[Amended 9-22-2015 by Ord. No. 15-O-11]
The provisions of this chapter apply to the elected officials,
Town appointed officials and employees of University Park.
For the purpose of this chapter, the following words have the
meanings indicated:
BUSINESS or BUSINESS ENTITY
Includes any corporation, partnership, sole proprietor (including
private consultant), joint venture, unincorporated association or
firm, institution, trust, foundation or other organization whether
or not operated for profit, or other business entity regardless of
form.
DOING BUSINESS WITH THE TOWN
A.
Having or negotiating a contract with the Town that involves
the commitment, either in a single or combination of transactions,
of $500 or more of Town controlled funds; or
B.
Being regulated by or under the authority of the Town; or
C.
Being a lobbyist as defined by the definition of "lobbyist"
in this section or as registered with the Town Clerk as provided in
§ 12-107A of this chapter.
FINANCIAL INTEREST
A.
Ownership of any interest as the result of which the owner has
received, within the past three years, or is presently receiving,
or in the future is entitled to receive, more than $1,000 per year;
or
B.
Ownership, or the ownership of securities of any kind representing
or convertible into ownership, of more than 3% of a business entity
by a Town official or employee, or the spouse of an official or employee.
GIFT
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.
INTEREST
A.
A 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.
B.
For purposes of §
12-105 of this chapter, "interest" includes any interest held at any time during the reporting period.
C.
"Interest" does not include:
(1)
An interest held in the capacity of a personal agent, custodian,
fiduciary, or personal representative, 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 under which an insurer promises to pay a fixed amount of
money either in a lump sum or periodically for life or a specified
period;
(4)
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 Internal Revenue Code; or
(5)
A college savings plan under the Internal Revenue Code.
(6)
A mutual fund or exchange-traded fund that is publicly traded
on a national scale unless the mutual fund or exchange-traded fund
is composed primarily of holdings of stocks and interests in a specific
sector or area that is regulated by the Town.
[Added 9-22-2015 by Ord.
No. 15-O-11; amended 5-7-2018 by Ord. No. 18-O-04]
LOBBYIST
Any person, who personally appears before a Town official
or employee with the intent to influence that person in performance
of the official duties of the official or employee and who for that
purpose either reasonably expects to incur expenses of $100 or more
or receives $500 or more as compensation for such activity or any
person who reasonably expects to expend within any calendar year a
cumulative total of $100 or more on one or more officials of the Town
for meals, beverages, special events or gifts in connection with or
with the purpose of influencing such officials in the performance
of the Town's business or the enactment of legislation.
OFFICIALS or OFFICIAL
An elected official, an employee of the Town, or a person
appointed to or employed by the Town or any Town agency, board, Commission,
or similar entity:
A.
Whether or not paid in whole or in part with Town funds; and
B.
Whether or not compensated.
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 12-5-2022 by Ord. No. 22-O-09]
There shall be a University Park Ethics Commission, which shall
be composed of three members appointed by the Mayor with the advice
and consent of the Common Council. Each member so appointed will serve
a term of two years, except that one of the three members first appointed
to the Commission shall serve a term of three years. Members of the
Ethics Commission may continue to serve in the position after the
expiration of the term until they are removed or a successor is appointed
and qualifies. No Commission member shall be removed except for good
cause. If a Commission member is unwilling or unable to complete his/her
term, or has been removed, then the Mayor shall appoint another individual,
with the advice and consent of the Common Council, to serve the remainder
of the term. The Commission shall be advised by the Town Attorney
and shall have the following responsibilities:
A. To devise, receive and maintain all forms generated by this chapter.
B. To provide advisory opinions to persons subject to the chapter as
to the applicability of the provisions of this chapter to them which
shall be retained in the records of the Town.
C. To process and make determinations as to complaints filed by any
person alleging violations of this chapter.
D. To conduct a public information program regarding the purposes and
application of this chapter.
E. To provide to the Town a copy of all records produced by the Commission,
said records to be maintained in the Town office.
F. The Commission shall certify to the State Ethics Commission on or
before October 1 of each year that the Town is in compliance with
the requirements of State Government Article, Title 15, Subtitle 8,
Annotated Code of Maryland for elected local officials.
