[HISTORY: Adopted by the Mayor and Common Council of the
City of Westminster 4-13-2015 by Ord. No.
852.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Boards and commissions — See Ch. 7.
Officers and employees — See Ch. 29.
[1]
Editor's Note: This ordinance also repealed former Ch. 16,
Ethics, Code of, adopted as Ch. 6A of the 1972 Code, as amended through
1990.
For the purposes of this chapter, the following words and phrases
shall have the meanings indicated:
A commercial endeavor, regardless of form, whether or not
operated for profit, other than a governmental entity.
The City Ethics Commission established under § 16-3 of this chapter.
Having or negotiating a contract with the City that involves
the commitment, or having received from the City compensation for
goods or services, either in a single transaction or a combination
of transactions, during the five-year period immediately preceding
the filing, of $5,000 or more of City-controlled funds or having requested
or received a grant of City-controlled funds in an amount equal to
or exceeding 5% of the operating budget or, with respect to a commercial,
for-profit entity, the gross revenues of the recipient.
[Amended 12-14-2020 by Ord. No. 929]
Any individual who holds an elective office of the City.
A monetary donation, other than a campaign contribution,
or other item of more than nominal value received by an official or
employee for his or her personal use or for the use of a family member
of the official or employee, whether or not the official or employee
disposes of the item at any time after receipt but does not include
items received or solicited by an official or employee for use by
or benefit of the City and that are delivered to the custody of the
City Manager directly by the donor or transferred to the custody of
the City Manager by the employee or official within seven days of
receipt.
Spouse and dependent children.
Ownership of:
Any share or portion of real property;
Ownership of securities of any kind representing more than 3%
of a publicly traded corporation;
A legal or equitable interest in a business entity other than
a publicly traded corporation as a result of which the owner has received
within the past three years, is presently receiving, or in the future
is entitled to receive, more than $1,000 per year.
Interest does not include:
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;
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;
Any person who communicates with a City official in the presence of such official for the purpose of influencing any official action of that official or engages in activities with the express purpose of soliciting others to communicate with a City official with the intent to influence an offical action of that official, and is required to register and report expenses related thereto under § 16-7 of this chapter.
Having a fair market value of less than $20.
The Mayor, the members of the Common Council, the City Administrator,
City Clerk, the Director of Planning, the Director of Public Works,
the Director of Recreation and Parks, the Director of Finance, and
the Chief of Police, members of the Planning and Zoning Commission,
members of the Board of Zoning Appeals, and members of the City Ethics
Commission.
A spouse, parent, child, or sibling.
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 11-14-2022 by Ord. No. 945]
A.
There shall be a City Ethics Commission that shall consist of three
members and one alternate member appointed by the Mayor and confirmed
by the Common Council. The members of the Commission shall not be
employed by the City or hold any position with a board or commission
of the City. The Mayor and Common Council may approve a temporary
leave of absence for any member of the Ethics Commission, provided
that such leave of absence does not extend for a period of time greater
than nine months. The alternate member may participate in any action
of the Commission to the same extent as a regular member when any
regular member is unavailable for any reason, including any temporary
leave of absence taken by a regular member.
[Amended 7-13-2015 by Ord. No. 855]
B.
The term of office shall be for five years, or until a member's successor
is appointed, whichever later occurs.
C.
The Commission shall be advised by the City Attorney or such other
counsel as may be designated by the Mayor and Common Council from
time to time, and shall be assisted by the City Clerk or such other
staff person as the City Administrator shall designate from time to
time.
D.
The Commission shall have the following responsibilities:
(1)
To devise, receive and maintain all forms required by this chapter.
(2)
To develop procedures and policies for advisory opinion requests
and to provide advisory opinions to persons subject to this chapter
as to the applicability of the provisions of this chapter to them.
(3)
To develop procedures and policies for processing complaints and
to make appropriate determinations as to complaints filed by any person
alleging a violation of this chapter.
(4)
To certify to the State Ethics Commission on or before October 1
of each year that the City is in compliance with the requirements
of Annotated Code of Maryland, General Provisions, Title 5, Subtitle
6, with respect to elected officials.
(5)
To consider whether proposed changes to this chapter that are forwarded
to the Commission for its review are in compliance with the requirements
of Maryland Code Ann., Gen. Provs., Title 5, and to forward any recommended
changes and amendments to the Common Council for its consideration.
