City of College Park, MD Required Disclosures

An incumbent City elected official shall file an annual financial disclosure statement no later than April 30 of each year for the preceding calendar year.

(b)

An individual who applies to fill a vacancy in an office for which an annual financial disclosure statement is required and who has not already filed a financial disclosure statement for the reporting period shall file a statement for the preceding calendar year and the portion of the current calendar year to date of filing together with the application for appointment.

(c)

An elected official shall file a statement of actual or potential conflict of interest disclosing employment and interests that raise conflicts of interest or potential conflicts of interest in connection with a specific proposed action by the official sufficiently in advance of the action to provide adequate disclosure to the public.

Candidates to be City elected officials.

(1)

A candidate to be an elected City official shall file a financial disclosure statement with the City Clerk with the candidate's authorization of candidacy. The City Clerk shall forward the statement to the Board of Election Supervisors.

(a)

Except as provided in Subsection C(1)(b), the reporting period shall be the calendar year immediately preceding the year in which the authorization is filed and the portion of the current calendar year to the date the authorization is filed;

(b)

For elected officials that have filed a statement under another provision of this section for the preceding calendar year, the reporting period shall be the portion of the calendar year to the date the authorization is filed;

(2)

The Board of Election Supervisors may not accept an authorization of candidacy unless it is accompanied by the candidate's financial disclosure statement that includes all required identifying and contact information, is signed under oath, and includes answers to every mandatory question.

(3)

Upon receipt of a statement required under this section, the Board of Election Supervisors shall promptly forward the statement to the Commission or the office designated by the Commission, and shall do so no later than the close of business on the day of the filing deadline for the authorization of candidacy.

Public record.

(1)

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

(2)

Financial disclosure statements shall be made available during normal office hours for examination and copying by the public subject to reasonable fees and administrative procedures established by the Commission.

(3)

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

(a)

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

(b)

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

(4)

Upon request by the official, candidate or employee whose financial disclosure statement was examined or copied, the Commission or the office designated by the Commission shall provide the official with a copy of the name and home address of the person who reviewed the official's financial disclosure statement.

(5)

For statements filed after January 1, 2019, the Commission or the office designated by the Commission may not provide public access to an individual's home address that the individual has designated as the individual's home address.

[Added 12-13-2022 by Ord. No. 22-O-12]

(6)

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

[Added 12-13-2022 by Ord. No. 22-O-12]

(a)

The University of Maryland medical system;

(b)

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

(c)

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

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

Contents of statement.

(1)

Interests in real property.

(a)

A statement filed under this Subsection F(1) 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 Subsection F(2) 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 City.

(b)

For each interest reported under this Subsection F(2), 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:

[a]

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

[b]

The nature and the amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the interest at the time acquired.

(c)

An individual may satisfy the requirement to report the amount of the interest held under Subsection (F)(2) of this section by reporting, instead of a dollar amount:

[1]

For an equity interest in a corporation, the number of shares held and, unless the corporation's stock is publicly traded, the percentage of equity interest held; or

[2]

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

(3)

Interests in business entities doing business with City.

(a)

A statement filed under this Subsection F(3) shall include a schedule of all interests in any business entity that does business with the City, other than interests reported under Subsection F(2) of this section.

(b)

For each interest reported under this Subsection F(3)(a), 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:

[a]

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

[b]

The nature and the amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the interest at the time acquired.

(4)

Gifts.

(a)

A statement filed under this Subsection F(4) 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 City or from an association, or an entity acting on behalf of an association, that is engaged only in representing counties or municipal corporations.

[Amended 12-13-2022 by Ord. No. 22-O-12]

(b)

For each gift reported, the schedule shall include:

[1]

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

[2]

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

(5)

Employment with or interests in entities doing business with the City.

(a)

A statement filed under this Subsection F(5) 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 City.

(b)

For each position reported under this Subsection F(5)(a), the schedule shall include:

[1]

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

[2]

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

[3]

The name of each City agency with which the entity is involved.

(6)

Indebtedness to entities doing business with the City.

(a)

A statement filed under this Subsection F(6) shall include a schedule of all liabilities, excluding retail credit accounts, to persons doing business with the City owed at any time during the reporting period:

[1]

By the individual; or

[2]

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

(b)

For each liability reported under this Subsection F(6)(a), 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 Subsection F(7) shall include a schedule of the immediate family members of the individual employed by the City in any capacity at any time during the reporting period.

(8)

Sources of earned income.

(a)

A statement filed under this Subsection F(8) shall include a schedule of the name and address of each place of employment and of each business entity of which the individual or a member of the individual's immediate family was a sole or partial owner and from which the individual or member of the individual's immediate family received earned income, at any time during the reporting period.

(b)

A minor child's employment or business ownership need not be disclosed if the agency that employs the individual does not regulate, exercise authority over, or contract with the place of employment or business entity of the minor child.

(c)

If the individual's spouse is a lobbyist regulated by the City, the individual shall disclose the entity that has engaged the spouse for lobbying purposes.

[Added 9-11-2018 by Ord. No. 18-O-08]

(9)

A statement filed under this Subsection F(9) may also include a schedule of additional interests or information that the individual making the statement wishes to disclose.

(10)

Relationship with the University of Maryland medical system, state or local government, or quasi-governmental entity.

[Added 12-13-2022 by Ord. No. 22-O-12]

(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:

[1]

The University of Maryland medical system;

[2]

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

[3]

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

(b)

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

[1]

A description of the relationship;

[2]

The subject matter of the relationship; and

[3]

The consideration.

