Calvert County, MD Ethics Regulation

Except as permitted by this chapter, elected officials, appointed officials and employees shall not participate in a matter if:

The elected official, appointed official, employee or qualified relative has an interest in the matter of which the elected official, appointed official or employee reasonably may be expected to know.

Any of the following is a party to the matter:

A business entity in which the elected official, appointed official, employee or qualified relative has a direct financial interest of which the elected official, appointed official or employee reasonably may be expected to know;

A business entity, of which any of the following is an officer, director, trustee, partner, or employee:

The elected official, appointed official or employee; or

If known to the elected official, appointed official or employee, an qualified relative of the elected official, appointed official or employee;

A business entity with which any of the following has applied for a position, is negotiating employment, or has arranged prospective employment:

The elected official, appointed official or employee; or

If known to the elected official, appointed official or employee, an qualified relative of the elected official, appointed official or employee;

If the contract reasonably could be expected to result in a conflict between the private interest and the official duties of the elected official, appointed official or employee, a business entity that is a party to a contract with:

The elected official, appointed official or employee; or

If known to the elected official, appointed official or employee, an qualified relative of the elected official, appointed official or employee;

A business entity, either engaged in a transaction with Calvert County or subject to regulation by the elected official's, appointed official's or employee's governmental unit, in which a direct financial interest is owned by another business entity if the elected official, appointed official or employee:

Has a direct financial interest in the other business entity; and

Reasonably may be expected to know of both financial interests; or

A business entity that:

The elected official, appointed official or employee knows is a creditor or obligee of the elected official, appointed official or employee, or of a qualified relative of the elected official, appointed official or employee, with respect to a thing of economic value; and

As a creditor or obligee, is in a position to affect directly and substantially the interest of the elected official, appointed official or employee, or a qualified relative of the elected official, appointed official or employee.

Participation on behalf of the County would, to his/her knowledge, have a direct or indirect financial impact, as distinguished from the public generally, on the elected official, appointed official or employee or any qualified relative or business entity with which they are or any qualified relative is affiliated.

Participation in a contract that reasonably could be expected to result in a conflict between the private interests of the elected official, appointed official or employee and the official duties of the elected official, appointed official or employee, a business entity that is a party to an existing contract with the elected official, appointed official or employee, or which, to the knowledge of the elected official, appointed official or employee, is a party to a contract with a qualified relative.

Supervision of a qualified relative; subject to those exceptions set forth in the definition of a "qualified relative."

All persons disqualified from participating under this subsection shall disclose the nature and circumstances of the conflict and may participate in the matter or act if:

The disqualification leaves a body with less than a quorum capable of acting within a reasonable time;

The disqualified elected official, appointed official or employee is required by law to act; or

The disqualified elected official, appointed official or employee is the only person authorized to act.

The prohibitions of Subsection A(1) of this section do not apply if application for an advisory opinion is made to the Commission pursuant to this chapter and participation is specifically allowed by written opinion of the Commission,

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 9-20-2022 by Ord. No. 39-22]

Employment and financial interest restrictions.

Except as permitted by Commission opinion, elected officials, appointed officials and employees shall not:

Be employed by a contractor or subcontractor of a business entity that is doing business with or is negotiating a contract with the County or is regulated by, in the case of an elected official or appointed official, the County, or, in the case of an employee, the agency with which the employee is affiliated; or

Engage in a financial, business or real estate transaction that is regulated by, in the case of an elected official or appointed official, the County, or, in the case of an employee, the agency with which the employee is affiliated; or

Hold any outside employment or business relationship that would impair their impartiality or independence of judgment.

Employees seeking outside employment shall, at the time of obtaining outside employment:

Follow the procedures established by the Director of Personnel to implement § 86-5-102J of the County Code covering work rules for obtaining supervisory approval of outside employment.

If such supervisor finds a conflict of interest, then the employee may not engage in the outside employment.

Applicants, on commencing employment with the County, must follow the same procedure if they intend to continue existing outside employment.

