[HISTORY: Adopted by the Mayor and City Council
of the City of Havre de Grace 4-6-2015 by Ord. No. 962.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 67,
Ethics, derived from the 1988 Codified Ordinances of the Mayor and
City Council.
The words used in this chapter shall have their normal accepted
meanings except as set forth below:
Any corporation, general or limited partnership, sole proprietorship,
limited-liability partnership or corporation, private consultant operation,
joint venture, unincorporated association or firm, institution, trust,
foundation or other organization, whether or not operated for profit.
The Mayor and City Council of Havre de Grace, a municipal
corporation of the State of Maryland.
The Havre de Grace Ethics Commission established pursuant
to this chapter.
Any money or thing of value, regardless of form, received
or to be received by any individual covered by this chapter from an
employer for service rendered.
Ownership of any interest as the result of which the owner has
received $1,000, within the past year, or is presently receiving,
or in the future is entitled to receive, compensation; or
Ownership, or the ownership of securities of any kind representing
or convertible into ownership, of more than 3% of a business entity.
The transfer of anything of economic value, regardless of
the form, without adequate and lawful consideration. "Gift" does not
include the solicitation, acceptance, receipt or regulation of political
campaign contributions regulated in accordance with the provisions
of the Election Article of the Annotated Code of Maryland, or any
other provision of state or Harford County law regulating the conduct
of elections or the receipt of political campaign contributions. Notwithstanding
the above, "gift" includes any transfer in the aggregate from one
person greater than $100 for the reporting period to any elected official
or candidate for elected office in a City election. Campaign contributions
are a separate form of gift that elected officials or candidates for
elected office shall disclose.
Any legal or equitable economic interest, whether or not
subject to an encumbrance or a condition, which was owned or held,
in whole or in part, jointly or severally, directly or indirectly.
For purposes of this chapter, "interest" applies to any interests
held at any time during the reporting period. "Interest" does not
include:
An interest held in the capacity of a personal agent, representative,
custodian, fiduciary or trustee, 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 policy, endowment policy or annuity
contract under which an insurance company promises to pay a fixed
number of dollars either in a lump sum or periodically for life or
some other specified period; or
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 or college savings plan.
Any person elected to, appointed to or employed by the City
or any City agency, board, commission or similar entity, whether or
not paid, in whole or in part, with City funds and whether or not
compensated.
Includes an individual or business entity.
A spouse, parent, child or sibling.
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. 1092]
A.
There is a Havre de Grace Ethics Commission which shall consist of
five citizen voting members, appointed by the Mayor with the consent
of the City Council and three nonvoting members: Director of Administration
and a City Council member who shall serve as an ex-officio member
and liaison to the City Council. A member must be a citizen of the
United States for not less than 10 years and a resident and qualified
voter in the City of Havre de Grace for not less than five years prior
to appointment. The term of office is five years; however, the initial
members will be appointed to terms of one, two, three, four and five
years, respectively.
[Amended 3-16-2020 by Ord. No. 1032]
B.
The Commission shall be the advisory body responsible for interpreting
this chapter and advising persons subject to it as to its application.
C.
Any official or other person subject to the provisions of this chapter
may request from the Commission an advisory opinion concerning the
application of this chapter. The Commission shall respond promptly
to these requests, providing interpretations of this chapter based
on the facts provided or reasonably available to it.
D.
The Commission shall develop procedures and policies for advisory
opinion requests and provide published advisory opinions to persons
subject to this chapter regarding the applicability of the provisions
of this chapter to them.
E.
The Commission shall be responsible for evaluating, hearing and deciding
any complaint filed regarding an alleged violation of this chapter
by any person.
F.
The Commission shall develop procedures and policies for the processing
of complaints to make appropriate determinations regarding complaints
filed by any person alleging violations of this chapter.
G.
The Commission shall be the custodian of all forms submitted by any
person in accordance with this chapter. The Commission shall draft
and distribute the forms required by this chapter in conjunction with
the Director of Administration and the Board of Election supervisors
where applicable.
H.
The Commission shall be responsible for conducting a public information
and education program regarding the purpose and implementation of
this chapter.
I.
The City Attorney shall be the legal advisor for the Commission.
J.
