[HISTORY: Adopted by the Commission of the Town of Cottage City 11-14-2018 by Ord. No. 2018-01. Amendments noted where applicable.]
A. 
The purpose of the Town of Cottage City Public Ethics Ordinance is to encourage all Town officials, appointees, and employees to abide by high ethical standards in all matters affecting the Town and the public trust; to provide a clear statement of the minimum standards of ethical conduct; to define the procedures for assuring compliance with adopted standards; and to assure that all Commissioners, appointed officials, and employees avoid improper influence and actions, or even the appearance of impropriety, in all their actions on behalf of or relating to the Town.
B. 
This Ethics Ordinance shall be interpreted to best protect the right of the people of Cottage City to expect that their public officials, appointees, and employees shall exercise impartial, independent and ethical judgment in working for the Town and its people, and to best assure that the people of Cottage City may maintain the highest trust in their public officials and employees.
In order to avoid becoming involved or implicated in a conflict of interest or impropriety or, just as important, an appearance of conflict of interest or impropriety, elected officials, appointees and Town employees shall not:
A. 
Knowingly use their office or position for personal or family gain or profit, or participate in any matter in which a family member, as defined in § 15-3G below, is involved;
B. 
Act officially in a matter in which the official or a family member is privately interested;
C. 
Accept transportation, lodging, food, beverages, or anything else of more than token value offered because the official holds a Town position;
D. 
Solicit or accept rewards or items or services likely to influence the official;
E. 
Offer or provide influence in exchange for campaign contributions, gifts or other benefits;
F. 
Use Town-owned property or Town services for personal or family gain or profit;
G. 
Use information acquired in confidence by reason of their official position from a Town customer, supplier, lessee or contractor for other than Town purposes; or
H. 
Engage in discrimination or retaliation as defined herein.
A. 
Elected officials, appointees and Town employees shall not knowingly engage in activities that are in conflict, or that have the potential to create conflict, with performance of official duties. No person subject to this chapter shall have any direct or indirect interest, financial or otherwise, or incur any obligation of any nature, or engage in any business, employment, transaction or professional activity that is in substantial conflict with the proper discharge of his or her public duties or employment. Any elected official, appointee or Town employee who is or becomes aware of any conflict of interest on his or her own part or that of another shall notify the Commission or supervisor of any such conflict, and the Commission shall, in a closed session, determine the appropriate course to follow with respect to the matter, in accordance with the provisions of this chapter.
B. 
Examples of conflicts or potential conflicts of interest include, but are not necessarily limited to, circumstances where an elected official, appointee or Town employee:
(1) 
Influences the selection or nonselection of, or the conduct of business between the Town and any entity in which the elected official, appointee, Town employee or any of their family members has a financial interest, or from which a financial benefit could be gained;
(2) 
Accepts any retainer, compensation, gift or anything of value that is contingent upon a specific action or nonaction by the public official, appointee or Town employee;
(3) 
Intentionally uses or discloses information not available to the general public and acquired by reason of his or her official position to benefit himself or herself, family, friends or others;
(4) 
Performs an act in other than his or her capacity as a Town elected official, appointee or employee, knowing that the act without prior disclosure may later be subject, directly or indirectly, to the control, regulation, supervision, inspection, review, audit, or enforcement by the official or employee, or a body of which the official is a member; and
(5) 
Solicits, demands, accepts, or agrees to accept from another person, any gift, gratuity or offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement, contract, or other transaction of or for the Town.
C. 
Elected officials, appointees and Town employees shall not take part in any Commission action, deliberation or vote, concerning any contract, property, or other matter of any kind, in which the public official, appointee, Town employee, or his or her family, as defined in Subsection H below, has a financial interest, or which otherwise creates a conflict of interest.
D. 
Elected officials, appointees and Town employees shall not be deemed to violate Subsection C of this section when they only have a remote interest in a contract or sale. Elected officials, appointees and department heads shall formally disclose the fact and extent of any remote interest, which shall be recorded in the official minutes of the Commission prior to the Commission taking any action related to the interest. Thereafter, all action taken by the Commission related to such interest shall be by vote sufficient for the purpose without counting the vote of the elected official or Town employee having the remote interest.
E. 
