[HISTORY: Adopted by the Mayor and Council
of the City of Taneytown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-11-2016 by Ord. No. 20-2016]
Every candidate for election to any elective office provided
for in the City Charter shall file with the City Ethics Commission
written reports in accordance with this article of all cash and in-kind
contributions received, or by any other person acting on the candidate's
behalf and known to the candidate, for use in connection with the
candidate's campaign for election, and any expenditures made,
or known to have been made by any person other than the candidate
on the candidate's behalf, in connection with such election.
If actual costs for an expenditure are not available when a report
is due, this must be documented on the report and an estimate must
be provided. An in-kind contribution shall be considered anything
of value, other than a gift of money, donated to any candidate or
representative, or a representative of any political committee, to
promote or assist any candidate or political committee.
A.
The first report of a candidate in an election shall be filed with
the City Ethics Commission on or before the last day to file for elected
office.
B.
The second report of such a candidate shall be filed with the City
Ethics Commission 15 days before the election.
C.
The third report of such a candidate shall be filed with the City
Ethics Commission seven days before the election.
D.
The next report of every candidate, whether elected or not, shall
be filed on the last day of the month in which the election was conducted.
[Amended 1-14-2019 by Ord. No. 08-2018]
E.
Thereafter, every candidate shall annually file by December 31 a
report of any contributions received or expenditures made by the candidate
or any other person on the candidate's behalf from the day of
filing of the last prior report and any balance remaining in the account.
No report shall be required after all receipts and disbursements have
been entirely accounted for and no balance shall remain in the account.
F.
The first report filed by any candidate shall include any balance
remaining at the expiration of the last reporting period from any
prior election and any contributions received and any expenditures
made since the date of his last prior report through the day immediately
preceding the date of the filing of such first report. Each subsequent
report by any candidate shall include all contributions received and
expenditures made from the day of the filing of the last prior report
through the day preceding the filing of the subsequent report.
G.
The City Ethics Commission may extend the filing deadline of any
report required by this section due to exigent circumstances.
H.
Every such report shall be available for inspection by any person
at the City offices during regular business hours.
I.
If the last day of the month on which any report is due shall fall
on a Saturday, Sunday or a legal holiday, then such report shall be
required to be filed on the next following day when City offices are
open for regular business.
J.
Any candidate who shall fail to timely file a report required by
this section shall be subject to a fine of $100.
Any political committee making independent expenditures in excess
of $250 in cash or in-kind contributions to assist in the promotion
of the success or defeat of any candidate or slate of candidates for
City elective office shall file with the City Ethics Commission reports
in accordance with this article of all monetary and in-kind contributions
received and expenditures made. If actual costs for an expenditure
are not available when a report is due, this must be documented on
the report and an estimate must be provided. An in-kind contribution
shall be considered anything of value, other than a gift of money,
donated to any candidate or representative, or a representative of
any political committee, to promote or assist any candidate or political
committee. Expenditures by a political committee may not be coordinated
with any candidate or group of candidates.
A.
The first report of a political committee shall be due within three
days of collecting or expending the first $250 or more to assist in
the promotion of the success or defeat of any candidate or slate of
candidates for City elective office.
B.
The second report of such political committee shall be filed with
the City Ethics Commission 29 days before the election.
C.
The third report of such political committee shall be filed with
the City Ethics Commission 15 days before the election.
D.
The fourth report of such political committee shall be filed with
the City Ethics Commission seven days before the election.
E.
The next report of such political committee shall be filed on the
last day of the month in which the election was conducted.
[Amended 1-14-2019 by Ord. No. 08-2018]
F.
Thereafter, every such political committee shall annually file by
December 31 a report of any contributions received or expenditures
made to assist in the promotion of the success or defeat of any candidate
or slate of candidates for City elective office. No report shall be
required after all receipts and disbursements have been entirely accounted
for and no balance shall remain in the account.
G.
The first report filed by any such political committee shall include
any balance remaining at the expiration of the last reporting period
from any prior election and any contributions received and any expenditures
made to assist in the promotion of the success or defeat of any candidate
or slate of candidates for City elective office since the date of
this last prior report through the day immediately preceding the date
of the filing of such first report. Each subsequent report by any
political committee shall include all contributions received and expenditures
made from the day of the filing of the last prior report through the
day preceding the filing of the subsequent report.
H.
Every such report shall be available for inspection by any person
at the City offices during regular business hours.
I.
If the last day of the month on which any report is due shall fall
on a Saturday, Sunday or a legal holiday, then such report shall be
required to be filed on the next following day when City offices are
open for regular business.
Any individual that expends a cumulative total of $250 or more
in cash or in-kind contributions to assist in the promotion of the
success or defeat for any candidate or slate of candidates for City
office shall file reports of such expenditures with the City Ethics
Commission in accordance with this article. If actual costs for an
expenditure are not available when a report is due, this must be documented
on the report and an estimate must be provided.
A.
The first report of an individual shall be due within three days
of collecting or expending the first $250 or more to assist in the
promotion of the success or defeat of any candidate or slate of candidates
for City elective office.
B.
The second report of such individual shall be filed with the City
Ethics Commission 29 days before the election.
C.
The third report of such individual shall be filed with the City
Ethics Commission 15 days before the election.
D.
The fourth report of such individual shall be filed with the City
Ethics Commission seven days before the election.
E.
The final report of such an individual shall be filed on the last
day of the month in which the election was conducted.
[Amended 1-14-2019 by Ord. No. 08-2018]
F.
Each report shall include each expenditure made since filing the
previous report through the day immediately preceding the date of
the report.
G.
Every such report shall be available for inspection by any person
at the City offices during regular business hours.
H.
If the last day of the month on which any report is due shall fall
on a Saturday, Sunday or a legal holiday, then such report shall be
required to be filed on the next following day when City offices are
open for regular business.
A.
Any candidate who shall fail to file the first report required by
this article on or before the last day to file for elected office
or who shall fail to file any report required by this article within
two business days of its due date shall not be eligible for election,
and his or her name shall not appear on the ballot for such election.
B.
Any candidate elected to the office to which he or she seeks, who
shall fail to file any report required by this article to be filed
before an election or fails to pay any fine imposed under this article,
shall not be administered the oath of office and permitted to serve
until such report has been filed and the fine has been satisfied.
C.
For the
purposes of this article, a candidate, political committee or individual
must not only file a timely required report, but said report must
be complete and materially correct. All reports shall be reviewed
and approved by the Ethics Commission. The Ethics Commission may impose
fines and penalties for incomplete and incorrect reports which are
filed.
[Added 1-14-2019 by Ord.
No. 8-2018]
All reports required by this article shall be retained by the
City and maintained by the City Ethics Commission in a separate filing
system as provided by the City for not less than seven years after
the election to which they pertain. The Taneytown Ethics Commission
shall make all forms filed available for public inspection and create
summaries thereof for publication by the City.
A.
No candidate may accept, in connection with any election, a contribution
in cash in excess of $500 or an in-kind contribution, or combination
thereof, the value of which is in excess of $500 from any one person.
No person may contribute or promise to contribute, in the aggregate,
more than $500 in cash, or in-kind contributions valued at more than
$500, to any one candidate in connection with any one election. No
person may contribute or promise to contribute, in the aggregate,
more than $500 in cash, or in-kind contributions, or combination thereof,
valued at more than $500 per candidate, to any one political committee.
No person may contribute more than a total of $1,500 in connection
with any one election. No candidate shall accept any contribution
in excess of $25 in cash unless it be by check, money order or other
written or electronic instruments. No candidate or political committee
shall accept any anonymous contributions. Any anonymous contribution
received by a candidate or a political committee shall be promptly
paid over to the City to be used for any lawful purpose.
B.
The contributions of a candidate to the candidate's own campaign
are not subject to the limitations of this section, however said monetary
contributions must pass through a campaign account unless such self-funded
contributions do not exceed $500, no other contributions are received
by said candidate, and the candidate has elected to be self-funded
and signed the necessary affidavit as provided by this article. Said
contributions shall be reported as required in other provisions of
this article.
[Amended 1-14-2019 by Ord. No. 8-2018]
C.
Any campaign contributions received by a candidate or political committee
must be deposited in a separate account with a financial institution.
Said accounts must be checking accounts. Campaign contributions must
not be commingled with any other funds.
[Amended 1-14-2019 by Ord. No. 8-2018]
D.
No campaign contributions shall be received within seven days of
the election.
E.