E.
In the event that a complaint is lodged against any member of the
Commission, that member shall be disqualified from participating in
any Commission proceedings regarding the complaint against said member.
A replacement member shall be appointed by the remaining members to
serve on the Commission for the sole purpose of participating in proceedings
relating to the complaint. The appointment of a replacement member
shall not be effective until the appointment is approved by the Common
Council.
F.
The Commission may request that the Mayor and Common Council appoint
an individual not connected with the City investigate any complaint
lodged against a commission member.
A.
Participation restrictions.
(1)
Except as permitted by an opinion of the Commission, City elected officials, officials appointed to those City boards and Commissions identified in § 16-2 and employees of the City shall not:
(a)
Except in the exercise of an administrative or ministerial duty
that does not affect the disposition or decision of the matter, participate
in any matter in which, to the knowledge of the official or employee,
the official or employee, or a qualified relative of the official
or employee has an interest.
(b)
Except in the exercise of an administrative or ministerial duty
that does not affect the disposition or decision with respect to the
matter, participate in any matter in which any of the following is
a party:
[1]
A business entity in which the official or employee has a direct
financial interest of which the official or employee may reasonably
be expected to know;
[2]
A business entity for which the official, employee, or a qualified
relative of the official or employee is an officer, director, trustee,
partner, or employee;
[3]
A business entity with which the official or employee or, to
the knowledge of the official or employee, a qualified relative is
negotiating employment or has any arrangement concerning prospective
employment.
[4]
If the contract reasonably could be expected to result in a
conflict between the private interests of the official or employee
and the official duties of the official or employee, a business entity
that is a party to an existing contract with the official or employee,
or which, to the knowledge of the official or employee, is a party
to a contract with a qualified relative;
[5]
An entity doing business with the City in which a direct financial
interest is owned by another entity in which the official or employee
has a direct financial interest, if the official or employee may be
reasonably expected to know of both direct financial interests; or
[6]
A business entity that:
[a]
The official or employee knows is a creditor or obligee of the
official or employee or a qualified relative of the official or employee
with respect to a thing of economic value; and
[b]
As a creditor or obligee, is in a position to directly and substantially
affect the interest of the official or employee or a qualified relative
of the official or employee.
(2)
A former regulated lobbyist who is or becomes subject to regulation
under this chapter as a public official or employee may not participate
in a case, contract, or other specific matter in his or her capacity
as a public official or employee for one calendar year after the termination
of the registration of the former regulated lobbyist if the former
regulated lobbyist previously assisted or represented another party
for compensation in the matter.
[Added 12-14-2020 by Ord. No. 929[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection A(2) through (4) as Subsection A(3) through (5),
respectively.
(3)
A person who is disqualified from participating under Subsection A(1) of this section shall disclose the nature and circumstances of the conflict and may participate or act if:
(4)
The prohibitions of Subsection A(1) of this section do not apply if participation is allowed by opinion of the Commission.
[Amended 12-14-2020 by Ord. No. 929]
(5)
The prohibitions set forth in this subsection do not apply to:
(a)
Subject to other provisions of law, a member of a board or Commission
in regard to a financial interest or employment held at the time of
appointment, provided the financial interest or employment is publicly
disclosed to the appointing authority and the Commission;
(b)
An official or employee whose duties are ministerial, if the
private employment or financial interest does not create a conflict
of interest or the appearance of a conflict of interest, as permitted
by and in accordance with regulations adopted by the Commission; or
(c)
Employment or financial interests allowed by regulation of the
Commission if the employment does not create a conflict of interest
or the appearance of a conflict of interest or the financial interest
is disclosed.
B.
Employment and financial interest restrictions. Except as permitted
by regulation of the Commission when the interest is disclosed or
when the employment does not create a conflict of interest or appearance
of conflict, an official or employee may not:
[Amended 12-14-2020 by Ord. No. 929]
(1)
Be employed by or have a financial interest in any entity that is
doing business with the City; or
(2)
Perform compensated work for or provide compensated services to any
entity, or a parent, subsidiary or subcontractor of such entity, that
has a contract with the City with respect to that contract. This prohibition
also applies to a qualified relative of a covered official or employee.
(3)
Hold any other employment relationship that would impair the impartiality
or independence of judgment of the official or employee.
