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

Current through Register Vol. 51, No. 14, July 12, 2024
CHAPTER ____ - ETHICS PROVISIONS
Section 1. Short title.
This chapter may be cited as the *name of County, City or Town*
				Public Ethics *Law or Ordinance*.
Section 2. Statement of purpose and policy.
(a) The *County, City, or Town* of *name of County, City or
				Town*, recognizing that our system of representative government is dependent in
				part upon the people maintaining the highest trust in their public officials
				and employees, finds and declares that the people have a right to be assured
				that the impartiality and independent judgment of public officials and
				employees will be maintained.
(b) It is evident that this confidence and trust is eroded when
				the conduct of the *County, City, or Town's* business is subject to improper
				influence and even the appearance of improper influence.
(c) For the purpose of guarding against improper influence, the
				*County, City, or Town* *name of Council or other legislative body* enacts this
				Public Ethics *Law, Ordinance* to require *County, City, or Town* elected
				officials, officials, employees, and individuals appointed to boards and
				commissions to disclose their financial affairs and to set minimum standards
				for the conduct of local government business.
(d) It is the intention of the *Council or other legislative
				body* that this chapter, except its provisions for criminal sanctions, be
				liberally construed to accomplish this purpose.
Section 3. Definitions.
In this chapter, the following terms have the meanings
				indicated.
(a)
(1) "Business entity" means a corporation, general or limited
				partnership, sole proprietorship, joint venture, unincorporated association or
				firm, institution, trust, foundation, or other organization, whether or not
				operated for profit.
(2) Business entity does not include a governmental
				entity.
(b) "Commission" means the *name of County, City, or Town*
				Ethics Commission established under § 4(a) of this chapter.
(c)
(1) "Compensation" means any money or thing of value,
				regardless of form, received or to be received by any individual covered by
				this chapter from an employer for service rendered.
(2) For the purposes of § 8 of this chapter, if lobbying is
				only a portion of a person's employment, "compensation" means a prorated amount
				based on the time devoted to lobbying compared to the time devoted to other
				employment duties.
(c-1) "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.
(d) "Doing business with" means:
(1) Having or negotiating a contract that involves the
				commitment, either in a single or combination of transactions, of $5,000 or
				more of *County, City, or Town* controlled funds;
(2) Being regulated by or otherwise subject to the authority of
				*County, City, or Town*; or
(3) Being registered as a lobbyist under § 8 of this
				chapter.
(e)
(1) "Elected official" means any individual who holds an
				elective office of *County, City, or Town.*
(2) "Elected official" does not include the Sheriff, State's
				Attorney, Register of Wills, or Clerk of the Court.
(f)
(1) "Employee" means an individual who is employed by *County,
				City, or Town.*
(2) "Employee" does not include an elected local
				official.
(3) "Employee" does not include an employee of:
(i) The offices of the Sheriff, State's Attorney, Register of
				Wills, or Clerk of the Court;
(ii) The County Health Department; or
(iii) The County Department of Social Services.
(g) "Financial interest" means:
(1) Ownership of any interest as the result of which the owner
				has received, within the past 3 years, or is presently receiving, or in the
				future is entitled to receive, more than $1,000 per year; or
(2) Ownership, or the ownership of securities of any kind
				representing or convertible into ownership, of more than 3 percent of a
				business entity by a *County, City, or Town* official or employee, or the
				spouse of an official or employee.
(h)
(1) "Gift" means the transfer of anything of economic value,
				regardless of the form, without adequate and lawful consideration.
(2) "Gift" does not include a contribution as defined in
				Election Law Article, Annotated Code of Maryland.
(h-1) "Home address" means the address of an
				individual's:
(1) Principal home; and
(2) Designated second home, if any.
(i) "Immediate family" means a spouse and dependent
				children.
(j)
(1) "Interest" means a legal or equitable economic interest,
				whether or not subject to an encumbrance or a condition, that is owned or held,
				in whole or in part, jointly or severally, directly or indirectly.
(2) For purposes of § 6 of this chapter, "interest" includes
				any interest held at any time during the reporting period.
