any way
approve contracts with, zoning of property in which the person or
entity has a direct or indirect interest (including any professional
or nonprofessional fee), permits, or the like. In no case shall any
City official or City employee seek monetary or nonmonetary gifts
or favors or contributions from any person or entity seeking a contract
with the City, any person or entity involved directly or indirectly
with any zoning or permit request before any City department, board,
commission, or the Mayor and City Council.
|
This does not include City employees discharging their official
job duties as laid out in their official City position descriptions.
|
[Amended 2-19-2014 by Ord. No. 14-05; 3-15-2017 by Ord. No. 17-06]
A.
This section applies to all elected officials, all candidates to
be elected officials, and the following City appointees:
|
The City Administrative Officer, the Chief of Police and the
Director of Public Works.
|
B.
C.
Deadlines
for filing statements.
(1)
Incumbent officials and appointees identified in Subsection A shall file a Financial Disclosure Statement annually no later than April 30 of each year for the preceding calendar year.
(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. The statement shall cover:
D.
Candidates
to be elected officials.
(1)
Except for an elected official or appointee 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 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 official shall file a statement required
under this section:
(a)
On or before the earlier of April 30 or the last day for the withdrawal
of candidacy in the year of the election when the certificate of candidacy
is filed, no later than the filing of the certificate of candidacy.
(b)
In the year of the election, a first interim report of campaign contributions
and expenditures since the date of the last preceding regular election
and prior to the seventh Monday preceding the election shall be filed
no later than 5:00 p.m. of the 31st day, including Sundays and legal
holidays, prior to a general or special election. A second interim
report of campaign contributions and expenditures received between
the seventh Monday preceding the election and prior to the third Monday
preceding the election shall be filed no later than 12:00 noon on
the second Friday preceding the election. A final report of campaign
contributions and expenditures not previously reported shall be filed
no later than 12:00 noon of the Friday following the election.
(c)
In all other years for which a statement is required, on or before
April 30.
(d)
Each candidate for the office of council member and the designated
campaign treasurer shall file with the City Clerk reports as specified
below which shall list each contribution, including any contribution
of an in-kind service, and expenditure of more than twenty-five dollars
($25.) or less. The reports shall include all contributions received
and expenditures made by the candidate or, with the knowledge of the
candidate or the candidate's treasurer, by any other person. The reports
shall include contributions made by the candidate or a member of his/her
immediate family. All reports filed shall be available for examination
by any member of the public during the normal office hours of the
City Clerk.
(3)
A candidate to be an elected official:
(a)
May file the statement required under § 12-6D(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 § 12-6D(2)(b), (c) and (d) of this chapter 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 required under this section
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 an office designated by the Commission.
E.
Public
record.
(1)
The Commission or office designated by the Commission shall maintain
all Financial Disclosure Statements filed under this section.
(2)
The Commission or office designated by the Commission shall make
Financial Disclosure Statements 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 individual whose Financial Disclosure Statement
was examined or copied, the Commission or the office designated by
the Commission shall provide the individual with a copy of the name
and home address of the person who reviewed the individual'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 2-20-2019 by Ord. No. 19-05]
F.
Retention
requirements. The Commission or the office designated by the Commission
shall retain Financial Disclosure Statements for four years from the
date of receipt.
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 of New
Carrollton.
(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, 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(2)(b)[2] of this section by reporting, instead of a dollar amount:
(3)
Interests in business entities doing business with the City of New
Carrollton.
(a)
A statement filed under this section shall include a schedule of all interests in any business entity that does business with the City of New Carrollton, other than interests reported under Subsection G(2) of this section.
(b)
For each interest reported under this subsection, 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 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 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 twenty dollars ($20.) in value or a series
of gifts totaling one hundred dollars ($100.) or more received during
the reporting period from or on behalf of, directly or indirectly,
any one person who does business with the City of New Carrollton.
(5)
Employment with or interests in entities doing business with the
City of New Carrollton.
(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 of New Carrollton.
(6)
Indebtedness to entities doing business with or regulated by the
City of New Carrollton.
[Amended 2-20-2019 by Ord. No. 19-05]
(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 City of New Carrollton owed at any
time during the reporting period:
(b)
For each liability reported under this subsection, 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 with the City of New Carrollton. A statement filed under
this section shall include a schedule of the immediate family members
of the individual employed by the City of New Carrollton 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 2-20-2019 by Ord. No. 19-05]
(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.
H.
For the purposes of § 12-6G(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 by a business entity in which the individual held
a thirty-percent (30%.) or greater interest at any time during the
reporting period.
I.
Review and 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 of New Carrollton Ethics Commission may take appropriate
enforcement action to ensure compliance with this section.
[Amended 3-15-2017 by Ord. No. 17-06]
A.