C.
Post-employment limitations and restrictions.
[Amended 12-14-2020 by Ord. No. 929]
(1)
A former official or employee may not assist or represent a party
other than the City for compensation in a case, contract, or other
specific matter involving the City if that matter is one in which
he or she significantly participated as an official or employee.
(2)
For a period of one calendar year after the date an elected official
leaves office, a former City elected official may not assist or represent
another party for compensation in a matter that is the subject of
legislative action.
D.
Contingent compensation. Except in a judicial or quasi-judicial proceeding,
an official or employee may not assist or represent a party for contingent
compensation in any matter before or involving the City.
E.
Use of prestige of office.
(1)
An official or employee may not intentionally use the prestige of
office or public position for the private gain of that official or
employee or the private gain of another.
(2)
An official or employee may not intentionally use the prestige of
office or public position to influence the award of a state or local
contract to a specific person.
[Added 12-14-2020 by Ord. No. 929[2]]
[2]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection E(2) as Subsection E(6).
(3)
An official or employee may not directly or indirectly initiate a
solicitation for a person to retain the compensated services of a
particular regulated lobbyist or lobbying firm.
[Added 12-14-2020 by Ord. No. 929]
(4)
An official, other than an elected official, or employee may not
use public resources or the title of the official or employee to solicit
a "contribution" as that term is defined in the Election Law Article
of the Maryland Annotated Code.
[Added 12-14-2020 by Ord. No. 929]
(5)
An elected official may not use public resources to solicit a "contribution"
as that term is defined in the Election Law Article of the Maryland
Annotated Code.
[Added 12-14-2020 by Ord. No. 929]
(6)
This subsection does not prohibit the performance of usual and customary constituent services by an elected official without additional compensation. For purposes of this subsection, the term "usual and customary constituent services" shall include but not be limited to boosting or other activities in support of a business entity that is located in or near the City or that contributes significantly to the economic well-being of the City, so long as neither the elected official, a qualified relative of the elected official, a business in which the elected official or a qualified relative of the official has an interest, nor a third party with any affiliation to the business entity that is the subject of the constituent services, receives any tangible or quantifiable personal gain or benefit from or in connection with the transaction, other than items that are permitted by Subsection F(5) of this section.
F.
Solicitation and acceptance of gifts.
(1)
An official or employee may not solicit any gift for himself or herself
or for another person.
(2)
An official or employee may not facilitate the solicitation of a
gift, on behalf of another person, from a lobbyist.
(3)
An official or employee may not knowingly accept a gift, directly
or indirectly, from a person that the official or employee knows or
has reason to know:
(a)
Is doing business with or seeking to do business with the City;
(b)
Has financial interests that may be substantially and materially
affected, in a manner distinguishable from the public generally, by
the performance or nonperformance of the official duties of the official
or employee;
(c)
Is engaged in an activity regulated or controlled by the City;
(d)
Is a lobbyist; or
(e)
Is
an association or any entity acting on behalf of an association that
is engaged only in representing counties or municipal corporations.
[Added 11-14-2022 by Ord. No. 945]
(4)
Subsection F(5) of this section does not apply to a gift:
(a)
That would tend to impair the impartiality and the independence
of judgment of the official or employee receiving the gift;
(b)
Of significant value that would give the appearance of impairing
the impartiality and independence of judgment of the official or employee;
or
(c)
Of significant value that the recipient official or employee
believes or has reason to believe is designed to impair the impartiality
and independence of judgment of the official or employee.
(5)
Notwithstanding Subsection F(3) of this section, an official or employee may accept the following:
(a)
Meals and beverages consumed in the presence of the donor or
sponsoring entity;
(b)
Ceremonial gifts or awards that have insignificant monetary
value;
(c)
Unsolicited gifts of nominal value or informational items;
(d)
Reasonable expenses for food, travel, lodging, and scheduled
entertainment of the official or the employee at a meeting that is
given in return for the participation of the official or employee
in a panel or speaking engagement at the meeting;
(e)
Gifts of tickets or free admission extended to an elected local
official to attend a charitable, cultural, or political event, if
the purpose of this gift or admission is a courtesy or ceremony extended
to the elected official's office;
(f)
A specific gift or class of gifts that the Commission exempts
from the operation of this subsection upon a finding, in writing,
that acceptance of the gift or class of gifts would not be detrimental
to the impartial conduct of the business of the City and that the
gift is purely personal and private in nature;
(g)
Gifts from a person related to the official or employee by blood
or marriage, or any other individual who is a member of the household
of the official or employee; or
(h)
Honoraria for speaking to or participating in a meeting, provided
that the offering of the honorarium is not related in any way to the
official's or employee's official position.
