A.
In general. Queen Anne's County officials, board and commission members,
and employees are prohibited from the following, except as permitted
by Commission regulation or opinion:
(1)
Cannot participate in any matter in which there is an interest in
the matter, as distinguished from the public generally, for them or
a family member.
(2)
Cannot participate in any matter in which any of the following is
a party:
(a)
Business entity in which the official, employee, or family member
has an interest in the matter.
(b)
Business entity in which the official, employee, or family member
is an officer, director, trustee, partner or employee.
(c)
Business entity in which the official or employee or family
member is negotiating or has an arrangement for prospective employment.
(d)
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 the contract with a family member.
(e)
An entity doing business with the County, in which a direct
financial interest is owned by another entity in which the official,
employee or family member has an interest in the matter.
(f)
Business entity that is either a creditor or obligee of the
official, employee or family member with respect to anything of economic
value, or is a creditor or obligee in a position to directly or substantially
affect the interest of the official, employee, or family member.
(3)
Being employed by or having a financial interest in an entity that
is:
(4)
Holding any other employment or contractual relationship if that
relationship would impair the impartiality and independent judgment
of the official or employee.
(5)
Representing any party, for a contingent fee, or lobbying, for compensation,
before any County body, except for judicial or quasi-judicial proceedings.
(7)
Acting following termination of County service as a compensated representative
of another person in connection with any specific matter in which
he/she participated substantially as a County official or employee.
[Amended 5-22-2018 by Ord. No. 18-04]
(8)
Intentionally using the prestige of their office, or confidential
information acquired in their official County position, for their
own private gain or that of another. The performance of usual and
customary constituent services without additional compensation is
not prohibited under this section.
(9)
Submitting a bid or proposal for procurement, or assist or represent
another person, directly or indirectly, who is submitting a bid or
proposal for procurement, if that individual assists in the drafting
of specifications, an invitation for bids, or request for proposals,
except if exempt by the Commission in providing descriptive literature,
sole source procurements, or written comments solicited by the procuring
agency.
(10)
A former elected official assisting or representing another party
for compensation in a matter that is the subject of legislative action
for two calendar years after such person leaves office. The foregoing
limitation on representation does not apply to representation of a
municipal corporation, state or County governmental entity.
[Added 5-22-2018 by Ord.
No. 18-04]
(11)
Participation by a former regulated lobbyist who is or becomes subject
to regulation under this chapter as a public official or employee
in a case, contract or other specific matter as a public official
or employee for one calendar year after the termination of the registration
of the former regulated lobbyist if the former regulated lobbyist
previously assisted or represented another party for compensation
in the matter. This prohibition does not apply to an individual who
is a public official only as a member of a board and receives annual
compensation that is less than 25% of the lowest annual compensation
at the State of Maryland grade level 16.
[Added 5-22-2018 by Ord.
No. 18-04]
(12)
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.
[Added 9-27-2022 by Ord. No. 22-10]
B.
Exceptions for industry representatives. The prohibitions of this
section do not apply to an individual who is appointed to a regulatory
or licensing board or commission pursuant to a requirement that persons
subject to the jurisdiction of the board or commission be represented
in appointments to it.
C.
Other exceptions as permitted by regulation or opinion.
(1)
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 publically
disclosed to the appointing authority and the Commission;
(2)
An official or employee whose duties are ministerial, if the private
employment or financial interest does not create a conflict or appearance
of a conflict of interest; and
(3)
Other employment or financial interest as allowed by regulation if
the employment does not create a conflict or appearance of a conflict
of interest or if the financial interest is disclosed.
D.
Prohibition
against retaliatory conduct. 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 9-27-2022 by Ord. No. 22-10]
A.
Gifts from specified persons prohibited. Except as permitted by Subsection B of this section, a County official or employee may not solicit a gift of any value or facilitate the solicitation of a gift of any value on behalf of another, or accept any gift of more than $20 in value (or cumulative gifts totaling more than $100 in any one year) from any person who:
(1)
Has a contract with, or is negotiating a contract with, the County;
(2)
Is subject to the authority of the official or employee's agency;
or
(3)
Is a lobbyist subject to registration under § 844 of this
chapter unless the Commission determines that the gift would not present
a conflict of interest.
(4)
Has financial interests that may be substantially and materially
affected in a manner distinguishable from the public generally, by
performance or nonperformance of the official duties of the official
or employee.
