[Adopted 11-5-2013 by Ord. No. 2013-06[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 86,
Code of Ethics, adopted 11-17-2003 by Ord. No. 2003-1 (Ch. 19 of the
1986 Code), as amended.
This chapter shall be known and may be cited as the "Town of
Brentwood Code of Ethics."
The provisions of this chapter apply to all Town of Brentwood elected officials, candidates for public office (with the exception of § 86-6, Conflicts of Interest), employees, and appointees to boards and commissions of the Town of Brentwood.
A.
The Town of Brentwood, recognizing that our system of representative
government is dependent in part upon the people maintaining the highest
trust in their public officials and employees, finds and declares
that the people have a right to be assured that the impartiality and
independent judgment of public officials and employees will be maintained.
B.
It is evident that this confidence and trust is eroded when the conduct
of the Town of Brentwood's business is subject to improper influence
and even the appearance of improper influence.
C.
For the purpose of guarding against improper influence, the Town
of Brentwood Mayor and Council enacts this Code of Ethics to require
Town of Brentwood elected officials, candidates for public office,
employees, boards and commissions to disclose their financial affairs
and to set minimum standards for the conduct of local government business.
D.
It is the intention of the Mayor and Council that this chapter, except
its provisions for criminal sanctions, be liberally construed to accomplish
this purpose.
In this chapter, the following terms shall have the meanings
indicated:
A member of any board, commission, or committee or authority
of the Town of Brentwood, whether salaried or not, who is appointed
to such position by the Mayor and Council.
A corporation, general or limited partnership, sole proprietorship,
joint venture, unincorporated association or firm, institution, trust,
foundation, or other organization, whether or not operated for profit.
Business entity does not include a governmental entity.
Any natural child, adopted child, stepchild, foster child,
or grandchild of whatever age.
The Town of Brentwood Ethics Commission established under § 86-5A of this chapter.
Any money or thing of value, regardless of form, received or to be received by any individual covered by this chapter from an employer for service rendered. For the purposes of § 86-9 of this chapter, if lobbying is only a portion of a person's employment, "compensation" means a prorated amount based on the time devoted to lobbying compared to the time devoted to other employment duties.
A person who files a written complaint with the Ethics Commission
alleging a violation of any of the provisions of this chapter.
Having or negotiating a contract that involves the commitment,
either in a single or combination of transactions, of $5,000 or more
of Town-controlled funds;
Being regulated by or otherwise subject to the authority of
the Town; or
Being registered as a lobbyist under § 86-9 of this chapter.
Any individual who holds an elective office of the Town of
Brentwood.
An individual who is employed by the Town. Employee does
not include an elected official.
Anyone who is related to an individual by blood, marriage,
adoption or is a member of an individual's household. Family
members include but are not limited to an individual's spouse,
domestic partner, parent, sibling, child, cousin, mother-in-law, father-in-law,
grandparent, grandchild, or anyone who is a member of the individual's
household.
Ownership of any interest as the result of which the owner has
received, within the past three years, or is presently receiving,
or in the future is entitled to receive, more than $1,000 per year;
or
Ownership, or the ownership of securities of any kind representing
or convertible into ownership, of more than 3% of a business entity
by a Town official or employee, or the spouse of an official or employee.
The transfer of anything of economic value, regardless of
the form, without adequate and lawful consideration. Gift does not
include a political campaign contribution regulated under Election
Law Article, Annotated Code of Maryland, or any other provision of
state or local law regulating the conduct of elections or the receipt
of political campaign contributions.
A legal or equitable economic interest, whether or not subject
to an encumbrance or a condition, that is owned or held, in whole
or in part, jointly or severally, directly or indirectly. For purposes
of the financial disclosure provisions of this chapter, interest includes
any interest held at any time during the reporting period. Interest
does not include:
An interest held in the capacity of a personal agent, custodian,
fiduciary, personal representative, or trustee, unless the holder
has an equitable interest in the subject matter;
An interest in a time or demand deposit in a financial institution;
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;
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
A college savings plan under the Internal Revenue Code.
Communicating in the presence of a Town official or employee
with the intent to influence any official action of that official
or employee; or
Engaging in activities with the express purpose of soliciting
others to communicate with a Town official or employee with the intent
to influence that official or employee.
A person required to register and report expenses related to lobbying under § 86-9 of this chapter.
An elected official, an employee of the Town or a person
appointed to or employed by the Town or any Town agency, board, commission,
or similar entity:
Includes an individual or business entity.
A person named in a written complaint filed with or initiated
by the Ethics Commission alleging a violation by such person of any
of the provisions of this chapter.
The Town Attorney of Brentwood, or alternatively designated
attorney empowered to represent the Town.
A.
