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City of Hagerstown, MD
Washington County
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Table of Contents
Table of Contents
Code
New Laws (50) Index
[HISTORY: Adopted by the Mayor and Council of the City of Hagerstown 11-23-2010 by Ord. No. O-10-28[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 10.
Code of Ethics — See Ch. 33.
[1]
Editor's Note: This ordinance also repealed former Ch. 35, Ethics Commission, adopted 3-2-1982.
There is hereby established an Ethics Commission for the City of Hagerstown, Maryland.
The Ethics Commission shall be comprised of five City residents, who shall be and are charged with the responsibilities set forth in Chapters 33 and 35 of the City Code. Membership of the Ethics Commission shall consist of two members nominated and appointed by the Mayor, with advice and consent of Council; two members appointed by the Mayor from a pool of candidates nominated by the Council; and one member appointed by the Mayor from a pool of candidates nominated by the City Administrator. Upon the occurrence of a vacancy on the Ethics Commission, a replacement member shall be appointed by the Mayor from newly recommended candidates nominated by the original nominating body for said vacant position. The minimum number of nominees proposed by the Council and City Administrator for membership on the Ethics Commission shall be a minimum of twice the number of currently vacant positions for which the respective nominator is responsible.
Each member of the Commission, other than the initial members, shall serve a five-year term, with no member serving more than two consecutive terms. To allow for staggered terms, of the initial members nominated, one's initial term shall be five years, one's initial term shall be four years, one's initial term shall be three years, one's initial term shall be two years, and one's initial term shall be one year.
The Commission referred to herein shall be advised by the City Attorney and shall have the following responsibilities:
A. 
To devise, receive and maintain all forms generated by this chapter and Chapter 33, Ethics, Code of.
B. 
To provide published advisory opinions to persons subject to this chapter and Chapter 33, Ethics, Code of, as to applicability of the provisions of those chapters to them.
C. 
To process and make determinations as to complaints filed by any person alleging violations of this chapter and Chapter 33, Ethics, Code of.
D. 
To conduct a public information program regarding the purposes and application of this chapter and Chapter 33, Ethics, Code of.
E. 
To recommend and coordinate ongoing education for the applicable individuals regarding the purposes and application of this chapter and Chapter 33, Ethics, Code of.
F. 
To grant exceptions to the prohibitions of § 33-3 as permitted therein, and exercise all powers conferred upon the Commission by the Code of Ethics of the City of Hagerstown.
[Added 8-23-2011 by Ord. No. O-11-17]
G. 
To certify to the State Ethics Commission that the City of Hagerstown is in compliance with all Code of Ethics requirements for elected officials, on or before October 1 of each year.
[Added 8-23-2011 by Ord. No. O-11-17]
H. 
To meet regularly, at least quarterly, to conduct the business listed above.
[Added 4-28-2020 by Ord. No. O-20-07]
In the event that any City elected official, officer, employee, agency, administrative board or department is a party to any proceedings before the Commission, and it is determined either by a vote of a majority of the Commission or the City Attorney that there would be a conflict of interest in such case, then the Commission may engage within its discretion other counsel from Washington County, Maryland, to act on behalf of the Commission.