The limits on contributions contained in this article are based on
a calendar year.
A.
A loan to a candidate is considered a contribution in the amount
of the outstanding principal balance of the loan unless:
B.
A loan by a candidate or the candidate's spouse to a candidate is exempt from the requirements of Subsection A of this section.
C.
The total amount of all loans to a candidate for one election cycle
shall not exceed $10,000.
[Amended 1-14-2019 by Ord. No. 08-2018]
A.
No candidate
or political committee may pay a fine issued for violations of this
article with campaign contributions.
B.
No campaign
expenditure shall be made in cash. All expenditures shall be made
by check from the campaign account, except as otherwise provided by
this article in provisions relating to candidates who have filed a
self-funding affidavit.
[Added 1-14-2019 by Ord.
No. 8-2018]
For the purposes of this article, a run-off election, if required,
shall not be deemed as an election separate and apart from the general
election which it follows.
Campaign material includes, but is not limited to, signs, buttons,
letters, tickets, solicitations, sample ballots, mailings, radio and
television advertisements, websites, electronic media advertisement,
social networking sites, bumper stickers, handouts and paraphernalia.
Each item of campaign material must include an authority line, set
apart from the other printing or content of the campaign material.
The authority line must state the name and address (unless the address
is on file with the Ethics Commission) of the person who is responsible
for the production and distribution of the campaign material.
No person other than a candidate, treasurer or other agent of
such candidate, or political committee, shall make an expenditure
to aid or promote the success or defeat of a candidate. No person
may avoid the limitations on permitted campaign contributions by making
an expenditure to aid or promote the success or defeat of a candidate.
However, any individual may pay for the cost of publishing his or
her own personal views as to a candidate. A person shall be identified
if campaign materials are prepared or authorized by a candidate, treasurer
of the candidate, political committee or done in coordination with
a candidate, a candidate's treasurer or political committee.
Any corporation, business, other legal entity or a natural person
shall have the right to make any contribution to or expenditure on
behalf of a candidate, and any candidate may accept a contribution
from the above-named sources in accordance with the provisions of
the City Code.
After an election, a candidate or political committee may retain
surplus funds, or surplus funds may be disposed of as follows:
A.
Returned, pro rata, to the contributors by the treasurer; or
B.
Paid to a charitable organization registered pursuant to Article
41, § 103B, of the Annotated Code of Maryland, as amended,
or to a charitable organization exempt from such registration pursuant
to Article 41, § 103, of the Annotated Code of Maryland,
as amended;[1] or
[1]
Editor's Note: See now Title 6 of the Business Regulation
Article of the Annotated Code of Maryland.
C.
Paid to a local board of education or to a recognized nonprofit organization
providing services or funds for the benefit of pupils or teachers;
or
D.
Paid to any public or private institution of higher education in
the state for scholarship or loan purposes.
[Amended 1-14-2019 by Ord. No. 08-2018]
A.
The Taneytown
Ethics Commission shall be responsible for promulgating the forms
necessary to carry out the intent of this article. A form shall be
provided for candidates that solely self-fund their campaign and expend
less than $500, which shall contain an affidavit to such information
and will be filed with the first report required under this article.
Upon making this election, the candidate is prohibited from expending
more than $500 and accepting campaign contributions for the remainder
of the election cycle. These candidates shall be required to file
an expenditure report at the times required by this article.
B.
Further,
the Ethics Commission shall be empowered to request and receive any
and all documentation from those regulated under this article, to
support, substantiate, or investigate matters related to the purposes
of this article.
[Amended 1-14-2019 by Ord. No. 08-2018]
A.
To enforce
compliance with the provisions of this article, the Ethics Commission
may impose fines up to $500 for each violation to the provisions of
this article.
B.
Any person
who willfully violates the provisions of this article shall be guilty
of a misdemeanor. Any officer or employee of the City government who
is convicted of a misdemeanor under the provisions of this article
shall immediately, upon a guilty finding, cease to hold such office
or employment.
C.
In addition
thereto, the City may institute injunctive, mandamus or any other
appropriate action or proceedings at law or equity for enforcement
of this article or to correct violations of this article, and any
court of competent jurisdiction shall have the right to issue a restraining
order, temporary or permanent injunctions or mandamus or other appropriate
form of remedy or relief.
