The purposes of this chapter are:
A.
To encourage City officials and employees to abide
by high ethical standards in all matters affecting the City and the
public trust.
[Amended 8-10-2021 by Ord. No. 21-O-10]
B.
To provide ethical standards by specifying actions
that if taken by a City official or employee would be incompatible
with the best interests of the City and the public trust.
C.
To establish disclosure requirements for City officials
and employees, candidates for elective City office, nominees for appointed
City office and lobbyists of any financial or other interests that
may affect or may be perceived to affect the fulfillment of official
City duties.
[Amended 8-10-2021 by Ord. No. 21-O-10]
[Amended 1-11-2005 by Ord. No. 04-O-12; 8-9-2011 by Ord. No. 11-O-10]
The provisions of this chapter apply to all
City officials and employees, candidates for elective City office,
appointees to boards and commissions, and persons lobbying before
City officials or City bodies.
If any provision of this chapter is held invalid,
the remainder of the chapter shall not be affected.
As used in this chapter, the following terms
shall have the meanings indicated:
A 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.
Any 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.
The City of College Park Attorney.
Any 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.
The Ethics Commission of the City of College Park.
Any 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.
A 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:
An 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]
The Mayor and any member of the Council of the City of College
Park.
Any person paying or agreeing to pay compensation to another
person for services rendered.
An 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]
"Interest" does include: an interest in a business
entity, if the official or employee:
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]
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]
Communicating 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.
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 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.
