This chapter may be cited as the "City of New Carrollton, Maryland,
Public Ethics Ordinance."
In this chapter, the following terms have the meanings indicated.
BUSINESS ENTITY
A.
A 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.
B.
"Business entity" does not include a governmental entity.
COMMISSION
The City of New Carrollton Ethics Commission established under §
12-4A of this chapter.
COMPENSATION
A.
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.
B.
For the purposes of §
12-8 of this chapter, 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.
DESIGNATED SECOND HOME
[Added 2-20-2019 by Ord. No. 19-05]
A.
If an individual owns one second home, the individual' s second
home; or
B.
If an individual owns more than one second home, any one second
home the individual identifies to the Commission as the individual's
designated second home.
DOING BUSINESS WITH
A.
Having or negotiating a contract that involves the commitment,
either in a single or combination of transactions, of five thousand
dollars ($5,000.) or more of City-controlled funds;
B.
Being regulated by or otherwise subject to the authority of
the City of New Carrollton; or
C.
Being registered as a lobbyist under §
12-8 of this chapter.
ELECTED OFFICIAL
Any individual who holds an elective office of the City of
New Carrollton.
EMPLOYEE
A.
An individual who is employed by the City of New Carrollton.
B.
"Employee" does not include an elected local official.
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 one thousand dollars
($1,000.) per year; or
B.
Ownership, or the ownership of securities of any kind representing
or convertible into ownership, of more than three-percent (3%) of
a business entity by a City of New Carrollton official or employee
or the spouse of an official or employee.
GIFT
A.
The transfer of anything of economic value, regardless of the
form, without adequate and lawful consideration.
B.
"Gift" does not include a political campaign contribution regulated
under Election Law 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.
HOME ADDRESS
The address of an individual's principal home and designated
second home, if any.
[Added 2-20-2019 by Ord. No. 19-05]
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 §
12-6 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, personal representative, or trustee, unless the holder
has an equitable interest in the subject matter;
(2)
An interest in a time or demand deposit in a financial institution;
(3)
An interest in an insurance policy, endowment policy, or annuity
contract 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 that:
[Amended 12-17-2014 by Ord. No. 15-05]
(a)
Has more than twenty-five (25) participants; and
(b)
Has been determined by the Internal Revenue Service to be a
qualified trust under the Internal Revenue Code; or
[Amended 2-20-2019 by Ord. No. 19-05]
(c)
A college savings plan under the Internal Revenue Code; or
[Added 2-20-2019 by Ord. No. 19-05]
(5)
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 City of New Carrollton.
[Amended 12-17-2014 by Ord. No. 15-05; 2-20-2019 by Ord. No. 19-05]
LOBBYIST
A person required to register and report expenses related to lobbying under §
12-8 of this chapter.
LOBBYING
A.
Communicating in the presence of a City of New Carrollton official
or employee with the intent to influence any official action of that
official or employee; or
B.
Engaging in activities with the express purpose of soliciting
others to communicate with a City of New Carrollton official or employee
with the intent to influence that official or employee.
OFFICIAL
An elected official, an employee of the City of New Carrollton
or a person appointed to or employed by the City of New Carrollton
or any City agency, board, commission, or similar entity:
[Amended 2-20-2019 by Ord. No. 19-05]
A.
Whether or not paid in whole or in part with City of New Carrollton
funds; and
B.
Whether or not compensated.
PERSON
Includes an individual or business entity.
PRINCIPAL HOME
The sole residential property that an individual occupies
as the individual's primary residence, whether owned or rented by
the individual.
[Added 2-20-2019 by Ord. No. 19-05]
SECOND HOME
A residential property that:
[Added 2-20-2019 by Ord. No. 19-05]
A.
An individual occupies for some portion of the filing year;
and
B.
Is not a rental property or a time-share.
[Amended 2-19-2014 by Ord. No. 14-05; 3-15-2017 by Ord. No. 17-06]
A. This section applies to all elected officials, all candidates to
be elected officials, and the following City appointees:
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The City Administrative Officer, the Chief of Police and the
Director of Public Works.
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B. Except as provided in Subsection
D of this section, an elected official, candidate to be an elected official or City appointee identified in Subsection
A above shall file the Financial Disclosure Statement required under this subsection:
(1) On a form provided by the Commission;
(2) Under oath or affirmation; and
C. Deadlines
for filing statements.