G.
Disclosure of confidential information. Other than in the discharge
of official duties, an official or employee or former official or
employee may not disclose or use confidential information that the
official or employee acquired by reason of the official's or employee's
public position or former public position and that is not available
to the public for the economic benefit of the official or employee
or that of another person.
[Amended 11-14-2022 by Ord. No. 945]
H.
Participation in procurement.
(1)
A person who assists the City in the drafting of specifications,
an invitation for bids, or a request for proposals for a procurement,
or a business entity or person that employs another person who does
so, may not submit a bid or proposal for that procurement or assist
or represent another person, directly or indirectly, who is submitting
a bid or proposal for the procurement.
(2)
The Commission may establish exemptions from the requirements of
this section for providing descriptive literature, sole source procurements,
and written comments solicited by the City.
I.
An official
or employee may not retaliate against an individual for reporting
or participating in an investigation of a potential violation of the
local ethics law or ordinance.
[Added 11-14-2022 by Ord. No. 945]
A.
Financial disclosure statement required.
(1)
Except as provided in Subsection B of this section, a City elected official or a candidate for City elective office shall file with the City Clerk a financial disclosure statement on a form provided by the Commission, under oath or affirmation. The City Clerk shall promptly transmit each statement to the Commission for review.
(2)
Deadlines for filing statements.
(a)
An incumbent City elected official shall file a financial disclosure
statement annually no later than the close of business on February
15 of each year for the preceding calendar year, except that if February
15 falls on a day on which City offices are closed, the statement
shall be filed by the close of business on the next regular business
day. To facilitate the filing of a statement required by this section,
the City Clerk shall, between January 1 and January 21, provide to
every filer a list of the entities that have done business with the
City during the preceding year.
[Amended 12-14-2020 by Ord. No. 929]
(b)
An individual who is appointed to fill a vacancy in a City elective
office and who has not already filed a financial disclosure statement
shall file a statement for the preceding calendar year within 30 days
after appointment.
(c)
An individual who leaves an office for which a statement is
required hereunder shall file a statement within 60 days after leaving
the office. The period covered by the statement shall include:
B.
Candidates to be local elected officials.
(1)
Except for an incumbent City elected official, a candidate for City
elective office shall file a financial disclosure statement each year
beginning with the year in which the declaration of candidacy is filed
and continuing through the year of the election.
[Amended 12-14-2020 by Ord. No. 929]
(2)
A candidate for City elective office shall file a statement required
under this section:
[Amended 12-14-2020 by Ord. No. 929]
(3)
Statement not filed by due date.
[Amended 12-14-2020 by Ord. No. 929]
(a)
If a candidate fails to file a statement required by Subsection B(2)(a) of this section on or before the due date set forth therein, the City Clerk shall refuse to accept the declaration.
(b)
If a candidate fails to file a statement required by Subsection B(2)(b) of this section or before the due date set forth therein, the City Clerk shall send a notice to the candidate advising the candidate that his or her candidacy will be deemed withdrawn if the required statement is not filed by the close of business on the fifth business day following the date of the notice.
(4)
The City Clerk may not accept any certificate of nomination unless
it is accompanied by a statement in proper form.
C.
Public record.
(1)
Following review of a financial disclosure statement by the Commission,
the City Clerk shall maintain all such statements.
(2)
Financial disclosure statements shall be made available in the office
of the City Clerk during normal office hours for examination and copying
by the public subject to reasonable fees and administrative procedures
established by the Commission.
(4)
Upon request by the official or employee whose financial disclosure
statement was examined or copied, the City Clerk shall provide the
official with a copy of the name and home address of the person who
reviewed the official's financial disclosure statement.
(5)
Before disclosing a statement filed under this section, for any statement
filed after January 1, 2019, the City Clerk shall redact any portion
of the statement that includes an address that the individual has
identified as his or her home address, including the address of a
vacation home owned in whole or in part by the filer at which the
filer or a member of the filer’s immediate family resides for
any part of the period covered by the disclosure statement.