The provisions of Subsection B(1) do not apply automatically to:

An elected official, appointed official or employee appointed to a regulatory or licensing authority pursuant to a statutory requirement that entities subject to the jurisdiction of the authority be represented in appointments to it; or

Any appointed official in regard to a financial interest or employment held at the time of appointment, provided that it is publicly disclosed to and approved by the appointing authority and the Commission; or

An elected official, appointed official or employee exercising an administrative or ministerial duty that does not affect the disposition or decision with respect to the matter, any matter, in which any of his or her qualified relatives is a party.

Post-employment limitations and restrictions.

An elected official, appointed official, department head, deputy department head or equivalent, as those positions may be defined or classified in Chapter 86 of the Public Local Laws of Calvert County, Maryland, may not act as a compensated representative of another in connection with a matter involving the County for one year after departing office or employment.

Until one year 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.

Following separation or departing office, voluntarily or otherwise, an elected official, appointed official or employee may not assist or represent another party for compensation in connection with any proceeding, application, case, contract or other specific matter involving the County or any agency thereof if that matter is one in which the former elected official, appointed official or employee significantly participated as an elected official, appointed official or employee through decision, approval or recommendation.

Contingent compensation. An elected official, appointed official or employee shall not represent or assist any party, for a contingent fee, before any County body.

Use of prestige of office. An elected official, appointed official or employee shall not use the prestige of his/her office or public position for his/her own private gain or that of another.

Disclosure of confidential information. Other than in the discharge of official duties, an elected official, appointed official or employee, or former employee or official, shall not use or disclose confidential information acquired in his/her official County position or former public position for his/her own private gain or that of another. This prohibition shall survive separation or departing office, voluntarily or otherwise.

[Amended 9-20-2022 by Ord. No. 39-22]

Participation in procurement.

An individual or a person that employs an individual who assists a County agency or unit in the drafting of specifications, as invitation for bids, or a request for proposals for a procurement agency 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.

Upon application for an exception or by regulation adopted by the Commission, 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.

Potential conflicts of interest.

A potential conflict of interest shall exist if an elected official, appointed official, candidate or employee anticipates taking action or participates in any matter except in the exercise of ministerial duty which does not affect the disposition or decision of that matter, wherein the official's, candidate's or employee's conduct is or may be prohibited under this § 41-13.

Where a potential conflict of interest may exist, the elected official, appointed official, candidate or employee involved shall request in writing an advisory opinion from the Ethics Commission at least 20 days prior to the taking of said anticipated action or at the time when said elected official, appointed official, candidate or employee first obtains knowledge of said potential conflict, whichever shall first occur. To comply with the provisions of this Subsection H, the written request must provide all pertinent information for the Ethics Commission to provide an informed opinion.

Apparent conflicts of interest.

[Added 11-25-2014 by Ord. No. 45-14]

An apparent conflict of interest or code violation, usually by improper influence or financial interests, should be referred to the Commission for an opinion.

An apparent conflict of interest is not a violation of the Ethics Code but should be avoided when possible.

An official or employee may not retaliate against an individual for reporting or participating in an investigation of a potential violation of this Chapter 41.

[Added 9-20-2022 by Ord. No. 39-22]

§ 41-14 Solicitation or acceptance of gifts.

An elected official, appointed official or employee shall not:

Solicit any gift;

Directly solicit or facilitate the solicitation of a gift, on behalf of another person, from a lobbyist;

Knowingly accept a gift, directly or indirectly, from any person that the elected official, appointed official or employee knows or has reason to know:

Is doing business or seeking to do business with the County;

Has a financial interest that may be affected substantially and materially, in a manner distinguishable from the public generally, by the performance or nonperformance of the elected official's, appointed official's or employee's duties;

Is engaged in an activity regulated or controlled by the County; or

Is a lobbyist with respect to matters within the jurisdiction of the elected official, appointed official or employee.

Is an association, or any entity acting on behalf of an association, that is engaged only in representing counties or municipal corporations.