City
employees. The following City employees shall file the Financial Disclosure
Statement required by this section:
|
City Treasurer
| |
|
Assistant City Administrative Officer
| |
|
Assistant Director of Public Works
| |
|
Police Captain
| |
|
Manager, Code Enforcement
| |
|
Director of Finance
| |
|
Human Resources Coordinator
| |
|
City Clerk
|
B.
Appointed
members of City boards and commissions. The members of the following
City boards and commissions shall file the Financial Disclsoure Statement
required by this section:
|
Board of Appeals
| |
|
Ethics Commission
| |
|
Board of Elections
| |
|
Such other boards and commissions identified from time to time
by the Mayor and City Council.
|
C.
Financial Disclosure Statements required to be filed. Those individuals identified in Subsections A and B above must file an annual Conflict of Interest Disclosure Statement provided by the City with the Commission. The statement shall disclose those interests, gifts, compensated positions, and liabilities that may create a conflict, as provided in § 12-5 of this chapter, between the individual's personal interests and the individual's duties. A statement required under this section shall be filed annually, not later than April 30 of each calendar year during which the individual is requred to file. A statement filed under this section shall be updated by the person filing the statement to disclose those interests, gifts, compensated positions, and liabilities that occur after the initial filing that may create a conflict, as described hereinabove.
D.
The Commission shall maintain all disclosure statements filed under
this section as public records available for public inspection and
copying as provided in § l 2-6E of this chapter.
A.
B.
The
following activities are exempt from regulation under this section:
(1)
Professional services in drafting bills or in advising and rendering
opinions to clients as to the construction and effect of proposed
or pending City actions when these services do not otherwise constitute
lobbying activities;
(2)
Appearances before the New Carrollton City Council upon its specific
invitation or request if the person or entity engages in no further
or other activities in connection with the passage or defeat of City
Council actions;
(3)
Appearances before a City agency upon the specific invitation or
request of the agency if the person or entity engages in no further
or other activities in connection with the passage or defeat of any
agency executive action;
(4)
Appearance as part of the official duties of a duly elected or appointed
official or employee of the state or a political subdivision of the
state, or of the United States, and not on behalf of any other entity;
(5)
Actions of a publisher or working member of the press, radio, or
television in the ordinary course of the business of disseminating
news or making editorial comment to the general public who does not
engage in further or other lobbying that would directly and specifically
benefit the economic, business, or professional interests of the person
or entity or the employer of the person or entity;
(6)
Appearances by an individual before the New Carrollton City Council
at the specific invitation or request of a registered lobbyist if
the person performs no other lobbying act and notifies the New Carrollton
City Council that the person or entity is testifying at the request
of the lobbyist;
(7)
Appearances by an individual before a government agency at the specific
invitation or request of a registered lobbyist if the person or entity
performs no other lobbying act and notifies the agency that the person
or entity is testifying at the request of the lobbyist;
(8)
The representation of a bona fide religious organization solely for
the purpose of protecting the right of its own members to practice
the doctrine of the organization; and
(9)
Appearance as part of the official duties of an officer, director,
member, or employee of an association engaged exclusively in lobbying
for counties and municipalities and not on behalf of any other entity.
C.
Limited
exemption: employer of a lobbyist.
(1)
A person or entity who compensates one or more lobbyists and who
would otherwise be required to register as a lobbyist is not required
to file a registration and submit lobbying reports if the person or
entity reasonably believes that all expenses incurred in connection
with the lobbying activities will be reported by a properly registered
person or entity acting on behalf of the person or entity.
(2)
A person or entity exempted under this subsection becomes subject
to this section immediately upon failure of the lobbyist to report
any information required under this section.
D.
Registration.
(1)
The registration filed under this section shall be filed on or before
the later of the beginning of the calendar year in which the person
or entity expects to lobby and within five (5) days of first engaging
in lobbying activities in the calendar year.
(2)
The registration filed under this section:
(a)
Shall be dated and on a form developed by the Commission;
(b)
Shall include:
[1]
The lobbyist's full and legal name and permanent address;
[2]
The name, address, and nature of business of any person or entity
on whose behalf the lobbyist acts; and
[3]
The written authorization of any person or entity on whose behalf
the lobbyist acts or an authorized officer or agent, who is not the
lobbyist, of the person or entity on whose behalf the lobbyist acts.
(c)
A statement of whether the person or entity on whose behalf the lobbyist acts is exempt from registration under Subsection C of this section;
(d)
The identification, by formal designation, if known, of matters
on which the lobbyist expects to act;
(e)
Identification of the period of time within a single calendar
year during which the lobbyist is authorized to engage in these activities,
unless terminated sooner; and
(f)
The full legal signature of the lobbyist and, when appropriate,
the person or entity on whose behalf the lobbyist acts or an agent
or authorized officer of the person or entity on whose behalf the
lobbyist acts.
E.
