City of Hagerstown, MD
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Hagerstown 11-23-2010 by Ord. No. O-10-27[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 10.
Elections — See Ch. 29.
Ethics Commission — See Ch. 35.
[1]
Editor's Note: This ordinance repealed former Ch. 33, Ethics, Code of, adopted 3-2-1982, as amended.
A. 
The Mayor and Council, recognizing that our system of representative government is dependent in part upon the people maintaining the highest trust in their public officials and employees, finds and declares that the people have a right to be assured that the impartiality and independent judgment of public officials and employees will be maintained.
B. 
It is evident that this trust is eroded when the conduct of the City's business is subject to improper influence and can be eroded where there is even the appearance of improper influence.
C. 
To guard against improper influence, the Mayor and Council enact this chapter to require City officials and employees to disclose their financial affairs and to set minimum standards for the conduct of City business.
D. 
It is the intention of the Mayor and Council that this chapter, except for criminal sanctions, be liberally construed to accomplish this purpose.
E. 
It is also the intention of the Mayor and Council that regular education and communication concerning this chapter be provided to all applicable individuals on a regular basis.
F. 
An additional purpose of this chapter is to comply with Title 15 of the State Government Article of the Annotated Code of the State of Maryland.
[Amended 8-23-2011 by Ord. No. O-11-16]
The provisions of this chapter, unless otherwise herein provided, shall be applicable to all elected officials, employees and members of boards and commissions of the City of Hagerstown, Maryland.
[Amended 8-23-2011 by Ord. No. O-11-16]
A. 
Participation prohibitions.
(1) 
Except as permitted by Commission regulation or opinion, an official or employee may not participate in:
(a) 
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 the spouse, children, (dependent or otherwise), parents, siblings, in-laws or any person who shares a household with the official or employee (a "qualified relative") 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, 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 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:
(a) 
The disqualification leaves a body with less than a quorum capable of acting;
(b) 
The disqualified official or employee is required by law to act; or
(c) 
The disqualified official or employee is the only person authorized to act.
(3) 
The prohibitions of Subsection A(1) of this section do not apply if participation is allowed by regulation or opinion of the Commission.
B. 
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:
(a) 
Be employed by or have a financial interest in any entity:
[1] 
Subject to the authority of the official or employee or the City agency, board, or commission with which the official or employee is affiliated; or
[2] 
That is negotiating or has entered a contract with the agency, board, or commission with which the official or employee is affiliated; or
(b) 
Hold any other employment relationship that would impair the impartiality or independence of judgment of the official or employee.
(2) 
The prohibitions of Subsection B(1) of this section do 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, 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;
(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; or
(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.
C. 
Post-employment limitations and restrictions.
(1) 
A former official or employee may not assist or represent any 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 the former official or employee significantly participated as an official or employee.
(2) 
For one year after the elected official leaves office, a former member of the Mayor and Council may not assist or represent another party for compensation in a matter that is the subject of legislative action.
[Amended 4-28-2015 by Ord. No. O-15-07]
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) 
This subsection does not prohibit the performance of usual and customary constituent services by an elected official without additional compensation.
F. 
Solicitation and acceptance of gifts.
(1) 
"Gift" shall mean 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 Election Law Articles of the 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.
[Added 8-27-2013 by Ord. No. O-13-22 [1]]
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsection F(1) through (4) as Subsection F(2) through (5).
(2) 
An official or employee may not solicit any gift.
(3) 
An official or employee may not directly solicit or facilitate the solicitation of a gift on behalf of another person from a regulated lobbyist.
[Amended 4-28-2015 by Ord. No. O-15-07]
(4) 
An official or employee may not knowingly accept a gift, directly or indirectly, from a person or entity that the official or employee knows or has reason to know:
[Amended 4-28-2015 by Ord. No. O-15-07]
(a) 
Is doing business with or seeking to do business with the City office, agency, board, or commission with which the official or employee is affiliated;
(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.
(5) 
Exceptions; acceptable items.
(a) 
This subsection does not apply to a gift:
[1] 
That would tend to impair the impartiality and the independence of judgment of the official or employee receiving the gift;
[2] 
Of significant value that would give the appearance of impairing the impartiality and independence of judgment of the official or employee; or
[3] 
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.
