(A) The Commission may:
(2) Assess a late fee of $ 10 per day up to a maximum of $250 for a failure to file a timely lobbyist registration or lobbyist report required under § 12-9 of this chapter; and
(3) Issue a cease and desist order against any person found to be in violation of this chapter.
(B) (1) Upon a finding of a violation of any provision of this chapter, the Commission may:
(a) Issue an order of compliance directing the Respondent to cease and desist from the violation;
(b) Issue a reprimand; or
(c) Recommend to the appropriate authority other appropriate discipline of the respondent, including censure or removal if that discipline is authorized by law.
(2) If the Commission finds that a respondent has violated § 12-9 of this chapter, the Commission may:
(a) Require a respondent who is a registered lobbyist to file any additional reports or information that reasonably related to the information that is required under § 12-9 of this chapter;
(b) Impose a fine not exceeding $5,000 for each violation; and
(c) Suspend the registration of an individual registered lobbyist if the Commission finds that the lobbyist has knowingly and willfully violated § 12-9 of this chapter or has been convicted of a criminal offense arising from lobbying activities.
(D) When the Commission recommends action against the respondent.
(1) If a recommendation that the respondent be removed or suspended from office is filed by the Commission with the Mayor and Council, the Mayor and Council may issue a reprimand, or conduct a hearing to determine whether removal from office is warranted under the applicable provisions of the state and local laws. Failure of an official to file the required financial disclosure statement may constitute grounds for removal from office.
(2) Any hearing by the Mayor and Council shall be conducted in accordance with the following provisions:
(a) The Respondent must be given at least 20 days notice of the hearing date.
(b) The rules of evidence shall apply to the hearing. All evidence, including certified copies of records and documents which the Mayor and Council considers shall be fully offered and made part of the record in the case.
(c) Each party shall be afforded adequate opportunity to rebut or offer countervailing evidence, and to cross-examine witnesses.
(d) During the entire hearing conducted under the provisions of this chapter, the respondent or any person whose activities are under investigation shall be entitled to be represented by counsel of his or her choosing. The Mayor and Council shall immediately disclose and forward to the respondent or his or her counsel any evidence which it possesses that may tend to clear the respondent.
(e) The respondent or his or her representative shall have an adequate opportunity to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses to establish all pertinent facts and circumstances, and to question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses. Upon the request of the respondent, the Mayor and Council shall subpoena named individuals to appear as witnesses at the hearing, if such action is necessary to compel their attendance. Subpoenas issued pursuant to this § 12-10 shall be judicially enforceable.
(f) The Mayor and Council shall have the power to compel the attendance of witnesses and to issue subpoenas for books, records, documents or papers therein to be designated under the authority granted to it by state law.
(g) The Mayor and Council may request of the Maryland Comptroller permission to have a designated public officer examine the income tax returns of the person whose conduct or activities are under consideration by the Mayor and Council. The examination of the person's income tax returns shall be in accordance with state law.
(E) Mayor and Council action. The Mayor and Council shall, by majority vote, determine what, if any, action shall be taken against the respondent. The Mayor and Council may take any action which it is lawfully entitled to take, including, but not limited to, any one or combination of the following which the Mayor and Council deems appropriate under the circumstances: public admonition; public reprimand, suspension; demotion; forfeiture or removal from office, termination from employment and a cease and desist order, which must be enforced by a court of competent jurisdiction.
(F) Upon direction by the Commission or the Mayor and Council, the Commission Attorney may file a petition for injunctive or other relief in the Circuit Court for Kent County, or in any other court having proper venue for the purpose of requiring compliance with the provisions of this chapter. The court may:
(1) Issue an order to cease and desist from the violation; or
(2) Void an official action taken by a public servant with a conflict of interest prohibited by this chapter when the action arises from or concerns the subject matter of the conflict and if the legal action is brought within 90 days of the occurrence of the official action, if the court deems voiding the action to be in the best interest of the public, provided, however, that the court may not void any official action appropriating public funds, levying taxes, or providing for the issuance of bonds, notes, or other evidences of public obligation; or
(3) Impose a fine of up to $5,000 for any violation of the provisions of this chapter, each day upon which the violation occurs constituting a separate offense.
(G) In addition to any other enforcement provisions in this chapter, a person who is subject to the provisions of this chapter and who is found by the Commission, Mayor and Council, or a court to have violated its provisions may be subject to termination or such other disciplinary action as may be warranted, or may be suspended from receiving payment of salary or other compensation pending full compliance with the terms of an order of the Commission, Mayor and Council, or a court.
(H) Any person who is subject to the provisions of this chapter shall obtain and preserve all accounts, bills, receipts, books, papers, and documents necessary to complete and substantiate any reports, statements, or records required to be made pursuant to this chapter for three years from the date of filing the report, statement, or record containing these items. These papers and documents shall be available for inspection upon request by the Commission or the Mayor and Council after reasonable notice.
(I) Duties.
(1) All public servants shall respond fully and truthfully to any inquiries by the Town Attorney, the Commission or its attorney in connection with the investigation of an alleged or potential violation of this chapter. All public servants shall cooperate fully in any investigation by the Town Attorney, the Commission or its attorney, and shall locate, compile and produce for them such information as they may request, unless the information requested is exempt from disclosure under other applicable law.
(2) All public servants have a general duty to report any ethical violations of this chapter of which they have knowledge. Any person may report a violation of this chapter to any town officer or employee, who shall forward the report to a public servant whose specific official duties include the receipt and further processing of such reports.
(3) Duty to comply with other laws. In addition to being a violation of other laws, it is also a violation of this chapter for any public servant to:
(a) Be convicted of any felony or misdemeanor involving moral turpitude, whether or not the crime relates directly to the duties of the public servant's position in public service; or
(b) Be found guilty of violating any federal, State or Town law prohibiting discrimination against any protected class; or
(c) Be found guilty of violating any federal, state or town laws prohibiting sexual harassment; or
(d) Be found guilty of violating any federal, state or town laws prohibiting retaliation against public servants who assert a lawful claim of any nature or otherwise engage in lawfully protected activity; or
(e) Be found guilty of violating any state laws governing lobbying activities conducted by the public servant; or
(f) Be found guilty of violating any federal, state or town laws or policies regulating political activity.
(J) Any person who knowingly and willfully violates the provisions of § 12-9 of this chapter is guilty of a misdemeanor and upon conviction in a court of law is subject to a fine of not more than $1,000 or imprisonment for not more than one year, or both.
(K) Statute of limitations. No action may be taken on any complaint which is filed later than one year after a violation of this chapter is alleged to have occurred, and a complaint alleging a violation must be filed within six months from the date the complainant(s) knew or should have known of the action alleged to be a violation.
(Ord. 06-2012, passed 11-5-2012)