[HISTORY: Adopted by the Mayor and Town Council of the Town of Hancock 5-10-2006 as Ch. 16 of the 2006 Code of Ordinances. Amendments noted where applicable.]
The purpose of this chapter is to comply with Article 40A of the Annotated Code of the State of Maryland[1] and to provide for certain guidelines and criteria for standards of conduct for those persons to which this chapter is applicable.
[1]
Editor's Note: Article 40A of the Annotated Code of the State of Maryland was repealed 4-9-1996 by Acts 1996, c. 10, § 15. See now the General Provisions Article of the Annotated Code of Maryland, § 5-101 et seq.
The provisions of this chapter, unless otherwise herein provided, shall be applicable to all officials, employees, and members of boards and commissions of the Town of Hancock, Maryland, including, but not limited to, the following where such offices are applicable and exist:
A. 
Members of the Mayor and Council.
B. 
Town Manager.
C. 
Town Clerk.
D. 
Town Treasurer.
E. 
Town Attorney.
F. 
All heads of department of the Town by whatever title they are known.
G. 
Members of all boards, commissions and committees appointed by the Mayor and Council.
H. 
Members of all boards, commissions and committees appointed by the Governor of the State of Maryland where such boards, commissions and committees are not declared by the State Ethics Commission not to be executive agencies in the state government.
A. 
There is hereby established an Ethics Commission for the Town of Hancock, Maryland. The Ethics Commission shall be composed of the five members of the Ethics Committee, appointed by the Board of County Commissioners of Washington County, Maryland, pursuant to and under the provisions of an ordinance enacting an ethics law for Washington County, Maryland, passed on February 23, 1982.
B. 
In the event that the County Commissioners shall fail to appoint an Ethics Commission as set forth in said ordinance, then the Mayor, with the advice and consent of the Council of the Town of Hancock, shall appoint an Ethics Commission consisting of five members, who shall be and are charged with the responsibilities as set forth in this chapter.
C. 
The commission referred to herein shall be advised by the County Attorney and shall have the following responsibilities:
(1) 
To devise, receive and maintain all forms generated by this chapter and any law applicable to the operation and function of the Ethics Commission and/or the enforcement of the Ethics Ordinance.
(2) 
To provide published advisory opinions to persons subject to the ordinance.
(3) 
To process and make determinations as to complaints filed by any person alleging violations of this chapter.
(4) 
To conduct a public information program regarding the purposes and application of this chapter.
D. 
Upon the effective date of this chapter, the term and tenure of any current member of the Hancock Ethics Commission appointed by the Mayor and approved by the Council shall terminate automatically by operation of law.
Town officials and employees who are subject to this chapter shall not:
A. 
Participate on behalf of the Town in any matter which would, to their knowledge, have a direct financial impact, as distinguished from the public generally, on them or their immediate family, including spouse, children (dependent or otherwise), parents, brothers, sisters or in-laws, or a business entity with which they are affiliated.
B. 
Hold or acquire an interest of either $10,000 or 5% or greater in a business entity that has or is negotiating a contract of $1,000 or more with the Town, or is regulated by their agency, except as exempted by the Commission where the interest is disclosed pursuant to § 33-7 of this chapter.
C. 
Be employed by a business entity that has or is negotiating a contract of more than $1,000 or more with the Town, or is regulated by its agency, except as exempted by the Commission pursuant to § 33-6 of this chapter.
D. 
Hold any outside employment relationship that would impair their impartiality or independence of judgment.
E. 
Represent any party, for a contingent fee, before any Town body.
F. 
Within one year following termination of Town service, act as a compensated representative of another in connection with any specific matter in which he participated substantially as a Town official or employee.
G. 
Solicit any gift or accept gifts of greater than $25 in value from any person that has or is negotiating a contract with the Town, or is regulated by its agency, except when these gifts would not present a conflict of interest as determined by the Commission. For the purposes of this section, "gift" includes the transfer of anything of economic value, regardless of form, without adequate and lawful consideration.
H. 
Use the prestige of their office for their own benefit or that of another.
I. 
Use confidential information acquired in their official Town position for their own benefit or that of another.
A. 
