The words used in this chapter have their normal accepted meanings except as set forth below:
BUSINESS ENTITY.
(1) A corporation, general or limited partnership, sole proprietorship, joint venture, unincorporated association or firm, institution, trust, foundation, or other organization, whether or not operated for profit.
(2) BUSINESS ENTITY does not include a governmental entity.
COMMISSION. The Frederick County Ethics Commission established pursuant to § 1-7.1-4 of this chapter.
COMMITTEE. The Independent Ethics Commission Nominating Committee, established pursuant to § 1-7.1-4 of this chapter.
COMPENSATION.
(1) Any money or thing of value, regardless of form, received or to be received by any individual covered by this chapter from an employer for service rendered.
(2) For the purposes of § 1-7.1-8 of this chapter, if lobbying is only a portion of a person's employment, compensation means a prorated amount based on the time devoted to lobbying compared to the time devoted to other employment duties.
COUNCIL MEMBER. A member of the County Council.
COUNTY COUNCIL. The County Council of Frederick County, Maryland.
COUNTY EXECUTIVE. The County Executive of Frederick County, Maryland.
DESIGNATED SECOND HOME.
(1) If an individual owns one second home, the individual's second home; or
(2) If an individual owns more than one second home, any one second home the individual identifies to the Commission as the individual's designated second home.
DOING BUSINESS WITH.
(1) Having or negotiating a contract that involves the commitment, either in a single or combination of transactions of $5,000 or more of county controlled funds;
(2) Being regulated by or otherwise subject to the authority of the county; or
(3) Being registered as a lobbyist under § 1-7.1-8 of this chapter.
ELECTED OFFICIAL. An individual who holds elective office as the County Executive or a County Council member.
GIFT.
(1) The transfer of anything of economic value regardless of the form without adequate and lawful consideration.
(2) GIFT does not include the solicitation, acceptance, receipt, or regulation of political campaign contributions regulated in accordance with the provisions of Election Law Art. §§ 13-101 et seq., or any other provision of state or local law regulating the conduct of elections or the receipt of political campaign contributions.
HOME ADDRESS.
(1) An individual's principal home; and
(2) An individual's designated second home, if any.
IMMEDIATE FAMILY. A spouse and dependent children.
INTEREST.
(1) 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.
(3) INTEREST does not include:
(i) An interest held in the capacity of a personal agent, custodian, fiduciary, personal representative, or trustee, unless the holder has an equitable interest in the subject matter;
(ii) An interest in a time or demand deposit in a financial institution;
(iii) 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;
(iv) A common trust fund or a trust that forms part of a pension or profit sharing plan that has more than 25 participants and has been determined by the Internal Revenue Service to be a qualified trust under the Internal Revenue Code;
(v) A college savings plan under the Internal Revenue Code; or
(vi) 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 individual's department or agency.
LOBBYING.
(1) Communicating in the presence of a County official or employee with the intent to influence any official action of that official or employee; or
(2) Engaging in activities with the express purpose of soliciting others to communicate with a County official or employee with the intent to influence that official or employee.
LOBBYIST. A person required to register and report expenses related to lobbying under § 1-7.1-8 of this chapter.
OFFICIAL. This includes an elected official, an official appointed to a county position by the County Executive or the County Council, a county employee and a member of a county board or commission:
(1) Whether or not paid in whole or in part with County funds; and
(2) Whether or not compensated.
PERSON. Includes an individual or business entity.
PRINCIPAL HOME. The sole residential property that an individual occupies as the individual's primary residence, whether owned or rented by the individual.
QUALIFIED RELATIVE. A spouse, parent, child, or sibling.
QUASI-GOVERNMENTAL 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.
SECOND HOME.
(1) A residential property that an individual occupies for some portion of the filing year; and
(2) Is not a rental property or a time share.
(Ord. 11-26-592, 11-17-2011; Ord. 13-27-655, 12-5-2013; Ord. 14-23-678, 11-13-2014; Bill No. 16-01, 3-1-2016; Bill No. 17-06, 5-2-2017; Bill No. 18-14, 6-5-2018; Bill No. 22-14, 9-6-2022)