[HISTORY: Adopted by the Commissioners of
the Town of Ridgely 12-7-1981 by Ord. No. 69. Amendments noted where
applicable.]
The provisions of this chapter apply to the
following Ridgely officials and employees:
A.
Commissioners of Ridgely.
[Amended 9-10-2007 by Ord. No. 305]
C.
Clerk/Treasurer.
D.
Assistant Clerk/Treasurer.
E.
Town Engineer.
F.
Police Chief.
G.
Police officers.
H.
Town maintenance personnel.
I.
Waste Treatment Plant Operator.
J.
Other town employees.
K.
Members of boards, commissions, and committees of
the Town of Ridgely.
[Added 9-10-2007 by Ord. No. 305]
[Amended 9-10-2007 by Ord. No. 305]
There shall be a Ridgely Ethics Commission,
which shall be composed of three citizens of the Town of Ridgely appointed
by the Commissioners of Ridgely. No member nor the spouse, child,
parent, grandparent, aunt, uncle, or cousin shall be a current member
of any board, commission, committee, or employee of the Town of Ridgely.
The members so appointed will be for a three-year term, except the
initial members will be appointed to staggered terms as such: one
member for a term of one year, one member for a term of two years,
and one member for a term of three years, after which all members
will then serve three-year terms. The Commission shall be advised
by the Attorney for the Town of Ridgely and shall have the following
responsibilities:
A.
To devise, receive and maintain all forms generated
by this chapter.
B.
To provide published advisory opinions to persons
subject to this chapter as to the applicability of the provisions
of this chapter to them.
C.
To process and make determinations as to complaints
filed by any person alleging violations of this chapter.
D.
To conduct a public information program regarding
the purposes and application of this chapter.
Ridgely officials and employees who are subject
to this chapter shall not:
A.
Participate on behalf of the Town of Ridgely in any
matter which would have a direct financial impact on them, their spouse
or dependent child or a business entity with which they are affiliated.
B.
Hold or acquire an interest of either $10,000 or 25%
or greater in a business entity that has or is negotiating a contract
of $3,000 or more with the Town of Ridgely or is regulated by their
agency.
C.
Be employed by a business entity that has or is negotiating
a contract of more than $20,000 with the Town of Ridgely or is regulated
by their agency.
D.
Represent any party, for a contingent fee, before
any town body.
E.
Within one year following termination of town services,
act as a compensated representative of another in connection with
any specific matter in which they participated substantially as a
town official or employee.
F.
Solicit or accept gifts of greater than $50 in value
from any person that has or is negotiating a contract with the town
or is regulated by their agency, except where such gifts would not
present a conflict of interest as determined by the Commission.
G.
Use the prestige of their office for their own benefit
or that of another.
H.
Use confidential information acquired in their official
town position for their own benefit or that of another.
A.
The town officials and employees and candidates for offices listed in Subsection B of this section shall file annually, no later than January 31 of each calendar year during which they hold office, a statement with the Commission disclosing any gifts received during the preceding calendar year from any person having a contract with the town or any person regulated by their agency. The statement shall identify the donor of the gift and its approximate retail value at the time of receipt.
B.
Officials and employees required to file are:
C.
All town officials and employees subject to this chapter
shall file a statement with the Commission disclosing any interest
or employment, the holding of which would require disqualification
from participation pursuant to the following:
(1)
The disqualification provision of this chapter prohibiting
official participation by covered officials and employees in municipal
matters, the outcome of which would have a direct economic impact
on the official or employee, his or her spouse or dependent child
or a business entity with which the official or employee is affiliated,
depending on local circumstances, threshold levels of value of an
official local transaction or of value of the official's interest
in the matter could be established.
(2)
A provision allowing participation where the potential
conflict is disclosed and no other official may act may be established.
Exemption provisions may also be established allowing waiver of the
disqualification requirement where there is no conflict of interest
or where the interest of the official or other person is found to
be too remote and insubstantial to affect the integrity of this public
action.
A.
Any person who personally appears before any town
official or employee with the intent to influence that person in the
performance of his or her official duties and who, in connection with
such intent, expends or reasonably expects to expend in a given calendar
year in excess of $240 on food, entertainment or other gifts for such
official shall file a registration statement with the Commission no
later than January 15 of the calendar year or within five days after
first making such appearances.
B.
The registration statement shall include complete
identification of the registrant and of any other person on whose
behalf the registrant acts. It shall also identify the subject matter
on which the registrant proposes to make such appearances.
C.
Registrants under this chapter shall file a report
within 30 days after the end of any calendar year during which they
were registered disclosing the value, date and nature of any food,
entertainment or other gift provided to a town official or employee.
Where a gift or series of gifts to a single official or employee exceeds
$240 in value, the official or employee shall also be identified.
A.
The Commission may issue a cease and desist order
against any person found to be in violation of this chapter and may
seek enforcement of such order in the Circuit Court of Caroline County.
B.
A town official or employee found to have violated
this chapter may be subject to disciplinary or other appropriate personnel
action, including suspension of town salary or other compensation.
C.
`Violation of this chapter shall be a misdemeanor
subject to a fine of up to $500 but not less than $5 or imprisonment
of up to one year, or both.