[Added 9-20-2022 by Ord. No. 39-22]

Unless: (1) a gift of any of the following would tend to impair the impartiality and the independence of judgment of the elected official, appointed official or employee receiving it, or give that appearance; or (2) as to a gift of significant value, the gift would give the appearance of impairing the impartiality and independent judgment of the elected official, appointed official or employee; or (3) the elected official, appointed official or employee believes or has reason to believe that a gift of significant value is designed to impair the impartiality and independent judgment of the elected official, appointed official or employee, § 41-14A does not apply to:

Infrequent meals and beverages of nominal value ($20 or less) consumed in the presence of the donor;

Ceremonial gifts or awards which have insignificant monetary value;

Unsolicited gifts of nominal value or trivial items of informational value;

Reasonable expenses for food, travel, lodging and scheduled entertainment of the elected official, appointed official or employee for a meeting which is given in return for participation in a panel or speaking engagement at the meeting;

Gift of tickets for free admission extended to an elected official from the person sponsoring or conducting the event to attend charitable, cultural or political events if the purpose of the gift or admission is to enhance and promote the County as a courtesy or ceremony extended to the office (such gifts shall nonetheless be reported as required by Subsection C below);

(6)

A specific gift or class of gifts which the Commission exempts from this section after finding in writing that accepting the gift or class of gifts is not detrimental to the impartial conduct of the business of a County agency and the gift is purely personal and private in nature;

(7)

Gifts to the elected official, appointed official or employee from an immediate family member or relation by marriage; or

(8)

Honoraria, provided that the honorarium is limited to reasonable expenses for the elected official's, appointed official's or employee's meals, travel and lodging, and reasonable and verifiable expenses for care of a child or dependent adult, that are actually incurred. The honorarium may not be accepted if:

The payer of the honorarium has an interest that may be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of the elected official's, appointed official's or employee's official duties; or

The offering of the honorarium is related in any way to the elected official's, appointed official's or employee's official position.

If gifts of over $20 in value are received, all elected officials, appointed officials or employees must file a statement on an annual basis in the financial disclosure report with the Commission disclosing those gifts received from any person or entity. This statement must identify the donor of the gift and its approximate retail value at the time of receipt.

§ 41-15 Financial disclosure.

Elected officials and candidates. This section applies to all elected officials and candidates.

Filing requirements.

Except as provided in Subsection A(2) of this § 41-15, all elected officials and candidates shall file the financial disclosure statement required under this section:

With the Commission;

On a form provided by the Commission;

Under oath or affirmation;

Covering the calendar year immediately preceding the year of filing;

By the deadline set forth in § 41-15A(1)(b); and

Containing the information required by this section.

Deadlines for filing statements.

An elected official shall file a financial disclosure statement annually no later than March 31 of each year for the preceding calendar year.

An individual who is appointed to fill a vacancy 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.

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 covering any period or periods for which the official has not filed such a statement, including all required information up to the date of departure.

When any deadline for filing in this section falls on a Saturday, Sunday or legal holiday, the filing date shall be extended to the next calendar day not a Saturday, Sunday or legal holiday set forth in Chapter 86 of the Code of Public Local Laws of Calvert County, Maryland.

The statement shall cover:

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

The portion of the current calendar year during which the individual held the office.

An individual who is required to disclose the name of a business under this § 41-15 shall disclose any other names that the business is trading as or doing business as.

[Added 9-20-2022 by Ord. No. 39-22]

Candidates.

Except for an individual who has filed a financial disclosure statement under another provision of this section for the reporting period, a candidate shall file under a financial disclosure statement each year beginning with the year in which the certificate of candidacy is filed through the year of the election.

A candidate shall file a statement required under this section:

In the year the certificate of candidacy is filed, no later than the filing of the certificate of candidacy;

In the year of the election, on or before the earlier of March 31 or the last day for the withdrawal of candidacy; and

In all other years for which a statement is required, on or before March 31.

A candidate:

May file the statement required under § 41-15A(2)(b)[1] of this chapter with the County Clerk or County Election Board with the certificate of candidacy or with the Commission prior to filing the certificate of candidacy; and

Shall file the statements required under § 41-15A(2)(b)[2] and [3] with the Commission.

If a statement required by a candidate is overdue and not filed within eight days after written notice of the failure to file is provided by the County Clerk or Board of Elections Supervisor, the candidate is deemed to have withdrawn the candidacy.

