[Amended 12-5-2016 by
HO-2016-02]
Except as provided in §
10-9, the provisions of this chapter shall apply to the Mayor, City Council members, City Administrator, Treasurer, Clerk, Department Directors, members of City boards and commissions, all City employees, candidates for elective City office and persons lobbying under §
10-11 before City officials, boards or commissions.
[Amended 8-6-2018 by
HO 2018-02]
A. All City elected officials, officials appointed to City boards and
commissions subject to this chapter, and employees are subject to
this section.
B. Unless otherwise permitted by Commission regulation or opinion or
in the exercise of an administrative or ministerial duty that does
not affect the disposition or decision of the matter at issue, an
official or employee may not participate on behalf of the City in:
(1) Any matter in which, to the knowledge of the official or employee,
the official or employee, or a qualified relative of the official
or employee has an interest.
(2) Any matter in which any of the following is a party:
(a)
A business entity in which the official or employee has a direct
financial interest of which the official or employee may reasonably
be expected to know;
(b)
A business entity for which the official, employee or, a qualified
relative of the official or employee is an officer, director, trustee,
partner, or employee;
(c)
A business entity with which the official or employee or, to
the knowledge of the official or employee, a qualified relative is
negotiating employment or has any arrangement concerning prospective
employment.
(d)
If the contract reasonably could be expected to result in a
conflict between the private interests of the official or employee
and the official duties of the official or employee, a business entity
that is a party to an existing contract with the official or employee,
or which, to the knowledge of the official or employee, is a party
to a contract with a qualified relative;
(e)
An entity, doing business with the City, in which a direct financial
interest is owned by another entity in which the official or employee
has a direct financial interest, if the official or employee may be
reasonably expected to know of both direct financial interest; or
(f)
A business entity that:
[1]
The official or employee knows is a creditor or oblige of the
official or employee or a qualified relative of the official or employee
with respect to a thing of economic value; and
[2]
As a creditor or obligee, is in a position to directly and substantially
affect the interest of the official or employee or a qualified relative
of the official or employee.
(3) A person who is disqualified from participating under paragraphs
1 or 2 of this subsection shall disclose the nature and circumstances
of the conflict and may participate or act if:
(a)
The disqualification leaves a body with less than a quorum capable
of acting;
(b)
The disqualified official or employee is required by law to
act; or
(c)
The disqualified official or employee is the only person authorized
to act.
(4) The prohibitions of paragraph 1 and 2 of this subsection do not apply
if participation is allowed by regulation or opinion of the Commission.
(5) A former regulated lobbyist who is or becomes subject to this chapter
as an employee or official, other than an elected official or an appointed
official, may not participate in a case, contract, or other specific
matter as an employee or official, other than an elected official
or appointed official, for one calendar year after the termination
of the registration of the former regulated lobbyist if the former
regulated lobbyist previously assisted or represented another party
for compensation in the matter.
(6) All persons subject to this chapter shall file a statement with the Commission disclosing any interest or employment, the holding of which would require disqualification from participation pursuant to §
10-6 of this chapter, as soon as possible and at least seven days before such matter is scheduled to occur.
C. Employment and financial interest restrictions.
(1) Except as permitted by regulation of the Commission when the interest
is disclosed or when the employment does not create a conflict of
interest or appearance of conflict, an official or employee may not:
(a)
Be employed by or have a financial interest in any entity:
[1]
Subject to the authority of the official or employee or the
City agency, board, commission with which the official or employee
is affiliated; or
[2]
That is negotiating or has entered a contract with the agency,
board, or commission with which the official or employee is affiliated;
or
(b)
Hold any other employment relationship that would impair the
impartiality or independence of judgment of the official or employee.
(2) This prohibition does not apply to:
(a)
An official or employee who is appointed to a regulatory or
licensing authority pursuant to a statutory requirement that person
subject to the jurisdiction of the authority be represented in appointments
to the authority;
(b)
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;
(c)
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
(d)
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.
D. Post-employment limitations and restrictions.
(1) A former official or employee may not assist or represent any party
other than the City for compensation in a case, contract, or other
specific matter involving the City if that matter is one in which
the former official or employee significantly participated as an official
or employee.
(2) A former elected official may not assist or represent another party
for compensation in a matter that is the subject of legislative action
for one calendar year after the elected official leaves office.
E. Contingent compensation. Except in a judicial or quasi-judicial proceeding,
an official or employee may not assist or represent a party for contingent
compensation in any matter before or involving the City.
F. Use of prestige of office.
(1)
(a)
An official or employee may not intentionally use the prestige
of office or public position:
[1]
For the private gain of that official or employee or the private
gain of another; or
[2]
To influence, except as part of the official duties of the official
or employee or as a usual and customary constituent service without
additional compensation, the award of a State or local contract to
a specific person
(b)
An official not directly or indirectly initiate a solicitation
for a person to retain the compensated services of a particular regulated
lobbyist or lobbying firm.
