Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 04 - LOCAL GOVERNMENT ETHICS LAW › Appendix B - Model Ethics Law B

Current through Register Vol. 51, No. 14, July 12, 2024
CHAPTER ____ - ETHICS PROVISIONS
Section 1. Short title.
This chapter may be cited as the * County, City or Town* Public
				Ethics *Law or Ordinance.*
Section 2. Applicability and Definitions.
(a) The provisions of this chapter apply to all *County, City
				or Town* elected officials, employees, and appointees to boards and commissions
				of *County, City or Town*.
(b) "Designated second home" means:
(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.
(c) "Home address" means the address of an individual's:
(1) Principal home; and
(2) Designated second home, if any.
(d) "Principal home" means the sole residential property that
				an individual occupies as the individual's primary residence, whether owned or
				rented by the individual.
(e) "Quasi-governmental entity" means 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.
(f) "Second home" means a residential property that:
(1) An individual occupies for some portion of the filing year;
				and
(2) Is not a rental property or a time share.
Section 3. Ethics Commission.
(a) There is a *name of County, City or Town* Ethics Commission
				that consists of ____ members appointed by the *Mayor or other chief Executive
				Officer*.
(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, City, or Town* Attorney shall advise the
				Commission.
(d) The Commission shall certify to the State Ethics Commission
				on or before October 1 of each year that the *County, City, or Town* is in
				compliance with the requirements of State Government Article, Title 15,
				Subtitle 8, Annotated Code of Maryland, for elected local officials.
(e) The Commission shall determine if changes to this chapter
				are required to be in compliance with the requirements of State Government
				Article, Title 15, Subtitle 8, Annotated Code of Maryland, and shall forward
				any recommended changes and amendments to the *County, City, or Town* Council
				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.
Section 4. Conflicts of interest.
(a) In this section, "qualified relative" means a spouse,
				parent, child, or sibling.
(b) All *County, City, or Town* elected officials, officials
				appointed to *County, City, or Town* boards and commissions subject to this
				chapter, and employees are subject to this section.
(c) Participation prohibitions.
(1) Except as permitted by Commission regulation or opinion, an
				official or employee may not participate in:
(i) 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;
(ii) 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:
(A) 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;
(B) 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;
(C) 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;
(D) 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;
(E) An entity, doing business with the *County, City, or
				Town*, 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
(F) A business entity that:
1. 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
2. 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
				paragraphs (l)(i) or (ii) of this subsection shall disclose the nature and
				circumstances of the conflict and may participate or act if:
(i) The disqualification leaves a body with less than a quorum
				capable of acting;
(ii) The disqualified official or employee is required by law
				to act; or
(iii) The disqualified official or employee is the only person
				authorized to act.
(3) The prohibitions of paragraph (l)(i) or (ii) of this
				subsection 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:
(i) Be employed by or have a financial interest in any entity:
(A) Subject to the authority of the official or employee or the
				*County, City, or Town* agency, board, commission with which the official or
				employee is affiliated; or
(B) That is negotiating or has entered a contract with the
				agency, board, or commission with which the official or employee is affiliated;
				or
(ii) 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:
(i) 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;
(ii) 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;
(iii) 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
(iv) 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, City, or Town* for compensation in a case,
				contract, or other specific matter involving the *County, City, or Town* 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, City, or Town*.
(g) Use of prestige of office.
(1) (i) An official or employee may not intentionally use the
				prestige of office or public position:
(A) For the private gain of that official or employee or the
				private gain of another; or
(B) 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.
(ii) 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 subsection does not prohibit the performance of usual
				and customary constituent services by an elected local official without
				additional compensation.
(3) (i) 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.
(ii) 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:
(ii) 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;
(iii) Is engaged in an activity regulated or controlled by the
				official's or employee's governmental unit;
(iv) Is a lobbyist with respect to matters within the
				jurisdiction of the official or employee; or
(v) Is an association, or any entity acting on behalf of an
				association that is engaged only in representing counties or municipal
				corporations.
(4) Paragraph (5) of this subsection does not apply to a
				gift:
(i) That would tend to impair the impartiality and the
				independence of judgment of the official or employee receiving the gift;
(ii) Of significant value that would give the appearance of
				impairing the impartiality and independence of judgment of the official or
				employee; or
(iii) 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 paragraph (3) of this subsection, an
				official or employee may accept the following:
(i) Meals and beverages consumed in the presence of the donor
				or sponsoring entity;
(ii) Ceremonial gifts or awards that have insignificant
				monetary value;
(iii) Unsolicited gifts of nominal value that do not exceed $20
				in cost or trivial items of informational value;
(iv) 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;
(v) 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;
(vi) 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, City, or Town* and that the
				gift is purely personal and private in nature;
(vii) 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
(viii) Honoraria for speaking to or participating in a meeting,
				provided that the offering of the honorarium is in 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 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.
Section 5. Financial disclosure - local elected officials
				and candidates to be local elected officials.