[Amended 9-20-2022 by Ord. No. 39-22]

The County Clerk or County Election Board 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 County Clerk or County Election Board shall forward the statement to the Commission or the office designated by the Commission.

Contents of statement.

Interests in real property.

The statement shall include a schedule of each interest in real property wherever located, including each interest held in the name of a business entity.

For each interest in real property, the schedule shall include:

The nature of the property and the location by street address, mailing address, or legal description of the property;

The nature and extent of the interest in the property, including any conditions and encumbrances on the interest;

The date when, the manner in which, and the identity of the person from whom the interest was acquired;

If the interest was acquired by purchase, the nature and amount of the consideration given in exchange for the interest;

[e]

If the interest was acquired in any other manner, the fair market value of the interest at the time acquired;

[f]

If any interest was transferred, in whole or in part, at any time during the applicable 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

[g]

The identity of any other person or entity with an interest in the property.

Interests in corporations and partnerships.

A statement filed under this section shall include a schedule of all interests in any business entity regardless of whether the business entity does business with the County.

For each interest reported under this subsection, the schedule shall include:

The name and address of the principal office of the business entity;

The nature and amount of the interest held, including any conditions and encumbrances on the interest;

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 or business entity to whom the interest was transferred; and

With respect to any interest acquired during the reporting period:

[e]

The date when, the manner in which, and the identity of the person or business entity from whom the interest was acquired; and

[f]

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.

As to an equity interest in a corporation, an individual may satisfy the requirement to report the amount of the interest held under Subsection A(3)(b)[2] of this section by reporting instead of a dollar amount:

The number of shares held; and

Unless the corporation's stock is publicly traded, the percentage of equity interest held; or

For an equity interest in a business entity, the percentage of equity interest held.

Interests in business entities doing business with the County.

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 A(3)(b).

For each interest reported under this subsection, the schedule shall include:

The name and address of the principal office of the business entity;

The nature and amount of the interest held, including any conditions to and encumbrances on the interest;

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 or fair market value of the consideration received in exchange for the interest, and, if known, the identity of the person or business entity to whom the interest was transferred; and

With respect to any interest acquired during the reporting period:

[i]

The date when, the manner in which, and the identity of the person or business entity from whom the interest was acquired; and

[ii]

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.

Gifts.

A statement filed under this section shall include a schedule of each gift in excess of $20 in value or a series of gifts with a cumulative value of $100 or more received during the reporting period from or on behalf of, directly or indirectly, any one person or business entity who does business with or is regulated by or 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 9-20-2022 by Ord. No. 39-22]

For each gift reported, the schedule shall include:

A description of the nature and value of the gift; and

The identity of the person or business entity from whom, or on behalf of whom, directly or indirectly, the gift was received.

This subsection does not authorize any gift not otherwise allowed by law.

Employment with or interests in entities doing business with County.

A statement filed under this section shall include a schedule of all offices, directorships, and salaried employment by the individual or immediate family member of the individual held at any time during the reporting period with business entities doing business with the County.

For each position reported under this subsection, the schedule shall include:

The name and address of the principal office of the business entity;

The title and nature of the office, directorship, or salaried employment held and the date it commenced;

The name of each County agency with which the business entity is involved; and

The nature of the business with the County.

(f)

Indebtedness to entities doing business with the County.

A statement filed under this section shall include a schedule of all liabilities, excluding retail credit accounts, to persons and business entities doing business with the County owed at any time during the reporting period:

By the individual; or

By an immediate family member of the individual if the individual was involved in the transaction giving rise to the liability.

For each liability reported under this subsection, the schedule shall include:

The identity of the person or business entity to whom the liability was owed and the date the liability was incurred;

The amount of the liability owed as of the end of the reporting period;

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

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. Except that the statement need not include a listing of a minor child's employment or business entities of which the child is sole or partial owner, unless the place of employment or the business entity is subject to the regulation or authority of the agency that employs the individual, each statement filed under this section shall include a schedule listing the name and address of each:

Place of salaried employment, including secondary employment, of the individual and the immediate family members of the individual at any time during the applicable period;

Each business entity of which the individual or an immediate family member of the individual was a sole or partial owner and from which the individual or immediate family member of the individual received earned income, at any time during the reporting period.