(3) "Interest" does not include:
(i) An interest held in the capacity of a personal agent,
				custodian, fiduciary, personal representative, or trustee, unless the holder
				has an equitable interest in the subject matter;
(ii) An interest in a time or demand deposit in a financial
				institution;
(iii) An interest in an insurance policy, endowment policy, or
				annuity contract under which an insurer promises to pay a fixed amount of money
				either in a lump sum or periodically for life or a specified period;
(iv) A common trust fund or a trust which forms part of a
				pension or profit sharing plan which has more than 25 participants and which
				has been determined by the Internal Revenue Service to be a qualified trust
				under the Internal Revenue Code;
(v) A college savings plan under the Internal Revenue Code;
				or
(vi) A mutual fund or exchange-traded fund that is publicly
				traded on a national scale unless the mutual fund or exchanged-traded fund is
				composed primarily of holdings of stocks and interests in a specific sector or
				area that is regulated by the individual's governmental unit.
(k) "Lobbyist" means a person required to register and report
				expenses related to lobbying under § 8 of this chapter.
(l) "Lobbying" means:
(1) Communicating in the presence of a *County, City, or Town*
				official or employee with the intent to influence any official action of that
				official or employee; or
(2) Engaging in activities with the express purpose of
				soliciting others to communicate with a *County, City, or Town* official or
				employee with the intent to influence that official or employee.
(m) "Official" means an elected official, an employee of the
				*County, City, or Town*, or a person appointed to or employed by the *County,
				City, or Town* or any *County, City, or Town* agency, board, commission, or
				similar entity:
(1) Whether or not paid in whole or in part with *County, City,
				or Town* funds; and
(2) Whether or not compensated.
(n) "Person" includes an individual or business entity.
(n-1) "Principal home" means the sole residential property that
				an individual occupies as the individual's primary residence, whether owned or
				rented by the individual.
(o) "Qualified relative" means a spouse, parent, child,
				brother, or sister.
(p) "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.
(q) "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 4. Administration.
(a)
(1) There is a *County, City or Town* Ethics Commission that
				consists of ___ members, appointed by the *Mayor or other chief executive
				officer* with the concurrence of the *Council or other legislative
				body*.
(2) The Commission members shall serve ____ year overlapping
				terms.
(3) A Commission member may serve until a successor is
				appointed and qualifies.
(b)
(1) The Commission shall elect a chairman from among its
				members.
(2) The term of the chairman is one year.
(3) The chairman may be reelected.
(c)
(1) The *County, City, or Town* Attorney shall assist the
				Commission in carrying out the Commission's duties.
(2) If a conflict of interest under § 5 of this chapter or
				other conflict prohibits the *County, City, or Town* Attorney from assisting
				the Commission in a matter, the *County, City, or Town* shall provide
				sufficient funds for the Commission to hire independent counsel for the
				duration of the conflict.
(d) The Commission is the advisory body responsible for
				interpreting this chapter and advising persons subject to this chapter
				regarding its application.
(e) The Commission shall hear and decide, with the advice of
				the *County, City, or Town* Attorney or other legal counsel if appropriate, all
				complaints filed regarding alleged violations of this chapter by any
				person.
(f) The Commission or an office designated by the Commission
				shall retain as a public record all forms submitted by any person under this
				chapter for at least four years after receipt by the Commission.
(g) The Commission shall conduct a public information and
				education program regarding the purpose and implementation of this
				chapter.
(h) 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.
(i) The Commission shall:
(1) 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
(2) Shall forward any recommended changes and amendments to the
				*County, City, or Town* Council for enactment.
(j)
(1) Any person subject to this chapter may request an advisory
				opinion from the Commission concerning the application of this chapter.
(2) The Commission shall respond promptly to a request for an
				advisory opinion and shall provide interpretations of this chapter based on the
				facts provided or reasonably available to the Commission within 60 days of the
				request.
(3) In accordance with all applicable State and *County, City,
				or Town* laws regarding public records, the Commission shall publish or
				otherwise make available to the public copies of the advisory opinions, with
				the identities of the subjects deleted.