(1) Incumbent officials and appointees identified in Subsection
A shall file a Financial Disclosure Statement annually no later than April 30 of each year for the preceding calendar year.
(2) An individual who is appointed to fill a vacancy in an office for
which a Financial Disclosure Statement is required and who has not
already filed a Financial Disclosure Statement shall file a statement
for the preceding calendar year within 30 days after appointment.
(3) 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:
(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. Candidates
to be elected officials.
(1) Except for an elected official or appointee who has filed a Financial
Disclosure Statement under another provision of this section for the
reporting period, a candidate to be an elected official shall file
a Financial Disclosure Statement each year beginning with the year
in which the certificate of candidacy is filed through the year of
the election.
(2) A candidate to be an elected official shall file a statement required
under this section:
(a) On or before the earlier of April 30 or the last day for the withdrawal
of candidacy in the year of the election when the certificate of candidacy
is filed, no later than the filing of the certificate of candidacy.
(b) In the year of the election, a first interim report of campaign contributions
and expenditures since the date of the last preceding regular election
and prior to the seventh Monday preceding the election shall be filed
no later than 5:00 p.m. of the 31st day, including Sundays and legal
holidays, prior to a general or special election. A second interim
report of campaign contributions and expenditures received between
the seventh Monday preceding the election and prior to the third Monday
preceding the election shall be filed no later than 12:00 noon on
the second Friday preceding the election. A final report of campaign
contributions and expenditures not previously reported shall be filed
no later than 12:00 noon of the Friday following the election.
(c) In all other years for which a statement is required, on or before
April 30.
(d) Each candidate for the office of council member and the designated
campaign treasurer shall file with the City Clerk reports as specified
below which shall list each contribution, including any contribution
of an in-kind service, and expenditure of more than twenty-five dollars
($25.) or less. The reports shall include all contributions received
and expenditures made by the candidate or, with the knowledge of the
candidate or the candidate's treasurer, by any other person. The reports
shall include contributions made by the candidate or a member of his/her
immediate family. All reports filed shall be available for examination
by any member of the public during the normal office hours of the
City Clerk.
(3) A candidate to be an elected official:
(a) May file the statement required under §
12-6D(2)(a) of this chapter with the City Clerk or Board of Election Supervisors with the certificate of candidacy or with the Commission prior to filing the certificate of candidacy; and
(b) Shall file the statements required under §
12-6D(2)(b),
(c) and
(d) of this chapter with the Commission.
(4) If a candidate fails to file a statement required by this section
after written notice is provided by the City Clerk or Board of Election
Supervisors at least 20 days before the last day for the withdrawal
of candidacy, the candidate is deemed to have withdrawn the candidacy.
(5) The City Clerk or Board of Election Supervisors may not accept any
certificate of candidacy unless a statement required under this section
has been filed in proper form.
(6) Within 30 days of the receipt of a statement required under this
section, the City Clerk or Board of Election Supervisors shall forward
the statement to the Commission, or an office designated by the Commission.
E. Public
record.
(1) The Commission or office designated by the Commission shall maintain
all Financial Disclosure Statements filed under this section.
(2) The Commission or office designated by the Commission shall make
Financial Disclosure Statements 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 individual whose Financial Disclosure Statement
was examined or copied, the Commission or the office designated by
the Commission shall provide the individual with a copy of the name
and home address of the person who reviewed the individual'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 2-20-2019 by Ord. No. 19-05]
F. Retention
requirements. The Commission or the office designated by the Commission
shall retain Financial Disclosure Statements 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 City of New
Carrollton.
(b)
For each interest reported under this subsection, the schedule
shall include:
[1]
The name and address of the principal office of the corporation,
partnership, limited-liability partnership, or limited-liability corporation;
[2]
The nature and amount of the interest held, including any conditions
and encumbrances on the interest;
[3]
With respect to any interest transferred, in whole or in part,
at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received for
the interest, and, if known, the identity of the person to whom the
interest was transferred; and
[4]
With respect to any interest acquired during the reporting period;
[a]
The date when, the manner in which, and the identity of the
person from whom the interest was acquired; and
[b]
The nature and the amount of the consideration given in exchange
for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired.