An individual shall disclose the information specified in the General Provisions Article of the Annotated Code of Maryland, § 5-607(j)(1), for any financial or contractual relationship with:

[Added 9-20-2022 by Ord. No. 39-22]

The University of Maryland Medical System;

A governmental entity of the state or a local government in the state; or

A quasi-governmental entity of the state or local government of the state.

For each financial or contractual relationship reported, the schedule shall include:

[Added 9-20-2022 by Ord. No. 39-22]

A description of the relationship;

The subject matter of the relationship; or

The consideration.

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 9-20-2022 by Ord. No. 39-22]

(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 § 41-15A(3)(a) through (c) of this chapter, the following interests are considered to be the interests of the individual making the statement:

An interest held by an immediate family member of the individual, if the interest was, at any time during the reporting period, directly or indirectly controlled by the individual.

An interest held, at any time during the applicable period, by:

[Amended 9-20-2022 by Ord. No. 39-22]

A business entity in which the individual held a 10% or greater interest;

A business entity described in Subsection A(4)(b)[1] of this section in which the business entity held a 25% or greater interest;

A business entity described in Subsection A(4)(b)[2] of this section in which the business entity held a 50% or greater interest; and

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.

An interest held by a trust or an estate in which, at any time during the reporting period:

The individual held a reversionary interest or was a beneficiary; or

If a revocable trust, the individual was a settlor.

Employees and appointed officials.

Filing requirements.

Except as provided at § 41-15C(1) below, employees and appointed officials identified in § 41-5 shall file the financial disclosure statements required under this section:

With the Commission;

On a form provided by the Commission;

Under oath or affirmation;

Covering the calendar year immediately preceding the year of filing;

By the deadline set forth in § 41-15A(1)(b); and

Containing the information required by this § 41-15B.

If the official title of any of the agencies, boards, commissions or individuals covered by this § 41-15B is changed, those persons fulfilling the same function shall be required to file financial disclosure statements as provided in this section.

Deadlines for filing.

An incumbent employee or appointed official shall file a financial disclosure statement annually no later than March 31 of each year for the preceding calendar year.

An individual who is appointed to fill a vacancy in an office or position 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 or commencement of employment.

An individual who, other than by reason of death, leaves an office for which a statement is required or is separated from employment shall file a statement within 60 days after leaving the office, covering any period or periods for which the employee or appointed official has not filed such a statement, including all required information up to the date of departure.

An employee or appointed official covered by this chapter who leaves position or office for another County position or office similarly regulated by this chapter shall not be required to file a financial disclosure statement if the employee or appointed official has filed the currently required statement in the former position or office.

When any deadline for filing in this section falls on a Saturday, Sunday or legal holiday, the filing date shall be extended to the next business day not being a Saturday, Sunday or legal holiday set forth in Chapter 86 of the Code of Public Local Laws of Calvert County, Maryland.

Contents of statement.

The statement shall include personal information such as:

Name;

Residence;

Position with the County or County agency, board or commission;

Relationship to other employees, appointed officials and elected officials;

Secondary employment;

Annual gift disclosure;

[7]

Business interests;

[8]

Interests in corporations or partnerships, any office, directorship or similar interest for the filer or an immediate family member of the filer;

[9]

Real estate investments and transfers (wherever located);

[10]

Fees received from third parties; and

[11]

Any interest or situations that might raise a conflict of interest, the appearance of a conflict of an interest or the potential for either.

Appointed officials shall be required to disclose information specified in Subsection B(3)(a) above only with respect to those interests, gifts, compensated positions and liabilities that may present a conflict as provided by §§ 41-13 and 41-14 of this chapter.

The Commission may revise the disclosure statement as necessary to require additional, less or different information.

Exemptions from financial disclosure requirements.

