This chapter shall be known and may be cited
as the "Public Ethics Ordinance."
[Amended 10-23-1984 by Ord. No. 156]
Generally, unless otherwise stated, the provisions
of this chapter shall apply to every Town official, Town inspector,
and Town employee.
There shall be a Town Ethics Commission which
shall be composed of three members who shall serve at the pleasure
of and be appointed by resolution of The Commissioners of St. Michaels,
which resolution shall become effective immediately upon reading and
passage at a single meeting by The Commissioners of St. Michaels.
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 published advisory opinions to persons
subject to this chapter as to the applicability of this chapter to
them;
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.
[Amended 10-23-1984 by Ord. No. 156]
No Town official, Town inspector or Town employee
shall:
A. Participate on behalf of the Town in any matter which
would, to their knowledge, have a direct financial impact, as distinguished
from the public generally, on them, their spouse or dependent child,
or a business entity with which they are affiliated.
B. Hold or acquire an interest of either $5,000 or 25% or greater in a business entity that has or is negotiating a contract of $5,000 or more with the Town or is regulated by their agency, except as exempted by the Commission where the interest is disclosed pursuant to §
22-6 of this chapter.
C. Be employed by a business entity that has or is negotiating a contract of more than $5,000 with the Town or is regulated by their agency, except as exempted by the Commission pursuant to §
22-6 of this chapter.
D. Hold any outside employment relationship that would
impair their impartiality or independence of judgment.
E. Represent any party, for a contingent fee, before
any Town body.
F. Within one year following termination of Town service,
act as a compensated representative of another in connection with
any specific matter in which he or she participates substantially
as a Town official or employee.
G. Solicit any gift or accept gifts of greater than $25
in value from any person that has or is negotiating a contract with
the Town or is regulated by their agency, except when these gifts
would not present a conflict of interest as determined by the Commission.
For the purposes of this section, "gift" includes the transfer of
anything of economic value, regardless of form without adequate and
lawful consideration.
H. Use the prestige of their office for their benefit
or that of another.
I. Use confidential information acquired in their official
Town position for their own benefit or that of another.
The Commission may grant exceptions and modifications to the provisions of §
22-5 (Conflicts of interest) of this chapter and §
22-6 (Financial disclosure) of this chapter if it determines that application of those provisions would:
A. Constitute an unreasonable invasion of privacy;
B. Significantly reduce the availability of qualified
persons for public service; and
C. Not be required to preserve the purposes of this chapter.