(5)
Is an
association, or any entity acting on behalf of an association that
is engaged only in representing counties or municipal corporations.
[Added 9-27-2022 by Ord. No. 22-10]
B.
Qualified exceptions. Subject to the provisions of Subsection C of this section, the following gifts are permitted:
(1)
Meals or beverages in the presence of the donor or sponsoring entity,
not to exceed $20 in value;
(2)
Ceremonial gifts or awards of insignificant monetary value;
(3)
Unsolicited gifts of nominal value;
(4)
Trivial items of informational value;
(5)
Tickets or free admission extended to an elected official from the
person sponsoring or conducting the event, as a courtesy or ceremony
to the office, to attend a charitable, cultural, or political event;
(6)
A specific gift or class of gifts that the Commission exempts on
a written finding that acceptance of the gift or class of gifts would
not be detrimental to the impartial conduct of County business;
(7)
Gifts from family members; and
(8)
Honoraria for speaking to or participating in a meeting, provided
that the offering of the honoraria is not related in any way to the
official's or employee's position.
C.
Gifts generally prohibited. Notwithstanding the qualified exceptions in Subsection B, above, a County official or employee may not accept a gift:
(1)
If the gift would tend to impair the impartiality and independent
judgment of the official or employee receiving the gift; or
(2)
It would give the appearance of impairing the impartiality and independent
judgment of the official or employee receiving the gift; or
(3)
The official or employee receiving the gift believes, or has reason
to believe, that it is designed to impair the impartiality and independent
judgment of the official or employee receiving the gift.
A.
The Board of County Commissioners and the boards, commissions and committees, including ad hoc committees and task forces, appointed by the Board of County Commissioners, as identified in § 8-5C of this chapter, or appointed by any other board or commission, and the officials and employees as identified in § 8-5B and candidates for office as such when the positions are elective, are required to file the financial disclosure statements as provided in this section. If the official title of any of the boards, commissioners or individuals listed in § 8-5 of this chapter is changed, those persons fulfilling the same function shall be required to file financial disclosure statements as provided in this section.
B.
Any
person who is newly appointed to an employee position referred to
in the preceding subsection shall, together with acceptance of employment,
file a financial disclosure statement containing the necessary information
for the calendar year immediately preceding the official appointment
date.
C.
All members of boards, commissions and committees listed in Subsection A above, as identified in § 8-5C of this chapter, and all member of ad hoc committees and task forces providing advice and/or recommendations regarding acquisition, zoning or designation of land, whether appointed by the Board of County Commissioners or appointed by other local government boards or commissions authorized to make such appointments, shall, together with the member's acceptance letter, submit a financial disclosure statement which shall include disclosure of any and all potential conflicts of interest that may be foreseeable as a result of accepting the board, commission or committee appointment.
D.
Candidates
for elected office shall file a financial disclosure statement simultaneously
with the candidate's registration of candidacy for office with Queen
Anne's County Elections Board. The QAC Elections Board may not accept
any certificate of candidacy unless a statement has been filed in
proper form. If a statement required by a candidate is overdue and
not filed within eight days after written notice of the failure to
file is provided by the Elections Board, the candidate is deemed to
have withdrawn the candidacy. Within 30 days of the receipt of a statement,
the Elections Board shall forward the statement to the Commission.
[Amended 9-12-2023 by Ord. No. 23-08]
E.
Thereafter, all officials, candidates, appointees and employees identified in Subsection A shall file the required statement with the Ethics Commission on or before the 31st day of January of each year for the immediately preceding calendar year during any part of which the official, appointee or employee held an office or position or was a candidate for office.
F.
Upon
leaving office; upon taking office.
(1)
Upon leaving office.
(a)
Any official or employee who leaves an office identified in Subsection A for any reason other than death shall, within 30 days after the departure date, file a financial disclosure statement covering any period or periods for which the official or employee has not filed such a statement, including all required information up to the date of departure.
G.
All
financial disclosure statements required by this section shall be
on a form provided by the Commission, shall be signed under oath by
the person required to file, and shall disclose the following information
concerning the interest of said person:
(1)
For elected officials and candidates:
(a)
Interests in real property:
[1]
A schedule of all of their real estate holdings or interest
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.
[b]
The nature and extent of the interest held, including any conditions
and encumbrances on the interest.
[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, the
nature and amount of the consideration received, and the identity
of the person to whom it transfers.
[f]
The identity of any other person with an interest in the property.