G. The Commission shall determine if changes to this chapter are required
to be in compliance with the requirements of State Government Article,
Title 15, Subtitle 8, Annotated Code of Maryland, and shall forward
any recommended changes and amendments to the Town Council for enactment.
H. The Commission may adopt other policies and procedures to assist
in the implementation of the Commission's programs established in
this chapter.
[Amended 9-22-2015 by Ord. No. 15-O-11]
A. This section applies to all Town elected officials and candidates
to be Town elected officials.
B. Required
disclosure statements under this section include:
(1) Annual financial disclosure statements;
(2) Candidate financial disclosure statements; and
(3) Statements of actual or potential conflict of interest.
C.
(1)
A Town elected official or a candidate to be a Town elected
official shall file the financial disclosure statement required under
this section:
(a)
On a form provided by the Commission;
(b)
Under oath or affirmation; and
(c)
With the Town Clerk, who shall forward the statements to the
Commission and/or the Supervisors of Elections, as appropriate.
(2)
Deadlines for filing statements.
(a)
An incumbent Town 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 for the reporting
period shall file a statement for the preceding calendar year and
the portion of the current calendar year to date of filing prior to
appointment.
(c)
[1] An individual who, other than by reasons of death,
leaves an office for which a statement is required shall file a statement
within 60 days after leaving the office.
[2] The statement shall cover:
[a] 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
[b] The portion of the current calendar year during
which the individual held the office.
(d) An elected official shall file a statement of actual or potential
conflict of interest disclosing employment and interests that raise
conflicts of interest or potential conflicts of interest in a timely
manner.
D. Candidates to be Town elected officials.
(1)
A candidate to be an elected Town official shall file a financial
disclosure statement each year beginning with the year in which the
petition of candidacy is filed through the year of the election.
(2)
A candidate to be an elected official shall file a statement
required under this section:
(a)
In the year the petition of candidacy is filed, the financial
disclosure statement shall be filed with the Town Clerk no later than
the filing of the petition of candidacy. The Town Clerk shall forward
the statement to the Supervisors of Elections and to the Ethics Commission.
The reporting period shall be the calendar year immediately preceding
the year in which the petition of candidacy is filed, and the portion
of the current calendar year to the date the petition is filed;
(b)
In the year of the election, if other than the year in which
the petition of candidacy is filed, on or before the date by which
the petition of candidacy must be filed; and
(c)
In all other years for which a statement is required, on or
before April 30.
(3)
A candidate to be an elected Town official:
(a)
Shall file the statement required under § 12-105D(2)(a)
of this chapter with the Supervisors of Elections at the time of filing
of the petition of candidacy and with the Commission prior to or at
the time of filing the petition of candidacy; and
(b)
Shall file the statements required under § 12-105D(2)(b)
and (c) with the Commission.
(4)
If a candidate fails to file a statement required by this section
within five calendar days after written notice is provided by the
Supervisors of Elections, the candidate is deemed to have withdrawn
the candidacy.
(5)
The Supervisors of Elections may not accept any petition of
candidacy unless it is accompanied by the candidate's financial disclosure
statement that includes all required identifying and contact information,
is signed under oath, and includes answers to every mandatory question.
(6)
Upon receipt of a statement required under this section, the
Town Clerk shall forward the statement to the Commission or the office
designated by the Commission and shall do so no later than the close
of business on the day of the deadline for filing the petition of
candidacy.
E. Public record.
(1)
The Commission or office designated by the Commission shall
maintain all financial disclosure statements filed under this section.
(2)
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.
(3)
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.
(4)
Upon request by the official, candidate 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.
(5)
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.
[Added 5-7-2018 by Ord.
No. 18-O-04]
(6) The Commission or office designated by the Commission shall not provide
public access to information related to consideration received from:
[Added 12-5-2022 by Ord. No. 22-O-09]
(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.
F. Retention requirements. The Commission or the office designated by
the Commission shall retain financial disclosure statements as required
by the Town's records retention and disposal schedule and at a minimum
for four years from the date of receipt.
G. Contents of statement.
(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 Town.
(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.
[5] An individual may satisfy the requirement to report
the amount of the interest held under Subsection F(2) of this section
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.
(3)
Interests in business entities doing business with the Town.
(a)
A statement filed under this section shall include a schedule
of all interests in any business entity that does business with the
Town, other than interests reported under Subsection F(2) of this
section.
