[Amended 7-20-2023 by Ord. No. O-23-20]
Based on a complaint filed with it, information provided in
public disclosure statements or developed in connection with a request
for an advisory opinion, or on its own review of any other information
available to it, the Commission may investigate possible violations
of this chapter.
If the Commission finds that there are reasonable grounds to believe that a covered person may have committed a criminal offense, such as bribery, perjury, corrupt behavior, or other misconduct in office, it shall promptly refer the matter to an appropriate prosecuting authority. If the referral occurs before the Commission has reached a decision under § 25-38, the Commission shall immediately stay its proceedings until informed by the prosecuting authority that the stay is no longer necessary.
If the Commission determines, based on consideration of the
matter, including the answer of a covered person, by a unanimous vote
of all members then serving, that there is a reasonable basis for
believing the conflict of interest or public disclosure provisions
of this chapter have been violated, it shall make an effort to resolve
the matter informally.
A.
If attempts at informal resolution fail, and there are no material
facts in dispute, the Commission will, after an opportunity for the
respondent and other interested persons to make arguments, issue its
decision.
B.
If there are material facts in dispute, the Town, upon request of
the Commission and with the consent of the Town's budget authorities,
may contract with a qualified person to hold a hearing and recommend
findings of fact to the Commission. The Commission, after an opportunity
for the respondent and other interested persons to make arguments,
shall issue its decision.
C.
If there are material facts in dispute but funds to contract with
a qualified person to hold a hearing are not provided, the Commission
may determine, based on the nature and extent of the factual disputes,
whether to hold a hearing chaired by one of its members and go forward
to issue a decision as above or, in the alternative, close the case
without a decision.
D.
A decision by the Commission may provide appropriate remedies and
punishments. These may include:
(1)
Assessing a late fee of $2 per day, not to exceed $500 in total, for a failure to timely file a financial public disclosure statement required under § 25-31 of this chapter and for a failure to timely remedy any deficiencies which the filer was notified of under § 25-34. The Commission may petition the circuit court for an order compelling payment of an assessed fee;
(2)
Issuing an order of compliance directing the respondent to cease
and desist from the violation;
(3)
Issuing a reprimand;
(4)
Recommending to the appropriate authority to suspend payment of salary
or other compensation pending full compliance with the order of the
Commission; and
(5)
Recommending to the appropriate authority other appropriate discipline
of the respondent, including censure or removal if that discipline
is authorized by law.
E.
Upon request of the Commission and subject to the availability of
funds, the Town may file a petition for injunctive or other relief
in the circuit court for Calvert County. The court may:
(1)
Issue an order to cease and desist from the violation;
(2)
Order suspension of payment of salary or other compensation pending
full compliance with the order of the Commission or of the court;
(3)
Order removal of the respondent from his or her position if that
discipline is authorized by law;
(4)
Impose a fine of up to $5,000 for any violation of the provisions
of this chapter.
