[Amended 10-21-2013 by Ord. No. O-6-13, effective 12-12-2013; by Ord. No. O-4-15, effective 4-15-2015]
This article may be cited as the "Bowie Public Ethics Ordinance."
A.
The City of Bowie, recognizing that our system of representative government is dependent in part upon the residents maintaining the highest trust in their public officials and employees, finds and declares that the residents have a right to be assured that the impartiality and independent judgment of public officials and employees will be maintained.
B.
This trust is eroded when the conduct of City business is subject to improper influence or the appearance of improper influence.
C.
In order to accomplish the City Council's commitment to avoiding of improper influence, the City Council enacts this Public Ethics Ordinance to require City elected officials, candidates to be City elected officials and those City employees and individuals appointed to boards and commissions listed in §§ 2-71 and 2-72 of this article to disclose financial affairs and to set minimum standards for all City employees and officials for the conduct of City business.
D.
It is the intention of the City Council that this article be liberally construed to accomplish its stated purpose.
The words used in this article shall have their normal accepted meanings except as set forth below:
Any corporation, general or limited partnership, sole proprietorship, joint venture, unincorporated association or firm, institution, trust, foundation, or other organization, whether or not operated for profit. "Business entity" does not include a governmental entity.
The City of Bowie Ethics Commission established under § 2-69 of this article.
Money or any thing of value, regardless of form, received or to be received by any individual covered by this article from an employer for service rendered. For purposes of § 2-73A, Lobbying, if lobbying is only a portion of a person's employment, "compensation" means a prorated amount based on the time devoted to lobbying compared to the time devoted to other employment duties.
Having or negotiating a contract that involves the commitment, either in a single transaction or a combination of transactions, of $5,000 or more of City or City-controlled funds, or being regulated by or otherwise subject to the authority of the City, or being registered as a lobbyist in accordance with § 2-73A of this article.
Any individual who holds an elective office of the City.
An individual who is employed by the City. "Employee" does not include an elected official.
Ownership of any interest as the result of which the owner has received, within any of the past three years, or is presently receiving, or in the future is entitled to receive, more than $1,000 per year; or
Ownership, or the ownership of securities of the kind representing or convertible into ownership, of more than 3% of a business entity by a City official or employee, or the spouse of an official or employee.
The transfer of anything of economic value regardless of the form without adequate and lawful consideration. "Gift" does not include a political campaign contribution regulated under the Elections Article, Annotated Code of Maryland, or any other provision of state or local law regulating the conduct of elections or the receipt of political campaign contributions.
An individual's spouse and dependent children.
Any legal or equitable economic interest, whether or not subject to an encumbrance or a condition, that is owned or held, in whole or in part, jointly or severally, directly or indirectly. For purposes of § 2-71 of this article, "interest" includes any interest(s) held at any time during the reporting period. "Interest" does not include:
An interest held in the capacity of an agent, custodian, personal representative, trustee, or other fiduciary unless the holder has an equitable interest therein;
An interest in a time or demand deposit in a financial institution;
An interest in an insurance or endowment policy or annuity contract under which an insurer promises to pay a fixed number of dollars either in a lump sum or periodically for life or some other specified period;
A common trust fund or a trust that forms part of a pension or profit sharing plan that has more than 25 participants and that has been determined by the Internal Revenue Service to be a qualified trust under the Internal Revenue Code;
A college savings plan under the Internal Revenue Code; or
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 City.
A person or entity that engages in lobbying.
Any person elected or appointed to the Bowie City Council, and any person appointed to any City committee, board, commission, or similar entity having decisionmaking authority:
Includes an individual or business entity.
A spouse, parent, child, brother or sister.
A.
Ethics Commission.
(1)
There shall be a Bowie Ethics Commission, which shall consist of five regular members and two alternate members, all of whom shall be residents of the City and who shall be appointed by the City Council.
(2)
The Commission members shall serve two-year terms, except that a Commission member may serve until a successor is appointed and qualifies.
C.
Counsel.
(1)
The City Attorney or independent counsel appointed by the City Council shall assist the Commission in carrying out its duties.