Any person may file with the Commission a complaint alleging a violation
of any of the provisions of this chapter which is alleged to have
occurred within a year of the filing of the complaint. Complaints
dating more than a year after the alleged event shall be dismissed.
All complaints shall be written and under oath. If after an initial
evaluation and preparing an investigative report, the Commission determines
that there are insufficient facts upon which to base a determination
of a violation, or if the complainant withdraws its complaint or fails
to appear at any scheduled hearing in the matter, the Commission shall
dismiss the complaint. If after an initial evaluation the Commission
determines that there is a reasonable basis for believing a violation
has occurred, the subject of the complaint shall be afforded an opportunity
for a hearing conducted in accordance with the City's applicable rules
of procedure for actions taken on the record. Any final determination
resulting from the hearing shall include findings of fact and conclusions
of law. Once a complaint is filed with the Commission, all actions
regarding a complaint shall be treated confidentially.
K.
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 the State Government Article of the Annotated
Code of Maryland for elected local officials.
L.
The Commission shall determine if changes to this chapter are required
to be in compliance with the requirements of the State Government
Article of the Annotated Code of Maryland, and shall forward any recommended
changes and amendments to the City Council for enactment.
M.
The Commission may adopt other policies and procedures to assist
in the implementation of this chapter.
A.
Application. All City elected officials, City officials that are
appointed or hired by the City, officials appointed to the designated
City boards and commissions in this chapter and City employees are
subject to this section.
B.
Participation in matters where an association is prohibited. Except
where permitted by Commission regulation or permitted by opinion or
except in the exercise of an administrative or ministerial duty which
does not affect the disposition or decision in the matter, it shall
be prohibited for an official or employee to knowingly participate
in:
(1)
Any matter of which he/she may be reasonably expected to know that
concerns a qualified relative or in which a qualified relative of
the official or employee has an interest.
(2)
Any matter of which he/she may be reasonably expected to know when
any of the following is a party thereto:
(a)
Any business entity in which the official, employee or his/her
qualified relative has a financial interest;
(b)
Any business entity of which the official, employee or his/her
qualified relative is an officer, director, trustee, partner or employee;
(c)
Any business entity which is a party to an existing contract
with the official, employee or his/her qualified relative if the contract
could reasonably be expected to result in a conflict between the private
interests of the official or employee and his/her official duties;
(d)
Any entity, doing business with the City in which a financial
interest is owned by another entity in which the official, employee
or his/her qualified relative has a financial interest;
(e)
Any business entity which the official or employee knows is
a creditor or obligee of the official, employee or his/her qualified
relative, with respect to a thing of economic value and which, by
reason thereof, is in a position to affect directly and substantially
the interest of the official, employee or his/her qualified relative;
or
(f)
A business entity with which the official, employee or his/her
qualified relative is negotiating or has any arrangement concerning
prospective employment.
(3)
If a disqualification leaves any body with less than a quorum capable
of acting, or if the disqualified official or employee 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.
(4)
An official
or employee may not retaliate against an individual for reporting
or participating in an investigation of a potential violation of the
local ethics law or ordinance.
[Added 1-3-2023 by Ord. No. 1092]
C.
Employment restrictions.
(1)
Prohibitions.
(a)
Except as permitted by regulation or opinion of the Commission,
and where such interest is disclosed or where the employment does
not create a conflict of interest or appearance of conflict, it is
prohibited for an official or employee to:
[1]
Be employed by, or have a financial interest in, any entity
subject to his/her authority or that of the City agency, board or
commission with which he/she is affiliated or any entity which is
negotiating or has entered a contract or contracts with the City or
the agency, board or commission with which the official or employee
is affiliated; or
[2]
Have or maintain any other employment relationship which would
impair the impartiality or independence of judgment of the official
or employee.
(b)
This prohibition does not apply to:
[1]
An official or employee who is appointed to a regulatory or
licensing authority pursuant to a requirement that persons subject
to the jurisdiction of the authority be represented in appointments
to the authority;
[2]
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; or
[3]
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.
D.
Post-employment restrictions. A former official or employee may not
assist or represent another 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.
E.
Legislative acts prohibited. The Mayor, Council President, City Attorney,
Directors, City Council members, or any appointed official may not,
for one calendar year after leaving office, assist or represent another
party for compensation in a matter that is the subject of legislative
action.