The Commission may exempt employees and appointed officials or categories of employees and appointed officials from the financial disclosure requirement, unless the Commission determines that the employee or appointed official meets the following applicable criteria:

Is an elected County official or a candidate for elected office;

Is the principal executive directing a County department or division; or

Performs any of the following duties:

The individual employee or appointed official, acting alone or as a member of a County department or division, has discretionary or decisionmaking authority or acts as a principal advisor to one with authority in making County policy or in exercising quasi-judicial, regulatory, licensing, inspecting or auditing functions and the individual employee's or appointed official's duties are not essentially administrative and ministerial; or

Contractual employees who are employed full time for at least six months and who are identified as having decisionmaking authority, acting as a principal advisor to a decisionmaking authority, or the exercise of quasi-judicial, regulatory, licensing, inspecting or auditing functions is included; or

The individual employee or appointed official is charged with decisionmaking authority or acts as a principal advisor to one with such authority in drafting specifications for negotiating or executing contracts which commit the County or any of its departments, divisions or other units to expend in excess of $1,000 for an individual contract. The $1,000 per contract criterion also applies to corporate credit card purchases;

The individual employee's or appointed official's position, due to its responsibilities, nature, expertise or placement in the County, involves some continuing likelihood of directly influencing or otherwise directly affecting the formation or execution of one or more agency contracts, purchases or sales reasonably expected to have an annual dollar value in excess of $1,000;

The individual employee's or appointed official's responsibilities include the direct procurement of goods, services, real estate or other items, other than routine supplies and materials which are not reasonably expected to have an annual dollar value in excess of $500. Direct procurement includes, but is not limited to, placing an order with a vendor, approval of bills or invoices, signing of sales agreements, or selection of vendors;

Is the member of a board, commission or committee that exercises governing, regulatory, granting or other decision-making authority; or

Is the member of a board, commission or committee that has a policy or policy advising role.

Exemption from financial disclosure reporting does not exempt an employee or appointed official from the conflict of interest requirements and gift restrictions of the Ethics Code. In addition, an exempted employee or appointed official 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; and

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 appointed official sufficiently in advance of the action to provide adequate disclosure to the public.

Failure to file disclosure forms.

If an elected official, appointed official or employee fails to file the disclosure forms by the prescribed deadline, written notice shall be sent by the Commission to the individual giving 15 days to comply and advising that penalties will apply for failure to file.

After the fifteen-day deadline passes without compliance, persons receiving a salary or stipend shall be subject to a fine of $5 a day up to a maximum of $250. Payment of fines in full shall accompany submission of late filings. Failure to submit the form or pay the fines shall result in:

A letter of reprimand and deduction of the fines due from the person's salary or stipend; and

If appropriate, enforcement action under § 41-22 of this chapter.

After the fifteen-day deadline passes without compliance, nonsalaried persons serving on boards, committees, agencies, or commissions shall result in:

Temporary suspension from participating in their appointed duties until the failure to file is cured; and

If appropriate, enforcement action under § 41-22 of this chapter.

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.

The Ethics Commission may take appropriate enforcement action to ensure compliance with this section.

Public record.

The Commission or office designated by the Commission shall maintain all financial disclosure statements filed under this section.

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 that may hereinafter be established by the Commission.

If an individual examines or copies a financial disclosure statement, the Commission or the office designated by the Commission shall verify and record:

The name and home address of the individual reviewing or copying the statement; and

The name of the person whose financial disclosure statement was examined or copied.

Upon request by the elected official, appointed 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 or copied the employee's financial disclosure statement.

The Commission, or office designated by the Commission, shall not provide public access to information related to consideration received from:

[Added 9-20-2022 by Ord. No. 39-22]

The University of Maryland Medical System;

A governmental entity of the state or local government in the state; or

A quasi-governmental entity of the state or local government in the state.

(6)

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 9-20-2022 by Ord. No. 39-22]

Retention requirements. The Commission or the office designated by the Commission shall retain financial disclosure statements for four years from the date of receipt.

Upon filing a financial disclosure form, the filer expressly consents to the disclosure of any action taken by an appointing authority against the filer based upon the recommendation of the Ethic Commission set forth at § 41-22C, below.

[Added 9-26-2017 by Ord. No. 42-17]

§ 41-16 Lobbying disclosure.

Registration.