(b) 
Notwithstanding Subsection F(4) of this subsection, an official or employee may accept the following:
[1] 
Meals and beverages consumed in the presence of the donor or sponsoring entity;
[2] 
Ceremonial gifts or awards that have insignificant monetary value;
[3] 
Unsolicited gifts of nominal value that do not exceed $20 in cost or trivial items of informational value;
[4] 
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;
[5] 
Gifts of tickets or free admission extended to an elected 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;
[6] 
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;
[7] 
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
[8] 
Honoraria for speaking to or participating in a meeting, provided that the offering of the honorarium is in no way related 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 may not disclose or use confidential information that the official or employee acquired by reason of the official's or employee's public position and that is not available to the public for the economic benefit of the official or employee or that of another person.
H. 
Participation in procurement.
(1) 
An individual or a person that employs an individual who assists a City agency or unit 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 procuring agency.
[Added 8-23-2011 by Ord. No. O-11-16]
A. 
This section applies to all elected officials and all candidates to be elected officials.
B. 
Except as provided in Subsection D of this section, an elected official or candidate to be an elected official shall file the financial disclosure statement required under this subsection:
(1) 
On a form provided by the Ethics Commission for the City of Hagerstown (the "Commission");
(2) 
Under oath or affirmation; and
(3) 
With the Commission.
C. 
Deadlines for filing statements.
(1) 
An incumbent official shall file a financial disclosure statement annually no later than April 30 of each year for the preceding calendar year.
(2) 
An official 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 shall file a statement for the preceding calendar year within 30 days after appointment.
(3) 
An individual who, other than by reason of death, leaves an office for which a statement is required, shall file a statement within 60 days after leaving the office.
(4) 
The statement shall cover:
(a) 
The calendar year immediately preceding the year in which the individual left office, unless a statement covering that year has already been filed by the individual; and
(b) 
The portion of the current calendar year during which the individual held the office.
D. 
Candidates to be elected officials.
(1) 
Except for an official who has filed a financial disclosure statement under another provision of this section for the reporting period, a candidate to be an elected official shall file a financial disclosure statement each year beginning with the year in which the certificate 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 certificate of candidacy is filed, no later than the filing of the certificate of candidacy;
(b) 
In the year of the election, on or before the earlier of April 30 or the last day for the withdrawal of candidacy; and
(c) 
In all other years for which a statement is required, on or before April 30.
(3) 
A candidate to be an elected official:
(a) 
May file the statement required under Subsection D(2)(a) of this section with the City Clerk or Board of Election Supervisors with the certificate of candidacy or with the Commission prior to filing the certificate of candidacy; and
(b) 
Shall file the statements required under Subsection D(2)(b) and (c) of this section of this chapter with the Commission.
(4) 
If a candidate fails to file a statement required by this section after written notice is provided by the City Clerk or Board of Election Supervisors at least 20 days before the last day for the withdrawal of candidacy, the candidate is deemed to have withdrawn the candidacy.
(5) 
The City Clerk or Board of Election Supervisors may not accept any certificate of candidacy unless a statement required under this section has been filed in proper form.
(6) 
Within 30 days of the receipt of a statement required under this section, the City Clerk or Board of Election Supervisors shall forward the statement to the Commission.
E. 
Public record.
(1) 
The Commission shall maintain all financial disclosure statements filed under this section.
(2) 
The Commission shall make financial disclosure statements 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 shall record:
(a) 
The name and home address of the individual reviewing or copying the statement; and
(b) 
The name of the person whose financial disclosure statement was examined or copied.
(4) 
Upon request by the individual whose financial disclosure statement was examined or copied, 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.
F. 
Retention requirements. The Commission shall retain financial disclosure statements 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 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:
[a] 
The date when, the manner in which, and the identity of the person 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 G(2)(b)[2] of this section by reporting, instead of a dollar amount:
[1] 
For an equity interest in a corporation, the number of shares held and, unless the corporation's stock is publicly traded, the percentage of equity interest held; or
[2] 
For an equity interest in a partnership, the percentage of equity interest held.
