This chapter shall be known and may be cited as the "Town of
Brentwood Code of Ethics."
The provisions of this chapter apply to all Town of Brentwood elected officials, candidates for public office (with the exception of §
86-6, Conflicts of Interest), employees, and appointees to boards and commissions of the Town of Brentwood.
In this chapter, the following terms shall have the meanings
indicated:
APPOINTED TOWN OFFICIAL
A member of any board, commission, or committee or authority
of the Town of Brentwood, whether salaried or not, who is appointed
to such position by the Mayor and Council.
BUSINESS ENTITY
A corporation, general or limited partnership, sole proprietorship,
joint venture, unincorporated association or firm, institution, trust,
foundation, or other organization, whether or not operated for profit.
Business entity does not include a governmental entity.
CHILDREN
Any natural child, adopted child, stepchild, foster child,
or grandchild of whatever age.
COMMISSION
The Town of Brentwood Ethics Commission established under §
86-5A of this chapter.
COMPENSATION
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 §
86-9 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.
COMPLAINANT
A person who files a written complaint with the Ethics Commission
alleging a violation of any of the provisions of this chapter.
DOING BUSINESS WITH
A.
Having or negotiating a contract that involves the commitment,
either in a single or combination of transactions, of $5,000 or more
of Town-controlled funds;
B.
Being regulated by or otherwise subject to the authority of
the Town; or
C.
Being registered as a lobbyist under §
86-9 of this chapter.
ELECTED OFFICIAL
Any individual who holds an elective office of the Town of
Brentwood.
EMPLOYEE
An individual who is employed by the Town. Employee does
not include an elected official.
FAMILY MEMBER
Anyone who is related to an individual by blood, marriage,
adoption or is a member of an individual's household. Family
members include but are not limited to an individual's spouse,
domestic partner, parent, sibling, child, cousin, mother-in-law, father-in-law,
grandparent, grandchild, or anyone who is a member of the individual's
household.
FINANCIAL INTEREST
A.
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
B.
Ownership, or the ownership of securities of any kind representing
or convertible into ownership, of more than 3% of a business entity
by a Town official or employee, or the spouse of an official or employee.
GIFT
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.
INTEREST
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 the financial disclosure provisions of this chapter, interest includes
any interest held at any time during the reporting period. Interest
does not include:
A.
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;
B.
An interest in a time or demand deposit in a financial institution;
C.
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;
D.
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
E.
A college savings plan under the Internal Revenue Code.
LOBBYING
A.
Communicating in the presence of a Town official or employee
with the intent to influence any official action of that official
or employee; or
B.
Engaging in activities with the express purpose of soliciting
others to communicate with a Town official or employee with the intent
to influence that official or employee.
LOBBYIST
A person required to register and report expenses related to lobbying under §
86-9 of this chapter.
OFFICIAL
An elected official, an employee of the Town or a person
appointed to or employed by the Town or any Town agency, board, commission,
or similar entity:
A.
Whether or not paid in whole or in part with Town funds; and
B.
Whether or not compensated.
PERSON
Includes an individual or business entity.
RESPONDENT
A person named in a written complaint filed with or initiated
by the Ethics Commission alleging a violation by such person of any
of the provisions of this chapter.
TOWN ATTORNEY
The Town Attorney of Brentwood, or alternatively designated
attorney empowered to represent the Town.
The Commission may grant exemptions and modifications to the financial disclosure provisions of §§
86-7 and
86-8 of this chapter to employees and to appointed members of Town 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. Constitute an unreasonable invasion of privacy; and
B. Significantly reduce the availability of qualified persons for public
service.