(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 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 12-5-2022 by Ord. No. 22-O-09]
(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 Town.
(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
Town.
(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 Town agency with which the entity
is involved.
(6)
Indebtedness to entities doing business with the Town.
(a)
A statement filed under this section shall include a schedule
of all liabilities, excluding retail credit accounts, to persons doing
business with the Town 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
Town 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 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 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.
(9)
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.
(10)
Relationship with University of Maryland Medical System, state
or local government, or quasi-governmental entity.
[Added 12-5-2022 by Ord. No. 22-O-09]
(a) An individual 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:
[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
H. For the purposes of § 12-105G(1), (2) and (3) of this chapter,
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 12-5-2022 by Ord. No. 22-O-09]
(a) A business entity in which the individual held a 10% or greater interest;
(b) A business entity described in Subsection
H(2)(a) of this section in which the business entity held a 25% or greater interest;
(c) A business entity described in Subsection
H(2)(b) of this section 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.
I. The Commission shall review the financial disclosure statements 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.
J. The Town Ethics Commission may take appropriate enforcement action
to ensure compliance with this section.
K. An individual who is required to disclose the name of a business
under this section shall also disclose any other names under which
the business is trading or doing business.
[Added 12-5-2022 by Ord. No. 22-O-09]
[Amended 9-22-2015 by Ord. No. 15-O-11]
A. This section only applies to the following appointed officials and
employees:
(3)
Chief of Police and the designated Acting Chief of Police.
(5)
Members of the Supervisors of Elections, the Ethics Commission,
and any other board, commission or committee, and any other appointed
official designated by the Council.
(6)
Any other appointed official as required by law.
B. A statement filed under this section shall be filed with the Commission
under oath or affirmation.
C. On or before April 30 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 Town, including the name
of the donor of the gift and the approximate retail value at the time
or receipt.
D. An official or employee shall disclose employment and interests that
raise conflicts of interest or potential 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.
E. A newly
appointed Town official shall file a required disclosure form within
30 days of appointment. The reporting period for the statement is
the calendar year immediately preceding the year in which the disclosure
form is filed, and the portion of the current calendar year to the
date the form is filed.
F. The Commission shall maintain all disclosure statements filed under
this section as public records available for public inspection and
copying as provided in § 12-105E and F of this chapter.
[Added 9-22-2015 by Ord.
No. 15-O-11]
The Town Clerk is authorized to receive any form required by
this chapter to be filed with the Supervisors of Elections or the
Ethics Commission.
[Amended 9-22-2015 by Ord. No. 15-O-11]
A. The Commission may issue a cease and desist order against any person
found to be in violation of this chapter.
B. Upon a finding of a violation of any provision of this chapter, the
Commission may:
(1)
Issue an order of compliance directing the respondent to cease
and desist from the violation;
(3)
Recommend to the appropriate authority other appropriate discipline
of the respondent, including censure or removal if hat discipline
is authorized by law.
C. Upon request by the Commission, the Town Attorney may file a petition
for injunctive or other relief in the Circuit Court of Prince George's
County, or in any other court having proper venue, for the purpose
of requiring compliance with the provisions of this chapter and for
assessment of a fine not to exceed $1,000.
D. In addition to any other enforcement provisions in this chapter,
a person who the Commission or a court finds has violated this chapter:
(1)
Is subject to termination or other disciplinary action; and
(2)
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.
E. A Town official or employee found to have violated this chapter is
subject to disciplinary or other appropriate personnel action, including
removal from office, disciplinary action, suspension of salary, or
other sanction.
[Added 9-22-2015 by Ord.
No. 15-O-11]
Any person required to file a conflict of interest or financial
disclosure statement pursuant to this chapter shall correct any inaccurate
or incomplete filings with the Commission within 15 days of learning
or being notified that the statement is inaccurate or incomplete.
Any candidate for office notified that a statement is, or appears
to the Commission to be, inaccurate or incomplete must provide the
additional information required to the Commission or confirm the accuracy
and completeness of the statement within five calendar days of notification.
If additional information is not provided or the accuracy and completeness
of the information is not confirmed, in writing, within the required
time to the satisfaction of the Commission that it is in compliance
with the Ethics Code, then the candidate is deemed to have withdrawn
the candidacy.