(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 G(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] 
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:
[a] 
The date when, the manner in which, and the identity of the person 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.
(4) 
Gifts.
[Amended 8-27-2013 by Ord. No. O-13-22; 4-28-2015 by Ord. No. O-15-07]
(a) 
A statement filed under this section shall include a schedule of each gift, as defined in § 33-3 hereof, 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 the City.
(b) 
For each gift reported, the schedule shall include:
[1] 
A description of the nature and value of the gift; and
[2] 
The identity of the person or entity from whom, or on behalf of whom, directly or indirectly, the gift was received.
(5) 
Employment with or interests in entities doing business with the 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.
(b) 
For each position reported under this subsection, the schedule shall include:
[1] 
The name and address of the principal office of the business entity;
[2] 
The title and nature of the office, directorship, or salaried employment held and the date it commenced; and
[3] 
The name of each City agency with which the entity is involved as indicated by identifying one or more of the three categories of "doing business," as defined in § 3(d) of this chapter.[1]
[1]
Editor's Note: So in original.
(6) 
Indebtedness to persons or entities doing business with the City.
[Amended 8-27-2013 by Ord. No. O-13-22]
(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:
[1] 
By the individual; or
[2] 
By the spouse or dependent children ("immediate family members") of the individual if the individual was involved in the transaction giving rise to the liability.
(b) 
For each liability reported under this subsection, the schedule shall include:
[1] 
The identity of the person or 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 City. A statement filed under this section shall include a schedule of the immediate family members of the individual employed by the City 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.
H. 
For the purposes of Subsection G(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 by a business entity in which the individual held a 30% or greater interest at any time during the reporting period.
(3) 
An interest held by a trust or an estate in which, at any time during the reporting period:
(a) 
The individual held a reversionary interest or was a beneficiary; or
(b) 
If a revocable trust, the individual was a settlor.
I. 
Review of disclosure statements; 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 City Ethics Commission may take appropriate enforcement action to ensure compliance with this section.
[Amended 8-27-2013 by Ord. No. O-13-22]
A. 
This section applies to the following, provided that the offices exist:
(1) 
The City Administrator;
(2) 
The City Clerk;
(3) 
The City Treasurer;
(4) 
The City Finance Director;
(5) 
The City Attorney;
(6) 
All City department heads; and
(7) 
Members of all boards, commissions and committees of the City of Hagerstown, Maryland, and City appointees to non-City boards, commissions, and committees.
B. 
An employee or an official shall file the financial disclosure statement required under this subsection:
(1) 
On a form provided by the Ethics Commission for the City of Hagerstown (the "Commission");
(2) 
Under oath or affirmation; and
(3) 
With the Commission.
C. 
Deadlines for filing statements.
(1) 
An employee or official shall file a financial disclosure statement annually no later than January 31 of each year for the preceding calendar year.
(2) 
An official who is hired or 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 shall file a statement for the preceding calendar year within 30 days after appointment.
D. 
Public record.
(1) 
The Commission shall maintain all financial disclosure statements filed under this section.
(2) 
The Commission shall make financial disclosure statements 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 shall record:
(a) 
The name and home address of the individual reviewing or copying the statement; and
(b) 
The name of the person whose financial disclosure statement was examined or copied.
(4) 
Upon request by the individual whose financial disclosure statement was examined or copied, the Commission shall provide the official with a copy of the name and home address of the person who reviewed the employee's or official's financial disclosure statement.
E. 
Retention requirements. The Commission shall retain financial disclosure statements for four years from the date of receipt.
F. 
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 located in Washington County, Maryland.
(b) 
For each reported 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, which is authorized to do business in the State of Maryland and has a place of business in Washington County, Maryland.
(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:
[a] 
The date when, the manner in which, and the identity of the person from whom the interest was acquired; and
[b] 
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.
(c) 
An individual may satisfy the requirement to report the amount of interest held under Subsection F(2)(b)[2] of this section by reporting, instead of a dollar amount:
[1] 
For an equity interest in a corporation, the number of shares held and, unless the corporation's stock is publicly traded, the percentage of equity interest held; or
[2] 
For an equity interest in a partnership, the percentage of equity interest held.