Unless as permitted by statute, charter or other ordinance, and except as otherwise stated in this subsection, a Town elected official shall be prohibited from simultaneously holding multiple Town offices or appointed positions in Town government. Nothing in this subsection shall prevent the Commission from approving the appointment of a Commissioner to serve as an ex officio member of any Town board, committee, or other appointed body.
F. 
Members of the Cottage City Commission, appointees and Town employees are prohibited from being awarded contracts with the Town. Notwithstanding anything to the contrary in this subsection, however, elected officials, appointees and Town employees may have a beneficial interest in a contract with the Town under the following limited circumstances:
(1) 
If an item of business relating to the contract comes before the elected official, appointees or Town employee, the official or employee must identify the contract on the record and recuse himself or herself from acting in any way on that item, and the individual shall not remain in the meeting room during the discussion of that item;
(2) 
The official or employee has not lobbied the Town to enter into the contract;
(3) 
The official or employee has not influenced Town policy with the primary purpose of creating the need for the contract; and
(4) 
The contract cannot be made by, through or under the supervision of the official or employee, in whole or in part, or for the benefit of his or her office.
G. 
No Town official or employee shall cause or advocate for a member of his or her family, as defined in Subsection H below, to be hired or employed by the Town.
H. 
Family members include anyone who is related to an individual by blood, marriage or adoption, or who is part of the individual's household, including but 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 part of an individual's household.
A. 
Elected and appointed Town officials, other appointees and Town employees shall not use the prestige of their office for their own benefit or for the private gain of another. The performance of usual and customary constituent services, including helping those in need and without additional compensation, does not constitute the improper use of position or misuse of the prestige of office. A Town official's, appointee's, or employee's misuse of his or her position not only diminishes public confidence in that official or employee, but it also harms trust and confidence in the Town government as well. This prohibition means a Town official, appointee, or employee may not use any influence he/she may have to obtain a special benefit for himself/herself or another, or use Town resources for personal benefit or to benefit a family member as defined in § 15-3H above, or to benefit a friend in a manner not available to all who are similarly situated.
B. 
Examples of improper uses of position include, but are not necessarily limited to, circumstances where an elected official, appointee or Town employee:
(1) 
Uses his or her public office and employment for personal, private or economic gain, or uses or attempts to use his or her official position to secure special privileges or exemptions for himself or herself, or others, except as provided by law;
(2) 
Interferes with the ordinary course of law enforcement within the Town, or suggests or requests special favors, consideration or disposition on the part of any law enforcement-related official, supervisor or adviser of the Town, including the Chief of Police, police officers, Code Enforcement Officers, Town Attorney or administrative support staff, concerning any Town law enforcement matter including, but not limited to, parking tickets, traffic tickets, citations, municipal infractions, or the enforcement of Town ordinances. This does not prohibit discussion of policy matters or matters of interpretation of Town ordinances or other requirements, or addressing the special needs of particular persons residing in the Town;
(3) 
Uses any Town-owned property for private purposes or profit; or
(4) 
Purposely and knowingly takes any action that seriously and adversely affects the confidence of the public in the integrity of the Town government, or that creates an appearance of a lack of integrity of the Town government.
Elected and appointed officials, appointees and Town employees shall not, directly or indirectly, solicit any gift or accept or receive any gift, whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form, under the following circumstances:
A. 
It could be reasonably inferred or expected that the gift is intended to influence them in the performance of their official duties; or
B. 
It could be reasonably inferred or expected that the gift was intended to serve as a reward for any official action on their part. Elected officials, appointees and Town employees may not accept meals or beverages from Town businesses but may accept de minimis gifts such as, but not limited to, calendars, coffee mugs, flowers, candy, and other similar items that are given as a customary business practice and have no material significance to the recipient, with such gifts from any one source not to exceed $50 in value in any twelve-month period. Town officials and employees shall report any gift to their immediate supervisor or the Town Manager.
C. 