There shall be a Town of Brentwood Ethics Commission that consists
of three members and may include an alternate appointed by the Mayor
and Council by resolution effective immediately upon reading and passage.
C.
The Town Attorney shall assist and advise the Commission in carrying out the Commission's duties. If a conflict of interest under § 86-6 of this chapter or other conflict prohibits the Town Attorney from assisting the Commission in a matter, the Town shall provide sufficient funds for the Commission to hire independent counsel for the duration of the conflict.
D.
The Commission is the advisory body responsible for interpreting
this chapter and advising persons subject to this chapter regarding
its application.
E.
The Commission shall hear and decide, with the advice of the Town
Attorney, or other legal counsel if appropriate, all complaints filed
regarding alleged violations of this chapter by any complainant.
F.
The Commission or an office designated by the Commission shall retain
as a public record all forms submitted by any complainant under this
chapter for at least four years after receipt by the Commission.
G.
The Commission shall certify to the State Ethics Commission on or
before October 1 of each year that the Town is in compliance with
the requirements of State Government Article, Title 15, Subtitle 8,
Annotated Code of Maryland, for elected officials.
H.
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
complainant alleging violations of this chapter;
(4)
Conduct public information and education programs regarding the purposes,
implementation and application of this chapter; and
(5)
Issue subpoenas, administer oaths and compel attendance of witnesses
and production of documents at its proceedings.
J.
Any person subject to this chapter may request an advisory opinion
from the Commission concerning the application of this chapter.
(1)
The Commission shall respond promptly to a request for an advisory
opinion and shall provide interpretations of this chapter based on
the facts provided or reasonably available to the Commission within
60 days of the request.
(2)
In accordance with all applicable state, county and Town laws regarding
public records, the Commission shall publish or otherwise make available
to the public copies of the advisory opinions, with the identities
of the subjects deleted.
K.
The Commission may adopt other policies and procedures to assist
in the implementation of the Commission's programs established
in this chapter.
L.
Any person may file a complaint with the Commission alleging a violation
of any of the provisions of this chapter.
(1)
A complaint shall be in writing and under oath.
(2)
The complaint shall set forth in sufficient detail the facts supporting
the violation and the exact nature of the violation.
(3)
The Commission may refer a complaint to the Town Attorney, or other
legal counsel if appropriate, for investigation and review.
(4)
The Commission may dismiss a complaint if, after receiving an investigative
report, the Commission determines that there are insufficient facts
upon which to base a determination of a violation or if the Commission
determines that the complaint is not valid or justified.
(5)
If there is a reasonable basis for believing a violation has occurred,
the respondent shall be given an opportunity to respond in writing,
under oath, or for a hearing conducted in accordance with the applicable
Town rules of procedure established by the Commission. The hearing
shall not be open to the public unless otherwise agreed by all interested
parties. The Commission may request the appearance of witnesses and
issue subpoenas for such purpose.
(6)
The Commission shall issue a written decision based upon the complaint
and response and the evidence produced at the hearing. A final determination
of a violation resulting from the hearing shall include findings of
fact and conclusions of law.
(7)
The Commission, when appropriate shall also issue a decision that
no violation exists.
(8)
Upon finding of a violation, the Commission may take any enforcement action provided for in § 86-11 of this chapter.
(9)
The Commission may adopt additional policies and procedures related
to complaints, complaint hearings, the use of independent investigators
and staff, the use of witness and document subpoenas, and cure and
settlement agreements.
A.
All Town elected officials, officials appointed to Town boards and
commissions subject to this chapter, and employees are subject to
this section.
B.
Participation prohibitions. Except as permitted by Commission regulation
or opinion, an official or employee shall 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 family member 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 family
member 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 family member 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 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 family member;
(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 family member 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 family member
of the official or employee.
C.
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:
(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
by and in accordance with regulations adopted by the Commission; or
(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.
D.
Post-employment limitations and restrictions.
(1)
A former official or employee may not assist, benefit financially
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)
Until the conclusion of one year after the elected official leaves
office, a former member of the Town Council may not assist, benefit
financially or represent another party for compensation in a matter
that is the subject of legislative action.
E.
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.
F.
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.
(2)
This subsection does not prohibit the performance of usual and customary
constituent services by an elected official without additional compensation.
G.
Solicitation and acceptance of gifts.
(1)
An official or employee may not solicit any gift.
(2)
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.
(3)
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:
(a)
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;
(b)
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;
(c)
Is engaged in an activity regulated or controlled by the official's
or employee's governmental unit; or
(d)
Is a lobbyist with respect to matters within the jurisdiction
of the official or employee.
