[Amended by Bill No. 98-21]
The Council shall enact a Code of Ethics, and provide for the
enforcement and penalties for violations thereof, covering all elected
and appointed officers and employees of the County paid in whole or
in part from County funds, and including persons appointed to serve
on boards or commissions. The Code of Ethics shall provide for the
establishment of a ceiling on and the regulation of campaign expenditures
for offices established by this Charter. The Code of Ethics shall
also provide for the establishment of a five member board to administer
the Code. Members of such board, to be known as "the Board of Ethics,"
shall be appointed by the County Executive and confirmed by the Council.
Of the five members, two members shall be appointed for initial terms
of three years, two members shall be appointed for initial terms of
two years, and one member shall be appointed for an initial term of
one year. After expiration of the initial terms, all terms shall be
for four years. Not more than three members of the Board shall be
of the same political party.
[Amended by Bill No. 78-22]
The Council shall enact a public disclosure law applying to
all public officials of the County including the County Executive
and any official participating in a zoning case. The law shall require
an annual public disclosure of assets, liabilities, income, expenses,
and any other financial information that the Council may deem desirable.
(a)
No officer or employee of the County, whether elected or appointed,
shall in any manner whatsoever be interested in, or receive any benefit
from, the profits or emoluments of any contract, job, work, or service
for the County. No such officer or employee shall accept any service
or thing of value, directly or indirectly, upon more favorable terms
than those granted to the public generally, from any person, firm,
or corporation having dealings with the County, nor shall any officer
or employee receive, directly or indirectly, any part of any fee,
commission, or other compensation paid or payable by the County, or
by any person in connection with any dealings or proceedings before
any agency of the County government. No such officer or employee shall
directly or indirectly be the broker or agent who procures or receives
any compensation in connection with the procurement of any type of
bonds for County officers, employees, persons, or firms doing business
with the County. No such officer or employee shall solicit or accept
any compensation or gratuity in the form of money or otherwise for
any act or commission in the course of public work; provided that
the head of any department or board of the County may permit an employee
to receive a reward publicly offered and paid for the accomplishment
of a particular task.
(b)
The provisions of this section shall be broadly construed and strictly
enforced for the purpose of preventing officers and employees from
securing any pecuniary advantages, however indirect, from their public
associations, other than their compensation provided by law. In order
to guard against injustice, the Council may specifically authorize
any County officer or employee to own stock in any corporation or
to maintain a business in connection with any person, firm, or corporation
dealing with the County, if, on full public disclosure of all pertinent
facts to the Council by such officer or employee, the Council shall
determine that such stock ownership or connection does not violate
the public interest.
(c)
Any officer or employee of the County who intentionally violates
any of the provisions of this section shall, on conviction, forfeit
office and be imprisoned for not more than six months or fined not
more than $1,000, or both. If any person shall offer, pay, refund,
or rebate any part of any fee, commission, or other form of compensation
to any officer or employee of the County in connection with any County
business or proceeding, that person shall, on conviction, be punished
by imprisonment for not more than six months or a fine of not more
than $1,000, or both. Any contract made in violation of this section
may be declared void by the County Executive or Council. The penalties
in this section shall be in addition to all other penalties provided
by law.
No officer or employee of the County, elected or appointed,
shall compel any other officer or employee of the County to do or
perform any private service or work outside of public office or employment.
[Amended by Bill Nos. 82-50; 88-39]
No County officer or employee who is compensated by salary shall
receive any additional salary for serving as an ex officio member
of a County board, commission, or agency.
Any person shall have the right to inspect and obtain copies
of any public record in the custody of the County government as provided
for in state law. In accordance with state law, the Council may prescribe
reasonable regulations for such inspection and establish reasonable
fees for the production of requested copies.
In order for any administrative rules and regulations by an
agency of the Executive Branch to be effective they must have been
the subject of at least one advertised public hearing and be on file
with the President of the Council and the Director of Administration.
Administrative rules and regulations shall be codified in the Harford
County Code or an annual cumulative supplement thereto.
Officers of the Executive Branch who have possession of or control
over any funds of the County shall be bonded for the faithful performance
of their duties in such sum as may be fixed and with sureties to be
approved by the Council on recommendation of the County Executive.
Surety bond premiums shall be paid by the County.
The Council, the County Executive, the Director of Administration,
the Personnel Advisory Board, and the County Auditor shall have the
power to administer oaths, to compel the attendance of witnesses,
and to require the production of records and other material in connection
with any investigation, inquiry, or hearing authorized by law or this
Charter.
If any article, section, subsection, sentence, clause, or phrase
of this Charter shall be held unconstitutional, invalid, or inapplicable
to any person or circumstance, then it is intended and declared by
the people of the County that all other articles, sections, subsections,
sentences, clauses, phrases of the Charter and their application to
all other persons and circumstances shall be separable and shall not
be affected by any such decision.
As used in this Charter:
(a)
The word "bill" shall mean any measure introduced in the Council
for legislative action.
(b)
When used in connection with any action by the Council, the words
"act," "ordinance," "law," "public local law," and "legislative act"
shall be synonymous and shall mean any bill enacted in the manner
and form provided in this Charter.
(c)
The word "law" shall be construed as including all acts, public local
laws, ordinances, and other legislative acts of the Council, all ordinances
and resolutions of the County Commissioners not hereby or hereafter
amended or repealed, and all public general laws and public local
laws of the General Assembly in effect from time to time after the
adoption of this Charter whenever such construction would be reasonable.
(d)
The words "enact," "enacted," or "enactment," when used in connection
with the legislative acts of the Council, shall mean the action by
the Council in approving any item of legislative business prior to
its submission to the County Executive for approval or veto.
(e)
The word "State" shall mean the State of Maryland.
(f)
The word "person" shall include the words "individual," "corporation,"
"partnership," and "association" unless such a construction would
be unreasonable.
(g)
The word "officer" shall include the words "Council member."
(h)
The words "County Executive" shall be construed as meaning the Chief
Executive Officer of the County and the elected Executive Officer
mentioned in Section 3, Article XI-A of the Constitution of Maryland.
(i)
Whenever in this Charter the masculine gender is used, it shall be
construed to include the feminine gender.
(j)
The word "agency" when used to designate a subordinate element of
government shall be construed as including all offices, departments,
institutions, boards, commissions, and corporations of the County
government, and, when so specified, all offices, departments, institutions,
boards, commissions, and corporations which receive or disburse County
funds.
(k)
Reference to a span of time when computed in days is not intended
to include Saturdays, Sundays, or holidays of the state or nation.
The words "calendar days" are used in those instances where the span
of time is intended to include Saturdays, Sundays, and holidays of
the state and nation. Reference to a span of time is not intended
to include the day the event occurs, but shall include the last day
of a period so computed, unless it is a Saturday, Sunday, or legal
holiday, in which event the period runs until the end of the day which
is neither a Saturday, Sunday, or legal holiday.
(l)
The term "zoning case" shall include zoning reclassification cases
and Board of Appeals cases.
[Added by Bill No. 80-59]
(m)
The words "qualified voter" shall be construed to mean a person who
is qualified to be a registered voter, but without any requirement
that the person actually be registered to vote. However, for the purposes
of Sections 204, 211, 220, and 303 of this Charter, the words "qualified
voters" shall be construed to mean the registered voters of the County.
[Added by Bill No. 88-40]
[Added by Bill No. 12-29]
Public notice shall include posting on an official site that
is accessible to the public, publishing in at least one newspaper
widely circulated in the County and other means of communications
as required by law.
