In this chapter the following words have the
meanings indicated, unless the context clearly indicates otherwise:
An entity of any form, whether or not operated for profit,
including a corporation, partnership, limited liability partnership,
joint-stock association, limited liability company, professional service
corporation, sole proprietorship, joint venture, unincorporated association
or firm, institution, trust, foundation, or any other entity or form
of entity whether or not recognized under state law.
The Code of Public Local Laws of Caroline County as from
time to time amended.
The Caroline County Ethics Commission established pursuant to this Chapter 33.
Consideration given, or to be given, regardless of form,
to a Person for services rendered.
The political subdivision existing under the laws of the
State of Maryland and known as the "County Commissioners of Caroline
County," and including:
All County officials, bureaus, departments,
agencies, and offices named in the Code, or created under the authority
thereof;
The Board of Health;
The Caroline County Board of Library Trustees;
The Board of Liquor License Commissioners;
To the extent that it is not governed by a Code
of Ethics adopted in accordance with state law, the Caroline County
Board of Education; and
Any other individual or Business Entity included pursuant to any other provision of this Chapter 33.
A proceeding, application, case, contract, dispute or other
business or issue involving the County, or a Public Official in such
Public Official's official capacity.
Having, bidding on, or negotiating, or reasonably anticipating
having, bidding on, or negotiating, a contract with the County;
Being regulated by or otherwise under the authority of the County
or a Public Official (other than as an employee);
Being subject to registration as a Lobbyist in accordance with Article V of this chapter; or
Conducting or seeking to conduct business of any kind at any
expenditure level with the County.
Any individual who holds an elective office of the County.
"Elected Official" does not include the Sheriff, state's Attorney,
Register of Wills, or Clerk of the Court.
To the extent that this Chapter 33 may apply to the Board of Education of Caroline County, "Elected Official" includes any member of that Board, whether elected or appointed.
The transfer of a thing of value, in any form,
without adequate and lawful consideration.
"Gift" does not include the solicitation, acceptance,
or receipt of political campaign contributions regulated by the Maryland
Fair Election Practices Act, or by any other provision of state or
local law regulating the conduct of elections or political campaign
contributions.
"Interest" means a legal or equitable Interest,
whether or not subject to an encumbrance or a condition, which is
owned or held by a Person subject to this chapter in any way, in whole
or in part, jointly or severally, directly or indirectly.
"Interest" includes:
Ownership of an Interest as the result of which
the owner has received within the past three years, is currently receiving,
or in the future is entitled to receive a cumulative total of more
than $1,000; or
Ownership of more than 3% of a Business Entity;
or
Ownership of securities of any kind that Represent,
or are convertible into, ownership of more than 3% of a Business Entity.
"Interest" does not include:
An Interest held by a Person acting in the capacity
of a personal representative, agent, custodian, fiduciary, or trustee;
An Interest in a time or demand deposit in a
financial institution;
An Interest in an insurance or endowment policy
or annuity contract under which an insurer promises to pay a fixed
number of dollars either in a lump sum or periodically for life or
some other specified period; or
A common trust fund or a trust that forms part
of a pension or profit-sharing plan that 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 of 1986, as from
time to time amended.
Communicating with a Public Official for the purpose of influencing
legislative or executive action.
A Person who engages in Lobbying and who, within a reporting
period:
For the purpose of influencing legislative or
executive action either:
Incurs or expends $250 or more of expenses (but,
in the case of meals, beverages, special events, or Gifts for Public
Officials, an amount or value of expenses of $100) cumulatively, not
including personal travel and subsistence expenses; or
Receives $500 or more as Compensation for Lobbying;
For the purpose of influencing the comprehensive
rezoning process, expends money, irrespective of the amount, on a
Public Official for meals, beverages, special events, or Gifts.
"Lobbyist" does not include an individual who
strictly:
Provides professional services in drafting bills
or in advising and rendering opinions to clients regarding the construction
and effect of proposed or pending County Commissioner actions;
Appears before the County Commissioners at the
specific invitation or request of the Commissioners, insofar as that
particular appearance is concerned;
Makes appearances as part of the official duties
of a duly elected or appointed official or employee of the state or
a political subdivision of the state, or of the United States, provided
the appearance is not on behalf of another Business Entity;
Appears before the County Commissioners at the specific invitation or request of a registered Lobbyist, provided that the individual does not engage in activities enumerated in Subsection A or B of this definition, and provided the individual identifies to the Commissioners that the individual is testifying at the request of the Lobbyist;
Makes appearances as part of the official duties
of an officer, director, member, or employee of an association engaged
exclusively in Lobbying for counties or municipalities and not on
behalf of another Business Entity; or
Represents a bona fide religious organization
solely for the purpose of protecting the right of its own members
to practice the doctrine of the organization.
Administrative or operating authority over a County Matter,
whether intermediate or final, exercisable either alone or with others,
either personally or through subordinates.
An individual or a Business Entity.
Doing anything for Compensation that reasonably could be
expected to be of benefit to a Person which is not a government agency
with respect to a County Matter.
Direct participation in a County Matter by a
former Public Official in which the former Public Official's involvement
was or appeared to be significant to a decision, approval, or recommendation
concerning the County Matter.
"Significantly Participated" includes the participation
of a subordinate of the former Public Official if the subordinate
was actually directed in the County Matter by the former Public Official.
"Significantly Participated" is not established
solely by having general responsibility, authority, or oversight with
respect to the County Matter or matters substantially similar to the
County Matter as a part of the Public Official's day-to-day responsibilities.
A.Â
The County Commissioners, in recognition that representative
government is dependent in part on the people maintaining the highest
trust in their Public Officials, find and declare that the people
have a right to be assured that the impartiality and independent judgment
of Public Officials will be maintained.
B.Â
It is evident that public confidence and trust is
eroded when the conduct of County Matters is subject to improper influence
or when there is the appearance of improper influence.
C.Â
For the purpose of guarding against improper influence, the County Commissioners of Caroline County enact this Chapter 33 to:
D.Â
It is the intention of the County Commissioners that
this chapter, except for its provisions regarding criminal sanctions,
be liberally construed to accomplish the purpose of guarding against
improper influence.
