This chapter may be cited as the "City of Glenarden Public Ethics
Ordinance."
The provisions of this chapter apply to all elected officials,
employees, and appointees to boards and commissions of the City of
Glenarden.
In this chapter, the following terms have the meanings indicated.
BUSINESS ENTITY
A.
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.
B.
"Business entity" does not include a governmental entity.
COMMISSION
The City of Glenarden Ethics Commission established under §
16-5 of this chapter.
COMPENSATION
A.
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.
B.
For the purposes of §
16-9 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.
DOING BUSINESS WITH
A.
Having or negotiating a contract that involves the commitment,
either in a single or combination of transactions, of $5,000 or more
of City-controlled funds; or
B.
Being regulated by or otherwise subject to the authority of
the City; or
C.
Being registered as a lobbyist under §
16-9 of this chapter.
EMPLOYEE
A.
An individual who is employed by the City.
B.
"Employee" does not include an elected local official.
FINANCIAL INTEREST
A.
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
B.
Ownership, or the ownership of securities of any kind representing
or convertible into ownership, of more than 3% of a business entity
by a City official or employee, or the spouse of an official or employee.
GIFT
A.
The transfer of anything of economic value, regardless of the
form, without adequate and lawful consideration.
B.
"Gift" does not include a political campaign contribution regulated
under the Elections 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.
INTEREST
A.
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.
B.
For purposes of §
16-7 of this chapter, "interest" includes any interest held at any time during the reporting period.
C.
"Interest" does not include:
(1)
An interest held in the capacity of a personal agent, custodian,
fiduciary, or personal representative, trustee, unless the holder
has an equitable interest in the subject matter;
(2)
An interest in a time or demand deposit in a financial institution;
(3)
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;
(4)
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
(5)
A college savings plan under the Internal Revenue Code.
LOBBYING
A.
Communicating in the presence of a City official or employee
with the intent to influence any official action of that official
or employee; or
B.
Engaging in activities with the express purpose of soliciting
others to communicate with a City official or employee with the intent
to influence that official or employee.
LOBBYIST
A person required to register and report expenses related to lobbying under §
16-9 of this chapter.
OFFICIAL
An employee of the City, or a person appointed or employed
by the City or any City agency, board, commission, or similar entity:
A.
Whether or not paid, in whole or in part, with City funds; and
B.
Whether or not compensated.
PERSON
An individual or business entity.
The Commission may grant exemptions and modifications to the provisions of §§
16-6 and
16-7 of this chapter to employees and to appointed members of City 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. Constitute an unreasonable invasion of privacy; and
B. Significantly reduce the availability of qualified persons for public
service.