As used in this chapter, the following terms shall have the
meanings indicated:
BUSINESS ENTITY
Any corporation, limited liability company, 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.
[Amended 7-9-2013 by Ord. No. 204]
COMPENSATION or EARNED INCOME
Money or anything of value, regardless of form, received
or to be received for service rendered. 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. For reporting purposes, a prorated amount shall
be labeled as such.
DOING BUSINESS WITH
Being party to or negotiating any transaction with the Town that involves the commitment, either in a single or in multiple transactions of $5,000 in Town funds, or being actively regulated by or otherwise under the authority of the Town or any Town body, or being a registered as a lobbyist under §
12-10.1 of this chapter.
[Amended 7-9-2013 by Ord. No. 204; 5-9-2023 by Ord. No. 257]
FINANCIAL INTEREST
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.
A financial interest also means ownership, or ownership of securities
of any kind representing or convertible into ownership, of more than
3% of a business entity, and may include a loan or loan guarantee
if under the circumstances the loan or loan guarantee has a direct
and material financial impact on a public employee or Town Official,
their immediate family, or any business with which they are affiliated,
as distinguished from the public generally.
[Amended 5-9-2023 by Ord. No. 257]
GIFT
The transfer of anything of economic value, regardless of
the form, without adequate and lawful consideration. For purposes
of this chapter, a gift does not include a transfer regulated by state
or federal law governing political campaigns or elections.
HOME ADDRESS
The principal home and designated second home, if any.
[Added 5-9-2023 by Ord. No. 257]
IMMEDIATE FAMILY MEMBERS
Family members who are the spouse or dependent child of the
individual.
[Amended 7-9-2013 by Ord. No. 204]
INTEREST
Any source of income or any other legal or equitable economic
interest, whether or not subject to an encumbrance or a condition,
which is owned or held, in whole or in part, jointly or severally,
directly or indirectly by any person subject to this chapter. An interest
does not include:
A.
An interest in a time deposit or demand deposit in a financial
institution, a money market fund, investment account, mutual fund
or deposit-type account;
B.
An interest held in the capacity of a personal agent, representative,
custodian, fiduciary or trustee, unless the holder has an equitable
interest therein;
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.
[Amended 7-9-2013 by Ord. No. 204]
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
[Added 7-9-2013 by Ord. No. 204]
E.
An interest in a common trust fund or a trust that has been
determined by the Internal Revenue Service to be a qualified trust
or college savings plan under Internal Revenue Code.
[Added 7-9-2013 by Ord. No. 204]
F.
A mutual fund that is publicly traded on a national scale unless
the mutual fund is composed primarily of holdings of stocks and interests
in a specific sector or area that is regulated by the individual’s
governmental unit.
[Added 7-9-2013 by Ord. No. 204]
LOBBYIST
Any person who communicates with a Town official or employee
with intent to influence that person in the performance of his official
duties and who, in connection with such intent, is compensated, including
a prorated part of a salary or fee for services, at least $1,000 in
connection with this activity, or expends or reasonably expects to
expend in a given calendar year in excess of $100 on food, entertainment
or other gifts for such Town officials or public employees.
[Amended 7-9-2013 by Ord. No. 204]
PERSON
An individual or business entity.
QUASI-GOVERNMENTAL ENTITY
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 5-9-2023 by Ord. No. 257]
[Amended 7-9-2013 by Ord. No. 204]
A. In this section, "qualified relative" means a spouse, parent, child
or sibling.
B. All Town elected officials, officials appointed to Town boards and
commissions subject to this chapter, and employees are subject to
this section.
C. Participation prohibitions. Except as permitted by Commission regulation
or opinion, an official or employee may not participate in:
(1) 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.
(2) 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:
(a)
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;
(b)
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;
(c)
A business entity with which the official or employee or, to
the knowledge of the official or employee, a qualified relative is
negotiating or has any arrangement concerning 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 a contract with a qualified relative;
(e)
An entity, doing business with the Town, 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; or
(f)
A business entity that:
[1]
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
[2]
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.
(3) A person who is disqualified from participating under Subsection
C(1) or
(2) of this section shall disclose the nature and circumstances of the conflict and may participate or act if:
(a)
The disqualification leaves a body with less than a quorum capable
of acting;
(b)
The disqualified official or employee is required by law to
act; or
(c)
The disqualified official or employee is the only person authorized
to act.
(4) The prohibitions of Subsection
C(1) and
(2) of this section do not apply if participation is allowed by regulation or opinion of the Commission.
(5) A former regulated lobbyist who is or becomes subject to this chapter
as an employee or official, other than an elected official or an appointed
official, may not participate in a case, contract, or other specific
matter as an employee or official 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.
[Added 5-9-2023 by Ord.