This section shall not apply to:
(1) 
Meals and beverages consumed in the presence of the donor or sponsoring entity;
(2) 
Ceremonial gifts or awards that have insignificant monetary value;
(3) 
Unsolicited gifts of nominal value that do not exceed $20 in cost or trivial items of informational value;
(4) 
Reasonable expenses for food, travel, lodging, and scheduled entertainment of the official or the employee at a meeting which is given in return for the participation of the official or employee in a panel or speaking engagement at the meeting;
(5) 
Gifts of tickets or free admission extended to an elected 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;
(6) 
A specific gift or class of gifts that the Commission exempts from the operation of this subsection upon a finding, in writing, that acceptance of the gift or class of gifts would not be detrimental to the impartial conduct of the business of the Town and that the gift is purely personal and private in nature;
(7) 
Gifts from a person related to the official or employee by blood or marriage, or any other individual who is a member of the household of the official or employee;
(8) 
Honoraria for speaking to or participating in a meeting, provided that the offering of the honorarium is in not related in any way to one's official position; or
(9) 
Gifts made to the Town as an entity. All such gifts shall be given to the Town Manager for official disposition.
Other than in the discharge of official duties, an elected or appointed 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 legally disclosable or available to the public.
A. 
No Town official, appointee, or employee shall grant any special consideration, treatment or advantage to any person beyond that which is available to every other person in the same relevant circumstances, or otherwise single out any person for an advantage or disadvantage that would be different from how any other similarly situated person is treated.
B. 
No Town official, appointee, employee, or the Commission as a whole, shall discharge or discriminate against or threaten any negative action against any person, or threaten to discharge or otherwise discriminate in any form against any person, because he or she reports or assists in reporting, or is about to report or assist in reporting, any violation of this chapter, or participates in any investigation, hearing or inquiry regarding any such report or complaint.
C. 
This section shall not apply to any situation involving any intentional false statement with respect to any alleged violation of this chapter.
A. 
Any person may submit a written complaint to the Town Manager alleging one or more violations of this Ethics Ordinance by an elected official, appointee or employee. If the complaint or allegation is against the Town Manager, the complaint shall be submitted to the Commission Chair. The complaint shall set forth specific alleged facts with precision and detail that clearly describe unjustified acts which, if proven, would constitute a violation of a specified provision or provisions of this chapter. It is not necessary that the complaint cite the specific ethics provision or provisions of this code that have allegedly been violated, but such citation is advised. The complaint shall be signed by the person or persons submitting them, shall be under oath, and shall include the submitter's correct name, address at which mail may be personally delivered to the submitter, and the telephone number at which the submitter may be contacted. Complaints initiated by the Commission shall be signed by the Chair or Vice Chair.
B. 
The Town Manager or Commission Chair shall promptly inform the elected official, appointee, or employee, and all members of the Cottage City Commission, of the complaint and provide copies thereof to them, and shall formally submit the complaint to the Commissioners for determination of its sufficiency within 15 days of its receipt. Voicemail, e-mail or similar notification of the respondent is acceptable if actual notice is not immediately practicable. A copy of the complaint shall also be sent to the complained-against official, appointee or employee by registered mail within 21 days of receipt.
C. 
The Commission shall address any complaint and related actions in a closed meeting, except as otherwise provided herein. After the initial hearing regarding a complaint, the Commission shall schedule a second closed meeting to hear the allegations of the person who filed the complaint, and the response of the complained-against official, appointee, or employee (hereinafter respondent), unless the Commission determines that the complaint should be dismissed without such a hearing because it does not allege any violation with sufficient clarity to understand it or warrant further action. If a complaint is dismissed, the Commission shall inform the complainant of the reason for this, and provide any further advice that is warranted regarding the need for clarity in any complaint. At a hearing, the complainant shall have the responsibility for proving the allegations in the complaint by a preponderance of the evidence.
D. 
The Town Attorney shall assist the Commission in carrying out the Commission's duties, but if a conflict of interest prohibits the Town Attorney from assisting the Commission in any matter, an independent counsel may be hired to assist the Commission in that matter.
E. 
Complaints must be filed within one year from the occurrence that is the subject of the complaint, or from the date that information on completion of the alleged misconduct was reasonably available to the public.
F. 
Complaints may be amended as authorized by the Commission as justice requires; provided, that the time frames of the review process provide the complained-against official, appointee, or employee with a fair opportunity to respond.
G. 
All elected officials, appointees and employees, excluding the alleged violator, shall observe strict confidentiality as to the complaint and alleged violator until the review is complete, to the extent that the information is acquired as a result of a person's status as an elected official or employee.
H. 