(4) The Commission may adopt additional policies and procedures
				related to the advisory opinion request process.
(k)
(1) Any person may file a complaint with the Commission
				alleging a violation of any of the provisions of this chapter.
(2) A complaint shall be in writing and under oath.
(3) The Commission may refer a complaint to the *County, City,
				or Town* Attorney, or other legal counsel if appropriate, for investigation and
				review.
(4) The Commission may dismiss a complaint if, after receiving
				an investigative report, the Commission determines that there are insufficient
				facts upon which to base a determination of a violation.
(5) If there is a reasonable basis for believing a violation
				has occurred, the subject of the complaint shall be given an opportunity for a
				hearing conducted in accordance with the applicable *County, City, or Town*
				rules of procedure.
(6) A final determination of a violation resulting from the
				hearing shall include findings of fact and conclusions of law.
(7) Upon finding of a violation, the Commission may take any
				enforcement action provided for in § 9 of this chapter.
(8)
(i) After a complaint is filed and until a final finding of a
				violation by the Commission, all actions regarding a complaint are
				confidential.
(ii) A finding of a violation is public information.
(9) The Commission may adopt additional policies and procedures
				related to complaints, complaint hearings, the use of independent investigators
				and staff, the use of witness and document subpoenas, and cure and settlement
				agreements.
(l) The Commission may grant exemptions to or modifications of
				the conflict of interest and financial disclosure provisions of this chapter to
				officials or employees serving as members of *name of County, City or Town*
				boards and commissions, when the Commission finds that the exemption or
				modification would not be contrary to the purposes of this chapter, and the
				application of this chapter would:
(1) Constitute an unreasonable invasion of privacy; and
(2) Significantly reduce the availability of qualified persons
				for public service.
(m) 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 § 6 or
				7 of this chapter; and
(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 § 8 of this chapter.
Section 5. Prohibited conduct and
				interests.
(a) 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
				paragraph (1) 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 1 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.
(b) 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, or 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) The prohibitions of paragraph (1) of this subsection do 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 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.
(c) 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.
(d) 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*.
(e) 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 official without additional
				compensation.
(f) 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 reason to know:
(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.
(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)
(i) This paragraph 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.
(ii) Notwithstanding paragraph (3) of this subsection, 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
				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, City, or Town* 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 in no way related to the
				official's or employee's official position.
(g) 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.
(h) 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 6. Financial
				disclosure-elected officials, officials, and employees.
Section 6. Financial disclosure - elected officials,
				officials, and employees
(a) This section applies to all elected officials, all
				candidates to be elected officials, and the following *County, City, or Town*
				employees: List by Job Title
List by Job Title
(b) Except as provided in subsection (d) of this section, an
				elected official, employee, or candidate to be an elected official shall file
				the financial disclosure statement required under this subsection:
(1) On a form provided by the Commission;
(2) Under oath or affirmation; and
(3) With the Commission.
(c) Deadlines for filing statements.
(1) An incumbent official or employee shall file a financial
				disclosure statement annually no later than April 30 of each year for the
				preceding calendar year.
(2) An official or employee 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.
(3)
(i) 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.
(ii) 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.
(d) Candidates to be elected officials.
(1) Except for an official or employee 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:
(i) In the year the certificate of candidacy is filed, no later
				that 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 § 6(d)(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 § 6(d)(2)(ii) and
				(iii)of this chapter with the Commission.
(4) If a statement required 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
				required under this section 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 an office
				designated by the Commission.
(e) Public record.
(1) The Commission or office designated by the Commission shall
				maintain all financial disclosure statements filed under this section.
(2) The Commission or office designated by the Commission shall
				make financial disclosure statements 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 individual whose financial disclosure
				statement was examined or copied, the Commission or the office designated by
				the Commission shall provide the official or employee with a copy of the name
				and home address of the person who reviewed the official's or employee'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.
(f) Retention requirements. The Commission or the office
				designated by the Commission shall retain financial disclosure statements for
				four years from the date of receipt.
(g) 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.
(h) 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 as indicated by identifying one or more of the three
				categories of "doing business", as defined in § 3(d) of this chapter.
