[Amended 7-20-2023 by Ord. No. O-23-20]
The provisions of this chapter apply to all Town elected and appointed officials, candidates for election, employees, and to appointees to boards and commissions of the Town, to the extent provided in this chapter.
The purposes of this chapter are:
A. 
To make it as difficult as possible for any official or employee of the Town to act corruptly;
B. 
To make it as easy as possible for corruption to be detected and punished and its effects remedied; and
C. 
To facilitate the clarification of ambiguous situations, so that officials and employees can honestly carry out their duties despite erroneous appearances of possible improprieties.
A. 
In general. In this chapter, the following words have the meanings indicated unless:
(1) 
The context clearly requires a different meaning; or
(2) 
A different definition is adopted for a particular provision.
B. 
Specific definitions:
APPOINTED OFFICIAL
(1) 
The Town Administrator;
(2) 
Town Clerk;
(3) 
Town Treasurer;
(4) 
Town Attorney;
(5) 
Any special counsel appointed by the Mayor;
(6) 
Town Zoning Administrator;
(7) 
Town Engineer;
(8) 
Town Code Enforcement Official;
(9) 
All Town department directors;
(10) 
Members of the Town Planning Commission, Board of Appeals, Board of Elections, and Ethics Commission.
BOARD or COMMISSION
A unit composed of at least two members, all of whom are appointed and serve on a part-time basis.
BUSINESS ENTITY
A person or company engaged in business, whether profit or nonprofit, regardless of form.
CHAPTER
This Chapter 25 of the Code of the Town of Chesapeake Beach.
[Added 7-20-2023 by Ord. No. O-23-20]
CLOSE RELATIVE
One's parents, spouse, domestic partner, siblings, and children.
COMMISSION
See "Board or Commission."
COMPENSATION
Money or any other valuable thing, regardless of form, received or to be received by a person from an employer for services rendered.
CONFLICT OF INTEREST
Means that 1) a covered person, 2) a close relative of the person, or 3) an organization or entity to which the covered person owes a fiduciary duty has interests which differ from those of the Town with respect to a specific matter.
CONTINGENT COMPENSATION FOR REPRESENTATION
Compensation dependent on the success of the representation.
COVERED PERSON
An elected official, another official, or an employee.
EARNED INCOME
Has the same meaning as under federal tax law. It includes wages, salaries, tips, strike benefits, long-term disability benefits received prior to minimum retirement age, and net earnings from self-employment from a business or farm owned by the person. It does not include interest, dividends, retirement income, social security, unemployment benefits, alimony, or child support.
ELECTED OFFICIAL
The Mayor, the Mayor-elect, or a member or member-elect of the Town Council.
EMPLOYEE
A person who is employed by the Town but does not include an elected public official.
EMPLOYER
An entity that pays or agrees to pay compensation to another entity for services rendered.
ENTITY
A person, a company, or a government or instrumentality of government.
ENTITY DOING BUSINESS WITH THE TOWN
An entity which has a contract with the Town, has sold the Town any goods or services, or has proposed a contract or sale of goods or services.
ETHICS COMMISSION
The Town Ethics Commission.
FINANCIAL INTEREST
(1) 
Ownership of an interest as the result of which the owner has received within the past three years, is currently receiving, or in the future is entitled to receive, more than $1,000 per year; or
(2) 
Ownership of more than 3% of a business entity by a covered person or his or her spouse; or
(3) 
Ownership of securities of any kind that represent, or are convertible into, ownership of more than 3% of a business entity by a covered person or his or her spouse.
GIFT
The transfer of anything of economic value, regardless of form, without adequate and lawful consideration.
HONORARIUM
Money or a thing of value, except a payment for writing a book that has been or is intended to be published, that is transferred to a person for:
(1) 
Speaking to, participating in, or attending a meeting or other function; or
(2) 
Writing an article that has been or is intended to be published.
INTEREST
A legal or equitable economic interest that is owned or held wholly or partly, jointly or severally, or directly or indirectly, whether or not the economic interest is subject to an encumbrance or condition. Interest does not include:
(1) 
An interest held in the capacity of agent, custodian, fiduciary, personal representative, or 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; an interest in an insurance policy, endowment policy, or annuity contract by which an insurer promises to pay a fixed amount of money in a lump sum or periodically for life or a specified period;
(3) 
A common trust fund or a trust that forms part of a pension or a profit-sharing plan that:
(a) 
Has more than 25 participants; and
(b) 
Is determined by the Internal Revenue Service to be a qualified trust or college savings plan under the Internal Revenue Code; or
(4) 
A mutual fund that is publicly traded on a national scale unless the mutual fund is composed primarily of holdings of stocks and interests in a specific sector or area that is regulated by the person's governmental unit.
INTEREST ATTRIBUTABLE
The following are deemed to be the interests of a person covered by this chapter:
(1) 
An interest of a close relative in which the covered person (or an entity in which the covered person held a greater than 50% interest) held a greater than 50% interest at any time during the applicable period;
(2) 
Business entities.
[Amended 3-16-2023 by Ord. No. O-23-1]
(a) 
A business entity in which the individual held a 10% or greater interest;
(b) 
A business entity described in Subsection (2)(a) of this definition in which the business entity held a 25% or greater interest;
(c) 
A business entity described in Subsection (2)(b) of this definition 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 estate in which, at any time during the applicable period, the covered person was a beneficiary or held a reversionary interest or, if a revocable trust, was a settlor.
LEGISLATIVE ACTION
An official action, including introduction, sponsorship, consideration, debate, amendment, passage, defeat, approval, and veto, or non-action relating to:
(1) 
An ordinance, a resolution, an amendment, a nomination, an appointment, a report, or any other matter within the jurisdiction of the Town Council;
(2) 
An ordinance presented to the Mayor for signature or veto; or
(3) 
Testimony or other advocacy in an official capacity as a member of the Town Council before a unit of state or local government.
OBLIGEE
An entity to whom a debt or other monetary obligation is owed.
POLITICAL CONTRIBUTION
A contribution as defined in § 1-101 of the Maryland Election Law Article.
PROCUREMENT CONTRACT
Has the meaning stated in § 11-101 of the Maryland State Finance and Procurement Article.
PUBLIC OFFICIAL
An elected official or appointed official.
QUASI-GOVERNMENTAL ENTITY
An entity that is created by state statute, that performs a public function, and that is supported in whole or in part by the state but is managed privately.
[Added 3-16-2023 by Ord. No. O-23-1]
RESPONDENT
Anyone who is the subject of a complaint before the Ethics Commission.