[HISTORY: Adopted by the County Council of Talbot County 7-24-2012 by Bill No.
1219.[1] Amendments noted where applicable.]
STATUTORY REFERENCES
Statutory authority — See Md. Code Ann., State
Government Art., §§ 15-205 and 15-206; and Md. Code
Ann., Title 15, Subtitle 8.
[1]
Editor's Note: This bill also repealed former Ch. 60, Ethics,
Code of, adopted 3-13-1984 by Bill No. 196, as amended. This bill
was derived from Model Ethics Law B.
This chapter may be cited as the "Talbot County Public Ethics
Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
A candidate for election to the County Council.
The Talbot County Ethics Commission.
Talbot County, Maryland.
The Talbot County Council.
Being a party to any one or any combination of sales, purchases,
leases, or contracts to, from, or with the County, or any agency of
the County, involving consideration of $5,000 or more on a cumulative
basis during the calendar year for which a required statement is to
be filed.
A member of the County Council. It does not include the Sheriff,
the State's Attorney, or the Register of Wills.
All full-time County employees.
Ownership of any interest as the result of which the owner has
received, within the past 3 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 percent of a business
entity by the official or employee or the official or employee's spouse.
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 the 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.
Any legal or equitable economic interest, whether or not subject to an encumbrance or a condition, which was owned or held, in whole or in part, jointly or severally, directly or indirectly. For purposes of financial disclosure under § 60-13 of this chapter "interest" applies to interests held at any time during the calendar year for which a required statement is to be filed. "Interest" does not include:
An interest held in the capacity of a personal representative,
agent, custodian, fiduciary, or trustee, unless the holder has an
equitable interest therein;
An interest in a time or demand deposit in a financial institution;
An interest in an insurance or endowment policy or annuity contract
under which an insurance company promises to pay a fixed number of
dollars either in a lump sum or periodically for life or some other
specified period; or
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 Sections 401 and 501 of the Internal Revenue Code of 1954.[1]
The County Manager, County Attorney, County department heads,
the Chief Code Compliance Officer, the Alcoholic Beverages Inspector,
and members of the following boards, commissions, and committees:
[Amended 6-14-2022 by Bill No. 1500]
The Electrical Board;
The Board of Appeals;
The Planning Commission;
The Agricultural Resolution Board;
The Ethics Commission;
The Golf Board;
The Airport Board;
The Historic Preservation Commission;
The Public Works Advisory Board;
The Short-Term Rental Review Board;
The Parks and Recreation Advisory Board;
The Police Accountability Board; and
The Administrative Charging Committee.
Both elected officials and nonelected officials.
A spouse, parent, child, or sibling.
An entity 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 6-14-2022 by Bill No. 1500]
[1]
Editor's Note: See 26 U.S.C. §§ 401 and 501.
The provisions of this chapter apply to all elected officials
and all nonelected officials and employees as set forth herein.
There is a Talbot County Ethics Commission that consists of
five members appointed by the County Council.
A.
The Commission shall:
(1)
Devise, receive, and maintain all forms required by this chapter;
(2)
Develop procedures and policies for advisory opinion requests and
provide published advisory opinions to persons subject to this chapter
regarding the applicability of the provisions of this chapter to them;
(3)
Develop procedures and policies for the processing of complaints
to make appropriate determinations regarding complaints filed by any
person alleging violations of this chapter; and
(4)
Conduct a public information program regarding the purposes and application
of this chapter.
B.
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 Md. Code Ann., General Provisions Art., Title
5, for elected local officials.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The Commission shall have advisory authority to recommend changes
to this chapter consistent with the requirements of Md. Code Ann.,
General Provisions Art., Title 5, and to forward any recommended changes
to the County Council for consideration.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
The Commission may adopt policies and procedures to implement the
Commission's programs established in this chapter.
E.
Commission members shall serve three-year terms staggered so that
no more than two terms expire in any single calendar year. Members
shall be residents of the County. Vacancies occurring prior to expiration
of the term shall be filled in the same manner as an original appointment
for the unexpired term. The Commission shall annually elect a Chairman
and Vice Chairman from its membership, and shall adopt rules of procedure
not inconsistent with the terms of this chapter to govern its meetings.
The presence of three members shall constitute a quorum, and the affirmative
vote of a majority of the members present at any meeting shall be
sufficient for transaction of any business. Members of the Commission
shall receive no compensation for their services.
This section applies to elected officials.
A.
Participation prohibitions. Except as permitted by Commission regulation
or opinion, an elected official may not participate in:
(1)
Any matter in which, to the knowledge of the elected official, the
elected official or a qualified relative of the elected official has
an interest.