(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) Employment with *County, City, or Town*. 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.
(i) For the purposes of § 6(h)(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:
(i) A business entity in which the individual held a (10)% or
				greater interest ;
(ii) A business entity described in section
(i) of this subsection in which the business entity held a 25%
				or greater interest;
(iii) A business entity described in section
(ii) of this subsection in which the business entity held a 50%
				or greater interest; and
(iv) 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.
(j)
(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 7. Financial disclosure - appointed members of
				boards and commissions.
(a)
(1) The *County, City, or Town* appointed officials listed in
				paragraph (b) of this section shall file the statement required by § 6 of this
				chapter.
(2) The appointed officials shall be required to disclose the
				information specified in § 6(g) of this chapter only with respect to those
				interests, gifts, compensated positions, and liabilities that may create a
				conflict, as provided in § 5 of this chapter, between the member's personal
				interests and the member's official local duties.
(3) An official shall file a statement required under this
				section annually, not later than April 30 of each calendar year during which
				the official holds office.
(b) Appointed officials required to file:
(list of appointed official titles)
(c) The Commission shall maintain all disclosure statements
				filed under this section as public records available for public inspection and
				copying as provided in § 6(e) of this chapter.
Section 8. Lobbying.
(a) Except as provided in subsections (b) and (c) of this
				section, a person or entity who engages in lobbying as defined in § 3(l) shall
				file a lobbying registration with the Commission if the person or entity,
				during the calendar year:
(1) Expends, exclusive of personal travel and subsistence
				expenses, in excess of $____ in furtherance of this activity; or
(2) Is compensated in excess of $_____ in connection with this
				activity.
(b) The following activities are exempt from regulation under
				this section:
(1) Professional services in drafting bills or in advising and
				rendering opinions to clients as to the construction and effect of proposed or
				pending *Council or other legislative body* actions when these services do not
				otherwise constitute lobbying activities;
(2) Appearances before the *Council or other legislative body*
				upon its specific invitation or request if the person or entity engages in no
				further or other activities in connection with the passage or defeat of
				*Council or other legislative body* actions;
(3) Appearances before a *County, City, or Town* agency upon
				the specific invitation or request of the agency if the person or entity
				engages in no further or other activities in connection with the passage or
				defeat of any agency executive action;
(4) Appearance as part of the official duties of a duly elected
				or appointed official or employee of the State or a political subdivision of
				the State, or of the United States, and not on behalf of any other
				entity;
(5) Actions of a publisher or working member of the press,
				radio, or television in the ordinary course of the business of disseminating
				news or making editorial comment to the general public who does not engage in
				further or other lobbying that would directly and specifically benefit the
				economic, business, or professional interests of the person or entity or the
				employer of the person or entity;
(6) Appearances by an individual before the *Council or other
				legislative body* at the specific invitation or request of a registered
				lobbyist if the person performs no other lobbying act and notifies the *Council
				or other legislative body* that the person or entity is testifying at the
				request of the lobbyist;
(7) Appearances by an individual before a government agency at
				the specific invitation or request of a registered lobbyist if the person or
				entity performs no other lobbying act and notifies agency that the person or
				entity is testifying at the request of the lobbyist;
(8) The representation of a bona fide religious organization
				solely for the purpose of protecting the right of its own members to practice
				the doctrine of the organization; and
( 9) Appearance as part of the official duties of an officer,
				director, member, or employee of an association engaged exclusively in lobbying
				for counties and municipalities and not on behalf of any other entity.
(c) Limited exemption - employer of a lobbyist.
(1) A person or entity who compensates one or more lobbyists
				and who would otherwise be required to register as a lobbyist is not required
				to file a registration and submit lobbying reports if the person or entity
				reasonably believes that all expenses incurred in connection with the lobbying
				activities will be reported by a properly registered person or entity acting on
				behalf of the person or entity.
(2) A person or entity exempted under this subsection becomes
				subject to this section immediately upon failure of the lobbyist to report any
				information required under this section.
