A.
The Town Administrator shall compile in January of each year an alphabetized
list of entities that, at that date or during the previous calendar
year:
B.
Contracts of less than $500 may be omitted from the list.
C.
The list shall be accessible online.
D.
The list shall be kept up-to-date throughout the year.
Decisions and other actions by covered people shall be taken
in the sole interest of the Town.
A.
Appearance of conflict of interest. Where conduct might present an
appearance of a conflict of interest, any covered person, whether
or not involved in the conduct giving rise to an appearance of a conflict,
may obtain an advisory opinion from the Commission as to whether there
is an actual conflict of interest.
[Amended 7-20-2023 by Ord. No. O-23-20]
B.
Other. Any covered person can ask for an advisory opinion in cases
not involving the appearance of a conflict of interest, but in these
cases the Commission may deny the request.
Except as provided § 25-21, a covered person is disqualified from participating in any matter, including attempting to influence the decision in that matter, which involves a conflict of interest.
A covered person may not participate in any matter that would
affect the value of real estate in which the covered person or a close
relative has an ownership interest, except where the effect applies
generally to real estate throughout the Town or a neighborhood or
section of the Town.
A covered person may not participate in any matter that would
affect the value of an entity in which the covered person has a direct
financial interest, for example, as a shareholder.
A covered person may not participate in any matter in which
any of the following is a party:
A.
An entity for which the covered person or, if known by the covered
person, a close relative, is an officer, director, trustee, partner,
or employee;
B.
An entity with which the covered person or, if known by the covered
person, a close relative, is negotiating employment or has any arrangement
concerning prospective employment;
C.
An entity that is a party to an existing contract with the covered
person or a close relative, if the contract reasonably could be expected
to result in a conflict between the private interests of the covered
person and his or her official duties;
D.
An entity that is doing business with the Town and in which a direct
financial interest is owned by another entity in which the official
or employee has a direct financial interest, if the covered person
may be reasonably expected to know of both direct financial interests;
or
E.
An entity the covered person knows is a creditor or obligee of the
covered person or close relative with respect to a thing of economic
value and is in a position to directly and substantially affect the
interest of the covered person or close relative of the covered person.
F.
An entity that requests or receives, or is likely to request or receive,
a grant or other funding from the Town.
[Added 7-20-2023 by Ord. No. O-23-20]
A.
Whenever a covered person is disqualified from participating in a
matter, he or she must file, at or before the time of recusal, a statement
with the Commission describing the circumstance of the apparent conflict
and the steps taken to avoid participation in matters related to it.
B.
Whenever a covered person would be disqualified from participating in a matter but for one of the exceptions in § 25-21B, he or she must file in advance of the participation a statement with the Commission describing the circumstance of the apparent conflict and the basis for believing an exception applied.
A.
In general, a covered person may not be employed by or have a financial
interest in any entity where that would impair his or her impartiality
or independence of judgment.
B.
A covered person may not be employed by or have a financial interest
in any entity:
[Amended 7-20-2023 by Ord. No. O-23-20]
C.
(1)
A covered person who is appointed to a regulatory or licensing authority
pursuant to a statutory requirement that persons subject to the jurisdiction
of the authority be represented in appointments to the authority;
(2)
Subject to other provisions of law, a member of a board or Commission
in regard to a financial interest or employment held at the time of
appointment, provided the financial interest or employment is publicly
disclosed to the appointing authority and the Commission;
(3)
An official or employee whose duties are ministerial, if the private
employment or financial interest does not create a conflict of interest
or the appearance of a conflict of interest, as permitted by and in
accordance with regulations adopted by the Commission; or
(4)
Employment or financial interests allowed by regulation of the Commission
if the employment does not create a conflict of interest or the appearance
of a conflict of interest or the financial interest is disclosed.
A.
A former official or employee may not work for, contract with, assist
or represent any party other than the Town for compensation in a case,
contract, or other specific matter involving the Town if that matter
is one in which the former official or employee significantly participated
as an official or employee.
B.
A former elected official may not assist or represent another party
for compensation in a matter that is the subject of legislative action
by the Town of Chesapeake Beach for one calendar year after the elected
official leaves office.
Except in a judicial or quasi-judicial proceeding, a covered
person may not assist or represent a party for contingent compensation
in any matter before or involving the Town.
A.
A covered person may not solicit any gift for himself or herself,
nor directly solicit or facilitate the solicitation of a gift on behalf
of another person.
B.
A covered person may not knowingly accept a gift, directly or indirectly,
from an entity that the covered person knows or has reason to know:
[Amended 3-16-2023 by Ord. No. O-23-1; 7-20-2023 by Ord. No. O-23-20]
(1)
Is doing business with or seeking to do business with the Town;
(2)
Has financial interests that may be substantially affected, in a
manner distinguishable from the public generally, by the performance
or nonperformance of the official duties of the covered person;
(3)
Is engaged in an activity regulated or controlled by the Town;
(4)
Is an association, or any entity acting on behalf of an association
that is engaged only in representing counties or municipal corporations;
or
(5)
Has
requested or received, or is likely to request or receive, a grant
or other funding from the Town.
C.
(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 covered person at a meeting which is given in return for the
participation of him or her 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 covered person by blood or marriage,
or from any other individual who is a member of the covered person's
household; or
(8)
An honorarium for speaking to or participating in a meeting, provided
that the offering of the honorarium is not related in any way to the
covered person's official position.
D.
The preceding Subsection C does not apply to a gift:
(1)
That would tend to impair the impartiality and the independence of
judgment of the covered person receiving the gift;
(2)
Of significant value that would give the appearance of impairing
the impartiality and independence of judgment of the covered person;
or
(3)
Of significant value that the recipient/covered person believes or
has reason to believe is designed to impair his or her impartiality
and independence of judgment.
A.
No one who assists the Town in drafting specifications, invitations
for bids, or requests for proposals for a procurement may submit a
bid or proposal for that procurement, or assist another to do so.
B.
An entity that employs someone who assists the Town in the drafting
of specifications, an invitation for bids, or a request for proposals
for a procurement may not submit a bid or proposal for that procurement
or assist or represent another person, directly or indirectly, who
is submitting a bid or proposal for the procurement.
C.
The Commission may establish exemptions from the requirements of
this section for providing descriptive literature, sole-source procurements,
and written comments solicited by the Town.
[Amended 3-16-2023 by Ord. No. O-23-1]
A covered person or a former covered person may not disclose
or use confidential information that he or she acquired by reason
of his or her public position or former public position, and that
is not available to the public, for the economic benefit of the covered
person or anyone else.
[Added 3-16-2023 by Ord. No. O-23-1]
An official or employee may not retaliate against an individual
for reporting or participating in an investigation of a potential
violation of this chapter.