(2)
Any matter in which any of the following is a party:
(a)
A business entity in which the elected official has a direct
financial interest of which the elected official may reasonably be
expected to know;
(b)
A business entity for which the elected official, or a qualified
relative of elected official is an officer, director, trustee, partner,
or employee;
(c)
A business entity with which the elected official or, to the
knowledge of the elected official, a qualified relative is negotiating
employment 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 elected official and
the official duties of the elected official, a business entity that
is a party to an existing contract with the elected official, or which,
to the knowledge of the elected official, is a party to a contract
with a qualified relative;
(e)
An entity, doing business with the County, in which a direct
financial interest is owned by another entity in which the elected
official has a direct financial interest, if the elected official
may be reasonably expected to know of both direct financial interests;
or
(f)
A business entity that:
[1]
The elected official knows is a creditor or obligee of the elected
official or a qualified relative of the elected official 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 elected official or a qualified relative
of the elected official.
(3)
(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, other than an elected official
or appointed 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 6-14-2022 by Bill No. 1500]
This section applies to nonelected officials and employees.
A.
Participation prohibitions. Except as permitted by Commission regulation
or opinion, a nonelected official or employee may not participate
in a County matter that would have a direct and economic impact, distinct
from the impact on the public at large, on the nonelected official
or employee or that, to the knowledge of the nonelected official or
employee, would have a direct economic impact on:
B.
The Commission may:
(1)
Grant exceptions to the participation restrictions in this section
where no conflict of interest exists or when the interest is too remote
and insubstantial to affect the integrity of the public actions of
the nonelected official or employee; and
(2)
Authorize participation notwithstanding a conflict when the disqualification
would leave a body with less than a quorum capable of acting, the
disqualified nonelected official or employee is required by law to
act, or the disqualified nonelected official or employee is the only
individual authorized to act.
A.
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:
(1)
Be employed by or have a financial interest in any entity subject
to the authority of the official or employee or the County agency,
board, commission with which the official or employee is affiliated;
or
(2)
Be employed by or have a financial interest in any entity 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.
B.
This prohibition does not apply to:
(1)
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;
(2)
Subject to other provisions of law, a member of a board or commission
with 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;
(3)
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 by and in
accordance with regulations adopted by the Commission; or
(4)
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.
A.
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.
B.
Until the conclusion of the next regular session that begins after
the elected official leaves office, a former elected official may
not assist or represent another party for compensation in a matter
that is the subject of legislative action.
[Amended 6-14-2022 by Bill No. 1500]
C.
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 County.
D.
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 from the date the official leaves office.
[Added 6-14-2022 by Bill No. 1500]
A.
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.
B.
This section does not prohibit the performance of usual and customary
constituent services by an elected official without additional compensation.
A.
An official or employee may not solicit any gift.
B.
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.
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 County
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 department, board, or commission;
(4)
Is a lobbyist with respect to matters within the jurisdiction of
the official or employee; or
(5)
Is
an association, or any entity acting on behalf of an association that
is engaged only in representing counties or municipal corporations.
[Added 6-14-2022 by Bill No. 1500]
D.
Notwithstanding Subsection C(1) through (4) 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 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 not related in any way to the
official's or employee's official position.
E.
Subsection D 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.
[Amended 6-14-2022 by Bill No. 1500]
A.
Other than
in the discharge of official duties, an official or employee or former
official or employee may not disclose or use confidential information
that the official or employee acquired by reason of the 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.
B.
An official
or employee may not retaliate against an individual for reporting
or participating in an investigation of a potential violation of this
chapter.
A.
An individual or a person that employs an individual who assists
a County agency 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.
B.
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.
This section applies to elected officials and candidates.
B.
Deadlines for filing statements.
(1)
An incumbent 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 reason of death, leaves an office
for which a statement is required shall file a statement within 60
days after leaving the office.
D.
Candidates.
(1)
Except for an elected official who has filed a financial disclosure
statement under another provision of this section for the reporting
period, a candidate 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)
Candidates 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)
A candidate:
(a)
May file the statement required under § 60-13D(2)(a) of this chapter with the Board of Election Supervisors with the certificate of candidacy or with the Commission prior to filing the certificate of candidacy; and
(b)
Shall file the statements required under § 60-13D(2)(b) and (c) with the Commission.
(4)
If a candidate fails to file a statement required by this section
after written notice is provided by the Board of Election Supervisors
at least eight days before the last day for the withdrawal of candidacy,
the candidate is deemed to have withdrawn the candidacy.
[Amended 6-14-2022 by Bill No. 1500]
(5)
The Board of Election Supervisors may not accept any certificate
of candidacy unless a statement has been filed in proper form.
(6)
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.
E.
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:
(4)
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.
(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 6-14-2022 by Bill No. 1500]
(6)
The
Commission or office designated by the Commission shall not provide
public access to information related to consideration received from:
[Added 6-14-2022 by Bill No. 1500]
F.