(2)
If the City Attorney generally advises the Commission, and a conflict of interest under § 2-70 of this article or other conflict arises that prohibits the City Attorney from assisting the Commission in a matter, the City shall provide sufficient funds for the Commission to hire independent counsel for the duration of the conflict.
D.
The Commission shall be the advisory body responsible for interpreting this article and advising persons subject to it as to its application.
E.
The Commission shall hear and decide, with advice of the City Attorney, or other legal counsel if appropriate, all complaints filed regarding an alleged violation of this article by any person.
F.
The City Clerk shall be the custodian of all forms and documents generated by the Commission or submitted by any person in accordance with this article and shall retain as a public record all such forms for at least four years after receipt thereof by the Commission.
G.
The Commission shall conduct a public information and education program regarding the purpose and implementation of this article.
H.
The Commission shall certify to the State Ethics Commission on or before October 1 of each year that the City is in compliance with the requirements of Title 5, Subtitle 8, of the General Provisions Article of the Annotated Code of Maryland for elected officials.
[Amended 11-18-2024 by Ord. No. O-9-24]
I.
The Commission may recommend changes to this article that, in the Commission's opinion, may be required for the City to be in compliance with the requirements of Title 5, Subtitle 8, of the General Provisions Article of the Annotated Code of Maryland and shall forward any such recommended changes and amendments to the City Council for its consideration.
[Amended 11-18-2024 by Ord. No. O-9-24]
J.
Any person subject to the provisions of this article may request of the Commission an advisory opinion concerning the application of the provisions of this article. Such requests shall be in writing. The Commission shall respond to these requests, providing interpretations of this article based on the facts provided or reasonably available to it within 90 days of the request or as soon thereafter as is practical. In an advisory opinion, the Commission shall limit its findings to matters of law. Advisory opinions shall be limited to those facts and circumstances presented to the Commission by the requestor. Copies of the advisory opinions, with the identity of the subject(s) deleted, shall be published and otherwise made available to the public in accordance with all applicable state and City of Bowie laws regarding public records.
K.
Complaints.
[Amended 9-21-2015 by Ord. No. O-12-15, effective 10-21-2015]
(1)
Any person may file a complaint with the Commission alleging a violation of any of the provisions of this article. A complaint shall be in writing and under oath. A complaint must be filed not later than:
(a)
One year from the date of the earliest act or omission giving rise to the alleged violation; or
(b)
One year from the date that the alleged violation became, or reasonably could have become, known to the general public if the earliest act or omission giving rise to the alleged violation was not known, or reasonably could not have been known, to the general public within one year from the date of the act or omission.
(2)
The Commission may refer a complaint to the City Attorney or other legal counsel, if appropriate, for investigation and review. If after receiving an investigative report the Commission determines there are insufficient facts upon which to base a determination of violation, it may dismiss the complaint. If there is a reasonable basis for believing a violation has occurred then the subject of the complaint shall be given an opportunity for a hearing conducted on the record. Any final determination of a violation resulting from the hearing shall include findings of fact and conclusions of law. Upon a finding of a violation, the Commission may take any enforcement action provided for in § 2-73B of this article. After a complaint is filed and until a final determination by the Commission, all actions regarding a complaint shall be treated confidentially. A finding of a violation is public information.
L.
Exemptions or modifications.
(1)
The Commission may grant exemptions to or modifications of the conflict of interest and financial disclosure provisions of this article to elected officials, employees and persons serving as members of City boards and committees when the Commission finds that the exemption or modification would not be contrary to the purposes of this article and the application of this article would:
(2)
Any exemption or modification granted by the Commission shall be limited to the facts and circumstances presented to the Commission upon which the Commission based its decision to grant the exemption or modification. Any exemption or modification shall not extend to any change in circumstances of the requestor.
A.
Participation prohibitions.
(1)
Except as permitted by Commission regulation or opinion, an official or employee may not participate in:
(a)
Any matter, except in the exercise of an administrative or ministerial duty that does not affect the disposition or decision with respect to that matter, if, to his knowledge, the official or employee or a qualified relative of the official or employee has an interest therein.