(a)
(1) This section applies to all local elected officials and
				candidates to be local elected officials.
(2) Except as provided in subsection (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:
(i) On a form provided by the Commission;
(ii) Under oath or affirmation; and
(iii) With the Commission.
(3) Deadlines for filing statements.
(i) 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.
(ii) 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.
(iii)
(A) 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.
(B) The statement shall cover:
1. 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
2. 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:
(i) In the year the certificate of candidacy is filed, no later
				than the filing of the certificate of candidacy;
(ii) In the year of the election, on or before the earlier of
				April 30 or the last day for the withdrawal of candidacy; and
(iii) In all other years for which a statement is required, on
				or before April 30.
(3) A candidate to be an elected official:
(i) May file the statement required under § 5(b)(2)(i) of this
				chapter with the *County, City, or Town* Clerk or Board of Election Supervisors
				with the certificate of candidacy or with the Commission prior to filing the
				certificate of candidacy; and
(ii) Shall file the statements required under § 5(b)(2)(ii) and
				(iii) 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, City, or Town* Clerk or Board of Election
				Supervisors, the candidate is deemed to have withdrawn the candidacy.
(5) The *County, City, or Town* Clerk 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, City, or Town* Clerk 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:
(i) The name and home address of the individual reviewing or
				copying the statement; and
(ii) 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:
(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.
(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.
(i) A statement filed under this section shall include a
				schedule of all interests in real property wherever located.
(ii) For each interest in real property, the schedule shall
				include:
(A) The nature of the property and the location by street
				address, mailing address, or legal description of the property;
(B) The nature and extent of the interest held, including any
				conditions and encumbrances on the interest;
(C) The date when, the manner in which, and the identity of the
				person from whom the interest was acquired;
(D) 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;
(E) 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
(F) The identity of any other person with an interest in the
				property.
(2) Interests in corporations and partnerships.
(i) 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, City, or
				Town*.
(ii) For each interest reported under this paragraph, the
				schedule shall include:
(A) The name and address of the principal office of the
				corporation, partnership, limited liability partnership, or limited liability
				corporation;
(B) The nature and amount of the interest held, including any
				conditions and encumbrances on the interest;
(C) 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
(D) With respect to any interest acquired during the reporting
				period:
1. The date when, the manner in which, and the identity of the
				person from whom the interest was acquired; and
2. 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.
(iii) An individual may satisfy the requirement to report the
				amount of the interest held under item (ii)(B) of this paragraph by reporting,
				instead of a dollar amount:
(A) 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
(B) For an equity interest in a partnership, the percentage of
				equity interest held.
(3) Interests in business entities doing business with *County,
				City, or Town*.
(i) A statement filed under this section shall include a
				schedule of all interests in any business entity that does business with the
				*County, City, or Town*, other than interests reported under paragraph (2) of
				this subsection.
(ii) For each interest reported under this paragraph, the
				schedule shall include:
(A) The name and address of the principal office of the
				business entity;
(B) The nature and amount of the interest held, including any
				conditions to and encumbrances on the interest;
(C) 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
(D) With respect to any interest acquired during the reporting
				period:
1. The date when, the manner in which, and the identity of the
				person from whom the interest was acquired; and
2. 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.
(i) 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,
				City, or Town*, or from an association, or any entity acting on behalf of an
				association that is engaged only in representing counties or municipal
				corporations.
(ii) For each gift reported, the schedule shall include:
(A) A description of the nature and value of the gift;
				and
(B) 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 *County, City, or Town*.
(i) 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,
				City, or Town*.
(ii) For each position reported under this paragraph, the
				schedule shall include:
(A) The name and address of the principal office of the
				business entity;
(B) The title and nature of the office, directorship, or
				salaried employment held and the date it commenced; and
(C) The name of each *County, City, or Town* agency with which
				the entity is involved.
(6) Indebtedness to entities doing business with or regulated
				by the individual's *County, City, or Town* unit or department.
(i) 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, City, or Town* unit or
				department owed at any time during the reporting period:
(A) By the individual; or
(B) By a member of the immediate family of the individual if
				the individual was involved in the transaction giving rise to the
				liability.
(ii) For each liability reported under this paragraph, the
				schedule shall include:
(A) The identity of the person to whom the liability was owed
				and the date the liability was incurred;
(B) The amount of the liability owed as of the end of the
				reporting period;
(C) 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
(D) 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, City, or Town* in any capacity at any time during the reporting
				period.
(8) Sources of earned income.
(i) 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.
(ii) 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.
(iii) For a statement filed on or after January 1, 2019, if the
				individual's spouse is a lobbyist regulated by the *County, City, Or Town *,
				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 § 5(f)(1), (2), and (3) of this
				chapter, 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 item
(i) of this subsection in which the business entity held a 25%
				or greater interest;
(c) A business entity described in item (ii) 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, 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:
(i) The individual held a reversionary interest or was a
				beneficiary; or
(ii) 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, City, or Town* Ethics Commission may take
				appropriate enforcement action to ensure compliance with this section.