(2) This subsection does not prohibit the performance of usual and customary
constituent services by an elected local official without additional
compensation.
(3)
(a)
An official, other than an elected official, or employee may
not use public resources or the title of the official or employee
to solicit a contribution as that term is defined in the Election
Law Article.
(b)
An elected official may not use public resources to solicit
a contribution as that term is defined in the Election Law Article.
The Commission or, if appropriate, the Council may, after consultation
with the City Attorney grant exemptions to or modifications of this
chapter as to persons subject to this chapter where it finds that
the application of this chapter would constitute an unreasonable invasion
of privacy or otherwise constitute an unreasonable hardship and would
significantly reduce the availability of qualified persons for public
service and if it also finds that the exemption or modification would
not be contrary to the purposes of this chapter.
[Amended 8-6-2018 by
HO 2018-02]
A. This section applies to all local elected officials and candidates for any City elected position elected officials. Except as provided in subsection
B of this section, a local elected official or a candidate to be a local elected official shall file the financial disclosure statement required under this section:
(1) On a form provided by the Commission;
(2) Under oath or affirmation; and
(4) Deadlines for filing statements.
(a)
An incumbent local elected official shall file a financial disclosure
statement annually no later than April 30 of each year for the preceding
calendar year.
(b)
An individual who is appointed to fill a vacancy in an office
for which a financial disclosure statement is required and who has
not already filed a financial disclosure statement shall file a statement
for the preceding calendar year within 30 days after appointment.
(c)
An individual who, other than by reason of death, leaves an
office for which a statement is required shall file a statement within
60 days after leaving the office. The statement shall cover:
[1]
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
[2]
The portion of the current calendar year during which the individual
had the office.
B. Candidates to be local elected officials. Except for an official
who has filed a financial disclosure statement under another provision
of this section for the reporting period, a candidate to be an elected
local official shall file a financial disclosure statement each year
beginning with the year in which the certificate of candidacy is filed
through the year of the election.
(1) A candidate to be an elected local official shall file a statement
required under this section:
(a)
In the year the certificate of candidacy is filed, no later
than the filing of the certificate of candidacy;
(b)
In the year of the election, on or before the earlier of April
30 or the last day of the withdrawal of candidacy; and
(c)
In all other years for which a statement is required, on or
before April 30.
(2) A candidate to be an elected official:
(a)
May file the statement required under § 10-9(B)(1)(ii
and iii) of this chapter with the City of Hyattsville Clerk or Board
of Election Supervisors with the certificate of candidacy or with
the Commission prior to filing the certificate of candidacy; and
(b)
Shall file the statements required under § 10-9(B)(1)(ii
and iii) with the Commission.
(3) If a candidate fails to file a statement required by this section in accordance with the deadline for filing applications for candidacy established in Chapter
8 of this Code, the candidate must file the statement required by this section no later than 5:00 p.m. on the second full business day after the City Clerk sends written notice to the candidate of the deficiency or the candidate is deemed to have withdrawn the application for candidacy. For the purposes of this subparagraph, time commences running upon the Clerk transmitting the written notice by electronic or other means.
(4) The City Clerk or Board Election Supervisors may not accept any certificate
of candidacy unless a statement has been filed in proper form.
(5) Within 30 days of the receipt of a statement required under this
section, the City Clerk or Board of Election Supervisors shall forward
the statement to the Commission or the office designated by the Commission.
C. The Commission or office designated by the Commission shall maintain
all financial disclosure statements filed under this section. Financial
disclosure statements shall be made available during normal office
hours for examination and copying by the public subject to reasonable
fees and administrative procedures established by the Commission.
(1) If an individual examines or copies a financial disclosure statement,
the Commission or the office designated by the Commission shall record:
(a)
The name and home address of the individual reviewing or copying
the statement; and
(b)
The name of the person whose financial disclosure statement
was examined or copied.
(2) Upon request by the official or employee whose financial disclosure
statement was examined or copied, the Commission or the office designated
by the Commission shall provide the official with a copy of the name
and home address of the person who reviewed the official's financial
disclosure statement.
(3) For statements filed after January 1, 2019, the Commission or the
office designated by the Commission may not provide public access
to an individual's home address that the individual has designated
as the individual's home address.
(4) The
Commission or office designated by the Commission shall not provide
public access to information related to consideration received from:
[Added 1-3-2023 by Ord. No. 2022-08]
(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.
(5) The Commission or the office designated by the Commission shall make
financial disclosure statements or a summary thereof available online.