(b)
Any matter, except in the exercise of an administrative or ministerial duty that does not affect the disposition or decision with respect to the matter, when any of the following is party thereto:
[1]
Any business entity in which the official or employee has a direct financial interest of which he may reasonably be expected to know;
[2]
Any business entity for which the official, employee or qualified relative of the official or employee is an officer, director, trustee, partner, or employee;
[3]
Any business entity with which the official or employee or, to the knowledge of the official or employee, a qualified relative is negotiating or has any arrangement concerning prospective employment;
[4]
Any 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, if the contract could reasonably 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;
[5]
Any 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 interests; or
[6]
Any business entity that the official or employee knows is a creditor or obligee of the official or employee, or that of a qualified relative of the official or employee with respect to a thing of economic value and, as a creditor or obligee, is in a position to affect directly and substantially the interest of the official or employee or a qualified relative of the official or employee.
(2)
If a disqualification pursuant to Subsection A(1) of this section leaves any body with less than a quorum capable of acting, or if the disqualified official is required by law to act or is the only person authorized to act, the disqualified person shall disclose the nature and circumstances of the conflict and may participate or act.
B.
Employment and financial interest restrictions.
(1)
Except as permitted by regulation of the Commission when such 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 subject to his authority, or to that of the City agency, committee, board, or commission with which he is affiliated, or any entity that is negotiating or has entered a contract with the City; or
(b)
Hold any other employment relationship that would impair the impartiality or independence of judgment of the official or employee.
(2)
The prohibitions of Subsection B(1) of this section do not apply to:
(a)
An official or employee who is appointed to a regulatory or licensing authority, municipal association or trust organization serving governmental bodies, pursuant to a statutory requirement that persons subject to the jurisdiction of the authority be represented in appointments to it;
(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 it is publicly disclosed to the City 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 in accordance with regulations adopted by the Commission; or
(d)
Employment or financial interests allowed by 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.
C.
Post-employment limitations and restrictions.
(1)
A former official or employee may not assist or represent a 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 he significantly participated as an official or employee.
(2)
For a period of one year after an elected official leaves office, a former member of the City Council may not assist or represent another party for compensation in a matter that is the subject of legislative action. The activity prohibited under this section shall include communicating in the presence of a City official or employee with the intent to influence any official or employee and expending any funds for food, entertainment or other gifts for any City officials or employees in connection with such communication, or receiving any compensation for such communication or activity. In no event shall this prohibition be construed to include uncompensated communication with City officials or employees on one's own behalf or on behalf of City residents on matters of general public concern.
D.
Contingent compensation. An official or employee may not assist or represent a party for contingent compensation in any matter before or involving the City other than in a judicial or quasi-judicial proceeding.
E.
Use of prestige of office.
(1)
An official or employee may not intentionally use the prestige of his office or public position for his own private gain or that of another.
(2)
The performance of usual and customary constituent services, without additional compensation, does not constitute the use of the prestige of office for an official's or employee's private gain or that of another.
F.
Solicitation or acceptance of gifts.
(1)
An official or employee may not solicit any gift.
(2)
An official or employee may not knowingly directly solicit or facilitate the solicitation of a gift, on behalf of another person, from an individual regulated lobbyist.
(3)
No official or employee may knowingly accept any gift, directly or indirectly, from any person that he knows or has reason to know:
(a)
Is doing business with or is seeking to do business with the City;
(b)
Has financial interests that may be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of his official duties;
(c)
Is engaged in an activity regulated or controlled by the City; or
(d)
Is a lobbyist with respect to matters within the jurisdiction of the official or employee.
(4)
Unless a gift of any of the following would tend to impair the impartiality and the independence of judgment of the official or employee receiving it or, if of significant value that would give the appearance of doing so, or if of significant value, that the recipient official or employee believes, or has reason to believe, that it is designed to do so, Subsection F does not apply to:
(a)
Meals and beverages consumed in the presence of the donor or sponsoring entity;
(b)
Ceremonial gifts or awards which have insignificant monetary value;
(c)
Unsolicited gifts of nominal value that do not exceed $20 in cost or trivial items of informational value;
(d)
Reasonable expenses for food, travel, lodging, and scheduled entertainment of the official or the employee at a meeting which is given in return for participation in a panel or speaking engagement at the meeting;
(e)
Gifts of tickets or free admission extended to an elected official to attend charitable, cultural, or political events, if the purpose of this gift or admission is a courtesy or ceremony extended to the elected official's office;
(f)
A specific gift or class of gifts which 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 City and that the gift is purely personal and private in nature;
(g)
Gifts from a person related to the official or employee by blood or marriage or any other individual who is a member of the household of the official or employee; or
(h)
Honoraria for speaking to or participating in a meeting, provided that the offering of the honorarium is not related in any way to the official's or employee's position.
