Section
34.01 Short title
34.02 Applicability
34.03 Ethics Commission
34.04 Conflicts of interest
34.05 Financial disclosure; local elected officials and candidates to be local elected officials
34.06 Financial disclosure; employees and appointed officials
34.07 Lobbying
34.08 Exemptions and modifications
34.09 Enforcement
(A) The provisions of this chapter apply to all Garrett County elected officials, employees, and appointees to boards and commissions of Garrett County, Maryland (the "county").
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DESIGNATED SECOND HOME.
(a) If an individual owns one second home, the individual's second home; or
(b) 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.
HOME ADDRESS. The address of an individual's:
(a) Principal home; and
(b) Designated second home, if any.
PRINCIPAL HOME. The sole residential property that an individual occupies as the individual's primary residence, whether owned or rented by the individual.
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. A residential property that:
(a) An individual occupies for some portion of the filing year; and
(b) Is not a rental property or a time share.
(Res. 2012-1, passed 9-20-2011; Am. Res. 2024-14, passed 10-7-2024)
(A) There is a Garrett County Ethics Commission that consists of 3 members appointed by the county.
(B) The Commission shall:
(1) Devise, receive, and maintain all forms required by this chapter;
(2) Develop procedures and policies for advisory opinion requests and provide published advisory opinions to persons subject to this chapter regarding the applicability of the provisions of this chapter to them;
(3) Develop procedures and policies for the processing of complaints to make appropriate determinations regarding complaints filed by any person alleging violations of this chapter; and
(4) Conduct a public information program regarding the purposes and application of this chapter.
(C) The County Attorney shall advise the Commission.
(D) The Commission shall certify to the State Ethics Commission on or before October l of each year that the County is in compliance with the requirements of Md. Code, General Provisions Article, Title 5, Subt. 8 for elected local officials.
(E) The Commission shall determine if changes to this chapter are required to be in compliance with the requirements of Md. Code, General Provisions Article, Title 5, Subt. 8 and shall forward any recommended changes and amendments to the county for enactment.
(F) The Commission may adopt other policies and procedures to assist in the implementation of the Commission's programs established in this chapter.
(Res. 2012-1, passed 9-20-2011; Am. Res. 2024-14, passed 10-7-2024)
(A) In this section, "qualified relative" means a spouse, parent, child, or sibling.
(B) All county elected officials, officials appointed to county boards and commissions subject to this chapter, and employees are subject to this section.
(C) Participation prohibitions. Except as permitted by Commission regulation or opinion, an official or employee may not participate in:
(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 a qualified relative of the official or employee 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 county, 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 divisions (C)(1) or (C)(2) 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 divisions (C)(1) or (C)(2) of this section do not apply if participation is allowed by regulation or opinion of the Commission.
(4) A former regulated lobbyist who is or becomes subject to this chapter as an employee or official, other than an elected official or an appointed official, may not participate in a case, contract, or other specific matter as an employee or official, other than an elected official or appointed official, for one calendar year after the termination of the registration of the former regulated lobbyist if the former regulated lobbyist previously assisted or represented another party for compensation in the matter.
(D) 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 county agency, board, 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) This prohibition does 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 by 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.
(E) Post-employment limitations and restrictions.
(1) A former official or employee may not assist or represent any party other than the county for compensation in a case, contract, or other specific matter involving the county if that matter is one in which the former official or employee significantly participated as an official or employee.
(2) A former elected official may not assist or represent another party for compensation in a matter that is the subject of legislative action for one calendar year after the elected official leaves office.
(F) 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 county.
(G) Use of prestige of office.
(1) (a) An official or employee may not intentionally use the prestige of office or public position:
1. For the private gain of that official or employee or the private gain of another; or
2. To influence, except as part of the official duties of the official or employee or as a usual and customary constituent service without additional compensation, the award of a state or local contract to a specific person.
(b) An official may not directly or indirectly initiate a solicitation for a person to retain the compensated services of a particular regulated lobbyist or lobbying firm.
(2) This division does not prohibit the performance of usual and customary constituent services by an elected local official without additional compensation.
(3) (a) An official, other than an elected official, or employee may not use public resources or the title of the official or employee to solicit a contribution as that term is defined in the Election Law Article.
(b) An elected official may not use public resources to solicit a contribution as that term is defined in the Election Law Article.
(H) Solicitation and acceptance of gifts.
(1) An official or employee may not solicit any gift.
(2) An official or employee may not directly solicit or facilitate the solicitation of a gift, on behalf of another person, from an individual regulated lobbyist.
(3) An official or employee may not knowingly accept a gift, directly or indirectly, from a person that the official or employee knows or has the reason to know:
(a) Is doing business with or seeking to do business with the county 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;
(d) Is a lobbyist with respect to matters within the jurisdiction of the official or employee; or
(e) Is an association, or any entity acting on behalf of an association that is engaged only in representing counties or municipal corporations.
(4) Division (H)(5) of this section does not apply to a gift:
(a) That would tend to impair the impartiality and the independence of judgment of the official or employee receiving the gift;
(b) Of significant value that would give the appearance of impairing the impartiality and independence of judgment of the official or employee; or
(c) 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.
