Specific definitions:
APPOINTED OFFICIAL
(5)
Any special counsel appointed by the Mayor;
(6)
Town Zoning Administrator;
(8)
Town Code Enforcement Official;
(9)
All Town department directors;
(10)
Members of the Town Planning Commission, Board of Appeals, Board
of Elections, and Ethics Commission.
BOARD or COMMISSION
A unit composed of at least two members, all of whom are
appointed and serve on a part-time basis.
BUSINESS ENTITY
A person or company engaged in business, whether profit or
nonprofit, regardless of form.
CHAPTER
This Chapter
25 of the Code of the Town of Chesapeake Beach.
[Added 7-20-2023 by Ord. No. O-23-20]
CLOSE RELATIVE
One's parents, spouse, domestic partner, siblings, and children.
COMPENSATION
Money or any other valuable thing, regardless of form, received
or to be received by a person from an employer for services rendered.
CONFLICT OF INTEREST
Means that 1) a covered person, 2) a close relative of the
person, or 3) an organization or entity to which the covered person
owes a fiduciary duty has interests which differ from those of the
Town with respect to a specific matter.
EARNED INCOME
Has the same meaning as under federal tax law. It includes
wages, salaries, tips, strike benefits, long-term disability benefits
received prior to minimum retirement age, and net earnings from self-employment
from a business or farm owned by the person. It does not include interest,
dividends, retirement income, social security, unemployment benefits,
alimony, or child support.
ELECTED OFFICIAL
The Mayor, the Mayor-elect, or a member or member-elect of
the Town Council.
EMPLOYEE
A person who is employed by the Town but does not include
an elected public official.
EMPLOYER
An entity that pays or agrees to pay compensation to another
entity for services rendered.
ENTITY
A person, a company, or a government or instrumentality of
government.
ENTITY DOING BUSINESS WITH THE TOWN
An entity which has a contract with the Town, has sold the
Town any goods or services, or has proposed a contract or sale of
goods or services.
FINANCIAL INTEREST
(1)
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, more than $1,000 per year; or
(2)
Ownership of more than 3% of a business entity by a covered
person or his or her spouse; or
(3)
Ownership of securities of any kind that represent, or are convertible
into, ownership of more than 3% of a business entity by a covered
person or his or her spouse.
GIFT
The transfer of anything of economic value, regardless of
form, without adequate and lawful consideration.
HONORARIUM
Money or a thing of value, except a payment for writing a
book that has been or is intended to be published, that is transferred
to a person for:
(1)
Speaking to, participating in, or attending a meeting or other
function; or
(2)
Writing an article that has been or is intended to be published.
INTEREST
A legal or equitable economic interest that is owned or held
wholly or partly, jointly or severally, or directly or indirectly,
whether or not the economic interest is subject to an encumbrance
or condition. Interest does not include:
(1)
An interest held in the capacity of 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;
an interest in an insurance policy, endowment policy, or annuity contract
by which an insurer promises to pay a fixed amount of money in a lump
sum or periodically for life or a specified period;
(3)
A common trust fund or a trust that forms part of a pension
or a profit-sharing plan that:
(a)
Has more than 25 participants; and
(b)
Is determined by the Internal Revenue Service to be a qualified
trust or college savings plan under the Internal Revenue Code; or
(4)
A mutual fund that is publicly traded on a national scale unless
the mutual fund is composed primarily of holdings of stocks and interests
in a specific sector or area that is regulated by the person's governmental
unit.
INTEREST ATTRIBUTABLE
The following are deemed to be the interests of a person
covered by this chapter:
(1)
An interest of a close relative in which the covered person
(or an entity in which the covered person held a greater than 50%
interest) held a greater than 50% interest at any time during the
applicable period;
(2)
Business entities.
[Amended 3-16-2023 by Ord. No. O-23-1]
(a)
A business entity in which the individual held a 10% or greater
interest;
(b)
A business entity described in Subsection
(2)(a) of this definition in which the business entity held a 25% or greater interest;
(c)
A business entity described in Subsection
(2)(b) of this definition in which the business entity held a 50% or greater interest; and
(d)
A business entity in which the individual directly or indirectly,
through an interest in one or a combination of other business entities,
holds a 10% or greater interest.
(3)
An interest held by a trust or estate in which, at any time
during the applicable period, the covered person was a beneficiary
or held a reversionary interest or, if a revocable trust, was a settlor.
LEGISLATIVE ACTION
An official action, including introduction, sponsorship,
consideration, debate, amendment, passage, defeat, approval, and veto,
or non-action relating to:
(1)
An ordinance, a resolution, an amendment, a nomination, an appointment,
a report, or any other matter within the jurisdiction of the Town
Council;
(2)
An ordinance presented to the Mayor for signature or veto; or
(3)
Testimony or other advocacy in an official capacity as a member
of the Town Council before a unit of state or local government.
OBLIGEE
An entity to whom a debt or other monetary obligation is
owed.
PROCUREMENT CONTRACT
Has the meaning stated in § 11-101 of the Maryland
State Finance and Procurement Article.
QUASI-GOVERNMENTAL 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 3-16-2023 by Ord. No. O-23-1]
RESPONDENT
Anyone who is the subject of a complaint before the Ethics
Commission.