G.
Disclosure of confidential information. Other than in the discharge of his official duties, an official or employee may not disclose or use for his own economic benefit or that of another confidential information which he has acquired by reason of his public position and which is not available to the public.
H.
Participation in procurement.
(1)
An individual or a person that employs an individual who assists a City department 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. This subsection shall only apply to elected officials and former elected officials.
(2)
The Commission may establish exemptions from the requirements of this subsection for providing descriptive literature, sole source procurements and written comments solicited by the City.
A.
Applicability. This section applies to all elected officials and all candidates to be elected officials.
B.
Filing of financial disclosure statements. Except as provided in Subsection D below, each elected official and candidate to be an elected official shall file with the Commission the financial disclosure statement required under this section on a form provided by the Commission, under oath or affirmation.
C.
Deadlines for filing statements.
(1)
An elected City official shall file, on or before the 15th day of February of each year during that person's term in office, the statement required by this section, for the calendar year immediately preceding each such year in office. An individual who has not filed the required statement and who is appointed to fill a vacancy to the City Council shall file a statement covering the calendar year prior to his appointment within 30 days after appointment.
(2)
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:
D.
Candidates to be elected officials.
(1)
Except for an official or employee who has filed a financial disclosure statement pursuant to another provision of this article for the same year for which a statement otherwise would be required to be filed by this subsection, a candidate for City elected office shall file with the City Clerk or Board of Elections together with his certificate of candidacy, or with the Commission prior to filing the certificate of candidacy, a financial disclosure statement required by this section, for the calendar year immediately preceding the year in which the certificate of candidacy is filed and, if the certificate of candidacy is not filed in the year of the election, a candidate for City elective office shall also file a financial disclosure statement for the year immediately preceding the election in accordance with Subsection D(2)(b) below.
(2)
A candidate to be an elected official shall file a statement required under this section with the Commission:
(3)
If a candidate fails to file a statement required by this section after written notice of his obligation to do so is provided by the City Clerk or Board of Elections, given at least 20 days before the last day for the withdrawal of candidacy, he shall be deemed to have withdrawn his candidacy.
(4)
The City Clerk or Board of Elections may not accept any certificate of candidacy unless a statement in proper form has been filed.
E.
Public record. All financial disclosure statements filed pursuant to this section shall be maintained by the City Clerk and shall be made available during normal office hours for examination and copying by the public, subject, however, to such reasonable fees and administrative procedures as the City Council may establish from time to time. The forms shall be retained for four years from the date of receipt. Any person examining or copying these statements shall be required to record his name, home address, and the name of the person whose disclosure statement was examined or copied. This record shall be forwarded upon request to the person whose disclosure statement is so examined or copied. Notwithstanding the foregoing, the City Clerk may not make available for examination and copying by the public any portion of a financial disclosure statement that includes an individual's home address that the individual has identified as the individual's home address.
[Amended 2-3-2020 by Ord. No. O-1-20, effective 3-3-2020]
F.
Contents of statement. All financial disclosure statements filed pursuant to this section shall be on a form developed by the Commission with the assistance of the City Attorney and shall disclose the following interests, if known:
(1)
Interests in real property. A statement filed under this section shall include a schedule of all interests in real property wherever located. This schedule, as to each such interest, shall include:
(a)
The nature of the property and the location by street address, mailing address, or legal description of the property;
(b)
The nature and extent of the interest held, including any conditions thereto and encumbrances thereon;
(c)
The date when, the manner in which, and the identity of the person from whom the interest was acquired;
(d)
The nature and amount of the consideration given in exchange therefor or, if acquired other than by purchase, the fair market value of the interest at the time acquired;
(e)
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
(f)
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 business entities, regardless of whether they do business with the City.