(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.
(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 interest held, including any conditions to 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 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:
[a] 
The date when, the manner in which, and the identity of the person from whom the interest was acquired; and
[b] 
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.
(4) 
Employment with entities doing business with the City.
(a) 
A statement filed under this section shall include a schedule of all 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.
(b) 
For each position reported under this subsection, the schedule shall include:
[1] 
The name and address of the principal office of the business entity;
[2] 
The title and nature of the salaried employment held and the date it commenced; and
[3] 
The name of each City agency with which the entity is involved or by which the entity is regulated.
(5) 
Indebtedness to persons or entities doing business with 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:
[1] 
By the individual; or
[2] 
By the spouse or dependent children ("immediate family members") of the individual if the individual was involved in the transaction giving rise to the liability.
(b) 
For each liability reported under this subsection, 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.
(6) 
Employment with City. A statement filed under this section shall include a schedule of the immediate family members of the individual employed by the City in any capacity at any time during the reporting period.
(7) 
Gifts.
[Amended 4-28-2015 by Ord. No. O-15-07; 4-28-2015 by Ord. No. O-15-07]
(a) 
A statement filed under this section shall include a schedule of each gift, as defined in § 33-3 hereof, 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 the City.
(b) 
For each gift reported, the schedule shall include:
[1] 
A description of the nature and value of the gift; and
[2] 
The identity of the person or entity from whom, or on behalf of whom, directly or indirectly, the gift was received.
(8) 
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.
G. 
For the purposes of Subsection F(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 by a business entity in which the individual held a thirty-percent or greater interest at any time during the reporting period.
(3) 
An interest held by a trust or an estate in which, at any time during the reporting period:
(a) 
The individual held a reversionary interest or was a beneficiary; or
(b) 
If a revocable trust, the individual was a settler.
H. 
Board members - modified requirements. An appointed member of a City board, commission or committee, and City appointees to non-City boards, commissions or committees, shall file the statement required by this section and shall be required to disclose the information specified only with respect to those interests, gifts, compensated positions, and liabilities that may create a conflict between the member's personal interests and the member's duties on the board.
I. 
Review of disclosure statements; 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 who submitted the statement of any omissions or deficiencies.
(2) 
The City Ethics Commission may take appropriate enforcement action to ensure compliance with this section.
A. 
Any person who personally appears before any City official or employee with the intent to influence that person in performance of his official duties and who, in connection with such intent, expends or reasonably expects to expend in a given calendar year in excess of $100 on food, entertainment or other gifts for such official shall file a registration statement with the Commission not later than January 15 of the calendar year or within five days after first making these appearances.
B. 
The registration statement 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 these appearances and shall cover a defined registration period not to exceed one calendar year.
C. 
Registrants under this section shall file a report within 30 days after the end of any calendar year during which they were registered, disclosing the value, date and nature of any good, entertainment or other gift provided to a City official, employee, or appointee. When a gift to a single official, employee, or appointee exceeds $20 in value, or a series of gifts to a single official or employee exceeds $100 in value, the official, employee, or appointee shall also be identified.
[Amended 8-27-2013 by Ord. No. O-13-22]
D. 
The registrations and reports filed pursuant to this section shall be maintained by the Commission as public records available for public inspection and copying.
[1]
Editor's Note: Former § 3-6, Grant of exemptions or modifications, was repealed 8-23-2011 by Ord. No. O-11-16.
[Amended 8-27-2013 by Ord. No. O-13-22]
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 of Washington County. The court may issue a cease-and-desist order and may also impose a fine up to $500 for any violation of the provisions of this chapter.
B. 
A City official, employee, or appointee found to have violated this chapter may be subject to disciplinary or other appropriate action, including but not limited to reprimand, probation, suspension of City employment, with or without suspension of salary or other compensation, or termination or removal. The Commission shall make recommendations to the appropriate City authority.
C. 
Violation of the lobbying disclosure requirements contained in § 33-5 of this chapter shall be a misdemeanor subject to a fine of up to $500 or imprisonment of up to one year. The Commission shall make recommendations to the appropriate prosecuting authority.