[Added 12-14-2020 by Ord. No. 929]
(6)
The
City Clerk shall not provide public access to information related
to consideration received from:
[Added 11-14-2022 by Ord. No. 945]
D.
Retention requirements. The City Clerk shall retain financial disclosure
statements for four years from the date of receipt.
E.
Contents of statement.
[Amended 12-14-2020 by Ord. No. 929]
(1)
Interests in real property.
(a)
A statement filed under this section shall include a schedule
of all interests in real property wherever located.
(b)
For each interest in real property, the schedule shall include:
[1]
The nature of the property and the location by street address,
mailing address, or legal description of the property;
[2]
The nature and extent of the interest held, including any conditions
and encumbrances on the interest;
[3]
The date when, the manner in which, and the identity of the
person from whom the interest was acquired;
[4]
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;
[5]
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
[6]
The identity of any other person with an interest in the property.
(2)
Interests
in corporations and partnerships.
(a)
A
statement 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 City.
(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:
(c)
An individual may satisfy the requirement to report the amount of the interest held under Subsection E(2)(b)[2] of this section by reporting, instead of a dollar amount:
(d)
For
purposes of this section, “interest” does not include
a mutual fund or exchange-traded fund that is publicly traded on a
national scale unless the mutual fund or exchange-traded fund is composed
primarily of holdings of stocks and interests in a specific area that
is regulated by the City.
(3)
Interests in business entities doing business with City.
(a)
A statement filed under this section shall include a schedule of all interests in any business entity that does business with the City, other than interests reported under Subsection E(2). of this section.
(b)
For each interest reported under this subsection, the schedule
shall include:
[1]
The name and address of the principal office of the business
entity;
[2]
The nature and amount of the interest held, including any conditions
to and encumbrances on the interest;
[3]
If any interest was transferred, in whole or in part, at any
time during the reporting period, the nature of the interest transferred,
the identity of the person to whom the interest was transferred, and
if the transferee is a person or business entity that is regulated
by or is doing business with the City or has done business with the
City in the preceding five years, the amount of the consideration
received for the interest (including the value of any nonmonetary
consideration received); and
[4]
With respect to any interest acquired during the reporting period:
[a]
The date on which the interest was acquired and the identity
of the person or business entity 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 under Subsection E(2)(b)[2] of this section by reporting, instead of a dollar amount:
(d)
Interests in mutual funds may be excluded from the disclosure
of interests in business entities otherwise required by this subsection.
(4)
Gifts.
(a)
A statement filed 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 during the reporting period from or on behalf
of, directly or indirectly, any one person or entity who does business
with or is regulated by the City or from an association, or any entity
acting on behalf of an association, that is engaged only in representing
counties or municipal corporations.
[Amended 11-14-2022 by Ord. No. 945]
(5)
Employment with or interests in entities doing business with City.
(a)
A statement 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
City.
(6)
Indebtedness to entities doing business with or regulated by the
City.
(a)
A statement filed under this section shall include a schedule
of all liabilities, excluding retail credit accounts, to persons or
entities doing business with the City owed at any time during the
reporting period:
(b)
For each liability reported under this subsection, the schedule
shall include:
[1]
The identity of the person or business entity to whom the liability
was owed and the date the liability was incurred;
[2]
The amount of the liability owed as of the end of the reporting
period;
[3]
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
[4]
The security given, if any, for the liability.
(7)
Employment with the City.
(8)
Sources of earned income.
(a)
A statement filed under this section shall include a schedule
of the name and address of each place of employment and each business
entity of which the individual or a member of the individual's family
was a 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 City does not regulate, license, or contract with
the place of employment or business entity of the minor child.
(c)
For a statement filed on or after January 1, 2019, if the individual’s
spouse is a lobbyist regulated by the City, the individual shall disclose
the identity of any entity that has engaged the spouse for lobbying
purposes.
(9)
A statement
filed under this section shall include a disclosure as to whether
the individual knows of any clients or customers of his or her employer
that have done business with the City during the reporting period,
if any matter involving the client or customer has come before the
Common Council during the reporting period or is reasonably expected
in the foreseeable future to come before the Common Council. The name
of the client or customer need not be included on the statement if
the filer is subject to ethical or professional rules applying to
his or her profession or other law, rule, regulation or contractual
obligation that prevents such disclosure.