No. 257]
D. 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
Town agency, board, commission with which the official or employee
is affiliated; or
[2]
That is negotiating or has entered a contract with the agency,
board, or commission with which the official or employee is affiliated;
or
(b)
Hold any other employment relationship that would impair the
impartiality or independence of judgment of the official or employee.
(2) This prohibition does 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;
(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;
(e)
Decisions relating to the property tax rate, general Town fees
or service charges or a comprehensive zoning ordinance or similar
matter are not considered to have direct financial impact to the extent
that a Council member would be affected in common with the general
public; or
(f)
Participation by Council members in Council action relating
to, and voting on, the annual budget in its entirety. When one or
more items in the annual budget would have a direct financial impact,
as distinguished from the public generally, on a Council member, his
or her employer, family member or any business entity in which he
or she has an interest, the Council member must first file with the
Ethics Commission a sworn statement that describes the conflict. Council
members may not propose, seek to remove, or participate in the Council's
discussion of any budget item that creates such a conflict.
E. Post-employment limitations and restrictions.
(1) A former official or employee may not assist or represent any party
other than the Town for compensation in a case, contract, or other
specific matter involving the Town if that matter is one in which
the former official or employee significantly participated as an official
or employee.
(2) A former elected official may not assist or represent another party
for compensation in a matter that is the subject of legislative action
for one calendar year after the elected official leaves office.
[Amended 5-9-2023 by Ord. No. 257]
F. Contingent compensation. Except in a judicial or quasi-judicial proceeding,
an official or employee may not assist or represent a party for contingent
compensation in any matter before or involving the Town.
G. 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, or to influence, except as
part of the official duties of the official or employee, or as a usual
and customary constituent service without additional compensation,
the award of a state or local contract to a specific person.
[Amended 5-9-2023 by Ord. No. 257]
(2) Other than in the discharge of official duties, an 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 and that is not available to the public, for the economic
benefit of the official or employee or that of another person.
(3) Use an official position in any way to coerce, or give the appearance
of coercing, another person to provide any financial benefit to him
or persons within his immediate family, or those with whom a public
official has business or financial interest.
(4) Use the attorney or attorneys who are under retainer by the Town
for personal or private business without paying just compensation.
(5) Use Town property for personal benefit or official position to request
or require an employee to:
(a)
Do work on behalf of his or her family, business, social, church
or fraternal interests;
(b)
Purchase goods and services to be used for personal, business,
or political purposes.
(6) 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 5-9-2023 by Ord. No. 257]
(7) An official
may not directly or indirectly initiate a solicitation for a person
to retain the compensated services of a particular regulated lobbyist
or lobbying firm.
[Added 5-9-2023 by Ord. No. 257]
(8) This subsection does not prohibit the performance of usual and customary
constituent services by an elected local official without additional
compensation.
(9) An official, other than an elected official, or employee may not
use public resources or the title of the official or employee to solicit
a contribution as that term is defined in the Election Law Article
of the Annotated Code of Maryland.
[Added 5-9-2023 by Ord.
No. 257]
(10) An elected official may not use public resources to solicit a contribution
as that term is defined in the Election Law Article of the Annotated
Code of Maryland.
[Added 5-9-2023 by Ord.
No. 257]
H. An individual, or a person that employs an individual, who assists
the Town 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. The Commission may establish exemptions from the requirements
of this section for providing descriptive literature, sole source
procurements, and written comments solicited by the Town.
[Amended 7-9-2013 by Ord. No. 204]
A. An official or employee may not solicit any gift.
B. An official or employee may not directly or indirectly solicit or
facilitate the solicitation of a gift, on behalf of another person,
from a lobbyist.
C. An official or employee may not knowingly accept a gift, directly
or indirectly, from a person that the official or employee knows or
has the reason to know:
(1) Is doing business with or seeking to do business with the Town office,
agency, board or commission with which the official or employee is
affiliated;
(2) 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;
(3) Is engaged in an activity regulated or controlled by the official's
or employee's governmental unit;
(4) Is a lobbyist with respect to matters within the jurisdiction of
the official or employee; or
(5) Is an
association, or an entity acting on behalf of an association, that
is engaged only in representing counties or municipal corporations.
[Added 5-9-2023 by Ord. No. 257]
D. Subsection
E of this section 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.
E. Notwithstanding Subsection
C of this section, 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 local official
to attend a charitable, cultural, or political events, 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 Town 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;
(8) Honoraria for speaking to or participating in a meeting, provided
that the offering of the honorarium is not related in any way to the
official's or employee's official position.
[Amended 7-9-2013 by Ord. No. 204]
A. This section applies to all Town elected officials and candidates
to be Town elected officials.
B. Financial disclosure statement.
(1) Except as provided in Subsection
C of this section, a Town elected official or a candidate to be a Town elected official shall file the financial disclosure statement required under this section:
(a)
On a form provided by the Commission;
(b)
Under oath or affirmation; and
(2) Deadlines for filing statements.