(b)
For each interest reported under this Subsection F(2) 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 and encumbrances on the interest;
[3]
As to any interests 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 therefor and, if known, the identity of the person to whom the interest was transferred; and
[4]
As to any interests acquired during the reporting period, the date when, the manner in which, and the identity of the person from whom the interest was acquired and 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.
(3)
Interests in business entities doing business with the City. A statement filed under this section shall include a schedule of all interests in any business entity that does business with the City. For each interest reported under this subsection, the schedule shall include:
(a)
The name and address of the principal office of the business entity;
(b)
The nature and amount of the interest held, including any conditions to and encumbrances on the interest;
(c)
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
(d)
With respect to any interest acquired during the reporting period:
(4)
Gifts. A statement filed under this section shall include a schedule of each gift exceeding $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 the City. This schedule, as to each gift, 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.
(5)
Employment with or interests in entities doing business with the City.
(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 the time during the reporting period with entities doing business with the City.
(b)
For each position reported under this subsection, the schedule shall include:
(6)
Indebtedness to business entities doing business with the City.
(a)
A statement filed under this section shall include a schedule of all liabilities, excluding retail credit accounts, to business entities doing business with the City owed at any time during the reporting periods:
(b)
For each liability reported under this subsection, 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)
Employment with the City. A statement filed under this section shall include a list of the immediate family members of the individual employed by the City in any capacity at any time during the reporting period.
(8)
Sources of earned income.
[Amended 2-3-2020 by Ord. No. O-1-20, effective 3-3-2020]
(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 from 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 City 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 regulated lobbyist, the statement shall include the name and address of the entity that has engaged the spouse for lobbying purposes.
(9)
Additional information. A statement filed under this section may also include such additional interests or information as the person making the statement wishes to disclose.
[Amended 2-3-2020 by Ord. No. O-1-20, effective 3-3-2020]
G.
Interests attributable to person making statement. For the purposes of Subsection F(1), (2) and (3), the following interests shall be considered to be the interests of the person making the statement:
(1)
Any interest held by a member of the immediate family of the person making the statement, if such interest was at any time during the reporting period directly or indirectly controlled by the person making the statement.
(2)
Any interest held by a business entity in which the individual held a 30% or greater interest at any time during the reporting period.
(3)
Any interest held by a trust or an estate in which, at any time during the reporting period, the person making the statement held a reversionary interest or was a beneficiary or, if a revocable trust, was a settler. A trust, within the meaning of this subsection, does not include a common trust fund or a trust which forms part of a pension or profit-sharing plan which has more than 25 participants and which has been determined by the Internal Revenue Service to be a qualified trust under the appropriate sections of the Internal Revenue Code.
H.
Review of statements. The statements submitted pursuant to this section shall be reviewed by the Ethics Commission and the City Attorney for compliance with the provisions of this section, and officials and employees shall be notified of any omissions or deficiencies. The City Attorney shall refer evidence of any noncompliance with this section and/or § 2-72 to the Commission for appropriate action. The City Ethics Commission may take appropriate enforcement action to ensure compliance with this section.
I.
The Commission may, after consulting with counsel, grant exemptions to or modifications of this section as to elected City officials or candidates to be elected City officials, where it finds that the application of the section would constitute an unreasonable invasion of privacy and would significantly reduce the availability of qualified persons for public service and it also finds that the exemption or modification would not be contrary to the purposes of this article.
A.
This section applies to the following appointed officials and employees: the City Manager, Assistant City Manager, the City Clerk, the City Attorney, all department directors and assistant department directors, and members of the Bowie Advisory Planning Board, the Administrative Review Board, the Board of Elections, the Ethics Commission and the Board of Personnel Appeals.
B.
A statement filed under this section shall be filed with the Commission under oath or affirmation.
C.
On or before February 15 of each year during which an official or employee holds office, an official or employee shall file a statement disclosing gifts received during the preceding calendar year from any person that contracts with or is regulated by the City, including the name of the donor of the gift and the approximate value at the time of receipt.
D.
An official or employee shall disclose employment and interests that raise conflicts of interest in connection with a specific proposed action by the employee or official sufficiently in advance of the action to provide adequate disclosure to the public.
