(a) Each public employee required to file a public financial disclosure statement under Section 19A-17 must file a financial disclosure statement in the system established by the Chief Administrative Officer under subsection (h):
(1) by April 15 of each year if that person was a filer at the end of the previous calendar year, covering the year just ended or;
(2) within 15 days after a public employee begins employment in a position covered by Section 19A-17, covering the prior year and the current year up to the date of filing;
(3) before an employee leaves a position covered by Section 19A-17, unless the employee has taken another position covered by Section 19A-17. The Director of Finance must not issue an employee’s final paycheck until the employee has filed a statement required by this paragraph. Any statement filed under this paragraph must cover the period since the employee’s last filed statement;
(4) before the Council confirms the appointment of any person nominated by the County Executive to hold any office listed in subsection 19A-17(b), covering the prior year and the current year up to the date of filing. Any person required to file a report under this paragraph need not file a report under paragraph (2) unless 90 days has passed since the filing of the report under this paragraph; and
(5) as part of the application for a Council-appointed office listed in subsection 19A-17(b), covering the prior year and the current year up to the date of filing. Any person required to file a report under this paragraph need not file a report under paragraph (2) unless 90 days has passed since the filing of the report under this paragraph.
(b) Each candidate for an office listed in subsection 19A-17(a) must file with the County Board of Elections a financial disclosure statement covering the year prior to the date of filing the candidate’s certificate of candidacy. The statement must be filed with the certificate of candidacy or certificate of nomination. The County Board of Elections must not accept a certificate of candidacy or certificate of nomination unless a financial disclosure statement in proper form has been filed. A statement filed for the prior year under subsection (a) that is available for inspection under subsection (f) satisfies the requirements of this subsection.
(c) If at the end of a calendar year in which a candidacy is pending and no election has occurred, the candidate must file a financial disclosure statement with the County Board of Elections covering the year just ended. The statement must be filed on or before the last day to withdraw a candidacy. A statement filed under subsection (a) on or before the last day to withdraw a candidacy covering the year just ended that is available for inspection under subsection (f) satisfies the requirements of the subsection. The County Board of Elections must notify each candidate of this obligation to file the financial disclosure statement at least 20 days before the last day to withdraw a candidacy. If a statement required under this subsection is overdue and not filed within 8 days after the candidate receives written notice from the County Board of Elections of the failure to file, the candidate is deemed to have withdrawn the candidacy.
(d) The County Board of Elections must not accept a certificate of candidacy or certificate of nomination unless the candidate has filed a financial disclosure statement in proper form.
(e) (1) (A) Any person, other than a candidate for elective office, who is required to file under Section 19A-17, must file a financial disclosure statement in an electronic system set up to receive and administer financial disclosure reports. The filer must certify that each statement was made to the best of the filer’s knowledge and belief.
(B) The Chief Administrative Officer must review each statement for filers in the Executive Branch, and the Council Administrator must review each statement for each filer in the Legislative Branch, to see if the answers are complete.
(C) For departments and offices in the Executive Branch, the Chief Administrative Officer may designate the head of a department or office to review a statement. For offices of the Legislative Branch, the Council Administrator may designate the head of an office to review a statement. A director of a County department or office or the Chief Administrative Officer or the Council Administrator, as appropriate, may designate the deputy director of the department or the chief of a division to review a statement. Each designation must be reported to the Chief Administrative Officer or the Council Administrator, as appropriate, and to the Commission. The reviewer may seek the advice of public employees familiar with the filer’s official responsibilities, including the filer’s supervisor, in evaluating the report under subparagraph (B).
(2) Each reviewer must certify within 30 days that the statement has been completed.
(f) The Commission must make available each statement filed under this Article for examination and copying during normal office hours. The Commission must redact a public employee’s home addresses from a statement that is made available for examination or copying. The Commission may charge reasonable fees and adopt procedures to examine and copy statements.
(g) The Commission must make available the electronic form for filing annual financial disclosure statements by the first business day of each calendar year.
(h) The Chief Administrative Officer must establish and maintain an electronic system to facilitate filing of and public access to financial disclosure statements required under this Article. Any electronic system must report an accurate list of each public employee required to file a statement under Section 19A-17, whether the employee is required to file under subsections 19A-17(a), (b), or (c), and include the employee’s position, necessary contact information, the reviewer, and whether the report is an initial, annual, or final report. This list should be current and correspond to personnel records and records of memberships in boards, committees and commissions. Any electronic system must be able to generate reports upon request of the Chief Administrative Officer, the Council Administrator, or the Commission detailing who is required to file and the current state of compliance by public employees with financial disclosure filing and review requirements under this Article. The Ethics Commission must, upon request, provide the list of employees designated to file financial disclosure reports to the Council. The Commission must make all necessary accommodations for any person who does not have access to the electronic system.
(i) A person must not use any financial disclosure statement required under this Chapter for commercial purposes.
(j) The Commission must retain each financial disclosure statement filed under this Article for 4 years. For each filer filing under subsection 19A-17(a), the retention period must be at least 6 years. (1990 L.M.C., ch. 21, § 1; 1994 L.M.C., ch. 25, § 1; 1997 L.M.C., ch. 37, § 1; 2010 L.M.C., ch. 5, § 1; 2015 L.M.C., ch. 38, § 1; 2018 L.M.C., ch. 7, §1; 2021 L.M.C., ch. 4, § 1; 2022 L.M.C., ch. 33, § 1.)
Editor's note— Section 19A-18 is cited in Seipp v. Baltimore City Board of Elections, 377 Md. 362, 833 A.2d 551 (2003).