As used in this chapter, the following terms shall have the meanings indicated:
APPOINTED CITY OFFICIALA member of any board, commission, committee or authority of the City of College Park, whether salaried or not, who is appointed to such position by action of the Mayor and Council.
BUSINESS ENTITYAny corporation, limited liability company, general or limited partnership, sole proprietorship (including a private consulting operation), joint venture, unincorporated association or firm, institution, trust, foundation or other organization, whether organized for profit or not. Business entity does not include a governmental entity.
[Amended 8-9-2011 by Ord. No. 11-O-10]
Includes any natural child, adopted child, stepchild, foster child or grandchild of whatever age.
CITY OFFICIAL OR EMPLOYEEAny person elected to, appointed to or employed by the City or any City board, commission, committee, authority or other City body, whether or not compensated and whether or not paid in whole or in part with City funds.
COMMISSIONThe Ethics Commission of the City of College Park.
COMPENSATIONAny money or thing of value, regardless of the form, received or to be received by any person subject to this chapter from an employer or employee for service rendered.
COMPLAINANTA person who files a written complaint with the Ethics Commission alleging a violation of any of the provisions of this chapter or Chapter
34.
Includes the following relationships, transactions or employment:
A. Having or negotiating a contract that involves the commitment of $1,000 or more of City-controlled funds.
Being regulated by or otherwise under the authority of any City body.
Being registered as a lobbyist in accordance with §
38-18 of this chapter.
DOMESTIC PARTNERAn individual with whom another individual has established a domestic partnership.
[Added 6-9-2009 by Ord. No. 09-O-03]
A relationship between two individuals who are not married, are not in a civil union or domestic partnership with another individual, and who share a primary place of residence and are financially interdependent.
[Added 6-9-2009 by Ord. No. 09-O-03]
Any person paying or agreeing to pay compensation to another person for services rendered.
ETHICS COUNSELAn independent attorney contracted by the Mayor and Council to provide legal counsel to the Ethics Commission. In addition, the Ethics Counsel will perform all legal duties required of the Ethics Commission under this chapter of the City Code; appear, defend and prosecute, before any court having jurisdiction, the decisions of the Ethics Commission; appear, defend and prosecute, before any court having jurisdiction, any matters arising under the provisions of Chapter
38 and Article
III, Fair Election Practices, of Chapter
34 of the City Code; and perform other duties consistent with this chapter as may be required by the Ethics Commission, the Mayor and Council of the City of College Park or the City Attorney.
[Amended 10-27-1998 by Ord. No. 98-O-9]
Anyone who is related to an individual by blood, marriage or adoption or is a member of an individual's household. Family members include but are not limited to an individual's spouse, domestic partner, parent, sibling, child, cousin, mother-in-law, father-in-law, grandparent, grandchild or anyone who is a member of the individual's household.
[Amended 6-9-2009 by Ord. No. 09-O-03]
The transfer of anything of economic value, regardless of the form, without adequate and lawful consideration. The term "gift" does not include the solicitation, acceptance, receipt or regulation of political campaign contributions regulated in accordance with the provisions of §
13-101 et seq. of the Election Law Article of the Annotated Code of Maryland or any provision of state, county or local law regulating the conduct of elections or the receipt of political campaign contributions. City provisions relating to elections and political campaign contributions are set forth in the City Charter, Article
IV, Voting and Elections, and Chapter
34 of the City Code.
[Amended 1-11-2005 by Ord. No. 04-O-12]
An individual's spouse, domestic partner and dependent children.
[Added 11-15-2016 by Ord. No. 16-O-11]
Any legal or equitable economic interest, whether or not subject to an encumbrance or condition, which is owned or held, in whole or in part, jointly or severally, directly or indirectly, by any person subject to this chapter. One who serves as an officer or director of a business entity, whether operated for profit or not, has an "interest" in that business entity. For purposes of this chapter, the term "interest" applies to any interest owned or held at any time during the calendar year for which a required statement is to be filed or made upon the record of the City Council or any City body. For purposes of §§
38-15 and
38-16, interest includes any interest held at any time during the reporting period.
[Amended 6-9-2009 by Ord. No. 09-O-03; 8-9-2011 by Ord. No. 11-O-10]
A. "Interest" does include: an interest in a business entity, if the official or employee:
(1) Received $1,000 or more in interest, salary, dividends, direct stock repurchases, or other consideration from that business in each of the last three years;
Is currently receiving, or in the future is entitled to receive, $1,000 or more per year from that business;
Owns more than 3% of the business, including ownership of securities held directly or indirectly, such as through mutual funds; or
Serves as an officer or director of the business.
For all purposes in this chapter, "interest" does not include:
[Amended 4-24-2012 by Ord. No. 12-O-03]
(1) 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 or 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.
An interest in a common trust fund or a trust that 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 under the Internal Revenue Code.
An interest in a business entity, if the official or employee owns 3% or less of the business, including ownership of securities held directly or indirectly, such as through mutual funds.
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.
[Added 9-9-2014 by Ord. No. 14-O-09; amended 9-11-2018 by Ord. No. 18-O-08]
LOBBYINGCommunicating in the presence of a City official or employee with the intent to influence any official action of that official or employee, or engaging in activities having the express purpose of soliciting others to communicate with a City official or employee with the intent to influence that official or employee.
[Amended 8-9-2011 by Ord. No. 11-O-10]
Includes an individual or business entity.
QUASI-GOVERNMENTAL ENTITYAn 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 12-13-2022 by Ord. No. 22-O-12]
A person named in a written complaint filed with or initiated by the Ethics Commission alleging a violation by such person of any of the provisions of this chapter or Chapter
34.