Retention requirements. The Commission or the office designated by
the Commission shall retain financial disclosure statements for four
years from the date of receipt.
G.
An individual
who is required to disclose the name of a business under this section
shall disclose any other names that the business is trading as or
doing business as.
[Added 6-14-2022 by Bill No. 1500[1]]
H.
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
[Amended 6-14-2022 by Bill No. 1500]
[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 County.
[1]
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: the date when, the manner in which, and the identity
of the person from whom the interest was acquired; and 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.
[2]
An individual may satisfy the requirement to report the amount
of the interest held under § 60-13G(2) of this chapter 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 § 60-13G(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 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:
(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 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 6-14-2022 by Bill No. 1500]
(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.
(b)
For each position reported under this subsection, the schedule
shall include:
(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)
A statement filed under this section shall include a schedule of
the immediate family members of the elected official and candidate
who are 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 County 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 Talbot County, the individual shall
disclose the entity that has engaged the spouse for lobbying purposes.
[Added 6-14-2022 by Bill No. 1500]
(9)
Relationship
with University of Maryland Medical System, state or local government,
or quasi-governmental entity.
[Added 6-14-2022 by Bill No. 1500[2]]
(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:
[2]
Editor's Note: This bill also redesignated former Subsection
G(9) as Subsection H(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.
I.
For the purposes of § 60-13G(1), (2), and (3) of this chapter,[3] 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 by a business entity in which the individual held
a 30% or greater interest at any time during the reporting period.
(4)
An
interest held, at any time during the applicable period, by:
[Added 6-14-2022 by Bill No. 1500]
(a)
A business entity in which the individual held a 10% or greater
interest;
(b)
A business entity described in Subsection I(4)(a) of this section in which the business entity held a 25% or greater interest;
(c)
A business entity described in Subsection I(4)(b) of this section in which the business entity held a 50% or greater interest; and
(d)
A business entity in which the individual directly or indirectly,
through an interest in one or a combination of other business entities,
holds a 10% or greater interest.
J.
Commission review and enforcement.
(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 Commission may take appropriate enforcement action to ensure
compliance with this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This section applies to nonelected officials and employees who,
acting alone or as members of a board or commission, have decisionmaking
authority or act as principal advisors to a person, board, or commission
with that authority in making County policy or exercising quasi-judicial,
regulatory, licensing, inspecting, or auditing functions. This section
applies to the County Manager, County Attorney, all department heads,
the Chief Code Compliance Officer, the Alcoholic Beverages Inspector,
members of the Electrical Board, members of the Planning Commission,
and members of the Board of Appeals.
A.
A statement filed under this section shall be filed with the Commission
under oath or affirmation.
B.
On or before April 30 of each year during which a nonelected official
or employee holds office, the nonelected 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 County,
including the name of the donor of the gift and the approximate retail
value at the time or receipt.
C.
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.
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 $250 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 5 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Commission may grant exemptions and modifications to the provisions of § 60-6 and § 60-14 of this chapter to nonelected officials and employees, 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.
The Commission may:
(2)
Assess a late fee of $10 per day up to a maximum of $250 for a failure to file a timely lobbyist registration or lobbyist report required under § 60-15 of this chapter; and
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Issue a cease and desist order against any person found to be in
violation of this chapter.
B.
Upon a finding of a violation of any provision of this chapter, the
Commission may:
C.
If the Commission finds that a respondent has violated § 60-15, Lobbying, of this chapter, the Commission may:
(1)
Require a respondent who is a registered lobbyist to file any additional reports or information that reasonably relates to the information that is required under § 60-15 of this chapter;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Impose a fine not exceeding $5,000 for each violation; and
(3)
Suspend the registration of an individual registered lobbyist if the Commission finds that the lobbyist has knowingly and willfully violated § 60-15 of this chapter or has been convicted of a criminal offense arising from lobbying activities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Circuit Court action.
(1)
Upon request of by the Commission, the County Attorney may file a
petition for injunctive or other relief in the Circuit Court of Talbot
County, or in any other court having proper venue for the purpose
of requiring compliance with the provisions of this chapter.
(2)
The Court may:
(a)
Issue an order to cease and desist from the violation;
(b)
Except as provided in Subsection D(2)(b)[2] of this section:
[1]
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
[2]
Notwithstanding Subsection D(2)(b)[1], 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)
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.
E.
In addition to any other enforcement provisions in this chapter,
a person who the Commission or a court finds has violated this chapter:
F.
A County official or employee found to have violated this chapter
is subject to disciplinary or other appropriate personnel action,
including removal from office, disciplinary action, suspension of
salary, or other sanction.
G.
Violation of § 60-14 of this chapter shall be a misdemeanor subject to a fine of up to $10,000 or imprisonment of up to one year.
H.
A finding of a violation of this chapter by the Commission is public
information.