(10)
Relationship
with University of Maryland medical system, state or local government,
or quasi-governmental entity.
[Added 11-14-2022 by Ord. No. 945[1]]
(a)
An individual shall disclose the information specified in Commercial
Law Article of the Annotated Code of Maryland, § 5-607(j)(1),
for any financial or contractual relationship with:
[1]
Editor's Note: This ordinance also renumbered former Subsection
E(10) as Subsection E(11).
(11)
A statement filed under this section may also include a schedule
of additional interests or information that the individual making
the statement wishes to disclose.
F.
Imputed interests. For the purposes of Subsection E(1) and E(2) of this section, the following interests are considered to be the interests of the individual making the statement:
(1)
An interest held by a member of the individual's immediate family,
if the interest was, at any time during the reporting period, directly
or indirectly controlled by the individual.
(2)
An interest held, at any time during the reporting period, by:
[Amended 11-14-2022 by Ord. No. 945]
(a)
A
business entity in which the individual held a 10% or greater interest;
(b)
A business entity described in Subsection F(2)(a), in which the business entity held a 25% or greater interest;
(c)
A business entity described in Subsection F(2)(b), 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)
If the reporting individual exercised or may exercise, directly or
indirectly, any control over the holdings or investments of the trust
or estate, an interest held by a trust or an estate in which, at any
time during the reporting period:
G.
Required
information regarding an identified business. An individual who is
required to disclose the name of a business under this section shall
disclose any other names that the business is trading as or doing
business as.
[Added 11-14-2022 by Ord. No. 945[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection
G as Subsection H.
H.
Review and enforcement.
(1)
The Commission shall review the financial disclosure statements submitted
under this section for compliance with the provisions of this section
and shall notify an individual submitting the statement of any omissions
or deficiencies.
(2)
The Commission may recommend to the Mayor and Common Council that
the City take appropriate enforcement action to ensure compliance
with this section.
[Amended 12-14-2020 by Ord. No. 929]
A.
This section only applies to the City Administrator, the City Clerk,
the City Attorney, all City department directors, and all deputy or
assistant department directors must file a statement under this section.
B.
A statement filed under this section shall be filed with the City
Clerk under oath or affirmation on forms provided by the Commission.
The City Clerk shall promptly transmit statements filed under this
section to the Commission, which shall review such statements for
compliance with this chapter. Following the Commission's review and
approval, the City Clerk shall maintain all such forms.
C.
On or before the close of business on February 15 of each year during
which an official or employee holds office, an official or employee
shall file a statement disclosing:
(1)
Gifts received during the preceding calendar year from any person
that contracts with or is regulated by the City, including the name
of the donor of the gift and the approximate retail value at the time
or receipt; and
(2)
Employment and interests that raise conflicts of interest or potential
conflicts of interest in connection with a specific proposed action
by the employee or official sufficiently in advance of the action
to provide adequate disclosure to the public.
(3)
The identity of any entity doing business with the City with which
the official or employee has done business or from which he or she
has received any thing of value in the preceding five years.
(4)
The identity of any person doing business with the City, or who is
employed by such an entity, who is a relative of the official or employee
or with whom the official or employee has a close personal friendship.
(5)
The identity of any business entity located in the City from which
the official or employee receives or has received earned income.
(6)
The identity of any person or business entity for whom the filer
has performed services during the reporting period that are substantially
similar to the services that the filer performs for the City for compensation.
E.
To facilitate the filing of a statement required by this section,
the City Clerk shall, between January 1 and January 21, provide to
every filer a list of the entities that have done business with the
City during the preceding year.
F.
Before disclosing a statement filed under this section, for any statement
filed after January 1, 2019, the City Clerk shall redact any portion
of the statement that includes an address that the individual has
identified as his or her home address, including the address of a
vacation home owned in whole or in part by the filer at which the
filer or a member of the filer’s immediate family resides for
any part of the period covered by the disclosure statement.
[Added 12-14-2020 by Ord. No. 929]
A.
This section
only applies to members of the Planning and Zoning Commission, members
of the Board of Zoning Appeals, and members of the City Ethics Commission.
B.