For the purposes of § 38-15F(1), (2) and (3) of this chapter, the following interests are considered to be the interests of the individual making the statement:

(1)

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

(2)

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

[Amended 8-10-2021 by Ord. No. 21-O-10; 12-13-2022 by Ord. No. 22-O-12]

(a)

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

(b)

A business entity described in Subsection G(2)(a) of this subsection in which the business entity held a 25% or greater interest;

(c)

A business entity described in Subsection G(2)(b) of this subsection 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.

(3)

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

(a)

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

(b)

If a revocable trust, the individual was a settlor.

Review of financial disclosure statements.

(1)

The Commission shall review the financial disclosure statements submitted under this section for compliance with the provisions of this section and shall promptly notify an individual submitting the statement of any omissions or deficiencies. In any event, the Commission shall review candidate financial disclosure statements within three business days of the filing deadline, or as soon thereafter as is practicable.

(2)

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

An individual who is required to disclose the name of a business under this section shall also disclose any other names under which the business is trading or doing business.

[Added 12-13-2022 by Ord. No. 22-O-12]

§ 38-16 Required disclosure by employees and appointed officials.

[Added 8-9-2011 by Ord. No. 11-O-10; amended 4-24-2012 by Ord. No. 12-O-03; 9-9-2014 by Ord. No. 14-O-09]

This section only applies to the following appointed officials and employees:

(1)

All appointed City officials.

The City Manager.

The City Attorney.

The City Clerk.

All City department heads.

(6)

Others as identified by the Commission.

A statement filed under this section shall be filed with the Commission under oath or affirmation.

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 City, including the name of the donor of the gift and the approximate retail value at the time of receipt.

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.

The Commission shall maintain all disclosure statements filed under this section as public records available for public inspection and copying as provided in § 38-15D and E of this chapter.

A newly appointed City official shall file a required disclosure form within 30 days of appointment. The reporting period for the statement is the calendar year immediately preceding the year in which the disclosure form is filed, and the portion of the current calendar year to the date the form is filed.

§ 38-17 Additional conflict of interest statements and correction of inaccurate or incomplete filings required.

[Amended 12-12-2006 by Ord. No. 06-O-09; 6-9-2009 by Ord. No. 09-O-03; 8-9-2011 by Ord. No. 11-O-10]

Supplemental disclosures regarding matters before City bodies. Any person identified in §§ 38-15 or 38-16 of this chapter who has a conflict of interest in any matter before a City body, the holding of which requires that the person be disqualified from participation in such matter pursuant to § 38-11 of this chapter, and which holding or conflict was not previously disclosed under this section, shall disclose such fact on the records of such City body and refrain from participating in any discussion or voting thereon.

City employees. A City employee shall notify in writing his or her supervisor of any interest he or she may have in a person, business entity or property, that would be affected by an exercise of discretionary authority by the City employee, and the supervisor shall reassign the matter, in addition, any employee who has a financial or other private interest in a matter before the City Council or any board, commission, committee or authority, the holding of which would require that the person be disqualified from participation in such matter pursuant to § 38-11 of this chapter, shall disclose such fact on the records of the Council or such City body and refrain from participating in any discussion or giving any official opinion thereon.

Any person required to file a conflict of interest, lobbying registration, or financial disclosure statement pursuant to this chapter shall correct any inaccurate or incomplete filings with the Commission within 15 days of learning or being notified that the statement is inaccurate or incomplete. Any candidate for office notified that a statement is, or appears to the Commission to be, inaccurate or incomplete must provide the additional information required to the Commission or confirm the accuracy and completeness of the statement within 15 days or prior to the withdrawal of candidacy deadline, whichever is first to occur. If additional information is not provided or the accuracy and completeness of the information is not confirmed, in writing, within the required time to the satisfaction of the Commission that it is in compliance with the Ethics Code, then the candidate is deemed to have withdrawn the candidacy. The Commission may delegate the determination of sufficiency to its chair.

[Amended 4-24-2012 by Ord. No. 12-O-03; 9-9-2014 by Ord. No. 14-O-09]

§ 38-18 Lobbying activities.

[Amended 8-9-2011 by Ord. No. 11-O-10]

Any person who personally appears before any City official or employee with the intent to influence that person in the performance of that person's official duties and who, in connection with such intent, expends or reasonably expects to expend in a given calendar year in excess of $100 on food, entertainment or other gifts for such official or employee shall file a lobbying registration statement with the Commission on or before the latter of January 15 of the calendar year or within five days after first performing an act that requires registration in the calendar year.

The lobbying registration statement shall include complete identification of the registrant and of any person on whose behalf the registrant proposes to act. The statement also shall identify the subject matter on which the registrant proposes to make appearances. The registration statement shall cover a defined registration period not to exceed one calendar year.

Registrants under this section shall file an annual report not later than 30 days following the end of any calendar year during which they were registered, disclosing the value, date and nature of any food, entertainment or other gifts provided to a City official or employee. When a gift or series of gifts to a single official or employee exceeds $20 in value, the official or employee also shall be identified in such annual report.

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.

§ 38-19 Authority of the City Clerk to receive documents; requests for public records.

[Amended 4-24-2012 by Ord. No. 12-O-03]

The City Clerk is authorized to receive, on behalf of the Commission, all financial disclosure, lobbying registration and conflict of interest statements, complaints, requests for advisory opinions, or other documents required or authorized to be filed under the provisions of this chapter. Except as otherwise provided, all such documents so submitted shall be deemed filed with the Commission when received by the City Clerk. All such documents shall be transmitted to the Commission without delay.

All conflict of interest, financial disclosure and lobbying registration statements required to be filed under this chapter are public records, except that the home addresses of City officials and employees shall be redacted from such statements prior to disclosure to the public. Requests to inspect or copy these records should be made to the office of the City Clerk.

[Amended 9-11-2018 by Ord. No. 18-O-08]