[HISTORY: Adopted by the Board of County Commissioners of
Charles County 11-15-2011 by Bill No. 2011-08. Amendments noted
where applicable.]
This chapter may be cited as the "Charles County Code of Ethics."
A.
The Board of County Commissioners of Charles County, Maryland, 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 County's business is subject to improper influence and even
the appearance of improper influence.
C.
For the purpose of guarding against improper influence, the Board
of County Commissioners of Charles County enacts this Code of Ethics
to require County elected officials, 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 Board of County Commissioners of Charles
County 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 Charles County Ethics Commission established under § 170-4A 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 § 170-8 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.
Charles County, Maryland.
Having or negotiating a contract that involves the commitment,
either in a single or combination of transactions, of $5,000 or more
of County government-controlled funds;
Being regulated by or otherwise subject to the authority of
the County; or
Being registered as a lobbyist under § 170-8 of this chapter.
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
Ownership, or the ownership of securities of any kind representing
or convertible into ownership, of more than 3% of a business entity
by a County 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.
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 § 170-6 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 which has more than 25 participants and which
has been determined by the Internal Revenue Service to be a qualified
trust under the Internal Revenue Code; or
A college savings plan under the Internal Revenue Code.
A person required to register and report expenses related to lobbying under § 170-8 of this chapter.
Communicating in the presence of a County government 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 County official or employee with the
intent to influence that official or employee.
An elected official, an employee of the County government,
or a person appointed to or employed by the County or any County agency,
board, commission, or similar entity:
Includes an individual or business entity.
A spouse, parent, child, brother, or sister.
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 5-18-2022 by Bill No. 2022-02]
A.
Commission membership and terms.
(1)
There is a County Ethics Commission that consists of five members,
and one alternate member, appointed by the Board of County Commissioners
of Charles County. One member shall be appointed by the Charles County
Bar Association to serve a four-year term coexistent with the County
Commissioners.
(2)
The remaining Commissioners shall serve staggered four-year terms
as follows: two members shall be appointed in December 2012, and two
members in December 2013. The alternate member shall serve a four-year
term coexistent with the County Commissioners. The members of the
Ethics Commission in office on the effective date of this legislation
shall be reappointed in accordance with this subsection.
(3)
A Commission member may serve until a successor is appointed and
qualifies.
B.
Officers, meetings, quorum.
(1)
The Commission shall elect a Chairman and Vice Chairman from among
its members.
(2)
The term of the Chairman and Vice Chairman is one year.
(3)
The Chairman and Vice Chairman may be reelected.
(4)
The Commission shall meet at least quarterly at a time convenient
to all members. In addition, the Commission shall meet as necessary
to issue advisory opinions or to conduct proceedings related to complaints.
All proceedings shall be open to the public, except as specifically
provided herein with respect to complaints.
(5)
Three members shall constitute a quorum. The concurrence of three
members shall be required for an advisory opinion or a final determination
of a complaint.
C.
Counsel for Commission.
(1)
The County Attorney 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 County
Attorney or independent counsel if authorized, all complaints filed
regarding alleged violations of this chapter by any person.
F.
The County Attorney shall retain as a public record all forms submitted
by any person under this chapter for at least four years after receipt
by the Commission.
G.
The Commission shall be responsible for conducting public information
and education programs 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 County is in compliance with
the requirements of State Government Article, Title 15, Subtitle 8,
Annotated Code of Maryland, for elected local officials.
I.
The Commission shall:
(1)
Determine if changes to this chapter are required to be in compliance
with the requirements of State Government Article, Title 15, Subtitle
8, Annotated Code of Maryland; and
(2)
Shall forward any recommended changes and amendments to the Board
of County Commissioners for Charles County for enactment.
J.
Advisory opinions.
(1)
Any person subject to this chapter may request an advisory opinion
from the Commission concerning the application of this chapter. The
request shall be a public record, with the identity of the requestor
deleted.
(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
60 days of the request.
(3)
In accordance with all applicable state and County 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.
K.
Complaints of violation.
(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 or affirmation under
penalties of perjury that the statements therein are true and correct
to the best of the complainant's knowledge, information and belief.
(3)
The Commission may dismiss a complaint that fails to allege a violation
of this chapter or permit an amendment of a deficient complaint or
refer a complaint to the County Attorney, or independent counsel if
authorized, 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,
or to otherwise respond to the Commission concerning the complaint.
(6)
A final determination of a violation resulting from the hearing shall
include findings of fact and conclusions of law. The form and legal
sufficiency of the findings and conclusions shall be approved by the
County Attorney, or independent counsel if authorized.