The Commission or the office designated by the Commission shall take
appropriate measures to mitigate the risk of identify theft. Those
steps may include posting online a redacted version of the financial
disclosure statement or posting a summary of the financial disclosure
statement that is completed by the official or employee for the purpose
of the online posting. Under all circumstances the original, unaltered
financial disclosure statement shall be maintained by the Commission
or office designated by it but not posted online.
D. The Commission or the office designated by the Commission shall retain
financial disclosure statements for four years from the date of receipt.
E. 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 1-3-2023 by Ord. No. 2022-08]
F. At a minimum, the financial disclosure statement form shall contain
the following information:
(1) Interests in real property.
(a)
A statement filed under this section shall include a schedule
of all interests in real property wherever located.
(b)
For each interest in real property, the schedule shall include:
[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 person with an interest in the property.
(2) Interests in corporations and partnerships.
(a)
A statement filed under this section shall include a schedule
of all interests in any corporation, partnership, limited liability
partnership, or limited liability corporation, regardless of whether
the corporation or partnership does business with the City of Hyattsville.
(b)
For each interest reported under this paragraph, the schedule
shall include:
[1]
The name and address of the principal office of the corporation,
partnership, limited liability partnership, or limited liability corporation;
[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.
(c)
An individual may satisfy the requirement to report the amount
of the interest held under item 2ii of this paragraph by reporting,
instead of a dollar amount:
[1]
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
[2]
For an equity interest in a partnership, the percentage of equity
interest held.
(3) Interests in business entities doing business with the City Hyattsville.
(a)
A statement filed under this section shall include a schedule
of all interests in any business entity that does business with the
City of Hyattsville, other than interests reported under paragraph
2 of this subsection.
(b)
For each interest reported under this paragraph, the schedule
shall include:
[1]
The name and address of the principal office of the business
entity;
[2]
The nature and amount of the interest held, including any conditions
to and encumbrances in 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 in
exchange 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.
(4) Gifts.
(a)
A statement filed under this section shall include a schedule
of 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 person who does business with
or is regulated by the City of Hyattsville or from an association,
or any entity on behalf of an association that is engaged only in
representing counties or municipal corporations.
[Amended 1-3-2023 by Ord. No. 2022-08]
(b)
For each gift reported, the schedule shall include:
[1]
A description of the nature and value of the gift; and
[2]
The identity of the person from whom, or on behalf of whom,
directly or indirectly, the gift was received.
(5) Employment with or interests in entities doing business with the
City of Hyattsville.
(a)
A statement filed under this section shall include a schedule
of all offices, directorships, and salaried employment by the individual
or member of the immediate family of the individual held at any time
during the reporting period with entities doing business with the
City of Hyattsville.
(b)
For each position reported under this paragraph, the schedule
shall include:
[1]
The name and address of the principal office of the business
entity;
[2]
The title and nature of the office, directorship, or salaried
employment held and the date it commenced; and
[3]
The name of each City of Hyattsville agency with which the entity
is involved.
(6) Indebtedness to entities doing business with or regulated by the
individual's City of Hyattsville unit or department.
(a)
A statement filed under this section shall include a schedule
of all liabilities, excluding retail credit accounts, to persons doing
business with or regulated by the individual's City of Hyattsville
unit or department owed at any time during the reporting period:
[2]
By a member of the immediate family of the individual if the
individual was involved in the transaction giving rise to the liability.
(b)
For each liability reported under this paragraph, the schedule
shall include:
[1]
The identity of the person to whom the liability was owed and
the date the liability was incurred;
[2]
The amount of the liability owed as of the end of the reporting
period;
[3]
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
[4]
The security given, if any, for the liability.
(7) A statement filed under this section shall include a schedule of
the immediate family members of the individual employed by the City
of Hyattsville in any capacity at any time during the reporting period.
(8) Sources of earned income.
(a)
A statement filed under this section shall include a schedule
of the name and address of each place of employment and of each business
entity of which the individual or a member of the individual's immediate
family was a sole or partial owner and form which the individual or
member of the individual's immediate family received earned income,
at any time during the reporting period.
(b)
A minor child's employment or business ownership need not be
disclosed if the agency that employs the individual does not regulate,
exercise authority over, or contract with the place of employment
or business entity of the minor child.
(c)
For a statement filed on or after January 1, 2019, if the individual's
spouse is a lobbyist regulated by the City of Hyattsville, the individual
shall disclose the entity that has engaged the spouse for lobbying
purposes.
(9) Relationship with University of Maryland Medical
System, state or local government, or quasi-governmental entity.
[Added 1-3-2023 by Ord. No. 2022-08]
(a) An
individual shall disclose the information specified in General Provisions
Article § 5-607(j)(1), Annotated Code of Maryland, for financial
or contractual relationship with:
[1] The University of Maryland Medical System;
[2] A governmental entity of the state or a local government in the state;
or
[3] A quasi-governmental entity of the state or local government in the
state.