The Town officials and employees listed in Subsection C of this section shall file annually, not later than January 31 of each calendar year during which they hold office, a statement with the Commission disclosing any gifts, as hereinafter limited, received during the preceding calendar year from any person that has or is negotiating a contract with the Town, or any person regulated by its agency. The statement shall identify the donor of the gift and its approximate retail value at the time of receipt. Disclosure of gifts of the following items where the reasonable value thereof does not exceed $25 shall not be required:
(1) 
Meals and beverages.
(2) 
Ceremonial gifts or awards which have insignificant value.
(3) 
Unsolicited gifts of nominal value or trivial items of informational value.
(4) 
Reasonable expenses for food, travel, lodging, and scheduled entertainment of the official or the employee for a meeting which is given in return for participation in a panel or speaking engagement at the meeting.
(5) 
Gifts or tickets or free admission extended to an elected official or employee to attend a professional or intercollegiate sporting event or charitable, cultural or political event if the purpose of this gift or admission is a courtesy or ceremony extended to the office.
(6) 
Gifts from a person related by blood or marriage, or a spouse, child, ward, financially dependent parent, or other relative who shares the official's or employee's legal residence, or a child, ward, parent, or other relative over whose financial affairs the person has legal or actual control.
(7) 
A specific gift or class of gifts which the Mayor and Council or the Commission exempts from the operation of this section 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.
(8) 
Honoraria.
B. 
Candidates for elective offices listed in Subsection C of this section shall file statements consistent with the requirements of Subsection A of this section at the time that they file their certificates of candidacy.
C. 
Officials and employees required to file (provided the offices exist and are applicable):
(1) 
Mayor.
(2) 
Members of the Council.
(3) 
Town Manager.
(4) 
Town Clerk.
(5) 
Town Finance Director.
(6) 
Town Attorney.
(7) 
Town Treasurer.
(8) 
Members of all boards, commissions and committees listed in § 33-2 of this chapter, the members of which receive any compensation for their services as such members.
D. 
All Town officials and employees or candidates for elective office to positions subject to this section shall file a statement with the Commission disclosing any interest or employment the holding of which would require disqualification from participation pursuant to § 33-4A of this chapter, sufficiently in advance of any anticipated action to allow adequate disclosure to the public.
E. 
Disclosure statements filed pursuant to this section shall be maintained by the Commission as public records available for public inspection and copying.
A. 
Any person who personally appears before any Town official or employee with the intent to influence that person in performance of his 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 officials shall file a registration statement with the Commission not later than January 15 of the calendar year or within five days after first making these appearances.
B. 
The registration statement shall include complete identification of the registrant and of any other person on whose behalf the registrant acts. It shall also identify the subject matter on which the registrant proposes to make these appearances and shall cover a defined registration period not to exceed one calendar year.
C. 
Registrants under this section shall file a report within 30 days after the end of any calendar year during which they were registered, disclosing the value, date and nature of any food, entertainment or the gift provided to a Town official or employee. When a gift or series of gifts to a single official or employee exceed $25 in value, the official or employee shall also be identified.
D. 
The registrations and reports filed pursuant to this section shall be maintained by the Commission as public records available for inspection and copying.
The Commission may grant exemptions and modifications to the provisions of §§ 33-4 and 33-5 of this chapter if it determines that application of those provisions would:
A. 
Constitute an unreasonable invasion of privacy.
B. 
Significantly reduce the availability of qualified persons for public service.
C. 
Not be required to preserve the purposes of this chapter.
A. 
The Commission may issue a cease and desist order against any person found to be in violation of this chapter and may seek enforcement of this order in the Circuit Court of Washington County. The Court may issue a cease and desist order and may also impose a fine of up to $1,000 for any violation of the provisions of this chapter.
B. 
A Town official or employee found to have violated this chapter may be subject to disciplinary or other appropriate personnel action, including suspension of Town salary or other compensation.
C. 
Violation of § 33-6 of this chapter shall be a misdemeanor subject to a fine of up to $1,000 or imprisonment of up to one year.[1]
[1]
Editor's Note: This is former Chapter 15, enacted August 13, 1982, amended July 12, 2004, and recorded among the Acts, Ordinances and Resolutions of Towns in the office of the Clerk of the Circuit Court in Liber 10, folio 381.