[Amended 3-5-2018 by Ord.
No. 998; 9-3-2019 by Ord. No. 1023]
F.
Contingent or percentage fee restrictions. An official or employee
may not assist or represent a party for contingent compensation or
a percentage fee in any matter before or involving the City other
than in a judicial or quasi-judicial proceeding.
G.
Use of prestige of office. An official or employee shall not intentionally
use the prestige of office or public position for the private gain
of that official or employee or the private gain of another. This
subsection does not prohibit performance of usual and customary constituent
services by an elected official, without additional direct compensation.
H.
Solicitation or acceptance of gifts.
(1)
An official or employee shall not solicit any gift.
(2)
An official or employee shall not knowingly accept any gift, directly
or indirectly, from any person that he/she knows or has reason to
know:
(a)
Is doing business with the City office, agency, board or commission
with which the official or employee is affiliated; or
(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/her official duty.
(c)
Is engaged in an activity regulated or controlled by the official's
or employee's governmental unit.
(d)
Is
an association, or any entity acting on behalf of an association,
that is engaged only in representing counties or municipal corporations.
[Added 1-3-2023 by Ord. No. 1092]
I.
Significant gifts prohibited. Notwithstanding the terms of this chapter,
receipt of the following gifts is prohibited:
(1)
Those that would tend to impair the impartiality and the independence
of judgment of the official or employee receiving the gift;
(2)
Those of such significant value that would give the appearance of
impairing the impartiality and independence of judgment of the official
or employee; or
(3)
Those of such significant value that the recipient official or employee
believes or has reason to believe the gift was designed to impair
the impartiality and independence of judgment of the official or employee.
J.
Minor gifts that are not prohibited. An official or employee may
accept the following gifts:
(1)
Meals and beverages consumed in the presence of the donor or sponsoring
entity;
(2)
Ceremonial gifts or awards which have insignificant monetary value;
(3)
Unsolicited gifts of nominal value that do not exceed $20 or trivial
items of informational value;
(4)
Reasonable expenses for food, travel, lodging and scheduled entertainment
of the official or the employee at a meeting which is given in return
for the participation of the official or employee related to City
business in a panel or speaking engagement at the meeting;
(5)
Gifts of tickets or free admission extended to an elected official
to attend a charitable, cultural or political event, if the purpose
of this gift or admission is a courtesy or ceremony extended to the
elected official's office;
(6)
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 to the official or employee;
(7)
Gifts from a qualified relative; or
(8)
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 duties of the official or employee.
K.
Campaign contributions for City elections not prohibited. Notwithstanding
anything to the contrary in this section, an official or candidate
for elected office may solicit and accept campaign contributions in
a City election.
L.
Disclosure of confidential information. Other than in the discharge
of his/her official duties, an official or employee or former official
or employee shall not disclose or use confidential information acquired
by reason of his/her public position or former public position, and
which is not available to the public, for the economic benefit of
the official or employee or that of another person.
[Amended 1-3-2023 by Ord. No. 1092]
M.
Participation in procurement, bids or proposals. An official, employee,
or a person that employs an individual that participates in the drafting
of specifications, an invitation for bids, or a request for proposals
for a procurement for the City or an agency, board or commission may
not submit a bid or proposal for that procurement, or assist or represent
another person, directly or indirectly, in the submission of a bid
or proposal for the procurement. The Commission may establish exemptions
from the requirements of this section for providing descriptive literature,
sole source procurements, and written comments requested during the
procurement process.
N.
Duty to disclose or recuse. An official or employee shall disclose
known conflicts of interest or potential conflicts of interest in
connection with any specific proposed action by the official or employee
sufficiently in advance of the action to prevent a violation or recuse
himself/herself or make such other arrangements to avoid a conflict
of interest and, where appropriate, make the disclosure to the public.
O.
Exemption and waiver standards. The Commission may grant exemptions
or modifications of this section for any official or employee that
is appointed or serving as a member of a board or commission, but
not an elected official or candidate when it finds that the application
of this section would constitute an unreasonable invasion of privacy;
significantly reduce the availability of qualified persons for public
service; and that the exemption, waiver or modification would not
be contrary to the purposes of this chapter.
P.
