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Town of Chesapeake Beach, MD
Calvert County
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Table of Contents
Table of Contents
This article applies to:
A. 
All local elected officials and candidates to be local elected officials;
B. 
Appointed officials; and
[Amended 7-20-2023 by Ord. No. O-23-20]
C. 
Where a position is filled through a contract with a firm, effective one year from the adoption of this chapter, the firm itself.
[Amended 7-20-2023 by Ord. No. O-23-20]
Those covered by this article shall file the public disclosure statement required under this section with the Commission, on a form provided by the Commission, and signed as true under penalty of perjury.
A. 
Deadlines for incumbent elected and appointed officials.
(1) 
An incumbent elected or appointed official shall file a public disclosure statement annually no later than April 30 of each year for the preceding calendar year.
[Amended 7-20-2023 by Ord. No. O-23-20]
(2) 
An individual who is appointed to fill a vacancy in an office for which a public disclosure statement is required and who has not already filed a public disclosure statement shall file a statement for the preceding calendar year within 30 days after appointment.
[Amended 7-20-2023 by Ord. No. O-23-20]
(3) 
An individual who leaves an office for which a statement is required shall file a statement within 60 days after leaving the office. The statement shall cover the calendar year immediately preceding the year in which the individual left office, unless a statement covering that year has already been filed by the individual, and the portion of the current calendar year during which the individual held the office.
B. 
Deadline for statements by candidates for elected office. Candidates for elected office, including incumbents, shall include a public disclosure statement, covering the preceding calendar year and the current year up to July 31, along with their declaration of candidacy which is filed with the Town Clerk at least 56 days prior to the election in accordance with § 22-26 of this Code. If the declaration of candidacy is filed before July 31, the candidate shall by August 15 file a replacement disclosure statement covering the period through July 31.
[Amended 7-20-2023 by Ord. No. O-23-20]
Each statement must include schedules providing the following information:
A. 
Interests in real property. For appointed officials, the addresses of interests in real property located in the Town of Chesapeake Beach, or within 10 miles of the boundaries of Chesapeake Beach. For elected officials and candidates for election, a list of all interests in real property, wherever located, and for each property of the filer a statement of:
[Amended 7-20-2023 by Ord. No. O-23-20]
(1) 
The nature of the property and the location by street address, mailing address, or legal description of the property;
(2) 
The nature and extent of the interest held, including any conditions and encumbrances on the interest;
(3) 
The date when, the manner in which, and the identity of the person from whom the interest was acquired;
(4) 
The nature and amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the interest at the time acquired;
(5) 
If any interest was transferred, in whole or in part, at any time during the reporting period, a description of the interest transferred, the nature and amount of the consideration received for the interest, and the identity of the person to whom the interest was transferred; and
(6) 
The identity of any other entity with an interest in the property.
B. 
Interest in business entities. For appointed officials, the name and address of any business entity doing business with the Town, in which the filer has a financial interest. For elected officials and candidates for election, the name and address of any business entity, regardless of whether or not it does business with the Town, in which the filer has a financial interest, and for each entity, a statement of:
[Amended 7-20-2023 by Ord. No. O-23-20]
(1) 
The name and address of the principal office of the entity;
(2) 
The nature and amount of the interest held, including any conditions and encumbrances on the interest;
(3) 
With respect to any interest transferred, in whole or in part, at any time during the reporting period, a description of the interest transferred, the nature and amount of the consideration received for the interest, and, if known, the identity of the person to whom the interest was transferred; and
(4) 
With respect to any interest acquired during the reporting period:
(a) 
The date when, the manner in which, and the identity of the person from whom the interest was acquired; and
(b) 
The nature and the amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the interest at the time acquired.
(5) 
An individual may satisfy the requirement to report the amount of the interest held under Subsection B(2) by reporting, instead of a dollar amount:
(a) 
For an equity interest in a corporation, the number of shares held and, unless the corporation's stock is publicly traded, the percentage of equity interest held; or
(b) 
For an equity interest in a partnership, the percentage of equity interest held.
(6) 
Interests in mutual funds and exchange traded funds may be excluded from the disclosure of corporate interests otherwise required by this subsection.
C. 
Employment with or interests in entities doing business with the Town:
(1) 
A list of all entities doing business with the Town during the reporting period in which:
(a) 
The filer or a close relative held an office, directorship, or salaried employment.
(b) 
The filer or a close relative sought employment.
(c) 
The filer or a close relative had a contract.
