This article applies to all elected officials and candidates
to be elected officials.
B.
Deadlines for filing statements.
(1)
An incumbent local elected official shall file a financial disclosure
statement annually no later than April 30 of each year for the preceding
calendar year.
(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 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.
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.
B.
The statement required under this section shall be filed:
(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, 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.
C.
A candidate to be an elected official:
D.
If a candidate fails to file a statement required by this article
after written notice is provided by the Commission 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of candidacy, the candidate is deemed to have withdrawn the candidacy.
E.
The Commission or Board of Election Supervisors may not accept any
certificate of candidacy unless a statement has been filed in proper
form.
F.
Within 30 days of the receipt of a statement required under this
section, the Board of Election Supervisors shall forward the statement
to the Commission or the office designated by the Commission.
A.
The Commission or office designated by the Commission shall maintain
all financial disclosure statements filed under this section.
B.
Financial disclosure statements shall be made available during normal
office hours for examination and copying by the public subject to
reasonable fees and administrative procedures established by the Commission.
C.
If an individual examines or copies a financial disclosure statement,
the Commission or the office designated by the Commission shall record:
D.
Upon request by the official or employee whose financial disclosure
statement was examined or copied, the Commission or the office designated
by the Commission shall provide the official with a copy of the name
and home address of the person who reviewed the official's financial
disclosure statement.
E.
For statements filed after January 1, 2019, the Commission or the
office designated by the Commission may not provide public access
to an individual's home address that the individual has designated
as the individual's home address.
[Added 5-19-2020 by Bill No. 2020-03]
The Commission or the office designated by the Commission shall
retain financial disclosure statements for four years from the date
of receipt.
A.
Interests in real property.
(1)
A statement filed under this section 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;
(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.
B.
Interests in corporations and partnerships.
(1)
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 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:
C.
Interests in business entities doing business with County.
(1)
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 C(2) 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 in 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:
D.
Gifts.
(1)
A statement filed under this section shall include a schedule of
each gift in excess of $20 in value or a series of gifts totaling
$100 or more received during the reporting period from or on behalf
of, directly or indirectly, any one person who does business with
or is regulated by the County.
E.
Employment with or interests in entities doing business with Wicomico
County.
(1)
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.
(2)
For each position reported under this subsection, the schedule shall
include:
F.
Indebtedness to entities doing business with County.
(1)
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:
(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.
G.
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.
H.
Sources of earned income.
(1)
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.
(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.
(3)
For
a statement filed on or after January 1, 2019, if the individual's
spouse is a lobbyist regulated by Wicomico County, the individual
shall disclose the entity that has engaged the spouse for lobbying
purposes.
[Added 5-19-2020 by Bill No. 2020-03]
I.
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.
For the purposes of § 37-20A, B, and C of this chapter, the following interests are considered to be the interests of the individual making the statement:
A.
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.
B.
An interest held by a business entity in which the individual held
an interest of 30% or greater at any time during the reporting period.
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.