(A) (1) This section applies to all elected officials, candidates to be elected officials and the following designated positions:
(a) The Chief Administrative Officer;
(b) The County Attorney;
(c) The Directors appointed and confirmed pursuant to Section 412(a) of the County Charter and any person holding a position which is a part of the County Executive's local counterpart to the Governor's cabinet or Executive Council unless any such person is separately required to file a financial disclosure statement with the State;
(d) Members of the Planning Commission; and
(e) Members and alternate member of the Board of Zoning Appeals.
(2) Except as provided in paragraph (B) of this section, an elected official or a candidate to be an elected official shall file the financial disclosure statement required under this section:
(a) On a form provided by the Commission;
(b) Under oath or affirmation; and
(c) With the Commission.
(3) Deadlines for filing statements.
(a) An incumbent elected official shall file a financial disclosure statement annually no later than April 30 of each year for the preceding calendar year.
(b) An individual who is appointed to fill an elected official vacancy and who has not already filed a financial disclosure statement shall file a statement for the preceding calendar year within 30 days after appointment.
(c) (i) An elected official who, other than by reason of death, leaves office shall file a statement within 60 days after leaving office.
(ii) The statement shall cover:
a. The calendar year immediately preceding the year in which the elected official left office, unless a statement covering that year has already been filed and
b. The portion of the current calendar year during which the person held the office.
(B) Candidates to be an elected official.
(1) Except for an elected 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 subparagraph (B)(2)(a) of this paragraph with the Frederick County Board of Elections with the certificate of candidacy or with the Commission prior to filing the certificate of candidacy; and
(b) Shall file the statements required under subparagraphs (B)(2)(b) and (c) of this paragraph with the Commission.
(4) If a statement that a candidate is required to file under this section is overdue and not filed within 8 days after written notice of the failure to file is provided by the Frederick County Board of Elections, the candidate is deemed to have withdrawn the candidacy.
(5) The Frederick County Board of Elections may not accept any certificate of candidacy unless a statement has been filed in proper form.
(6) Within 30 days of the receipt of a statement required under this section, the Frederick County Board of Elections shall forward the statement to the Commission or the office designated by the Commission.
(C) Public record.
(1) The Commission or office designated by the Commission shall maintain all financial disclosure statements filed under this section.
(2) Financial disclosure statements shall be made 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 or the office designated by 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 official or employee whose financial disclosure statement was examined or copied, the Commission or the office designated by 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.
(5) For statements filed after January 1, 2019, the Commission or the office designated by the Commission may not provide public access to an individual's home address that the individual has designated as the individual's home address.
(6) The Commission or office designated by the Commission shall not provide public access to information related to consideration received from:
(a) The University of Maryland Medical System;
(b) A governmental entity of the State or a local government in the State; or
(c) A quasi-governmental entity of the State or local government in the State.
(D) Retention requirements. The Commission or the office designated by the Commission shall retain financial disclosure statements for four years from the date of receipt.
(E) An individual who is required to disclose the name of a business under this section shall disclose any other names that the business is trading as or doing business as.
(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 wherever located.
(b) For each interest in real property, the schedule shall include:
(i) The nature of the property and the location by street address, mailing address, or legal description of the property;
(ii) The nature and extent of the interest held, including any conditions and encumbrances on the interest;
(iii) The date when, the manner in which, and the identity of the person from whom the interest was acquired;
(iv) 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;
(v) 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
(vi) 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 County.
(b) For each interest reported under this paragraph, the schedule shall include:
(i) The name and address of the principal office of the corporation, partnership, limited liability partnership, or limited liability corporation;
(ii) The nature and amount of the interest held, including any conditions and encumbrances on the interest;
(iii) 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
(iv) 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 subparagraph (F)(2)(b)(ii) of this paragraph by reporting, instead of a dollar amount:
(i) 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
(ii) For an equity interest in a partnership, the percentage of equity interest held.
(3) Interests in business entities doing business with the County.
(a) A statement filed under this section shall include a schedule of all interests in any business entity that does business with the County, other than interests reported under paragraph (2) of this subparagraph.
(b) For each interest reported under this subparagraph, the schedule shall include:
(i) The name and address of the principal office of the business entity;
(ii) The nature and amount of the interest held, including any conditions to and encumbrances in the interest;
(iii) 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
(iv) 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.
(a) A statement filed under this section shall include a schedule of each gift 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 who does business with or is regulated by the County or from an association, or any entity acting on behalf of an association that is engaged only in representing counties or municipal corporations.
(b) For each gift reported, the schedule shall include:
(i) A description of the nature and value of the gift and
(ii) The identity of the person 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 County.
(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 County.
(b) For each position reported under this paragraph, the schedule shall include:
(i) The name and address of the principal office of the business entity;
(ii) The title and nature of the office, directorship, or salaried employment held and the date it commenced; and
(iii) The name of each County division or agency with which the entity is involved as indicated by identifying one or more of the three categories of "doing business" as defined in § 1-7.1-3 of this chapter.
(6) Indebtedness to entities doing business with or regulated by the official's or employee's department or agency.
(a) A statement filed under this section shall include a schedule of all liabilities, excluding retail credit accounts, to persons doing business with or regulated by the official's or employee's department or agency owed at any time during the reporting period:
(i) By the individual or
(ii) By a member of the immediate family of the individual if the individual was involved in the transaction giving rise to the liability.
(b) For each liability reported under this paragraph, the schedule shall include:
(i) The identity of the person to whom the liability was owed and the date the liability was incurred;
(ii) The amount of the liability owed as of the end of the reporting period;
(iii) 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
(iv) The security given, if any, for the liability.
(7) Employment with the county. A statement filed under this section shall include a schedule of the immediate family members of the individual employed by the County 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 child's employment or business ownership need not be disclosed if the County does not regulate, exercise authority over, or contract with the place of employment or business entity of the child.
(c) For a statement filed on or after January 1, 2019, if the individual's spouse is a lobbyist regulated by the County, the individual shall disclose the entity that has engaged the spouse for lobbying purposes.
(9) Relationship with University of Maryland Medical System, state or local government, or quasi-governmental entity.
(a) An individual shall disclose the information specified in General Provisions Article § 5-607(j)(1), Annotated Code of Maryland, for any financial or contractual relationship with:
(i) The University of Maryland Medical System;
(ii) A governmental entity of the State or a local government in the State; or
(iii) A quasi-governmental entity of the State or local government in the State.
(b) For each financial or contractual relationship reported, the schedule shall include:
(i) A description of the relationship;
(ii) The subject matter of the relationship; and
(iii) The consideration.
(10) 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 subparagraphs (F) (1), (2), and (3) of this section, 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, at any time during the applicable period, by:
(a) A business entity in which the individual held a 10% or greater interest;
(b) A business entity described in section (a) of this subsection in which the business entity held a 25% or greater interest;
(c) A business entity described in section (b) of this subsection in which the business entity held a 50% or greater interest; and
(d) A business entity in which the individual directly or indirectly, through an interest in one or a combination of other business entities, holds a 10% or greater interest.
(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.
(H) (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 Commission may take appropriate enforcement action to ensure compliance with this section.
(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. 18-14, 6-5-2018; Bill No. 22-14, 9-6-2022)