(b) For
each financial or contractual relationship reported, the schedule
shall include:
[1] A description of the relationship;
[2] The subject matter of the relationship; and
(10) A statement filed under this section may also include a schedule
of additional interests or information that the individual making
the statement wishes to disclose.
G. For the purposes of this section, the following interests are considered
to be the interests of the individual making the statement:
(1) An interest held by a member of the individual's immediate family,
if the interest was, at any time during the reporting period, directly
or indirectly controlled by the individual.
(2) An interest held at any time during the applicable period, by:
[Amended 1-3-2023 by Ord. No. 2022-08]
(a) A
business entity in which the individual held a 10% or greater interest;
(b) A business entity described in Subsection
G(2)(a) of this subsection in which the business entity held a 25% or greater interest;
(c) A business entity described in Subsection
G(2)(b) of this subsection 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 an estate in which, at any time during
the reporting period:
(a)
The individual held a reversionary interest or was a beneficiary;
or
(b)
If a revocable trust, the individual was a settlor.
H. The Commission shall review the financial disclosure statement submitted
under this section for compliance with the provisions of this section
and shall notify an individual submitting the statement of any omissions
or deficiencies. The City of Hyattsville Ethics Commission may take
appropriate enforcement action to ensure compliance with this section.
[Amended 12-5-2016 by
HO-2016-02]
A. All officials, including, but not limited to the Administrator, Treasurer,
Clerk, Department Directors and any appointed official on a board
with decision-making authority, such as the election supervisors and
the members of the Ethics Commission shall:
(1) File a financial disclosure statement when the personal interest
of the official will present a potential conflict with the public
interest in connection with an anticipated public action of the local
official. The content of the financial disclosure statement shall
be limited to the areas of potential conflict and shall be filed no
less than seven days in advance of the action to allow for adequate
public disclosure.
(2) File a financial disclosure statement by April 30 of each year to
report on gifts received by the local official disclosing gifts during
the preceding calendar year from any person that contracts with or
is regulated by the City of Hyattsville, including the name of the
donor of the gift and the approximate retail value at the time or
receipt.
B. The Commission shall maintain all disclosure statements filed under this section as public records available for public inspection and copying as provided in §
10-12 of this chapter.
All statements of disclosure required by this chapter shall
be filed with the Commission and shall be available for public inspection
and copying at the City Office during normal business hours. The City
Clerk shall be the custodian of all records of the Commission.
In this chapter the following words have the meanings indicated:
BUSINESS ENTITY
Any corporation, limited liability company, general or limited
partnership, sole proprietorship (including a private consulting operation),
joint venture, unincorporated association or firm, institution, trust,
foundation or other organization, whether organized for profit or
not.
CHILDREN
All biological and adopted children, stepchildren, wards,
foster children, regardless of age.
CITY
The City of Hyattsville.
COMMISSION
The Ethics Commission of the City of Hyattsville.
COMPLAINANT
A person who files a written statement with the Ethics Commission alleging a violation of any of the provisions of this chapter or chapter
8 of this Code.
EMPLOYEE
A person hired and compensated to perform work for the City
under the direct supervision of the City. The independent contractors
the City may contract with, such as the City Attorney, auditors, architects,
engineers, etc., are not employees.
EMPLOYER
An entity that pays or agrees to pay compensation to another
entity for services rendered.
FAMILY MEMBER
A.
Any brother, sister, parent, child, spouse or domestic partner
of a person subject to this chapter, or
B.
One who is related to a person subject to this chapter by blood,
marriage, other legal arrangement (guardian, domestic partner) or
adoption is a member of the person's household.
FINANCIAL INTEREST
(1) ownership of an interest resulting in the receipt or
entitlement of more than $100 within the past three years, currently,
or in the future; or (2) ownership of more than 3% of a business entity
by a City official or employee or his/her spouse.
GIFT
Except as specified in subsection (B) of this section, the
transfer of anything of economic value, regardless of form, without
adequate and lawful consideration. "Gift" shall not include acceptance
or the receipt of political contributions for an election campaign.
HOUSEHOLD
Sharing a person's legal residence.
INTEREST
A.
A legal or equitable economic interest, whether or not subject
to an encumbrance or condition, that is owned or held wholly or partly,
jointly or severally, or directly or indirectly.
B.
"Interest" shall 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;
(3)
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
(4)
A common trust fund or a trust fund 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 under § 401 or § 501 of the internal revenue
code.
QUALIFIED RELATIVE
A parent, child, sibling or spouse for use in the participation
restrictions of the conflict of interest provisions.
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 1-3-2023 by Ord. No. 2022-08]
RESPONDENT
Any person named in a written statement filed with a complaint or initiated by the commission alleging a violation by such person of any of the provisions of this chapter or Chapter
8 of this Code.