(a)
An incumbent Town elected official shall file a financial disclosure
statement annually no later than April 30 of each year for the preceding
calendar year.
(b)
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 for the reporting
period shall file a statement for the preceding calendar year and
the portion of the current calendar year to date of filing prior to
appointment within 30 days of appointment.
(c)
Leaving office.
[1]
An individual who, other than by reason of death, leaves an
office for which a statement is required shall file a statement within
60 days after leaving the office.
[2]
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.
C. Candidates to be Town elected officials.
(1) A candidate to be an elected Town official shall file a financial
disclosure statement each year beginning with the year in which the
certificate of nomination 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 nomination is filed, no later
than the filing of the certificate of nomination. The reporting period
shall be the calendar year immediately preceding the year in which
the petition is filed, and the portion of the current calendar year
to the date the certificate is filed;
(b)
In the year of the election, if other than the year in which
the certificate of nomination is filed, on or before April 30; and
(c)
In all other years for which a statement is required, on or
before April 30.
(3) A candidate to be an elected Town official:
(a)
Shall file the statement required under §
12-9C(2)(a) of this chapter with the Supervisors of Elections at the time of filing of the certificate of nomination or with the Commission prior to or at the time of filing the certificate of nomination; and
(b)
Shall file the statements required under §
12-9C(2)(b) and
(c) with the Commission.
(4) If a candidate fails to file a statement required by this section, then the Supervisors of Elections shall, pursuant to §
C5-8B of the Town Charter, notify the candidate in writing, within seven days of the certificate of nomination filing deadline, that the certificate of nomination does not meet the requirements, that the certification of nomination has been denied and the candidate is deemed to have withdrawn the candidacy.
(5) The Supervisors of Elections may not certify any certificate of nomination
unless a statement has been filed in proper form.
(6) Upon receipt of a statement required under this section, the Supervisors
of Elections shall promptly forward the statement to the Commission
or the office designated by the Commission.
D. Public record.
(1) The Commission or office designated by the Commission shall maintain
all financial disclosure statements filed under this section.
(2) 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.
(3) If an individual examines or copies a financial disclosure statement,
the Commission or the office designated by the Commission shall record:
(a)
The name and home address of the individual reviewing or copying
the statement; and
(b)
The name of the person whose financial disclosure statement
was examined or copied.
(4) Upon request by the official, candidate 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.
(5) 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 5-9-2023 by Ord.
No. 257]
(6) The Commission or office designated by the Commission shall not provide
public access to information related to consideration received from:
[Added 5-9-2023 by Ord.
No. 257]
(a)
The University of Maryland Medical System;
(b)
A governmental entity of the state or local government in the
state; or
(c)
A quasi-governmental entity of the state or local government
in the state.
E. Retention requirements. The Commission or the office designated by
the Commission shall retain financial disclosure statements for four
years from the date of receipt.
F. 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 corporation, regardless of whether
the corporation or partnership does business with the Town.
(b)
For each interest reported under this subsection, the schedule
shall include:
[1]
The name, including any and all names that the corporation,
partnership, limited liability partnership, or limited liability corporation
is trading as or doing business as, and address of the principal office
of the corporation, partnership, limited liability partnership, or
limited liability corporation;
[Amended 5-9-2023 by Ord. No. 257]
[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:
[a]
The date when, the manner in which, and the identity of the
person from whom the interest was acquired; and
[b]
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.
(c)
An individual may satisfy the requirement to report the amount of the interest held under Subsection
F(2) of this section by reporting, instead of a dollar amount:
[1]
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
[2]
For an equity interest in a partnership, the percentage of equity
interest held.
(3) Interests in business entities doing business with the Town.
(a)
A statement filed under this section shall include a schedule of all interests in any business entity that does business with the Town, other than interests reported under Subsection
F(2) of this section.
(b)
For each interest reported under this subsection, the schedule
shall include:
[1]
The name, including any and all names that the business is trading
as or doing business as, and address of the principal office of the
business entity;
[Amended 5-9-2023 by Ord. No. 257]
[2]
The nature and amount of the interest held, including any conditions
to and encumbrances in 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:
[a]
The date when, the manner in which, and the identity of the
person from whom the interest was acquired; and
[b]
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.
(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
or is regulated by the Town, or from an association, or any entity
acting on behalf of an association, that is engaged only in representing
counties or municipal corporations.
[Amended 5-9-2023 by Ord. No. 257]
(b)
For each gift reported, the schedule shall include:
[1]
A description of the nature and value of the gift; and
[2]
The identity of the person from whom, or on behalf of whom,
directly or indirectly, the gift was received.
(5) Employment with or interests in entities doing business with the
Town.
(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
Town.