Anti-harassment, anti-discrimination, anti-intimidation policy. It is the policy of the City of Havre de Grace, Maryland, to maintain a work and meeting environment in which all individuals are treated with respect and dignity. Harassment, whether verbal or nonverbal, physical, or environmental, is unacceptable and will not be tolerated by the City of Havre de Grace. The Mayor and City Council of Havre de Grace has adopted by resolution an anti-harassment, anti-discrimination, and anti-intimidation policy, as recommended by the Ethics Commission, which more specifically enumerates the prohibited conduct. Any violations of the policy shall be subject to enforcement and potential penalties as set forth in § 67-7G of the Ethics Code.
[Added 5-20-2019 by Ord.
No. 1018]
A.
Application. This section applies to all elected City officials and
candidates for elected City office.
(1)
All City elected officials or a candidate to be a local elected official
shall file the gifts and campaign contribution statements required
under this section:
(2)
A City elected official or candidate for office subject to produce,
without the need for a subpoena, an interests disclosure statement
required under this section ("Interests Disclosure Form"). The Interests
Disclosure Form shall be completed and produced to the Commission;
the elected official or candidate will sign and date a written acknowledgement
that he/she received the Interests Disclosure Form for completion.
(3)
Deadlines for filing statements.
(a)
An incumbent local elected official shall file the gifts and
campaign contributions statements annually no later than the third
Tuesday of March of each year for the preceding calendar year or with
his/her certificate for candidacy, whichever is earliest.
(b)
An individual who is appointed to fill a vacancy in an elected
office shall file the gifts and campaign contributions statements
for the preceding calendar year, prior to being sworn into office.
(c)
For elected officials or a candidate for elected office, an
Interests Disclosure Form for the preceding calendar year shall be
produced to the Commission on the form provided by the Commission
automatically.
(4)
Candidates for an elected City office.
(a)
All candidates for an elected City office shall file the gifts
and campaign contributions statements and, where applicable, the interests
disclosure statement required under this section no later than the
filing of the certificate of candidacy.
(b)
The statements required under this chapter shall be filed with
the Board of Election Supervisors with the certificate of candidacy.
(c)
The Board of Election Supervisors shall not accept any certificate
of candidacy unless the gifts and campaign contribution statements
have been filed in proper form and the candidate has signed and dated
the written acknowledgment that he/she received the Interests Disclosure
Form.
(d)
Within 10 days of the receipt of a statement required under
this section, the Board of Election Supervisors shall forward the
statement to the Commission or the office designated by the Commission.
B.
Record of disclosure statements and maintenance.
(1)
The Commission or office designated by the Commission and the Board
of Election Supervisors shall maintain all disclosure statements filed
under this section: Gifts Disclosure Form; Campaign Contribution Disclosure
Form and Interests Disclosure Form.
(2)
Gifts disclosure forms, campaign contribution forms and interests
disclosure forms are available for public inspection during normal
business hours. Home addresses of any person required to submit any
of the disclosure and/or contribution forms shall be redacted from
the documents available for public inspection. The remaining requirements
for disclosure apply.
[Amended 9-3-2019 by Ord. No. 1023]
(3)
To examine the Gifts Disclosure Form, Campaign Contribution Form
or the Interests Disclosure Form, an individual must appear in person
before the Commission or its designee and comply with any other reasonable
requirements or procedures established by the Commission.
(4)
Where an individual requests to examine an Interests Disclosure Form,
the Commission or the office designated by the Commission shall record:
(5)
Where any type of form was requested to be examined, the Commission
or the office designated by the Commission shall provide the official
with a copy of the name, home address, telephone number and email
address of the person who requested to review the official's form.
(6)
Effective January 1, 2019, the home address on the filing or disclosure
statement of any candidate for office shall be redacted from public
disclosure.
[Added 3-5-2018 by Ord.
No. 998]
(7)
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. 1092]
C.
Retention requirements. The Commission or the office designated by
the Commission or the official or candidate shall retain Interests
Disclosure Forms and Gifts Disclosure Forms and Campaign Contribution
Disclosure Forms for two years from the date of receipt or completion.
D.
Contents of the Interests Disclosure Form for elected officials and
candidates. On forms provided by the Commission, the following shall
be listed:
(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, partnerships, or business entities.