(4)
Subsection G(5) of this section does not apply to a gift:
(a)
That would tend to impair the impartiality and the independence
of judgment of the official or employee receiving the gift;
(b)
Of significant value that would give the appearance of impairing
the impartiality and independence of judgment of the official or employee;
or
(c)
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.
(5)
Notwithstanding Subsection G(3) of this section, an official or employee may accept the following:
(a)
Meals and beverages consumed in the presence of the donor or
sponsoring entity;
(b)
Ceremonial gifts or awards that have insignificant monetary
value;
(c)
Unsolicited gifts of nominal value that do not exceed $20 in
cost or trivial items of informational value;
(d)
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;
(e)
Gifts of tickets or free admission extended to an elected local
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;
(f)
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;
(g)
Gifts from a family member to the official or employee, or any
other individual who is a member of the household of the official
or employee; or
(h)
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.
H.
Disclosure of confidential information. 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.
(1)
Participation in procurement.
(a)
An individual or a person that employs an individual who assists
a Town 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.
A.
This section applies to all elected officials and candidates to be elected officials. Except as provided in Subsection C of this section, an elected official or a candidate to be an elected official shall file the financial disclosure statement required under this section:
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. The statement shall cover:
C.
Candidates to be elected officials.
(1)
Except for an official who has filed a financial disclosure statement
with the Town Clerk or Board of Election Supervisors under another
provision of this section for the reporting period, a candidate to
be an elected local official shall file with the Town Clerk or the
Board of Election Supervisors 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)
A candidate to be an elected official shall file a financial disclosure
statement required under this section with the Town Clerk or Board
of Election Supervisors at the time the petition required under Chapter
5 of the Charter is filed.
(3)
The Town Clerk or Board of Election Supervisors shall not accept
any petition unless a financial disclosure statement has been filed
in proper form.
(4)
Within 15 days of certification of candidates to be an elected official,
the Town Clerk or Board of Election Supervisors shall forward the
financial disclosure statement required under this section 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:
(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.
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 and address of the principal office of the corporation,
partnership, limited liability partnership, or limited liability corporation;
[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:
(c)
An individual may satisfy the requirement to report the amount of the interest held under Subsection F(2)(b)[2] of this section by reporting, instead of a dollar amount:
(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 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 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 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 Town.
(5)
Employment with or interests in entities doing business with Town.
(a)
A statement filed under this section shall include a schedule
of all offices, directorships, and salaried employment by the individual
or family member 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:
(6)
Indebtedness to entities doing business with 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:
(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 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 family member was a sole or partial
owner and from which the individual or family member 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.
(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.
G.
For the purposes of § 86-7F(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 family member, 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 thirty-percent or greater interest at any time during the reporting
period.
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. The Town Ethics Commission may take appropriate enforcement
action to ensure compliance with this section.
A.
This section only applies to the following appointed officials and
employees:
(1)
Town Administrator/Manager.
(2)
Town Attorney(s).
(3)
Town Treasurer.
(4)
Chief of Police.
(5)
All department heads.
(6)
Police officers.
(7)
Town Clerk.
(8)
Assistant to the Police Chief.
(9)
All other officials and employees who have decision-making and policy
responsibilities or have the authority to commit the Town to the expenditure
of public funds.
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.
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 a given calendar year in excess of $100 on food,
entertainment, or other gifts for officials or employees of the Town.
B.
A person shall file a registration statement required under this
section on or before January 15 of the calendar year or within five
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:
F.
The Commission shall provide forms for use in the filing of the registration
statements and reports required by this chapter to the persons required
to file such statement and reports.
The Commission may grant exemptions and modifications to the financial disclosure provisions of §§ 86-7 and 86-8 of this chapter to employees and to appointed members of Town boards and commissions, when the Commission finds that an exemption or modification would not be contrary to the purposes of this chapter, and the application of this chapter would:
A.
B.
Upon a finding of a violation of any provision of this chapter, the
Commission may:
(1)
Issue an order of compliance directing the respondent to cease and
desist from the violation;
(2)
Issue a reprimand; or
(3)
Recommend to the appropriate authority other appropriate discipline
of the respondent, including censure, initiate impeachment proceedings
in accordance with Section 313.0 or require the forfeiture of office
in accordance with Section 312.0 of the Charter of the Town of Brentwood.
C.
If the Commission finds that a respondent has violated § 86-9 of this chapter, the Commission may:
D.
Upon request of the Commission, the Town Attorney may file a petition
for injunctive or other relief in the Circuit Court of Prince George's
County, or in any other court having proper venue for the purpose
of requiring compliance with the provisions of this chapter.
(1)
The court may:
(a)
Issue an order to cease and desist from the violation;
(b)
Except as provided in Subsection D(2) of this section, 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
(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.
(2)
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.
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 Town 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 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.