A lobbyist shall file a separate registration for each person or
entity that has engaged or employed the lobbyist for lobbying purposes.
F.
A lobbyist may terminate the lobbyist's registration by providing
written notice to the Commission and submitting all outstanding reports
and registrations.
G.
A person or entity may not engage in lobbying activities on behalf
of another person or entity for compensation that is contingent upon
the passage or defeat of any action by the New Carrollton City Council
or the outcome of any executive action.
H.
Activity report.
(1)
A lobbyist shall file with the Commission or the office designated
by the Commission:
(2)
A lobbyist shall file a separate activity report for each person
or entity on whose behalf the lobbyist acts.
(3)
If the lobbyist is not an individual, an authorized officer or agent
of the entity shall sign the form.
(4)
The report shall include:
(a)
A complete and current statement of the information required
to be supplied with the lobbyist's registration form.
(b)
Total expenditures on lobbying activities in each of the following
categories:
[1]
Total compensation paid to the lobbyist, not including expenses reported under Subsection H(4)(b)[2] through [9] of this section;
[2]
Office expenses of the lobbyist;
[3]
Professional and technical research and assistance not reported in Subsection I of this section;
[4]
Publications which expressly encourage persons to communicate
with City officials or employees;
[5]
Names of witnesses, and the fees and expenses paid to each witness;
[6]
Meals and beverages for City officials and employees;
[7]
Reasonable expenses for food, lodging, and scheduled entertainment
of City officials or employees for a meeting which is given in return
for participation in a panel or speaking engagement at the meeting;
[8]
Other gifts to or for officials or employees or their spouses
or dependent children; and
[9]
Other expenses.
I.
Special gift report.
(1)
Cumulative value.
(a)
With the six-month activity report required under Subsection H of this section, a lobbyist shall report, except for gifts reported in Subsection H(4)(b)[7] of this section, gifts from the lobbyist with a cumulative value of seventy-five dollars ($75.) or more during the reporting period to an official, employee, or member of the immediate family of an official or employee.
(b)
The lobbyist shall report gifts under this subsection regardless
of whether the gift was given in connection with lobbying activities.
(2)
The report shall include the date, beneficiary, amount or value,
and nature of the gift.
J.
Notification to official and confidentiality.
(1)
If any report filed under this section contains the name of an official
or employee, or a member of the immediate family of an official or
employee, the Commission shall notify the official or employee within
30 days.
(2)
The Commission shall keep the report confidential for 60 days following
receipt by the Commission.
K.
The Commission may require a lobbyist to submit other reports the
Commission determines to be necessary.
L.
The Commission or office designated by the Commission shall maintain
all registrations and reports filed under this section.
M.
Review and enforcement.
(1)
The Commission shall review the registrations and reports filed under
this section for compliance with this section and shall notify persons
engaging in lobbying activities of any omissions or deficiencies.
(2)
The Commission may take appropriate enforcement action to ensure
compliance with this section.
N.
Annual report.
(1)
The Commission shall compute and make available a subtotal under each of the ten (10) required categories in Subsection H(4)(b) of this section.
(2)
The Commission shall compute and make available the total amount
reported by all lobbyists for their lobbying activities during the
reporting period.
O.
The Commission shall make lobbying registrations and reports available
during normal business hours for examination and copying subject to
reasonable fees and procedures established by the Commission.
A.
Upon a finding of a violation of any provision of this chapter, the
Commission may:
B.
If the Commission finds that a respondent has violated § 12-8 of this chapter, the Commission may:
C.
Upon request of the Commission, the City Solicitor may file a petition
for injunctive or other relief in the Circuit Court of Prince George's
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 ninety (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 five thousand dollars ($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.
Violations of § 12-8.
(1)
Any person who knowingly and willfully violates the provisions of § 12-8 of this chapter is guilty of a misdemeanor, and upon conviction, is subject to a fine of not more than one thousand dollars ($1,000.) or imprisonment for not more than one (1) year, or both.
(2)
If the person is a business entity and not a natural person, each
officer and partner of the business entity who knowingly authorized
or participated in the violation is guilty of a misdemeanor and, upon
conviction, is subject to the same penalties as the business entity.
E.
In addition to any other enforcement provisions in this chapter,
a person who the Commission or a court finds has violated this chapter.
F.
Papers and documents.
(1)
A person who is subject to the provisions of this chapter shall obtain
and preserve all accounts, bills, receipts, books, papers, and documents
necessary to complete and substantiate a report, statement, or record
required under this chapter for three (3) years from the date of filing
the report, statement, or record.
(2)
These papers and documents shall be available for inspection upon
request by the Commission or the Mayor and City Council of New Carrollton
after reasonable notice.
If any section, sentence, clause, or phrase of this chapter
is held invalid or unconstitutional by any court of competent jurisdiction,
the ruling shall not affect the validity of the remaining portions
of this chapter.