Section 6. Financial disclosure - employees and
				appointed officials.
(a) This section only applies to the following appointed
				officials and employees:
(list of appointed official titles and employee titles)
(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 *County, City, or Town*, including the
				name of 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
				General Provisions Article §
								5-607(j)(1),
				Annotated Code of Maryland, 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.
(g) The Commission shall maintain all disclosure statements
				filed under this section as public records available for public inspection and
				copying as provided in § 5(c) and (d) of this chapter.
Section 7. Lobbying.
(a) A person shall file a lobbying registration statement with
				the Commission if the person:
(1) Personally appears before a *County, City, or Town*
				official or employee with the intent to influence that person in performance of
				the official duties of the official or employee; and
(2) In connection with the intent to influence, expends or
				reasonably expects to expend in a given calendar year in excess of $*---------*
				on food, entertainment, or other gifts for officials or employees of *County,
				City, or Town*.
(b) A person shall file a registration statement required under
				this section on or before the later of January 15 of the calendar year or
				within 5 days after first performing an act that requires registration in the
				calendar year.
(c)
(1) The registration statement shall identify:
(i) The registrant;
(ii) Any other person on whose behalf the registrant acts;
				and
(iii) The subject matter on which the registrant proposes to
				make appearances specified in subsection (a) of this section.
(2) The registration statement shall cover a defined
				registration period not to exceed one calendar year.
(d) Within 30 days after the end of any calendar year during
				which a person was registered under this section, the person shall file a
				report with the Commission disclosing:
(1) The value, date, and nature of any food, entertainment, or
				other gift provided to a *County, City, or Town* official or employee;
				and
(2) If a gift or series of gifts to a single official or
				employee exceeds $*_____* in value, the identity of the official or
				employee.
(e) The Commission shall maintain the registrations and reports
				filed under this section as public records available for public inspection and
				copying for four years after receipt by the Commission.
Section 8. Exemptions and modifications.
The Commission may grant exemptions and modifications to the
				provisions of §§ 4 and 6 of this chapter to employees and to appointed members
				of *name of County, City or Town* Boards and Commissions, when the Commission
				finds that an exemption or modification would not be contrary to the purposes
				of this chapter, and the application of this chapter would:
(a) Constitute an unreasonable invasion of privacy; and
(b) Significantly reduce the availability of qualified persons
				for public service.
Section 9. Enforcement.
(a) The Commission may:
(1) Assess a late fee of $ 5 per day up to a maximum of $500
				for a failure to timely file a financial disclosure statement required under §
				5 or 6 of this chapter;
(2) Assess a late fee of $10 per day up to a maximum of $1,000
				for a failure to file a timely lobbyist registration or lobbyist report
				required under § 7 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:
(i) Issue an order of compliance directing the respondent to
				cease and desist from the violation;
(ii) Issue a reprimand; or
(iii) 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 § 7
				of this chapter, the Commission may:
(i) Require a respondent who is a registered lobbyist to file
				any additional reports or information that reasonably relates to the
				information that is required under § 7 of this chapter;
(ii) Impose a fine not exceeding $5,000 for each violation;
				and
(iii) Suspend the registration of an individual registered
				lobbyist if the Commission finds that the lobbyist has knowingly and willfully
				violated § 7 of this chapter or has been convicted of a criminal offense
				arising from lobbying activities.
(c)
(1) Upon request of by the Commission, the *County, City, or
				Town* Attorney may file a petition for injunctive or other relief in the
				circuit court of _______ County, or in any other court having proper venue for
				the purpose of requiring compliance with the provisions of this chapter.
(2)
(i) The court may:
(A) Issue an order to cease and desist from the
				violation;
(B) Except as provided in subparagraph (ii) of this paragraph,
				void an official action taken by an official or employee 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; or
(C) Impose a fine of up to $5,000 for any violation of the
				provisions of this chapter, with each day upon which the violation occurs
				constituting a separate offense.
(ii) A 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 obligations.
(d) In addition to any other enforcement provisions in this
				chapter, a person who the Commission or a court finds has violated this
				chapter:
(1) Is subject to termination or other disciplinary action;
				and
(2) May be suspended from receiving payment of salary or other
				compensation pending full compliance with the terms of an order of the
				Commission or a court.
(e) A *County, City, or Town* official or employee found to
				have violated this chapter is subject to disciplinary or other appropriate
				personnel action, including removal from office, disciplinary action,
				suspension of salary, or other sanction.
(f) Violation of § 7 of this chapter shall be a misdemeanor
				subject to a fine of up to $*10,000* or imprisonment of up to one year.
(g) A finding of a violation of this chapter by the Commission
				is public information.
Authority: General Provisions Article, §§
										5-205 and
				  5-206, and Title
				  5, Subtitle 8, Annotated Code of
				  Maryland