(7)
Upon finding of a violation, the Commission may take any enforcement action provided for in § 170-10 of this chapter.
(8)
Confidentiality of complaints.
(a)
After a complaint is filed and until a final finding of a violation
by the Commission, all actions, including any enforcement or other
judicial action, regarding a complaint are confidential.
(b)
Upon conclusion of the actions, including any enforcement or
other judicial action, regarding a complaint, a finding of a violation
is public information.
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 County 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 County 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;
[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.
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:
(a)
Be employed by or have a financial interest in any entity:
[1]
Subject to the authority of the official or employee or the
County agency, Board, or Commission with which the official or employee
is affiliated;
[2]
That is negotiating or has entered a contract with the agency,
board, or commission with which the official or employee is affiliated;
or
[3]
Hold any other employment relationship that would impair the
impartiality or independence of judgment of the official or employee.
(2)
The prohibitions of Subsection B(1) of this section 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 County for compensation in a case, contract, or other
specific matter involving the County if that matter is one in which
the former official or employee significantly participated as an official
or employee.
(2)
For a period of one year after the elected official leaves office,
a former member of the Board of County Commissioners for Charles County
may not assist or represent another party for compensation in a matter
that is the subject of legislative action.
D.
Use of prestige of office.
(1)
An official or employee may not intentionally use the prestige of
office or public position for the private gain of that official or
employee or the private gain of another.
(2)
This subsection does not prohibit the performance of usual and customary
constituent services by an elected official without additional compensation.
E.
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 County
government 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;
(d)
Is a lobbyist with respect to matters within the jurisdiction
of the official or employee; or
(e)
Is an association, or any entity acting on behalf of an association
that is engaged only in representing counties or municipal corporations.
[Added 5-18-2022 by Bill No. 2022-02]
(4)
Applicability.
(a)
This subsection does not 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 E(3) of this subsection, 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 insignificant monetary
value;
[3]
Unsolicited gifts of nominal value that do not exceed $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 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 County 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.
F.
Disclosure of confidential information other than in the discharge
of official duties.
(1)
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 official's or employee'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 5-18-2022 by Bill No. 2022-02]
G.
Participation in procurement.
(1)
An individual or a person that employs an individual who assists
a County 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.
H.
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 5-18-2022 by Bill No. 2022-02]
A.
This section applies to all local elected officials, all candidates
to be local elected officials and the following County employees:
(2)
Safety Officer.
(4)
(5)
Director of Economic Development.
(7)
(8)
Director of Human Resources.
(a)
Assistant Director of Human Resources.
(b)
Recruitment and Retention Administrator.
[Amended 1-10-2017 by Bill No. 2016-09]
(c)
Benefits Administrator.
[Amended 1-10-2017 by Bill No. 2016-09]
(d)
Benefits Compliance Administrator
[Added 1-10-2017 by Bill
No. 2016-09]
(e)
Human Resources Programs Manager.
[Added 1-10-2017 by Bill
No. 2016-09]
(10)
Director of Public Works.
[Amended 1-10-2017 by Bill No. 2016-09]
(a)
Assistant Director of Public Works, Facilities.
(b)
Chief of Capital Services.
(c)
Chief of Roads.
(d)
Chief of Building and Trades.
(e)
Facility Maintenance Superintendent.
(f)
Chief of Environmental Resources.
(g)
Construction Superintendent.
(h)
Landfill Superintendent.
(i)
Construction Supervisor.
(j)
Financial Support Manager.
(k)
Fleet Maintenance Superintendent.
(11)
(12)
Director of Recreation, Parks, and Tourism.
[Added 1-10-2017 by Bill No. 2016-09[4]]
(a)
Assistant Director of Recreation, Parks and Tourism.
(b)
Chief of Tourism and Special Events.
(c)
Chief of Parks and Grounds.
(d)
Chief of Recreation.
[4]
Editor's Note: This bill also redesignated former Subsection
A(12) as Subsection A(13).
(13)
Any other employee in a similar position which the Commission
determines should file.
B.
Except as provided in Subsection D of this section, an elected official, employee, or candidate to be an elected official shall file the financial disclosure statement required under this subsection:
C.
Deadlines for filing statements.
(1)
An incumbent official or employee shall file a financial disclosure
statement annually no later than April 30 of each year for the preceding
calendar year.
(2)
An official or employee 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.
D.
Candidates to be elected officials.