(c)
An individual may satisfy the requirement to report the amount of the interest held under Subsection
G(2)(b)[2] of this section by reporting, instead of a dollar amount:
[1]
For an equity interest in a corporation, the number of shares
held and, unless the corporation's stock is publicly traded, the percentage
of equity interest held; or
[2]
For an equity interest in a partnership, the percentage of equity
interest held.
(3) Interests in business entities doing business with the City of New
Carrollton.
(a)
A statement filed under this section shall include a schedule of all interests in any business entity that does business with the City of New Carrollton, other than interests reported under Subsection
G(2) of this section.
(b)
For each interest reported under this subsection, 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 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 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 twenty dollars ($20.) in value or a series
of gifts totaling one hundred dollars ($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 of New Carrollton.
(b)
For each gift reported, the schedule shall include:
[1]
A description of the nature and value of the gift; and
[2]
The identity of the person from whom, or on behalf of whom,
directly or indirectly, the gift was received.
(5) Employment with or interests in entities doing business with the
City of New Carrollton.
(a)
A statement filed under this section shall include a schedule
of all offices, directorships, and salaried employment by the individual
or member of the immediate family of the individual held at any time
during the reporting period with entities doing business with the
City of New Carrollton.
(b)
For each position reported under this subsection, the schedule
shall include:
[1]
The name and address of the principal office of the business
entity;
[2]
The title and nature of the office, directorship, or salaried
employment held and the date it commenced; and
[3]
The name of each City of New Carrollton agency with which the entity is involved as indicated by identifying one or more of the three categories of "doing business," as defined in §
12-3 of this chapter.
(6) Indebtedness to entities doing business with or regulated by the
City of New Carrollton.
[Amended 2-20-2019 by Ord. No. 19-05]
(a)
A statement filed under this section shall include a schedule
of all liabilities, excluding retail credit accounts, to persons doing
business with or regulated by the City of New Carrollton 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 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 of New Carrollton. A statement filed under
this section shall include a schedule of the immediate family members
of the individual employed by the City of New Carrollton 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.
(c)
For a statement filed on or after January 1, 2019, if the individual's
spouse is a lobbyist regulated by the City, the individual shall disclose
the entity that has engaged the spouse for lobbying purposes.
[Added 2-20-2019 by Ord. No. 19-05]
(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.
H. For the purposes of §
12-6G(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 by a business entity in which the individual held
a thirty-percent (30%.) or greater interest at any time during the
reporting period.
(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. Review and enforcement.
(1) 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.
(2) The City of New Carrollton Ethics Commission may take appropriate
enforcement action to ensure compliance with this section.
[Amended 3-15-2017 by Ord. No. 17-06]
A. City
employees. The following City employees shall file the Financial Disclosure
Statement required by this section:
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City Treasurer
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Assistant City Administrative Officer
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Assistant Director of Public Works
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Police Captain
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Manager, Code Enforcement
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Director of Finance
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Human Resources Coordinator
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City Clerk
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B. Appointed
members of City boards and commissions. The members of the following
City boards and commissions shall file the Financial Disclsoure Statement
required by this section:
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Board of Appeals
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Ethics Commission
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Board of Elections
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Such other boards and commissions identified from time to time
by the Mayor and City Council.
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C. Financial Disclosure Statements required to be filed. Those individuals identified in Subsections
A and
B above must file an annual Conflict of Interest Disclosure Statement provided by the City with the Commission. The statement shall disclose those interests, gifts, compensated positions, and liabilities that may create a conflict, as provided in §
12-5 of this chapter, between the individual's personal interests and the individual's duties. A statement required under this section shall be filed annually, not later than April 30 of each calendar year during which the individual is requred to file. A statement filed under this section shall be updated by the person filing the statement to disclose those interests, gifts, compensated positions, and liabilities that occur after the initial filing that may create a conflict, as described hereinabove.
D. The Commission shall maintain all disclosure statements filed under
this section as public records available for public inspection and
copying as provided in § l 2-6E of this chapter.
If any section, sentence, clause, or phrase of this chapter
is held invalid or unconstitutional by any court of competent jurisdiction,
the ruling shall not affect the validity of the remaining portions
of this chapter.