(a)
All interests in any corporation, partnership, limited-liability
partnership, limited-liability corporation, or business entity that
is regulated by or does business with the City or any agency, board
or commission of the City, providing:
[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:
(b)
An individual may satisfy the requirement to report the amount
of the interest held under this subsection by reporting, instead of
a dollar amount:
(3)
Interests or employment within entities doing business with City.
(a)
A statement filed under this section shall include a schedule
of all offices, directorships, and salaried employment by the individual
or a qualified relative, but not siblings, held at any time during
the reporting period with entities doing business with the City.
(b)
For each position reported under this subsection, the schedule
shall include:
(4)
Indebtedness to persons or business entities doing business with
City.
(a)
A statement filed under this section shall include a schedule
of all liabilities owed, excluding retail credit or credit card accounts,
to persons or business entities doing business with the City at any
time during the reporting period:
(b)
For each liability reported under this subsection, the list
shall include:
[1]
The identity of the person or business entity to which 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.
(5)
Qualified relatives employed by the City. A list of the qualified
relatives of the elected official or candidate employed by the City
in any capacity at any time during the reporting period shall be disclosed.
(6)
Sources of earned income.
(a)
A list of the name and address of the place of employment for
the elected official or candidate and for each qualified relative,
but not siblings, and each business entity which the elected official
or candidate or his/her qualified relatives, but not siblings, were
a sole or partial owner and from which they received earned income,
at any time during the reporting period.
(b)
A minor child's employment or business ownership need not be
disclosed.
(7)
Judgments, suits, criminal and traffic record. A list of all unpaid
money judgments, pending suits for money judgments, criminal and traffic
cases providing case name, case number, jurisdiction and outcome shall
be provided.
E.
Gifts disclosure form contents.
(1)
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
the City or from an association, or any entity acting on behalf of
an association, that is engaged only in representing counties or municipal
corporations.
[Amended 1-3-2023 by Ord. No. 1092]
F.
Campaign Contributions Disclosure Form contents.
(1)
A statement filed under this section shall include a schedule of
each gift which was not campaign contributions in excess of $50 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:
[Amended 3-5-2018 by Ord.
No. 998]
(a)
Does business with the City or the members of City Council or
Mayor or any official of the City; or
(b)
Is regulated by the City; or
(c)
Contracts with the City for $5,000 or more; or
(d)
Has financial interests distinguishable from the general public,
that may be substantially and materially affected by the performance
of the City or the Mayor and City Council or the Mayor or any official
of the City, or from any official of the City; or
(e)
The candidate knows or reasonably should know has an employment
relationship with any member of the City Council or the Mayor or any
official of the City which would impair the impartiality or independent
judgment of the candidate.
G.
Voluntary disclosure. A statement filed under this section may also
include a schedule of additional interests or information that the
elected official or candidate wishes to disclose.
H.
Interests clarified. For the purposes of this chapter, the following
interests are considered to be the interests of the elected official
or candidate:
(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 elected official or candidate.
[Amended 1-3-2023 by Ord. No. 1092]
(2)
An interest held, at any time during the applicable period, by:
[Amended 1-3-2023 by Ord. No. 1092]
(a)
A
business entity in which the elected official or candidate held a
10% or greater interest;
(b)
A business entity described in Subsection H(2)(a) in which the business entity held a 25% or greater interest;
(c)
A business entity described in Subsection H(2)(b) 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.
(4)
An "interest" shall not include exchange traded funds, or ETFs, such
as a diversified collection of assets like a mutual fund that trades
on an exchange.
[Added 3-5-2018 by Ord.
No. 998]
(5)
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. 1092]
I.
Review of disclosure forms. After receipt of any disclosure statements,
the Commission shall privately review the disclosure statements submitted
under this section for compliance with the provisions of this section
and shall timely and privately notify an individual submitting the
statement of any omissions or deficiencies.
J.
Enforcement. The City Ethics Commission may take appropriate enforcement
action to ensure compliance with this section.
A.
Application. This section only applies to the following appointed
officials and employees:
(1)
Director of Administration.
(2)
Director of Finance.
(3)
Director of Planning.
(4)
Director of Public Works.
(5)
Chief of Police.
(6)
City Attorney.
(7)
Any Hearing Examiner.
(8)
Any Special Counsel appointed.