(1)
Except for an official or employee 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)
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)
(4)
If a candidate fails to file a statement required by this section
after written notice is provided by the Charles County 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 Charles County 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 Charles County Board of Election Supervisors shall forward
the statement to the Commission, or an office designated by the Commission.
E.
Public record.
(1)
The County Attorney shall maintain all financial disclosure statements
filed under this section.
(2)
The County Attorney 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.
(4)
The County Attorney 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.
(5)
The
County Attorney shall not provide public access to information related
to consideration received from:
[Added 5-18-2022 by Bill No. 2022-02]
F.
Retention requirements. The County Attorney 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 company, regardless of whether the
company, corporation or partnership does business with the County
government.
[Amended 5-18-2022 by Bill No. 2022-02]
(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 company;
[Amended 5-18-2022 by Bill No. 2022-02]
[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:
[5]
Any other names that the business is trading as or doing business
as.
[Added 5-18-2022 by Bill No. 2022-02]
(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 County.
(a)
A statement filed under this section shall include a schedule of all interests in any business entity that does business with the County, 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:
[5]
Any other names that the business is trading as or doing business
as.
[Added 5-18-2022 by Bill No. 2022-02]
(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
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.
[Amended 5-18-2022 by Bill No. 2022-02]
(5)
Employment with or interests in entities doing business with the
County:
(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
County.
(6)
Indebtedness to entities doing business with the County:
(a)
A statement filed under this section 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:
(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 County. A statement filed under this section
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.
(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 County, the individual shall
disclose the entity that has engaged the spouse for lobbying purposes.
[Added 5-18-2022 by Bill No. 2022-02]
(9)
Relationship
with University of Maryland medical system, state or local government,
or quasi-governmental entity.
[Added 5-18-2022 by Bill No. 2022-02[5]]
(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:
[5]
Editor's Note: This bill also redesignated former Subsection
G(9) as Subsection G(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 Subsection G(1), (2), and (3) of this section, 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 5-18-2022 by Bill No. 2022-02]
(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,
though an interest in one or a combination of other business entities,
holds a 10% or greater interest.
(3)
An interest held by a trust or an estate in which, at any time during
the reporting period:
(a)
The individual held a reversionary interest or was a beneficiary;
or
(b)
If a revocable trust, the individual was a settlor.
[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 Charles County Ethics Commission may take appropriate enforcement
action to ensure compliance with this section.
A.
Disclosure statement; annual deadline.
(2)
The appointed officials shall be required to disclose the information specified in § 170-6G of this chapter only with respect to those interests, gifts, compensated positions, and liabilities that may create a conflict, as provided in § 170-5 of this chapter, between the member's personal interests and the member's official local duties.
(3)
An official shall file a statement required under this section annually,
not later than April 30 of each calendar year during which the official
holds office.
B.
Appointed officials required to file:
(1)
Boards and Commissions.
[Amended 1-10-2017 by Bill No. 2016-09]
(a)
Agricultural Land Preservation Board.
(b)
Board of Appeals (Zoning).
(c)
Board of Electrical Examiners.
(d)
Board of License Commissioners (Liquor Board).
(e)
Critical Area Commission.
(f)
Ethics Commission.
(g)
Disadvantaged Business Loan Review Board.
(h)
Planning Commission.
(i)
Gaming Permit Review Board.
(j)
Historic Preservation Commission.
(k)
Nuisance Abatement Hearing Board.
(l)
Such other Boards or Commission as may be added by the County
Ethics Commission.
A.
A person shall file a lobbying registration statement with the Commission
if the person:
(1)
Personally appears before a County 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 the County.
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 §§ 170-6 and 170-7 of this chapter to employees and to appointed members of County Boards and Commissions, 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.
Findings of violation.
(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 § 170-8 of this chapter, the Commission may:
B.
Petition for injunctive or other relief.
(1)
Upon request of the Commission, the County Attorney may file a petition
for injunctive or other relief in the Circuit Court of Charles County,
or in any other court having proper venue for the purpose of requiring
compliance with the provisions of this chapter.
(2)
Court actions.
(a)
The court may:
[1]
Issue an order to cease and desist from the violation;
[2]
Except as provided in Subsection B(2)(b) 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
[3]
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.
(b)
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.
C.
Violation as misdemeanor.
(1)
Any person who knowingly and willfully violates the provisions of § 170-8 of this chapter is guilty of a misdemeanor, and upon conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than one 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.
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.
Retention of paper 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 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 Board of County Commissioners for
Charles County 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.