(d) 
The filer had a direct financial interest in an entity which had a direct financial interest in the one doing business with the Town.
(2) 
For each position reported under this subsection, the schedule shall include:
(a) 
The name and address of the principal office of the business entity; and
(b) 
The title and nature of the office, directorship, or salaried employment held and the date it commenced.
D. 
Indebtedness to entities doing business with the Town:
(1) 
A list of all liabilities, excluding retail credit accounts, to entities doing business with the Town owed at any time during the reporting period by the covered person; or by a close relative if the relative was involved in the transaction giving rise to the liability.
[Amended 7-20-2023 by Ord. No. O-23-20]
(2) 
For each liability reported under this subsection, the schedule shall include:
(a) 
The identity of the entity to whom the liability was owed and the date the liability was incurred;
[Amended 7-20-2023 by Ord. No. O-23-20]
(b) 
The amount of the liability owed as of the end of the reporting period;
(c) 
The terms of payment of the liability and the extent to which the principal amount of the liability was increased or reduced during the year; and
(d) 
The security given, if any, for the liability.
E. 
Gifts:
(1) 
Each gift in excess of $20 in value or a series of gifts totaling $100 or more received during the reporting period from or on behalf of, directly or indirectly, any one entity who does business with or is regulated by the Town, or from an association, or any entity acting on behalf of an association that is engaged only in representing counties or municipal corporations.
[Amended 3-16-2023 by Ord. No. O-23-1; 7-20-2023 by Ord. No. O-23-20]
(2) 
For each gift reported, the schedule shall include a description of the nature and value of the gift and the identity of the person from whom, or on behalf of whom, directly or indirectly, the gift was received.
[Amended 7-20-2023 by Ord. No. O-23-20]
(3) 
Each instance in which the filer solicited, or facilitated the solicitation of, a gift to the filer or anyone else.
F. 
Sources of earned income:
(1) 
The name and address of each place of employment and of each business entity of which the filer or a close relative was a sole or partial owner and from which the filer or a close relative received earned income at any time during the reporting period.
(2) 
A minor child's employment or business ownership need not be disclosed if the entity that employs the individual does not regulate, exercise authority over, or contract with the place of employment or business entity of the minor child.
[Amended 7-20-2023 by Ord. No. O-23-20]
(3) 
Appointed officials need provide information only as to entities located in the Town or doing business with the Town.
G. 
Close relatives: A list of the close relatives of the filer employed by the Town in any capacity at any time during the reporting period.
[Amended 7-20-2023 by Ord. No. O-23-20]
H. 
Contingent compensation: All instances in which the filer assisted or represented a party for contingent compensation on any matter before or involving the Town, other than in judicial or quasi-judicial proceedings.
I. 
Prestige of position:
(1) 
Each instance in which the filer used or attempted to use the prestige of his or her office or public position for the private gain of the filer or anyone else.
(2) 
Each instance the filer influenced or attempted to influence the award of a Town contract to a specific person or entity.
J. 
Confidential information: Each instance in which the filer disclosed or used confidential information, acquired by reason of the filer's Town position, for the economic benefit of the filer or anyone else.
K. 
Financial or contractual relationships:
[Added 3-16-2023 by Ord. No. O-23-1]
(1) 
The covered person shall disclose the information specified in § 5-607(j)(1) of the General Provisions Article of the Annotated Code of Maryland for any financial or contractual relationship with:
(a) 
The University of Maryland medical system;
(b) 
A governmental entity of the state or a local government in the state; or
(c) 
A quasi-governmental entity of the state or local government in the state.
(2) 
For each financial or contractual relationship reported, the schedule shall include:
(a) 
A description of the relationship;
(b) 
The subject matter of the relationship; and
(c) 
The consideration.
L. 
An individual who is required to disclose the name of a business under this section shall disclose any other names that the business is trading as or doing business as.
[Added 3-16-2023 by Ord. No. O-23-1]
[Amended 7-20-2023 by Ord. No. O-23-20]
The Commission shall review the public disclosure statements submitted under this article and shall notify the filer of any omissions or deficiencies, including a failure to sign or a failure to complete each form, which the filer shall remedy within one week after notice. The Commission shall investigate any violations of this chapter which appear to be revealed in a filer's disclosures.
[Added 3-16-2023 by Ord. No. O-23-1]
The Commission or office designated by the Commission shall not provide public access to information related to consideration received from:
A. 
The University of Maryland medical system;
B. 
A governmental entity of the state or a local government in the state; or
C. 
A quasi-governmental entity of the state or local government in the state.