(9)
Members of the following City boards and commissions: Board of Appeals,
Ethics Commission, Marina Commission, Planning Commission, R.A.D.
Loan Application Review Commission, Water and Sewer Commission.
B.
Gifts disclosed. A separate Gifts Disclosure Form provided by the
Commission shall be filed by these appointed officials and employees
with the Commission, under oath or affirmation, disclosing gifts in
the same manner as elected officials.
C.
Due date. On or before April 30 of each year during which an official
or employee holds office, an official or employee shall file a Gifts
Disclosure Form statement disclosing gifts received during the preceding
calendar year from any person or business entity that contracts with
or is regulated by City, including the name of the donor of the gift
and the approximate retail value at the time or receipt.
D.
Conflict of interest/ongoing duty. An official or employee shall
disclose employment and financial interests that raise conflicts of
interest or potential conflicts of interest during the calendar year
in connection with any specific proposed action by the employee or
official sufficiently in advance of the action to provide adequate
disclosure to the public or the opportunity to recuse or make such
other arrangements to avoid a conflict of interest.
E.
Record of statements. The Commission shall maintain all disclosure
statements filed under this section. The same process and procedure
for examination of disclosure statements provided for elected officials
shall apply to the Gifts Disclosure Form under this section. Disclosure
statements filed under this section shall be discarded after two years.
F.
Additional disclosures. The Commission may require the appointed
officials and employees to complete and produce an Interests Disclosure
Form, or any portion thereof, after receipt and evaluation of a complaint
and a showing by the complainant that a reasonable basis for believing
a violation of this section has occurred.
G.
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. 1092]
H.
Relationship
with University of Maryland Medical System, state or local government,
or quasi-governmental entity.
[Added 1-3-2023 by Ord. No. 1092]
(1)
An individual
shall disclose the information specified in the General Provisions
Article of the Annotated Code of Maryland, § 5-607(j)(1),
for any financial or contractual relationship with:
The City has received an exemption from the State Ethics Commission;
no lobbying law is required at this time.
A.
The Commission, after initially evaluating a claim where the claimant
must show that there is a reasonable basis for believing that a violation
has occurred, and after conducting a hearing where the complainant
has appeared and where the respondent has appeared or waived the right
to appear and where clear and convincing evidence of a violation was
shown by the complainant and found by the Commission by a unanimous
vote, may:
(1)
Assess a late fee of $2 per day up to a maximum of $250 for a failure
to timely file a financial disclosure statement required under this
chapter;
(2)
Issue a cease and desist order against any person;
(3)
Issue an order of compliance directing the respondent to submit all
required disclosures;
[Amended 9-3-2019 by Ord. No. 1023]
(4)
Issue a reprimand; or
(5)
Recommend to the appropriate authority other appropriate discipline
of the respondent, including censure or removal if that discipline
is authorized by law.
B.
Upon unanimous request of the Commission, the City Attorney or an
appointed special counsel may file a petition for injunctive or other
relief in the Circuit Court of Harford County, or in any other court
having proper venue for the purpose of requiring compliance with the
provisions of this chapter.
C.
The Commission may file a declaratory action requesting that the
court:
(1)
Issue an order to cease and desist from the violation;
(2)
Void an official action taken by an official or employee with a conflict
of interest prohibited by this chapter 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;
or
(3)
Impose a fine of up to $5,000 for any violation of the provisions
of this chapter, with each day upon which the violation occurs constituting
a separate offense;
D.
Notwithstanding the above, the Commission may not request or seek
to void any official action appropriating public funds, levying taxes,
or providing for the issuance of bonds, notes, or other evidences
of public obligations.
E.
Additional enforcement provisions.
(1)
In addition to any other enforcement provisions in this chapter,
a person whom the Commission or a court finds has violated this chapter:
(2)
A City official or employee found to have violated this chapter may
be subject to disciplinary or other appropriate personnel action,
including removal from office, disciplinary action, suspension of
salary, or other sanction.
(3)
The findings of the Commission are public information, after the
appeal time of the Commission's decision has expired.
F.
The Commission may take no action and grant a waiver or exemption,
even retroactively, from the provisions pursuant to the standard set
in this section, where the violation was not intentional and the respondent
complies with this section within the time provided by the Commission.