In the event the final determination by the Cottage City Commission is that the individual against whom the complaint has been filed has violated the Ethics Ordinance, the Commission shall convene and render its formal decision within 30 days after the hearing, absent good cause that is provided in writing to the complainant and the respondent, which may include an extension requested by the respondent for good cause and granted by the Commission. In the event that the Commissioners agree by majority vote that one or more of the violations occurred, then as to the violations, the Commission may vote to take enforcement action pursuant to § 15-9 of this chapter and/or take any of the following actions approved by a majority vote of the Commission; provided that penalties may only be based upon violations alleged in the complaint or amended complaint and not upon other violations discovered during the complaint process, unless the complainant amends his or her complaint at or prior to the time in which the Commission deliberates to decide the case:
(1) 
Admonition. An admonition shall be a verbal nonpublic statement made by the Chairman or designated Commissioner to the respondent.
(2) 
Reprimand. A reprimand shall be administered to the respondent by letter. The letter shall be approved by the Cottage City Commission and shall be signed by the Chairman or designee. If the respondent objects to the content of such letter, he or she may file a request for review of the letter of reprimand with the Commission. The Commission shall review the letter of reprimand in light of the report and the request for review, and may take whatever action appears appropriate under the circumstances.
(3) 
Censure. A censure shall be a written statement administered personally to the respondent. The respondent shall appear at a time and place directed by the Cottage City Commission to receive the censure. Notice shall be given at least five days before the scheduled appearance at which time a copy of the proposed censure shall be provided to the individual. Prior to the scheduled appearance, the respondent may file a request for review of the content of the censure along with any statement of justification. The Commissioners shall review the proposed censure in light of the complaint and the request for review, and may take whatever action appears appropriate under the circumstances. If no request for review is received, the censure shall be administered at the time and place set. A censure shall be deemed administered at the time it is scheduled whether or not the individual appears as required.
(4) 
Removal. In the event the respondent is a member of the Commission, or of a committee or other multi-member body appointed by or with the consent of the Cottage City Commission, the Commission may, by a majority vote, remove the respondent from such committee or body, but may not remove an elected official from the Commission, except as provided in the Cottage City Charter.
I. 
Action by the Cottage City Commission shall be by majority vote. If the proceeding involves a member of the Cottage City Commission, that member may not vote on any matter involving himself or herself. Deliberation by the Cottage City Commission shall be in closed session with the complainant and respondent and any legal representatives present, except upon request of the respondent that it be in open session, in which case the deliberation and vote shall be open to the public, unless the subject matter of the complaint would be embarrassing or humiliating to the complainant or other person.
J. 
Specific complaint against a Town employee. In the event the respondent is a Town employee, the Town shall follow the appropriate discipline, through the employee's supervisor and/or department head, following the procedures outlined in the employee handbook, the Town Charter and Code, and any relevant standard operating procedures. A violation of this chapter by an employee shall be considered grounds for disciplinary action including termination.
K. 
Any knowingly false complaint, or any complaint filed against a person for the purpose of harassing or harming that person in any way, may itself be the subject of a complaint, by an individual or by the Commission.
L. 
A finding of a violation of this chapter by the Commission is public information.
M. 
Appeals. Any respondent aggrieved by a decision or action of the Commission under this section shall have the right to appeal such decision or action to the Circuit Court of Prince George's County. Jurisdiction to hear and determine such appeals is hereby conferred upon the Circuit Court.
A. 
Upon direction from the Cottage City Commission, the Town Attorney or other attorney may file a petition for injunctive or other relief in the Circuit Court for the county, or any other court having proper venue for the purpose of requiring compliance with the provisions of this chapter. This petition may seek:
(1) 
To have the court issue an order to cease and desist from the violation; and
(2) 
To have the court 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 365 days of the occurrence of the official action, if the court deems voiding the action to be in the best interests of the public; provided, however, that the court may not void any official action appropriating public funds, levying taxes, or providing of the issuance of bonds, notes or other evidence of public obligation.
B. 
In addition to any other action described in this chapter, the Cottage City Commission may vote to declare that a specific violation of this chapter shall be prosecuted as a municipal infraction subject to the maximum penalty permitted by the Town Charter as awarded by the court in its discretion. Each violation of this chapter shall be pursued as a separate municipal infraction.
C. 
Town employees found to be in violation of this chapter may, in addition to or in lieu of a civil infraction, be further subject to personnel disciplinary actions, including but not limited to suspension or dismissal.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter.