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Town of St. Michaels, MD
Talbot County
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Table of Contents
Table of Contents
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[HISTORY: Adopted by The Commissioners of St. Michaels 2-23-1982 by Ord. No. 133. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Public Ethics Ordinance."
A. 
When not consistent with the context, the words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include plural number. The word "shall" is always mandatory and not merely directory.
B. 
For the purpose of this chapter, the following words, terms, phrases, and their derivations shall have the meanings given herein:
DEPARTMENT HEAD
A Town employee directly in charge of the St. Michaels Police Department and the Town employee directly in charge of the St. Michaels Public Works Department.
TOWN
The municipal corporation known as "The Commissioners of St. Michaels" which constitutes the government of the Town of St. Michaels, Maryland.
TOWN EMPLOYEE
A person employed by the Town on a full-time or part-time basis, rather than a consulting basis.
[Amended 6-7-2006 by Ord. No. 337]
TOWN INSPECTOR
The Town's Building Inspector, Health Officer, and Zoning Inspector.
[Amended 9-12-2007 by Ord. No. 368]
TOWN OFFICIAL
Persons elected or appointed to the position of membership upon that public body of the Town known as "The Commissioners of St. Michaels," or upon any administrative board or commission of the Town having decisionmaking authority.
[Amended 10-23-1984 by Ord. No. 156]
[Amended 10-23-1984 by Ord. No. 156]
Generally, unless otherwise stated, the provisions of this chapter shall apply to every Town official, Town inspector, and Town employee.
There shall be a Town Ethics Commission which shall be composed of three members who shall serve at the pleasure of and be appointed by resolution of The Commissioners of St. Michaels, which resolution shall become effective immediately upon reading and passage at a single meeting by The Commissioners of St. Michaels. 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 published advisory opinions to persons subject to this chapter as to the applicability of this chapter to them;
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.
[Amended 10-23-1984 by Ord. No. 156]
No Town official, Town inspector or Town employee shall:
A. 
Participate on behalf of the Town in any matter which would, to their knowledge, have a direct financial impact, as distinguished from the public generally, on them, their spouse or dependent child, or a business entity with which they are affiliated.
B. 
Hold or acquire an interest of either $5,000 or 25% or greater in a business entity that has or is negotiating a contract of $5,000 or more with the Town or is regulated by their agency, except as exempted by the Commission where the interest is disclosed pursuant to § 22-6 of this chapter.
C. 
Be employed by a business entity that has or is negotiating a contract of more than $5,000 with the Town or is regulated by their agency, except as exempted by the Commission pursuant to § 22-6 of this chapter.
D. 
Hold any outside employment relationship that would impair their impartiality or independence of judgment.
E. 
Represent any party, for a contingent fee, before any Town body.
F. 
Within one year following termination of Town service, act as a compensated representative of another in connection with any specific matter in which he or she participates substantially as a Town official or employee.
G. 
Solicit any gift or accept gifts of greater than $25 in value from any person that has or is negotiating a contract with the Town or is regulated by their agency, except when these gifts would not present a conflict of interest as determined by the Commission. For the purposes of this section, "gift" includes the transfer of anything of economic value, regardless of form without adequate and lawful consideration.
H. 
Use the prestige of their office for their benefit or that of another.
I. 
Use confidential information acquired in their official Town position for their own benefit or that of another.
A. 
The Town Clerk, Town Manager, and every Town official, Town inspector and department head shall annually, not later than January 31 of each calendar year during which he or she holds office beginning on January 31, 1983, file a statement with the Commission disclosing any gifts received during the preceding calendar year from any person known by said Town Clerk, Town Manager, Town official, Town inspector, or department head to have a contract with the Town or any person regulated by his or her agency. The statement shall identify the donor of the gift and its approximate retail value at the time of receipt.
[Amended 10-23-1984 by Ord. No. 156]
B. 
Candidates seeking election as a member of The Commissioners of St. Michaels shall file statements consistent with the requirements of Subsection A of this section at the time they file their certificate of candidacy.
C. 
All officials and employees to whom this chapter is applicable and all candidates for elective office to positions subject to this chapter shall file a statement with the Commission disclosing any interest or employment the holding of which would require disqualification from participation pursuant to § 22-5 (Conflicts of interest) of this chapter, sufficiently in advance of any anticipated action to allow adequate disclosure to the public.
D. 
Disclosure statements filed pursuant to this section shall be maintained by the Commission as public records available for public inspection and copying.
The Commission may grant exceptions and modifications to the provisions of § 22-5 (Conflicts of interest) of this chapter and § 22-6 (Financial disclosure) of this chapter if it determines that application of those provisions would:
A. 
Constitute an unreasonable invasion of privacy;
B. 
Significantly reduce the availability of qualified persons for public service; and
C. 
Not be required to preserve the purposes of this chapter.
A. 
The Commission may issue a cease-and-desist order against any person found to be in violation of this chapter and may seek enforcement of this order in the Circuit Court for Talbot County. The court may issue a cease-and-desist order and may also impose penalties pursuant to § C-21A of the Charter for any violation of the provisions of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
A Town official or employee found to have violated this chapter may be subject to disciplinary or other appropriate personnel action, including suspension of the Town salary or other compensation.