Cecil County, MD Financial Disclosure by Elected Officials and Candidates for County Office

Except as provided in § 39-23 of this article, an elected official, candidate to be an elected official and County department head shall file the financial disclosure statement required under this section:

(1)

On a form provided by the Commission;

(2)

Under oath or affirmation; and

(3)

With the Commission.

Deadlines for filing statements.

(1)

An incumbent official shall file a financial disclosure statement annually no later than April 30 of each year for the preceding calendar year.

(2)

An official 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 reasons 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:

(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.

§ 39-23 Filing of statements by candidates for elected office.

Except an official who has filed a financial disclosure statement under another provision of this article 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.

A candidate to be an elected local official shall file a statement required under this article:

(1)

In the year the certificate of candidacy is filed, no later than the filing of the certificate of candidacy;

(2)

In the year of the election (if the candidate filed a certificate of candidacy in a previous year), on or before the earlier of April 30 or the last day for the withdrawal of candidacy; and

(3)

In all other years for which a statement is required, on or before April 30.

A candidate to be an elected official:

(1)

May file the statement required under Subsection B(1) of this section with the County Clerk or Board of Election Supervisors with the certificate of candidacy or with the Commission prior to filing the certificate of candidacy; and

(2)

Shall file the statements required under Subsection B(2) and (3) of this section with the Commission.

If a candidate fails to file a statement required by this article after written notice has been provided by the County Clerk or Board of Election Supervisors, the candidate is deemed to have withdrawn the candidacy.

The County Clerk or Board of Election Supervisors may not accept any certificate of candidacy unless a statement required under this article has been filed in proper form.

Within 30 days of the receipt of a statement required under this article, the County Clerk or Board of Election Supervisors shall forward the statement to the Commission, or an office designated by the Commission.

§ 39-24 Public record.

The Commission or office designated by the Commission shall maintain all financial disclosure statements filed under this article.

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. The Commission may not, however, provide public access to the portion of a financial disclosure statement that includes an individual's home address as identified by the individual (i.e., the Commission must redact the information before making it publicly available). This provision applies to all statements, whether posted on the internet or viewable only in the office.

[Amended 10-2-2018 by Bill No. 2018-15]

If an individual examines or copies a financial disclosure statement, the Commission or the office designated by the Commission shall record:

(1)

The name and home address of the individual reviewing or copying the statement; and

(2)

The name of the person whose financial disclosure statement was examined or copied.

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 official or employee with a copy of the name and home address of the person who reviewed the official's or employee's financial disclosure statement.

§ 39-25 Retention of statements.

The Commission or the office designated by the Commission shall retain financial disclosure statements for four years from the date of receipt.

§ 39-26 Contents of statement.

Interests in real property.

(1)

A statement filed under this article shall include a schedule of all interests in real property wherever located.

(2)

For each interest in real property, the schedule shall include:

(a)

The nature of the property and the location by street address, mailing address, or legal description of the property;

(b)

The nature and extent of the interest held, including any conditions and encumbrances on the interest, not to include the amount of indebtedness on the property, unless a creditor or lien holder does business with the County per Subsection C(2)(b) of this section;.

(c)

The date when, the manner in which, and the identity of the person from whom the interest was acquired;

(d)

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;

(e)

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

(f)

The identity of any other person with an interest in the property.

Interests in corporations and partnerships.

(1)

A statement filed under this article 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 County.

(2)

For each interest reported under this subsection, the schedule shall include:

(a)

The name and address of the principal office of the corporation, partnership, limited-liability partnership, or limited-liability corporation;

(b)

The nature and amount of the interest held, including any conditions and encumbrances on the interest;

(c)

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

(d)

With respect to any interest acquired during the reporting period:

[1]

The date when, the manner in which, and the identity of the person from whom the interest was acquired; and

[2]

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.

(3)

An individual may satisfy the requirement to report the amount of the interest held under Subsection B(2)(b) of this section by reporting, instead of a dollar amount:

(a)

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

(b)

For an equity interest in a partnership, the percentage of equity interest held.

Interests in business entities doing business with the County.

(1)

A statement filed under this article shall include a schedule of all interests in any business entity that does business with the County, other than interests reported under Subsection B of this section.

(2)

For each interest reported under this subsection, the schedule shall include:

(a)

The name and address of the principal office of the business entity;

(b)

The nature and amount of the interest held, including any conditions to and encumbrances on the interest;

(c)

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

(d)

With respect to any interest acquired during the reporting period:

[1]

The date when, the manner in which, and the identity of the person from whom the interest was acquired; and

[2]

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.

Gifts.

(1)

A statement filed under this article 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 the County.

(2)

For each gift reported, the schedule shall include:

(a)

A description of the nature and value of the gift; and

(b)

The identity of the person from whom, or on behalf of whom, directly or indirectly, the gift was received.

Employment with or interests in entities doing business with the County.

(1)

A statement filed under this article 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 County.

(2)

For each position reported under this subsection, the schedule shall include:

(a)

The name and address of the principal office of the business entity;

(b)

The title and nature of the office, directorship, or salaried employment held and the date it commenced; and

(c)

The name of each County agency with which the entity is involved as indicated by identifying one or more of the three categories of "doing business," as defined in § 39-3 of this chapter.

Indebtedness to entities doing business with Cecil County.

(1)

A statement filed under this article shall include a schedule of all liabilities, excluding retail credit accounts, to persons doing business with the County owed at any time during the reporting period:

(a)

By the individual; or

(b)

By a member of the immediate family of the individual if the individual was involved in the transaction giving rise to the liability.

(2)

For each liability reported under this subsection, the schedule shall include:

(a)

The identity of the person to whom the liability was owed and the date the liability was incurred;

(b)

The amount of the liability owed as of the end of the reporting period;

(c)

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

(d)

The security given, if any, for the liability.

Employment with Cecil County. A statement filed under this article shall include a schedule of the immediate family members of the individual employed by the County in any capacity at any time during the reporting period.

Sources of earned income.

(1)

A statement filed under this article 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.

(2)

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.

A statement filed under this article may also include a schedule of additional interests or information that the individual making the statement wishes to disclose.

§ 39-27 Interests of person making statement.

For the purposes of § 39-26A, B and C of this chapter, the following interests are considered to be the interests of the individual making the statement:

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.

An interest held by a business entity in which the individual held a 30% or greater interest at any time during the reporting period.

An interest held by a trust or an estate in which, at any time during the reporting period:

(1)

The individual held a reversionary interest or was a beneficiary; or

(2)

If a revocable trust, the individual was a settlor.

§ 39-28 Review and enforcement.

The Commission shall review the financial disclosure statements submitted under this article for compliance with the provisions of this article and shall notify an individual submitting the statement of any omissions or deficiencies.

The County Ethics Commission may take appropriate enforcement action to ensure compliance with this article.