A.
Except as provided for in Subsections M and N of this section, any person or entity who engages in lobbying before the Council, or who acts as a lobbyist as defined in § 2-68, shall file a lobbying registration with the Commission on or before the beginning of the calendar year in which a person expects to lobby or before engaging in lobbying activities, if this person or entity, during the calendar year:
B.
The registration filed pursuant to this section shall be dated and on a form developed by the Commission with the assistance of the City Attorney, and shall include the following:
(1)
The lobbyist's full and legal name and permanent address;
(2)
The full and legal name and address and nature of business of any person or entity on whose behalf the lobbyist acts;
(3)
The written authorization of any person or entity on whose behalf the lobbyist acts or an authorized officer or agent, other than the lobbyist, of the person or entity on whose behalf the lobbyist acts;
(4)
A statement of whether the person or entity on whose behalf the lobbyist acts is exempt from registration pursuant to Subsection N of this section;
(5)
The identification by formal designation if known of matters on which the lobbyist expects to act;
(6)
The identification of the period of time within a single calendar year during which the lobbyist is authorized to engage in these activities, unless sooner terminated; and
(7)
The full legal signature of the lobbyist and, when appropriate, the person or entity on whose behalf he acts, or an agent or authorized officer thereof.
C.
A lobbyist shall file a separate registration for each such person or entity that has engaged or employed the lobbyist for lobbying purposes.
D.
A lobbyist may terminate his registration by providing written notice to the Commission. Any outstanding reports and registrations must be submitted with this notification. Termination shall be effective 30 days after receipt by the Commission of this notice properly filed.
E.
No person or entity may engage in lobbying activities on behalf of another person or entity for compensation, the payment of which is contingent upon the passage or defeat of any action by the City Council or the outcome of any executive action.
F.
Each lobbyist shall file with the Commission one report concerning the lobbyist's lobbying activities covering the period beginning January 1 through June 30, filed by July 31, and one report covering the period beginning July 1 through December 31, filed by January 31. If the lobbyist is not an individual, an authorized officer or agent of the entity shall sign the form. A separate activity report shall be filed for each person on whose behalf the lobbyist acts. The report shall include:
(1)
A complete and current statement of the information required to be supplied with the lobbyist's registration form.
(2)
Total expenditures on lobbying activities in each of the following categories:
(a)
Total compensation paid to the lobbyist not including expenses reported under Subsections B through I of this section;
(b)
Office expenses of the lobbyist;
(c)
Professional and technical research and assistance not reported in Subsection F(1) of this subsection;
(d)
Publications which expressly encourage persons to communicate with City officials or employees;
(e)
Names of witnesses, and the fees and expenses paid to each;
(f)
Meals and beverages for City officials or employees;
(g)
Reasonable expenses for food, lodging, and scheduled entertainment of City officials or employees at a meeting given in return for the official's or employee's participation in a panel or speaking engagement at the meeting;
(h)
Other gifts to or for officials or employees or their spouses or dependent children; and
(i)
Other expenses.
G.
With the six-month activity report required under Subsection F above, a lobbyist shall report, except for gifts reported in Subsection F(2)(g) above, gifts from the lobbyist with a cumulative value of $75 or more during the reporting period to an official, employee, or member of the immediate family of an official or employee, whether or not the gift was given in connection with the lobbyist's lobbying activities.
H.
If any report filed under this section contains the name of an official or employee or member of his immediate family, the Commission shall notify the official or employee within 30 days. The Commission shall keep the report confidential for 60 days following receipt by the Commission. Following notification of the inclusion of his name in a report filed by a lobbyist an official or employee shall have 30 days to file a written exception to the inclusion in the report of his name or the name of a member of the immediate family of the official or employee.
I.
The Commission may require a lobbyist to submit other reports as it deems necessary.
J.
All registrations and reports filed pursuant to this section shall be maintained by the Commission, or the City Clerk. The Commission shall make lobbying registrations and reports available during normal office hours for examination and copying by the public, subject to such reasonable fees and administrative procedures as may be established by the City Council or by the Commission. The forms shall be retained for four years from the date of receipt.
K.