(b)
Interests in corporations and partnerships:
[1]
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 in a business, the schedule shall include:
[a]
The name and address of the principal office.
[b]
The nature and amount of the interest held, including any conditions
and encumbrances on the interest.
[c]
If any interest was transferred, in whole or in part, at any
time during the reporting period, a description of the interest, the
nature and amount of the consideration received, and the identity
of the person to whom it transfers.
[d]
If any interest was acquired during the reporting period, the
date when, the manner in which, and the identity of the person from
whom the interest was acquired.
[e]
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.
[f]
Amount of interest can be reported in dollar amount, or shares
held and the percentage of equity interest in a corporation, unless
publically traded, or percentage of equity interest in a partnership.
(c)
Interests in business entities doing business with the County:
[1]
A schedule of all interests in any business entity that does business with the County, other than as reported in Subsection G(2)(b) of this section.
[2]
For each interest in a business, the schedule shall include:
[a]
The name and address of the principal office.
[b]
The nature and amount of the interest held, including any conditions
and encumbrances on the interest.
[c]
If any interest was transferred, in whole or in part, at any
time during the reporting period, a description of the interest, the
nature and amount of the consideration received, and the identity
of the person to whom it transfers.
[d]
If any interest was acquired during the reporting period, the
date when, the manner in which, and the identity of the person from
whom the interest was acquired.
[e]
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.
[Amended 9-27-2022 by Ord. No. 22-10]
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(i) An interest held by an immediate family member, if the interest
was directly or indirectly controlled by the individual at any time
during the reporting period.
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(ii) An interest held, at any time during the applicable period,
by:
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(1) A business entity in which the individual held
a 0 or greater interest.
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(2) A business entity described in Section (1) of
this subsection in which the business entity held a 25% or greater
interest;
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(3) A business entity described in Section (2) of
this subsection in which the business entity held a 50% or greater
interest; and
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(4) 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.
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(iii) An interest held by a trust or an estate in which the
individual held a reversionary interest, was a beneficiary, or a settlor
to a revocable trust, at any time during the reporting period.
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(d)
Employment with or interest in entities doing business with
the County:
[1]
A schedule of all offices, directorships, and salaried employment
by the individual or member of the immediate family held at any time
during the reporting period with entities doing business with the
County.
[3]
For a statement filed on or after January 1, 2019, if the individual’s
spouse is a regulated lobbyist, the entity that has engaged the spouse
for lobbying purposes.
[Added 9-12-2023 by Ord. No. 23-08]
(e)
A schedule of all liabilities to persons doing business with
the County at any time during the reporting period by the individual
or by a member of the immediate family of the individual if the individual
was involved in the transaction giving rise to the liability. For
the purposes of this subsection, indebtedness does not include retail
credit accounts. 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 owed as of the end of the reporting period.
[3]
The terms of payment and the extent to which the principal amount
of the debt was increased or reduced during the year.
[4]
If any, the security given.
(f)
A schedule of each gift of more than $20 in value, or a series
of gifts totaling more than $100 in value, received during the reporting
period from any person or business entity doing business with the
County or subject to the authority of the County, or from an association,
or any entity acting on behalf of an association that is engaged only
in representing counties or municipal corporations, and as to each
such gift, the nature and value thereof, the identity of the donor
from whom or on behalf of whom, directly or indirectly, it was received.
[Amended 9-27-2022 by Ord. No. 22-10]
(g)
A schedule of immediate family members of the individual employed
by the County in any capacity at any time during the reporting period.
(h)
A schedule of sources of income, to include the name and address
of each place of employment and of each business entity of which the
individual or a member of the immediate family was a sole or partial
owner and from which the individual or member of the immediate family
received earned income, at any time during the reporting period. 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 child.
(i)
A schedule of additional interests or information that the individual
wishes to disclose.
(2)
For employees and appointed officials.
(a)
A schedule of interests in real property and business entities:
[1]
All of their real estate holdings or interests in Queen Anne's
County, including, but not limited to, their personal residence, whether
held individually, jointly, in partnership, or corporately, and with
whom the property is owned; and
[Amended 9-27-2022 by Ord. No. 22-10]
[2]
The identity of any other person with an interest in the property;
and
[3]
The name and address of all business entities operating in Queen
Anne's County, including parent, subsidiary, or associated entities,
in which a financial interest was held at any time during the reporting
period, whether or not the business entity does business with the
County or is subject to the authority of the County, except financial
interest in businesses publically traded on a national stock exchange.