(5) Notwithstanding division (H)(3) of this section, an official or employee may accept the following:
(a) Meals and beverages consumed in the presence of the donor or sponsoring entity;
(b) Ceremonial gifts or awards that have insignificant monetary value;
(c) Unsolicited gifts of nominal value that do not exceed $20 in cost or trivial items of informational value;
(d) 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;
(e) Gifts of tickets or free admission extended to an elected local 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;
(f) 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 county and that the gift is purely personal and private in nature;
(g) 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
(h) Honoraria for speaking to or participating in a meeting, provided that the offering of the honorarium is not related in any way to the official's or employee's official position.
(I) Disclosure of confidential information. Other than in the discharge of official duties, an official or employee or former official or employee may not disclose or use confidential information, that the official or employee acquired by reason of the individual's public position or former public position official's and that is not available to the public, for the economic benefit of the official or employee or that of another person.
(J) An official or employee may not retaliate against an individual for reporting or participating in an investigation of a potential violation of the local ethics law or ordinance.
(Res. 2012-1, passed 9-20-2011; Am. Res. 2024-14, passed 10-7-2024)
(A) (1) This section applies to all local elected officials and candidates to be local elected officials.
(2) Except as provided in division (B) of this section, a local elected official or a candidate to be a local 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 local 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 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.
(c) 1. 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.
2. 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.
(B) Candidates to be local 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 local 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 local 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 division (B)(2)(a) of this section with the County Administrator 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 divisions (B)(2)(b) and (B)(2)(c) of this section with the Commission.
(4) If a statement required to be filed by a candidate is overdue and not filed within 8 days after written notice of the failure to file is provided by the County Administrator or Board of Election Supervisor, the candidate is deemed to have withdrawn the candidacy.
(5) The County Administrator or Board of Election Supervisors 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 County Administrator or Board of Election Supervisors 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:
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 county.
(b) For each interest reported under this division, 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 division (F)(2)(b)4.b. 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 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 division (F)(2) of this section.
(b) For each interest reported under this division, 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.
(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 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:
1. A description of the nature and value of the gift; and
2. 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 division, 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 county agency with which the entity is involved.
(6) Indebtedness to entities doing business with or regulated by the individual's county unit or department.
(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 individual's county unit or department owed at any time during the reporting period:
1. By the individual; or
2. 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 division, 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.
(7) 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 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.
(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 Md. Code, General Provisions Article, § 5-607(j)(1) for any financial or contractual relationship with:
1. The University of Maryland Medical System;
2. A governmental entity of the state or a local government in the state; or
3. 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:
1. A description of the relationship;
2. The subject matter of the relationship; and
3. 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 divisions (F)(1), (F)(2), and (F)(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 division (G)(2)(a) of this section in which the business entity held a 25% or greater interest;
(c) A business entity described in division (G)(2)(b) of this section in which the business entity held a 50% or greater interest; and
(d) A business entity in which the individual directly or indirectly, though 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 County Ethics Commission may take appropriate enforcement action to ensure compliance with this section.
(Res. 2012-1, passed 9-20-2011; Am. Res. 2024-14, passed 10-7-2024)
(A) This section only applies to the following appointed officials and employees:
(1) County Commissioners;
(2) County Administrator;
(3) County Attorney;
(4) County Health Officer Directors/Division Chiefs/Managers of;
(5) Department of Emergency Services;
(6) Department of Financial Services:
(a) Purchasing Division Chief;
(7) Department of Human Resources;
(8) Department of Community Development:
(a) Airport Division Chief;
(b) Business Development Manager;
(c) Planning Assistant Director.
(9) Department of Public Works:
(a) Capital Projects Division Chief;
(b) Engineering Division Chief;
(c) Facilities & Maintenance Division Chief;
(d) Roads Division Chief;
(e) Utilities Division Chief;
(f) Solid Waste & Recycling Division Chief.
(10) Department of Technology & Communications;
(11) Ruth Enlow Library of Garrett County.
(B) A statement filed under this section shall be filed with the Commission under oath or affirmation.
(C) On or before April 30 of each year during which an official or employee holds office, an official or employee shall file a statement disclosing gifts received during the preceding calendar year from any person that contracts with or is regulated by the county, including the name of the business entity in which the individual directly or indirectly, though an interest in one or a combination of other business entities, holds a 10% or greater interest. The donor of the gift and the approximate retail value at the time or receipt.
(D) An official or employee shall disclose employment and interests that raise conflicts of interest or potential conflicts of interest in connection with a specific proposed action by the employee or official sufficiently in advance of the action to provide adequate disclosure to the public.
(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) Relationship with University of Maryland Medical System, state or local government, or quasi-governmental entity.
(1) An individual shall disclose the information specified in Md. Code, General Provisions Article, § 5-607(j)(1) for any financial or contractual relationship with:
(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.
(2) For each financial or contractual relationship reported, the schedule shall include:
(a) A description of the relationship;
(b) The subject matter of the relationship; and
(c) The consideration.
(Res. 2012-1, passed 9-20-2011; Am. Res. 2024-14, passed 10-7-2024)
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