The registration and reports filed pursuant to this section shall be reviewed by the Commission for compliance with the provisions of this section, and persons engaging in lobbying activities shall be notified of any omissions or deficiencies. The Commission may take appropriate enforcement action to ensure compliance with this section.
L.
The Commission shall compute and make available a subtotal under each of the nine required categories in Subsection F(2) above. The Commission shall compute and make available the total amount reported by all lobbyists for their lobbying activities during the reporting period.
M.
The following activities are exempt from regulation under this section:
(1)
Professional services in drafting bills or in advising and rendering opinions to clients as to the construction and effect of proposed or pending City Council actions when these services do not otherwise constitute lobbying activities.
(2)
Appearances before the City Council upon its specific invitation or request, but only if the person or entity engages in no further or other activities in connection with the passage or defeat of City Council actions.
(3)
Appearances as part of the official duties of a duly elected or appointed official or employee of the state or a political subdivision of the state or of the United States and not on behalf of any other entity.
(4)
Actions of a publisher or working member of the press, radio, or television in the ordinary course of business of disseminating news or making editorial comment to the general public who does not engage in further or other lobbying that would directly and specifically benefit the economic, business, or professional interests of the person or entity or the employer of the person or entity.
(5)
Appearances by an individual before the City Council at the specific invitation or request of a registered lobbyist if the person performs no other lobbying act and notifies the City Council that the person or entity is testifying at the request of the lobbyist.
(6)
Appearances by an individual before a government agency at the specific invitation or request of a registered lobbyist if the person or entity performs no other lobbying act and notifies the agency that the person or entity is testifying at the request of the lobbyist.
(7)
The representation of a bona fide religious organization solely for the purpose of protecting the right of its own members to practice the doctrine of the organization.
(8)
Appearances as part of the official duties of an officer, director, member, or employee of an association engaged exclusively in lobbying for counties and municipalities and not in behalf of any other entity.
N.
A person or entity who compensates one or more lobbyists and who would otherwise be required to register as a lobbyist and submit reports pursuant to this section is not required to file a registration and file lobbying reports if he reasonably believes that all expenses incurred in connection with his lobbying activities will be reported by a properly registered person or entity acting of his behalf. The authorization required by Subsection B(3) of this section shall be completed by these individuals as to persons acting on their behalf. Persons or entities exempted herein, however, become subject to the provisions of this section immediately upon failure of the lobbyist to report any information required by this section.
A.
Upon a finding of a violation of any provision of this article, the Commission may:
B.
C.
Upon request of the City Council, the City Attorney may file a petition for injunctive or other relief in the Circuit Court for Prince George's County, or in any other court having proper venue for the purpose of requiring compliance with provisions of this article. The City Attorney may seek:
(1)
To have the Court issue an order to cease and desist from the violation; or
(2)
To void an official action taken by an official or employee with a conflict of interest prohibited by this article when the action arises from or concerns the subject matter of the conflict, and if the legal action is brought within 90 days of the occurrence of the official action, if the Court deems voiding the action to be in the best interest of the public; provided, however, that the Court may not void any official action appropriating public funds, levying taxes, or providing for the issuance of bonds, notes, or other evidences of public obligation; or
(3)
To impose a fine of up to $5,000 for any violation of the provisions of this article, with each day upon which the violation occurs constituting a separate offense.
D.
Any person who knowingly and willfully violates the provisions of § 2-72 of this article is guilty of a misdemeanor and, upon conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than one year, or both. If the person is a business entity and not a natural person, each officer and partner of the business entity who knowingly authorized or participated in the violation is guilty of a misdemeanor and, upon conviction, each is subject to the same penalties as the business entity.
E.
In addition to any other enforcement provisions in this article, a person who the Commission or a court of competent jurisdiction finds has violated this article is subject to termination or such other disciplinary action as may be warranted, and may be suspended from receiving payment of salary or other compensation pending full compliance with the terms of an order of the Commission or a court.
F.
Any person who is subject to the provisions of this article shall obtain and preserve all accounts, bills, receipts, books, papers, and documents necessary to complete and substantiate any reports, statements, or records required under this article for three years from the date of filing the report, statement, or record. These papers and documents shall be available for inspection upon request by the Commission or the City Council after reasonable notice.