(b)
A schedule of any office, directorship, partnership, or salaried
employment in any business entity held by them or their spouse during
the reporting period.
(c)
A schedule of the name and address of any person doing business
with or subject to the authority of the County to which the official
or employee was indebted at any time during the reporting period.
For the purpose of this subsection, indebtedness does not include
retail credit accounts, any liability of less than $1,000, or mortgage
indebtedness on a primary residence.
(d)
A schedule disclosing gifts received during the preceding calendar
year from any person that contracts with or is regulated by the County,
including the name of the donor of the gift and approximate retail
value at the time or receipt.
(e)
A schedule of 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.
H.
I.
Financial
or contractual relationships.
[Added 9-27-2022 by Ord. No. 22-10]
(1)
An individual
shall disclose the information specified in General Provisions Article
§ 5-607(j)(l), Annotated Code of Maryland, for any financial
or contractual relationship with:
J.
When
January 31 or any other deadline for filing in this section falls
on a Saturday, Sunday or legal holiday, the financial disclosure filing
date shall be extended to the next working day.
K.
The Commission shall maintain all financial disclosure statements
filed under this section for four years from the date of receipt.
The 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 County or the Commission.
If an individual examines or copies a financial disclosure statement,
the Commission shall record the name and home address of the individual
reviewing or copying the statement and the name of the person whose
financial disclosure statement was reviewed. Upon request of the individual
whose statement was reviewed, the Commission shall provide them the
name and home address of the person who reviewed the statement. After
January 1, 2019, the Commission may not provide public access to the
portions of statements that are filed that includes an individual’s
home address that the individual has identified as the individual’s
home address. Except, the Commission or office designated by the Commission
shall not provide public access to information related to consideration
received from:
[Amended 5-22-2018 by Ord. No. 18-04; 9-27-2022 by Ord. No. 22-10]
L.
The Commission shall review the financial disclosure statements submitted
for compliance with the provisions of this section and shall notify
the individual of any omissions or deficiencies.
M.
The Commission may take appropriate enforcement action to ensure
compliance with this section.
N.
Late or incomplete statements.
[Added 5-22-2018 by Ord.
No. 18-04]
(1)
Failure
to file an annual financial disclosure statement by January 31 or,
in the case of individuals appointed to fill a vacancy, within 30
days of appointment shall be a violation of this chapter. Upon a showing
of good cause for the lateness in filing, the Ethics Commission may
grant one extension of a duration considered by them as appropriate
under the circumstances. Failure to file the annual financial disclosure
statement within the time allowed by any such extension shall be a
violation of this chapter.
(2)
Any
financial disclosure statement filed which the Ethics Commission determines
to be incomplete or otherwise deficient shall be given a set period,
not in excess of 30 days to correct the deficiency. Failure to correct
such deficiency within the time given shall be a violation of this
chapter.
A.
Registration. A person identified as a "lobbyist" within the meaning of § 8-6 of this chapter shall file with the Commission a registration statement:
C.
Year-end
report.
(1)
A lobbyist shall file a report with the Commission within 31 days
after the close of a calendar year during which the lobbyist was registered.
(2)
The report shall disclose:
(a)
The value, date, and nature of any food, entertainment, or other
gift provided to a County official or employee; and
(b)
The identification of the official or employee or their spouse or
dependent children receiving one or more gifts with an aggregate value
of $25 or more.
(c)
The amount and source of all compensation paid to the lobbyist for
or in connection with all lobbying activities.
(d)
For any lobbyist qualifying under Subsection D of the definition of "lobbyist" in § 8-6, a breakdown of expenditures on the activities described therein.[1]
[1]
Editor's Note: Former Subsection C(2)(e), added 5-22-2018 by Ord. No. 18-04, which immediately followed and required disclosing the entity that engaged an individual's spouse for lobbying purposes for statements filed on or after 1-1-2019, was repealed 9-12-2023 by Ord. No. 23-08. For current provisions, see § 8-13G(1)(d)[3].
D.
Public
access. The Commission shall maintain registrations and reports filed
under this section as public records available for public inspection
and copying.
The Commission may grant exemptions and modifications to the requirements of §§ 8-11, 842, and 8-13 of this chapter if the Commission determines that applying the provisions would not be contrary to the purposes of this chapter, and the application of this chapter would:
