[Amended 11-5-2012 by Ord. No. 755-12]
The provisions of this chapter apply to all officials, candidates,
employees, and appointees to boards and commissions of the Town of
Bel Air.
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
BUSINESS ENTITY
Any partnership, association, corporation, firm, institution,
trust, foundation, sole proprietor, or other organization (except
the state and the Town of Bel Air or any agency thereof), whether
or not operated for profit.
CANDIDATE
A person filing for election to a municipal office.
COMPENSATION
Money or any other valuable thing, regardless of form, received
or to be received by a person from an employer for services rendered.
FINANCIAL INTEREST
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 an official, employee or spouse of an official or employee has
ownership of more than 3% of a business entity.
GIFT
The transfer of anything of economic value, regardless of
form, without adequate and lawful consideration. A gift does not include
the solicitation, acceptance, receipt, or regulation of a political
contribution that is regulated in accordance with the Election Law
Article of the Annotated Code of Maryland or any other state law regulating
the conduct of elections or the receipt of political contributions.
INTEREST
Any legal or equitable economic interest that is owned or
held, in whole or in part, jointly or severally, directly or indirectly,
whether or not the economic interest is subject to an encumbrance
or condition. However, "interest" shall not include an interest held
in the capacity of an agent, custodian, fiduciary, personal representative,
or trustee, unless the holder has an equitable interest in the subject
matter; an interest in a time or demand deposit in a financial institution; an
interest in exchange-traded funds (like a mutual fund); 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 some other specified period; or a common
trust fund or a trust that forms part of a pension or a profit-sharing
plan that has more than 25 participants and is determined by the IRS
to be a qualified trust or college savings plan under the Internal
Revenue Code.
[Amended 12-3-2018 by Ord. No. 787-18]
OFFICIAL or EMPLOYEE
Any Town Commissioner of the Town of Bel Air or person employed
by and receiving compensation from the Town of Bel Air in any capacity;
or on boards or commissions of the Town.
[Amended 11-5-2012 by Ord. No. 755-12]
REAL PROPERTY
Land owned, leasehold interest, or option to purchase.
TOWN AGENCY
Any Town office, department, institution, board, commission
or corporation which is recognized as a branch or segment of Town
government, either by the Town Charter or by any ordinance or resolution
of the Town.
[Amended 11-5-2012 by Ord. No. 755-12]
TRANSACTION INVOLVING THE TOWN OF BEL AIR
Any proceeding, application, submission, request for filing
or other determination, any contract, claim or case, any sale or purchase,
any computer transfer of moneys or information, or other such matter
that the Town of Bel Air or any of the agencies, boards, commissions
and offices thereof may be a party to or in which the Town of Bel
Air may reasonably be expected to be a party.
[Amended 11-5-2012 by Ord. No. 755-12]
This section applies to all elected officials and candidates
to be elected officials.
A. Except as provided in Subsection
C of this section, an elected official or a candidate to be an elected official shall file the financial disclosure form, provided by the Board of Ethics, required under this section:
(1) Under oath or affirmation; and
(2) With the Board of Ethics.
B. Deadlines for filing financial disclosure forms.
(1) An incumbent elected official shall file a financial disclosure form
annually, no later than April 30 of each year for the preceding calendar
year.
(2) An individual who is appointed to fill a vacancy in an office for
which a financial disclosure form is required and who has not already
filed the form shall file a financial disclosure form for the preceding
calendar year within 30 days after appointment.
(3) An individual who, other than by reason of death, leaves an office
for which a financial disclosure form is required shall file the complete
form within 60 days after leaving the office.
C. The statement shall cover:
(1) The calendar year immediately preceding the year in which the individual
left office, unless a statement covering that year has already been
filed by the individual; and
(2) The portion of the current calendar year during which the individual
held the office.
D. Candidates to be elected officials.
(1) Except for an official who has filed a financial disclosure form
under another provision of this section for the reporting period,
a candidate to be an elected official shall file a financial disclosure
form each year beginning with the year in which the certificate of
candidacy is filed through the year of the election.
(2) A candidate to be an elected official shall file a financial disclosure
form required under this section:
(a) In the year the certificate of candidacy is filed, no later than
the filing of the certificate of candidacy; or
(b) If the year of the election if different from the year the certificate
of candidacy was filed, on or before April 30; and
(c) In all other years for which a statement is required, on or before
April 30.
(3) A candidate to be an elected official:
(a) May file the required financial disclosure form under Subsection
D(2)(a) of this section with the Town Clerk or Board of Ethics with the certificate of candidacy or prior to filing the certificate of candidacy; and
(b) Shall file the financial disclosure form required under Subsection
D(2)(b) and
(c) of this section with the Board of Ethics.
(4) If a candidate fails to file a financial disclosure form required
by this section after written notice is provided by the Town Clerk
or Board of Ethics, the candidate is deemed to have withdrawn the
candidacy.
(5) The Town Clerk and Board of Ethics may not accept any certificate
of candidacy unless a financial disclosure form has been filed in
proper form.
(6) Within 10 days of the receipt of a financial disclosure form required
under this section, the Town Clerk shall forward the statement to
the Board of Ethics.
E. Public record.
(1) The Town Clerk's office shall maintain all completed financial
disclosure forms filed under this section.
(2) Financial disclosure form shall be made available during normal office
hours for examination and copying by the public, subject to administrative
procedures and reasonable fees, as established in the Town's
Fee Schedule passed by the Board of Town Commissioners.
(3) If an individual examines or copies a financial disclosure form,
the Town Clerk shall record:
(a)
The name and home address of the individual reviewing or copying
the statement; and
(b)
The name of the person whose financial disclosure form was examined
or copied.
(4) Upon request by the official or employee whose financial disclosure
form was examined or copied, the Board of Ethics shall provide the
official with a copy of the name and home address of the person who
reviewed the official's financial disclosure form.
(5) Retention requirements. The Town Clerk's office shall retain
financial disclosure forms for four years from the date of receipt.
(6) The home address of the elected official or candidate to be an elected
official, as identified by the individual, shall be redacted prior
to making it publicly available. This applies to all disclosure statements,
whether posted on the internet or viewable only in the office.
[Added 12-3-2018 by Ord. No. 787-18]
F. Contents of financial disclosure forms from incumbents and elected
officials.
(1) Interests in real property. A financial disclosure form filed under
this section shall include a schedule of all interests in real property,
wherever located. For each interest in real property, this schedule
shall include:
(a)
The nature of the property and the location, by street address,
mailing address or legal description, of the property.
(b)
The nature and extent of the interest held, including any conditions
and encumbrances on the interest;
(c)
The date when, the manner in which, and the identity of the
person from whom the interest was acquired;
(d)
The nature and amount of the consideration given in exchange
for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired;
(e)
If any interest was transferred, in whole or in part, at any
time during the reporting period, a description of the interest transferred,
the nature and amount of the consideration received for the interest,
and the identity of the person to whom the interest was transferred;
and
(f)
The identity of any other person with an interest in the property.
(2) Interest in corporations and partnerships. A financial disclosure
form filed under this section shall include a schedule of all interests
in any corporation, partnership, limited liability partnership, or
limited liability corporation, regardless of whether the corporation
or partnership does business with the Town.
(a) Interests
reported under this subsection need not include exchange-traded funds
(ETF), such as mutual funds.
[Added 12-3-2018 by Ord. No. 787-18]
(b)
For each interest reported under this subsection, the schedule
shall include:
[1]
The name and address of the principal office of the corporation,
partnership, limited liability partnership, or limited liability corporation;
[2]
The nature and amount of the interest held, including any conditions
and encumbrances on the interest;
[3]
With respect to any interest transferred, in whole or in part,
at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received for
the interest and, if known, the identity of the person to whom the
interest was transferred; and
[4]
With respect to any interest acquired during the reporting period:
[a]
The date when, the manner in which and the identity of the person
from whom the interest was acquired; and
[b]
The nature and the amount of the consideration given in exchange
for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired.
(c)
An individual may satisfy the requirement to report the amount
of the interest held by reporting, instead of a dollar amount:
[1]
For an equity interest in a corporation, the number of shares
held and, unless the corporation's stock is publicly traded,
the percentage of equity interest held; or
[2]
For an equity interest in a partnership, the percentage of equity
interest held.
(3) Interests in business entities doing business with the Town. A financial disclosure form filed under this section shall include a schedule of all interests in any business entity that does business with the Town, other than interests reported under Subsection
F(2). For each interest reported under this subsection, the schedule shall include:
(a)
The name and address of the principal office of the business
entity;
(b)
The nature and amount of the interest held, including any conditions
to and encumbrances in the interest;
(c)
With respect to any interest transferred, in whole or in part,
at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received in
exchange for the interest, and, if known, the identity of the person
to whom the interest was transferred; and
(d)
With respect to any interest acquired during the reporting period:
[1]
The date when, the manner in which, and the identity of the
person from whom the interest was acquired; and
[2]
The nature and the amount of the consideration given in exchange
for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired.
(4) Gifts. A gift disclosure form filed annually under this section shall
include a schedule of each gift in excess of $20 in value or a series
of gifts totaling $100 or more received on or before April 30 of each
year from or on behalf of, directly or indirectly, any one person
who does business with or is regulated by the Town. For each gift
reported, the schedule shall include:
(a)
A description of the nature and value of the gift; and
(b)
The identity of the person from whom, or on behalf of whom,
directly or indirectly, the gift was received.
(5) Employment with or interests in entities doing business with the
Town. A financial disclosure form filed under this section shall include
a schedule of all offices, directorships, and salaried employment
by the individual or member of the immediate family of the individual
held at any time during the reporting period with entities doing business
with the Town. For each position reported under this subsection, the
schedule shall include:
(a)
The name and address of the principal office of the entity;
(b)
The title and nature of the office, directorship, or salaried
employment held and the date it commenced; and
(c)
The name of each Town agency with which the entity is involved.
(6) Indebtedness to entities doing business with the Town. A financial
disclosure form filed under this section shall include a schedule
of all liabilities, excluding retail credit accounts, to persons doing
business with the Town owed at any time during the reporting period:
(b)
By a member of the immediate family of the individual if the
individual was involved in the transaction giving rise to the liability.
(7) For each liability reported under this subsection, the financial
disclosure form shall include:
(a)
The identity of the person to whom the liability was owed and
the date the liability was incurred;
(b)
The amount of the liability owed as of the end of the reporting
period;
(c)
The terms of payment of the liability and the extent to which
the principal amount of the liability was increased or reduced during
the year; and
(d)
The security given, if any, for the liability.
(8) A financial disclosure form filed under this section shall include
a schedule of the immediate family members of the individual employed
by the Town in any capacity at any time during the reporting period.
(9) Sources of earned income.
(a)
A financial disclosure form filed under this section shall include
a schedule of:
[1]
The name and address of each place of employment and of each
business entity of which the individual or a member of the individual's
immediate family was sole or partial owner and from which the individual
or a member of the individual's immediate family received earned
income, at any time during the reporting period.
(b)
A minor child's employment or business ownership need not
be disclosed if the Town does not regulate, exercise authority over,
or contract with the place of employment or business entity of the
minor child.
(c)
An elected or appointed official or employee, or candidate for
such position, of the Town of Bel Air, whose spouse is or was a regulated
lobbyist, within one calendar year of said position or candidacy,
must disclose the entity or entities that engaged the spouse to lobby.
[Added 12-3-2018 by Ord. No. 787-18]
(10) A financial disclosure form filed under this section may also include
a schedule of additional interests or information that the individual
making the statement wishes to disclose.
[Amended 11-5-2012 by Ord. No. 755-12]
The Board of Ethics may grant exemptions and modifications to the provisions of §§
43-4 and
43-6 of this chapter to employees and to appointed members of the Town Board and commissions when the Board of Ethics finds that an exemption or modification would not be contrary to the purposes of this chapter and the application of this chapter would:
A. Constitute
an unreasonable invasion of privacy; and
B. Significantly
reduce the availability of qualified persons for public service.