[Amended 9-3-2019 by Ord. No. 1023]
G.
The anti-harassment, anti-discrimination, anti-intimidation policy
("policy") shall be enforced in the following manner:
[Added 5-20-2019 by Ord.
No. 1018]
(1)
A complaint regarding a violation of the Code of Conduct may be filed
with the Mayor, the Ethics Commission Chair or member, Human Resources
Officer, the Director of Administration, or the City Attorney.
(2)
Upon receiving a complaint, the person receiving the complaint must
forward the complaint to the Director of Administration for safekeeping.
The Director of Administration will notify the Chairman of Ethics
Commission to schedule an Ethics Commission meeting and review. The
Ethics Commission may take one of the following actions, depending
on the circumstances of the alleged violations of law or policy:
(a)
Take no action; or
(b)
Initiate an investigation of the allegations before considering
any discipline identified in this subsection; or
(c)
Based upon substantive evidence, take one of the disciplinary
actions identified in this subsection after finding a violation of
this subsection occurred:
[1]
Admonition. A warning or reminder that the conduct is in violation
of the policy. An admonishment may be issued by the Ethics Commission
subsequent to a review for legal sufficiency by the City Attorney
(subject to recusal) before any findings of fact regarding allegations,
and because it is a warning or reminder, it would not necessarily
require an investigation or separate hearings. This form of action
may be applied to all elected and/or appointed City officials, reminding
them that a particular type of behavior is in violation of the policy.
[2]
Sanction. A sanction is defined as a penalty or punishment provided
as a means of enforcing obedience to the policy. A sanction may be
directed to a particular elected and/or appointed City official based
on a particular action (or set of actions) that is determined to be
in violation of the policy. A sanction may be issued based upon an
Ethics Commission review, subject to a legal review for sufficiency
by the City Attorney (subject to recusal) and consideration of a written
allegation of a policy violation. The member accused of a violation
will have an opportunity to provide a written response to the allegation.
[3]
Censure. Censure is an official reprimand, condemnation or rebuke.
It is a formal disciplinary procedure and is a drastic step reserved
for a serious situation. The Ethics Commission may recommend censure
to the City Council after consideration of a written allegation of
a policy violation. The recommendation is subject to a review for
legal sufficiency by the City Attorney (subject to recusal). It may
be applied to the elected and/or appointed City officials. Censure
is a punitive action, which serves as a penalty imposed for wrongdoing,
but it carries no fine or suspension of the rights of the member as
an elected and/or appointed official. To protect the overriding right
to freedom of speech, the Ethics Commission cannot recommend censure
of elected and/or appointed City officials solely for the exercise
of his or her First Amendment rights. However, nothing can be construed
to prohibit the Ethics Commission from collectively condemning and
expressing their strong disapprobation of such remarks.
[a]
Because of the severity of censure, a decision to censure requires
the adoption of a resolution stating the findings with regard to the
specific charges, based on substantial evidence, and approved by the
eligible voting City Council members in the affirmative with no more
than one negative vote or abstention.
[b]
In the event the complaint is against a City Council member,
a decision to censure requires the adoption of a resolution stating
the findings with regard to the specific charges, based on substantial
evidence, and unanimous approval by the City Council voting members,
with the accused City Council member abstaining from the vote.
[c]
The recommendation to censure by the Ethics Commission shall
be voted upon by the City Council within 30 days of the date of the
Commission's decision. In the event that either party has additional
pertinent facts, the Ethics Commission may reconsider its recommendation
prior to the City Council vote. If an additional or amended recommendation
is issued by the Ethics Commission, then the thirty-day period shall
commence from the date of the additional or amended recommendation.
(3)
If the City Council censures one of its members, or an elected and/or
appointed City official, it can also take the following actions:
(a)
Remove the Council member or elected and/or appointed City official
from a City board or commission; or
(b)
Remove the Council member or elected and/or appointed City official
from an independent board or commission other than the City if allowed
by the by-laws of that board or commission (e.g., regional boards);
or
(c)
Request an apology to the Mayor, City Council and/or the appointed
official, the complainant, or all the above;
(d)
Remove access privileges to City Hall other than for areas that
are publicly accessible; and
(e)
Such additional actions that may be available through judicial
intervention.