Except as provided in Subsection D of this section, any person who engages in lobbying before elected officials, appointed officials or employees shall file a registration as a lobbyist with the Commission on or before the beginning of the calendar year in which a person expects to lobby or within five days after engaging in lobbying activities, if this person, during the calendar year, either:

Spends or intends to spend $100 or more on food, entertainment, services, or gifts for elected officials, appointed officials or employees or their spouses or dependent children during a calendar year; or

Is compensated $500 or more in a calendar year for lobbying; or

Cumulatively spends $500 or more in a calendar year to compensate another person or persons for lobbying to influence an elected official, appointed official or employee in the performance of his or her official duties; or

Cumulatively spends at least $2,000 or more in a calendar year for salaries, contractual employees, postage, telecommunications services, electronic services (including the creation and/or maintenance of an internet website), advertising, printing, and delivery services for the express purpose of soliciting others to communicate with an elected official, appointed official or employee to influence that person in performance of his or her official duties.

A person who engages in lobbying on behalf of more than one person or business entity shall file a separate registration for each such person or business entity.

A person who engages in lobbying may terminate his or her registration by written notice to the Commission. Any reports outstanding under this section must be submitted with this notification. Termination shall be effective 30 days after receipt by the Commission of a properly filed notice.

Registration content. A registration statement shall include:

A complete identification of the lobbyist;

A complete identification of any other person or entity on whose behalf the lobbyist acts; and

The subject matters on which the lobbyist proposes to lobby.

The registration period may not exceed one year and must end by December 31.

Lobbying reports.

Each lobbyist shall file with the Commission a statement of recusal each time they are disqualified from voting on a matter as a member of a County board or commission; and one report covering the period beginning January 1 through June 30, to be filed by July 31, and one report covering the period beginning July 1 through December 31, to be filed by January 31. If the lobbyist is not an individual, an authorized officer or agent of the entity shall sign the form. A separate activity report shall be filed for each person on whose behalf the lobbyist acts.

[Amended 9-20-2022 by Ord. No. 39-22]

The report shall disclose:

The value, date and nature of any food, entertainment, or other gift provided any elected official, appointed official and employee or immediate family members of any elected official, appointed official and employee;

The identification of the elected official, appointed official and employee receiving one or more gifts with an aggregate value of $20 or more;

The amount and source of all compensation paid to the lobbyist for or in connection with all lobbying activities; and

A breakdown of expenditures on the activities described in § 41-16A.

If any report filed under this subsection contains the name of an elected official, appointed official or employee or his or her immediate family member as required under this subsection thereof, the Commission shall notify the elected official, appointed official or employee within 30 days. Following notification of the inclusion of his or her name in a report filed by a lobbyist, an elected official, appointed official or employee shall have 30 days to file a written exception to the inclusion of his or her name or that of an immediate family member.

The Commission may require submission of such other reports or additional information as it deems necessary to serve the purpose of this chapter.

All registrations and reports filed pursuant to this section shall be maintained by the Commission, or an office designated by it, and shall be made available during normal office hours for examination and copying by the public, subject, however, to such reasonable fees and administrative procedures as may be established by the Board of County Commissioners or by the Commission. The forms shall be retained for four years from the date of receipt.

Lobbying prohibition. No person may engage in lobbying activities on behalf of another person for compensation, the payment of which is contingent upon the passage or defeat of any action by the Board of County Commissioners.

Exemptions. The provisions of this § 41-16 do not apply to the following acts:

Professional services in drafting bills or in advising and rendering opinions to clients as to the construction and effect of proposed or pending Board of County Commissioners actions when these services do not otherwise constitute lobbying activities;

Appearances before the Board of County Commissioners upon its specific invitation or request, but only if the person engages in no other activities in connection with the passage or defeat of Board of County Commissioners actions;

Appearances as part of the official duties of a duly elected or appointed official or employee of the state, a political subdivision of the state or of the United States and not on behalf of any other entity;

Actions of a publisher or working member of the news media in the ordinary course of the business of disseminating news or making editorial comment to the general public who does not, however, engage in further or other lobbying that would directly and specifically benefit the economic, business or professional interests of himself or herself or his or her employer;