(b)
For each position reported under this subsection, the schedule
shall include:
[1]
The name and address of the principal office of the business
entity;
[2]
The title and nature of the office, directorship, or salaried
employment held and the date it commenced; and
[3]
The name of each Town agency with which the entity is involved.
(6) Indebtedness to entities doing business with the Town.
(a)
A statement filed under this section shall include a schedule
of all liabilities, excluding retail credit accounts, to persons doing
business with the Town owed at any time during the reporting period:
[2]
By a member of the immediate family of the individual if the
individual was involved in the transaction giving rise to the liability.
(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) A statement filed under this section shall include a schedule of
the immediate family members of the individual employed by the Town
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 Town, the individual shall disclose
the entity that has engaged the spouse for lobbying purposes.
[Added 5-9-2023 by Ord.
No. 257]
(9) 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.
(10) Relationship with University of Maryland Medical System, state or
local government, or quasi-governmental entity.
[Added 5-9-2023 by Ord.
No. 257]
(a)
An individual shall disclose the information specified in General
Provisions Article § 5-607(j)(1), Annotated Code of Maryland,
for a financial or contractual relationship with:
[1]
The University of Maryland Medical System;
[2]
A governmental entity of the state or local government in this
state; or
[3]
A quasi-governmental entity of the state or local government
in the state.
(b)
For each financial or contractual relationship reported, the
schedule shall include:
[1]
A description of the relationship;
[2]
The subject matter of the relationship; and
G. For the purposes of §
12-9F(1),
(2) and
(3) of this chapter, 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 reporting period, by:
[Amended 5-9-2023 by Ord. No. 257]
(a)
A business entity in which the individual held a 10% or greater
interest;
(b)
A business entity described in Subsection
G(2)(a) in which the business entity held 25% or greater interest;
(c)
A business entity in Subsection
G(2)(b) 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.
H. 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.
I. The Town Ethics Commission may take appropriate enforcement action
to ensure compliance with this section.
[Amended 7-9-2013 by Ord. No. 204]
A. This section only applies to the following appointed officials and
employees:
(2) Assistant Town Administrator.
(4) Members of all boards and commissions.
B. A statement filed under this section shall be filed with the Commission
under oath or affirmation.
C. On or before April 30 of each year during which an official or employee
holds office, an official or employee shall file a statement disclosing
gifts received during the preceding calendar year from any person
that contracts with or is regulated by the Town, including the name
of the donor of the gift and the approximate retail value at the time
or receipt.
D. An official or employee shall disclose 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.
E. The Commission shall maintain all disclosure statements filed under this section as public records available for public inspection and copying as provided in §
12-9D and
E of this chapter .
[Added 5-9-2023 by Ord.
No. 257]
A. A person shall file a lobbying registration statement with the Commission
if the person:
(1)
Personally appears before a Town 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 excess of $20 on a single gift or $100 or more
on a series of gifts in a given calendar year on food, entertainment,
or other gifts for officials or employees of Town of Manchester.
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. Registration contents.
(1)
The registration statement shall identify:
(b)
Any other person on whose behalf the registrant acts; and
(c)
The subject matter on which the registrant proposes to make appearances specified in Subsection
A of this section.
(2)
The registration statement shall cover a defined registration
period not to exceed one calendar year.
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:
(1)
The value, date, and nature of any food, entertainment, or other
gift provided to a Town official or employee; and
(2)
If a gift to a single official or employee of the Town of Manchester
exceeds $20 in value, or a series of gifts totaling $100 or more given
in one calendar year, the identity of the official or employee.
(3)
If the filer's spouse is a regulated lobbyist, the entity
that has engaged the spouse to lobby.
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.
[Amended 7-9-2013 by Ord. No. 204]
A. The Ethics Commission may grant exemptions to the provisions of §§
12-7,
12-8 and
12-10 of this chapter to employees and to appointed members of the Town's boards and commissions, if it makes specific written findings that an exemption or modification would not be contrary to the purposes of this chapter, and the application of those provisions would:
(1) Constitute an unreasonable invasion of privacy; and
(2) Significantly reduce the availability of qualified persons for public
service.
B. The decision of the Ethics Commission to grant an exemption or modification
hereunder shall be in writing and shall be maintained as a public
record available for public inspection and copying.
C. Any person subject to this chapter may, upon written request, ask
the Ethics Commission for an advisory opinion concerning the meaning
or application of this chapter. Such opinion shall be issued as promptly
as practicable. Before any such opinion is made public, any material
which may identify a person who is the subject of the opinion shall
be deleted, or redacted to the fullest extent possible, and the identity
of such person shall not be revealed unless the subject of the opinion
authorizes disclosure. Unless the Ethics Commission otherwise directs,
such person may rely upon the opinion of the Commission unless that
opinion is plainly inconsistent with the provisions of this chapter.