A statement
filed under this section shall be filed with the City Clerk under
oath or affirmation on forms provided by the Commission. The City
Clerk shall promptly transmit statements filed under this section
to the Commission, which shall review such statements for compliance
with this chapter. Following the Commission's review and approval,
the City Clerk shall maintain all such forms.
C.
On or
before the close of business on February 15 following each year during
which a person covered by this section holds office, the individual
shall file a statement disclosing:
(1)
Gifts
received during the preceding calendar year from any person that contracts
with or is regulated by the City, including the name of the donor
of the gift and the approximate retail value at the time or receipt;
and
(2)
Employment
and interests that raise conflicts of interest or potential conflicts
of interest in connection with a specific proposed action by the employee
or official sufficiently in advance of the action to provide adequate
disclosure to the public.
E.
To facilitate
the filing of a statement required by this section, the City Clerk
shall, between January 1 and January 21, provide to every filer a
list of the entities that have done business with the City during
the preceding year.
F.
Before
disclosing a statement filed under this section, for any statement
filed after January 1, 2019, the City Clerk shall redact any portion
of the statement that includes an address that the individual has
identified as his or her home address, including the address of a
vacation home owned in whole or in part by the filer at which the
filer or a member of the filer’s immediate family resides for
any part of the period covered by the disclosure statement.
A.
A person shall file a lobbying registration statement with the Commission
if the person:
(1)
Personally appears before a City official or employee with the intent
to influence that person in the performance of the official duties
of the official or employee; and
(2)
In connection with the intent to influence, expends or reasonably
expects to expend in a given calendar year in excess of $150 on food,
entertainment, or other gifts for officials or employees of the City.
B.
A person shall file a registration statement required under this
section on or before the earlier of January 15 of the calendar year
and the date that is five days after the person first performs an
act that requires registration in the calendar year.
C.
The registration statement referred to in Subsection A 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. The registration statement shall cover a defined registration period not to exceed one calendar year.
D.
In addition to the registration statement set forth above, all lobbyists
shall file an annual 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
City official(s) or employee. Where a gift or series of gifts to a
single official exceeds $50 in value, the official(s) shall also be
identified.
E.
All registration statements and annual reports filed under this section
shall be retained by the City Clerk for a period of at least four
years and shall be open for inspection and copying at the City offices
during regular business hours.
The Commission may grant exemptions and modifications to the provisions of §§ 16-4, 16-5, and 16-6 of this chapter when the Commission finds that an exemption or modification would not be contrary to the intent of this chapter to prevent conflicts of interest and self-dealing and to preserve the integrity of City government and that the application of this chapter would:
A.
Enforcement action by the City. The City may, upon the recommendation
of the Commission:
B.
Enforcement action by the Commission.
(1)
Upon a finding of a violation of any provision of this chapter, the
Commission may:
(2)
If the Commission finds that a respondent has violated § 16-7 of this chapter, the Commission may:
C.
Judicial enforcement.
(1)
At the direction of the Mayor and Common Council upon the recommendation
of the Commission, the City Attorney or another attorney appointed
by the Mayor and Common Council may file a petition for injunctive
or other relief in a court of appropriate jurisdiction and venue for
the purpose of requiring compliance with the provisions of this chapter.
(2)
The court may:
(a)
Issue an order to cease and desist from the violation;
(b)
Except as provided in Subsection B of this section, void an official action taken by an official or employee with a conflict of interest prohibited by this chapter when the action arises from or concerns the subject matter of the conflict and if the legal action is brought within 90 days of the occurrence of the official action, if the court deems voiding the action to be in the best interest of the public; or
(c)
Impose a fine of up to $5,000 for any violation of the provisions
of this chapter, with each day upon which the violation occurs constituting
a separate offense.
(3)
A court may not void any official action appropriating public funds,
levying taxes, or providing for the issuance of bonds, notes, or other
evidences of public obligations.
D.
Other disciplinary action, fines and consequences. In addition to
any other enforcement provisions in this chapter:
(1)
A City official or employee found to have violated this chapter is
subject to disciplinary or other appropriate personnel action, including
removal from office, disciplinary action, suspension of salary when
authorized by law, or other sanction.
(2)
A violation of § 16-7 of this chapter shall be a misdemeanor subject to a fine of up to $1,000 or imprisonment of up to one year.
(3)
A finding of a violation of this chapter by the Commission is public
information.
