[Amended 9-22-2015 by Ord. No. 15-O-11]
The provisions of this chapter apply to the elected officials,
Town appointed officials and employees of University Park.
For the purpose of this chapter, the following words have the
meanings indicated:
Includes any corporation, partnership, sole proprietor (including
private consultant), joint venture, unincorporated association or
firm, institution, trust, foundation or other organization whether
or not operated for profit, or other business entity regardless of
form.
Having or negotiating a contract with the Town that involves
the commitment, either in a single or combination of transactions,
of $500 or more of Town controlled funds; or
Being regulated by or under the authority of the Town; or
Being a lobbyist as defined by the definition of "lobbyist"
in this section or as registered with the Town Clerk as provided in
§ 12-107A of this chapter.
Ownership of any interest as the result of which the owner has
received, within the past three years, or is presently receiving,
or in the future is entitled to receive, more than $1,000 per year;
or
Ownership, or the ownership of securities of any kind representing
or convertible into ownership, of more than 3% of a business entity
by a Town official or employee, or the spouse of an official or employee.
The transfer of anything of economic value regardless of
the form without adequate and lawful consideration. "Gift" does not
include a political campaign contribution regulated under the Elections
Article, Annotated Code of Maryland, or any other provision of state
or local law regulating the conduct of elections or the receipt of
political campaign contributions.
Spouse and dependent children.
A legal or equitable economic interest, whether or not subject
to an encumbrance or a condition, that is owned or held, in whole
or in part, jointly or severally, directly or indirectly.
For purposes of § 12-105 of this chapter, "interest"
includes any interest held at any time during the reporting period.
"Interest" does not include:
An interest held in the capacity of a personal agent, custodian,
fiduciary, or personal representative, 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 under which an insurer promises to pay a fixed amount of
money either in a lump sum or periodically for life or a specified
period;
A common trust fund or a trust which forms part of a pension
or profit sharing plan which has more than 25 participants and which
has been determined by the internal revenue service to be a qualified
trust under the Internal Revenue Code; or
A college savings plan under the Internal Revenue Code.
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
sector or area that is regulated by the Town.
[Added 9-22-2015 by Ord.
No. 15-O-11; amended 5-7-2018 by Ord. No. 18-O-04]
Any person, who personally appears before a Town official
or employee with the intent to influence that person in performance
of the official duties of the official or employee and who for that
purpose either reasonably expects to incur expenses of $100 or more
or receives $500 or more as compensation for such activity or any
person who reasonably expects to expend within any calendar year a
cumulative total of $100 or more on one or more officials of the Town
for meals, beverages, special events or gifts in connection with or
with the purpose of influencing such officials in the performance
of the Town's business or the enactment of legislation.
An elected official, an employee of the Town, or a person
appointed to or employed by the Town or any Town agency, board, Commission,
or similar entity:
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 12-5-2022 by Ord. No. 22-O-09]
There shall be a University Park Ethics Commission, which shall
be composed of three members appointed by the Mayor with the advice
and consent of the Common Council. Each member so appointed will serve
a term of two years, except that one of the three members first appointed
to the Commission shall serve a term of three years. Members of the
Ethics Commission may continue to serve in the position after the
expiration of the term until they are removed or a successor is appointed
and qualifies. No Commission member shall be removed except for good
cause. If a Commission member is unwilling or unable to complete his/her
term, or has been removed, then the Mayor shall appoint another individual,
with the advice and consent of the Common Council, to serve the remainder
of the term. The Commission shall be advised by the Town Attorney
and shall have the following responsibilities:
A.
To devise, receive and maintain all forms generated by this chapter.
B.
To provide advisory opinions to persons subject to the chapter as
to the applicability of the provisions of this chapter to them which
shall be retained in the records of the Town.
C.
To process and make determinations as to complaints filed by any
person alleging violations of this chapter.
D.
To conduct a public information program regarding the purposes and
application of this chapter.
E.
To provide to the Town a copy of all records produced by the Commission,
said records to be maintained in the Town office.
F.
The Commission shall certify to the State Ethics Commission on or
before October 1 of each year that the Town is in compliance with
the requirements of State Government Article, Title 15, Subtitle 8,
Annotated Code of Maryland for elected local officials.
G.
The Commission shall determine if changes to this chapter are required
to be in compliance with the requirements of State Government Article,
Title 15, Subtitle 8, Annotated Code of Maryland, and shall forward
any recommended changes and amendments to the Town Council for enactment.
H.
The Commission may adopt other policies and procedures to assist
in the implementation of the Commission's programs established in
this chapter.
A.
In this section, "qualified relative" means a spouse, parent, child,
domestic partner or sibling.
B.
All Town elected officials, Town appointed officials and employees
are subject to this section.
[Amended 9-22-2015 by Ord. No. 15-O-11]
C.
Participation prohibitions. Except as permitted by Commission regulation
or opinion, an official or employee may not participate in:
(1)
Except in the exercise of an administrative or ministerial duty
that does not affect the disposition or decision of the matter, 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.
(2)
Except in the exercise of an administrative or ministerial duty
that does not affect the disposition or decision with respect to the
matter, any matter, in which any of the following is a party:
(a)
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;
(b)
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;
(c)
A business entity with which the official or employee or, to
the knowledge of the official or employee, a qualified relative is
negotiating or has any arrangement concerning prospective employment.
(d)
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;
(e)
An entity, doing business with the Town, 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
(f)
A business entity that:
[1]
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
[2]
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.
D.
Employment and financial interest restrictions.
(1)
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:
(2)
This prohibition does not apply to:
(a)
An official or employee who is appointed to a regulatory or
licensing authority pursuant to a statutory requirement that persons
subject to the jurisdiction of the authority be represented in appointments
to the authority;
(b)
Subject to other provisions of law, an appointed official 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;
[Amended 9-22-2015 by Ord. No. 15-O-11]
(c)
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
and in accordance with regulations adopted by the Commission;
(d)
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;
(e)
Decisions relating to the property tax rate, general Town fees
or service charges or a comprehensive zoning ordinance or similar
matter are not considered to have direct financial impact to the extent
that a Council member would be affected in common with the general
public; or
(f)
Participation by Council members in council action relating
to, and voting on, the annual budget in its entirety. When one or
more items in the annual budget would have a direct financial impact,
as distinguished from the public generally, on a Council member, his
or her employer, family member or any business entity in which he/she
or she has an interest, the Council member must first file with the
ethics Commission a sworn statement that describes the conflict. Council
members may not propose, seek to remove, or participate in the council's
discussion of any budget item that creates such a conflict.
E.
Post-employment limitations and restrictions.
(1)
A former official or employee may not assist or represent any
party other than the Town for compensation in a case, contract, or
other specific matter involving the Town if that matter is one in
which the former official or employee significantly participated as
an official or employee.
(2)
A former Mayor or former member of the Town Council may not
assist or represent another party for compensation in a matter that
is the subject of legislative action for one calendar year after the
Mayor or Council member leaves office.
[Amended 5-7-2018 by Ord.
No. 18-O-04]
F.
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 Town.
G.
Use of prestige of office.
[Amended 5-7-2018 by Ord.
No. 18-O-04]
(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, or to influence, except
as part of the official duties of the official or employee or as a
usual and customary constituent service without additional compensation,
the award of a contract to a specific person.
(2)
This subsection does not prohibit the performance of usual and
customary constituent services by a local elected official without
additional compensation.
(3)
An official may not directly or indirectly initiate a solicitation
for a person to retain the compensated services of a particular regulated
lobbyist or lobbying firm.
H.
Solicitation and acceptance of gifts.
(1)
An official or employee may not solicit any gift.
(2)
An official or employee may not directly or indirectly solicit
or facilitate the solicitation of a gift, on behalf of another person,
from an individual regulated 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 the reason to know:
(a)
Is doing business with or seeking to do business with the Town
office, agency or appointed body with which the official or employee
is affiliated;
[Amended 9-22-2015 by Ord. No. 15-O-11]
(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 official's
or employee's governmental unit; or
(d)
Is a lobbyist with respect to matters within the jurisdiction
of the official or employee.
(e)
Is an association, or any entity acting on behalf of an association,
that is engaged only in representing counties or municipal corporations.
[Added 12-5-2022 by Ord. No. 22-O-09]
(4)
Subsection H(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 H(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 that do not exceed $20 in
cost or trivial items of informational value;
(d)
Reasonable expenses for food, travel, lodging, and scheduled
entertainment of the official or the employee at a meeting which 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 events, 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 Town 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;
(h)
Honoraria for speaking to or participating in a meeting, provided
that the offering of the honorarium is in not related in any way to
the official's or employee's official position; or
I.
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 12-5-2022 by Ord. No. 22-O-09]
J.
Participation in procurement.
(1)
An individual, or a person that employs an individual, who assists
the Town in the drafting of specifications, an invitation for bids,
or a request for proposals for a procurement, 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 Town.
K.
An official or employee may not retaliate against an individual for
reporting or participating in an investigation of a potential violation
of the Town Public Ethics Law.
[Added 12-5-2022 by Ord. No. 22-O-09]
[Amended 9-22-2015 by Ord. No. 15-O-11]
A.
This section applies to all Town elected officials and candidates
to be Town elected officials.
C.
(1)
A Town elected official or a candidate to be a Town elected
official shall file the financial disclosure statement required under
this section:
(2)
Deadlines for filing statements.
(a)
An incumbent Town elected official shall file a financial disclosure
statement annually no later than April 30 of each year for the preceding
calendar year.
(b)
An individual who is appointed to fill a vacancy in an office
for which a financial disclosure statement is required and who has
not already filed a financial disclosure statement for the reporting
period shall file a statement for the preceding calendar year and
the portion of the current calendar year to date of filing prior to
appointment.
(c)
[1]
An individual who, other than by reasons of death,
leaves an office for which a statement is required shall file a statement
within 60 days after leaving the office.
(d)
An elected official shall file a statement of actual or potential
conflict of interest disclosing employment and interests that raise
conflicts of interest or potential conflicts of interest in a timely
manner.
D.
Candidates to be Town elected officials.
(1)
A candidate to be an elected Town official shall file a financial
disclosure statement each year beginning with the year in which the
petition of candidacy is filed through the year of the election.
(2)
A candidate to be an elected official shall file a statement
required under this section:
(a)
In the year the petition of candidacy is filed, the financial
disclosure statement shall be filed with the Town Clerk no later than
the filing of the petition of candidacy. The Town Clerk shall forward
the statement to the Supervisors of Elections and to the Ethics Commission.
The reporting period shall be the calendar year immediately preceding
the year in which the petition of candidacy is filed, and the portion
of the current calendar year to the date the petition is filed;
(b)
In the year of the election, if other than the year in which
the petition of candidacy is filed, on or before the date by which
the petition of candidacy must be filed; and
(c)
In all other years for which a statement is required, on or
before April 30.
(3)
A candidate to be an elected Town official:
(a)
Shall file the statement required under § 12-105D(2)(a)
of this chapter with the Supervisors of Elections at the time of filing
of the petition of candidacy and with the Commission prior to or at
the time of filing the petition of candidacy; and
(b)
Shall file the statements required under § 12-105D(2)(b)
and (c) with the Commission.
(4)
If a candidate fails to file a statement required by this section
within five calendar days after written notice is provided by the
Supervisors of Elections, the candidate is deemed to have withdrawn
the candidacy.
(5)
The Supervisors of Elections may not accept any petition of
candidacy unless it is accompanied by the candidate's financial disclosure
statement that includes all required identifying and contact information,
is signed under oath, and includes answers to every mandatory question.
(6)
Upon receipt of a statement required under this section, the
Town Clerk shall forward the statement to the Commission or the office
designated by the Commission and shall do so no later than the close
of business on the day of the deadline for filing the petition of
candidacy.
E.
Public record.
(1)
The Commission or office designated by the Commission shall
maintain all financial disclosure statements filed under this section.
(2)
Financial disclosure statements shall be made available during
normal office hours for examination and copying by the public subject
to reasonable fees and administrative procedures established by the
Commission.
(3)
If an individual examines or copies a financial disclosure statement,
the Commission or the office designated by the Commission shall record:
(4)
Upon request by the official, candidate or employee whose financial
disclosure statement was examined or copied, the Commission or the
office designated by the Commission 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)
For statements filed after January 1, 2019, the Commission or
the office designated by the Commission may not provide public access
to an individual's home address that the individual has designated
as the individual's home address.
[Added 5-7-2018 by Ord.
No. 18-O-04]
(6)
The Commission or office designated by the Commission shall not provide
public access to information related to consideration received from:
[Added 12-5-2022 by Ord. No. 22-O-09]
F.
Retention requirements. The Commission or the office designated by
the Commission shall retain financial disclosure statements as required
by the Town's records retention and disposal schedule and at a minimum
for four years from the date of receipt.
G.
Contents of statement.
(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 Town.
(b)
For each interest reported under this paragraph, 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:
[5]
An individual may satisfy the requirement to report
the amount of the interest held under Subsection F(2) of this section
by reporting, instead of a dollar amount:
(3)
Interests in business entities doing business with the Town.
(a)
A statement 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) of this
section.
(b)
For each interest reported under this paragraph, 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 in 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 in exchange 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:
(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 who does business with
or is regulated by the Town or from an association, or any entity
acting on behalf of an association that is engaged only in representing
counties or municipal corporations.
[Amended 12-5-2022 by Ord. No. 22-O-09]
(5)
Employment with or interests in entities doing business with
the Town.
(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
Town.
(b)
For each position reported under this paragraph, the schedule
shall include:
(6)
Indebtedness to entities doing business with the Town.
(a)
A statement 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)
For each liability reported under this paragraph, the schedule
shall include:
[1]
The identity of the person 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)
A statement 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.
(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 of each business
entity of which the individual or a member of the individual's immediate
family was a sole or partial owner and from which the individual or
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 agency that employs the individual does not regulate,
exercise authority over, or contract with the place of employment
or business entity of the minor child.
(9)
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.
(10)
Relationship with University of Maryland Medical System, state
or local government, or quasi-governmental entity.
[Added 12-5-2022 by Ord. No. 22-O-09]
(a)
An individual shall disclose the information specified in § 5-607(j)(1)
of the General Provisions Article of the Annotated Code of Maryland
for any financial or contractual relationship with:
H.
For the purposes of § 12-105G(1), (2) and (3) of this chapter,
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 applicable period by:
[Amended 12-5-2022 by Ord. No. 22-O-09]
(a)
A business entity in which the individual held a 10% or greater interest;
(b)
A business entity described in Subsection H(2)(a) of this section in which the business entity held a 25% or greater interest;
(c)
A business entity described in Subsection H(2)(b) of this section 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.
I.
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.
J.
The Town Ethics Commission may take appropriate enforcement action
to ensure compliance with this section.
K.
An individual who is required to disclose the name of a business
under this section shall also disclose any other names under which
the business is trading or doing business.
[Added 12-5-2022 by Ord. No. 22-O-09]
[Amended 9-22-2015 by Ord. No. 15-O-11]
A.
This section only applies to the following appointed officials and
employees:
(1)
Town Clerk.
(2)
Town Treasurer.
(3)
Chief of Police and the designated Acting Chief of Police.
(4)
Public Works Director.
(5)
Members of the Supervisors of Elections, the Ethics Commission,
and any other board, commission or committee, and any other appointed
official designated by the Council.
(6)
Any other appointed official as required by law.
(7)
Town Attorney.
B.
A statement filed under this section shall be filed with the Commission
under oath or affirmation.
C.
On or before April 30 of each year during which an official or employee
holds office, an official or employee shall file a statement disclosing
gifts received during the preceding calendar year from any person
that contracts with or is regulated by the Town, including the name
of the donor of the gift and the approximate retail value at the time
or receipt.
D.
An official or employee shall disclose 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.
A newly
appointed Town official shall file a required disclosure form within
30 days of appointment. The reporting period for the statement is
the calendar year immediately preceding the year in which the disclosure
form is filed, and the portion of the current calendar year to the
date the form is filed.
F.
The Commission shall maintain all disclosure statements filed under
this section as public records available for public inspection and
copying as provided in § 12-105E and F of this chapter.
[Added 9-22-2015 by Ord.
No. 15-O-11[1]]
The Town Clerk is authorized to receive any form required by
this chapter to be filed with the Supervisors of Elections or the
Ethics Commission.
[1]
Editor's Note: This ordinance also provided for the repeal
of former § 12-107, Lobbying disclosure.
A.
Advisory opinions.
(1)
Any person subject to this chapter may request an advisory opinion
from the Commission concerning the application of this chapter.
(2)
The Commission shall respond promptly to a request for an advisory
opinion and shall provide interpretations of this chapter based on
the facts provided or reasonably available to the Commission.
(3)
In accordance with all applicable state and Town laws regarding
public records, the Commission shall publish or otherwise make available
to the public copies of the advisory opinions, with the identities
of the subjects deleted. The name of the person requesting the advisory
opinion and the names of all persons or business entities mentioned
in the opinion shall be deemed confidential information and shall
not be disclosed by the members of the Commission unless each person
or business entity waives such confidentiality.
B.
Complaints.
(1)
Any person may file a complaint with the Commission alleging
a violation of any of the provisions of this chapter.
(2)
A complaint shall be in writing and under oath.
(3)
The Commission may refer a complaint to the Town Attorney, or
other legal counsel if appropriate, for investigation and review.
If the ethics counsel determines that the complaint is time barred
or does not assert facts that, if proven true, would constitute a
violation of this chapter, the ethics counsel may recommend that the
Commission dismiss the complaint without notice to the subject of
the complaint or a hearing. Upon receipt of the recommendation, the
Commission may dismiss the complaint.
[Amended 9-22-2015 by Ord. No. 15-O-11]
(4)
The Commission may dismiss a complaint if, after receiving an
investigative report, the Commission determines that there are insufficient
facts upon which to base a determination of a violation.
(5)
If there is a reasonable basis for believing a violation has
occurred, the subject of the complaint shall be given an opportunity
for a hearing conducted in accordance with the applicable Town rules
of procedure.
(6)
A final determination of a violation resulting from the hearing
shall include findings of fact and conclusions of law.
(7)
Upon finding of a violation, the Commission may take any enforcement
action provided for in § 12-109 of this chapter.
(8)
After a complaint is filed and until a final finding of a violation
by the Commission, all actions regarding a complaint are confidential.
A finding of a violation is public information.
[Amended 9-22-2015 by Ord. No. 15-O-11]
A.
The Commission may issue a cease and desist order against any person
found to be in violation of this chapter.
B.
Upon a finding of a violation of any provision of this chapter, the
Commission may:
C.
Upon request by the Commission, the Town Attorney may file a petition
for injunctive or other relief in the Circuit Court of Prince George's
County, or in any other court having proper venue, for the purpose
of requiring compliance with the provisions of this chapter and for
assessment of a fine not to exceed $1,000.
D.
In addition to any other enforcement provisions in this chapter,
a person who the Commission or a court finds has violated this chapter:
E.
A Town 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, or
other sanction.
[Added 9-22-2015 by Ord.
No. 15-O-11]
Any person required to file a conflict of interest or financial
disclosure statement pursuant to this chapter shall correct any inaccurate
or incomplete filings with the Commission within 15 days of learning
or being notified that the statement is inaccurate or incomplete.
Any candidate for office notified that a statement is, or appears
to the Commission to be, inaccurate or incomplete must provide the
additional information required to the Commission or confirm the accuracy
and completeness of the statement within five calendar days of notification.
If additional information is not provided or the accuracy and completeness
of the information is not confirmed, in writing, within the required
time to the satisfaction of the Commission that it is in compliance
with the Ethics Code, then the candidate is deemed to have withdrawn
the candidacy.