(d)
(1) The registration filed under this section shall be filed on
				or before the later of the beginning of the calendar year in which the person
				or entity expects to lobby and within five days of first engaging in lobbying
				activities in the calendar year.
(2) The registration filed under this section:
(i) Shall be dated and on a form developed by the
				Commission;
(ii) Shall include:
(A) The lobbyist's full and legal name and permanent
				address;
(B) The name, address, and nature of business of any person or
				entity on whose behalf the lobbyist acts; and
(C) The written authorization of any person or entity on whose
				behalf the lobbyist acts or an authorized officer or agent, who is not the
				lobbyist, of the person or entity on whose behalf the lobbyist acts;
(iii) A statement of whether the person or entity on whose
				behalf the lobbyist acts is exempt from registration under subsection (c) of
				this section;
(iv) The identification, by formal designation, if known, of
				matters on which the lobbyist expects to act;
(v) Identification of the period of time within a single
				calendar year during which the lobbyist is authorized to engage in these
				activities, unless terminated sooner; and
(vi) The full legal signature of the lobbyist and, when
				appropriate, the person or entity on whose behalf the lobbyist acts or an agent
				or authorized officer of the person or entity on whose behalf the lobbyist
				acts.
(e) A lobbyist shall file a separate registration for each
				person or entity that has engaged or employed the lobbyist for lobbying
				purposes.
(f) A lobbyist may terminate the lobbyist's registration by
				providing written notice to the Commission and submitting all outstanding
				reports and registrations.
(g) A person or entity may not engage in lobbying activities on
				behalf of another person or entity for compensation that is contingent upon the
				passage or defeat of any action by the *Council or other legislative body* or
				the outcome of any executive action.
(h) Activity report.
(1) A lobbyist shall file with the Commission or the office
				designated by the Commission:
(i) By July 31, one report concerning the lobbyist's lobbying
				activities covering the period beginning January 1 through June 30; and
(ii) By January 31, one report covering the period beginning
				July 1 through December 31.
(2) A lobbyist shall file a separate activity report for each
				person or entity on whose behalf the lobbyist acts.
(3) If the lobbyist is not an individual, an authorized officer
				or agent of the entity shall sign the form.
(4) The report shall include:
(i) A complete and current statement of the information
				required to be supplied with the lobbyist's registration form.
(ii) Total expenditures on lobbying activities in each of the
				following categories:
(A) Total compensation paid to the lobbyist not including
				expenses reported under items (B)-(I) of this subparagraph;
(B) Office expenses of the lobbyist;
(C) Professional and technical research and assistance not
				reported in item (i) of this subparagraph;
(D) Publications which expressly encourage persons to
				communicate with *County, City, or Town* officials or employees;
(E) Names of witnesses, and the fees and expenses paid to each
				witness;
(F) Meals and beverages for *County, City, or Town* officials
				and employees;
(G) Reasonable expenses for food, lodging, and scheduled
				entertainment of *County, City, or Town* officials or employees for a meeting
				which is given in return for participation in a panel or speaking engagement at
				the meeting;
(H) Other gifts to or for officials or employees or their
				spouses or dependent children; and
(I) Other expenses.
(i) Special gift report.
(1)
(i) With the six-month activity report required under
				subsection (h) of this section, a lobbyist shall report, except for gifts
				reported in item (h)(4)(ii)(G) of this section, gifts from the lobbyist with a
				cumulative value of $75 or more during the reporting period to an official,
				employee, or member of the immediate family of an official or employee.
(ii) The lobbyist shall report gifts under this paragraph
				regardless of whether the gift was given in connection with lobbying
				activities.
(2) The report shall include the date, beneficiary, amount or
				value, and nature of the gift.
(j) Notification to official and confidentiality.
(1) If any report filed under this section contains the name of
				an official or employee or a member of the immediate family of an official or
				employee, the Commission shall notify the official or employee within 30
				days.
(2) The Commission shall keep the report confidential for 60
				days following receipt by the Commission.
(3) Within 30 days of the notice required under paragraph (1)
				of this subsection, the official or employee may file a written exception to
				the inclusion in the report of the name of the official, employee, or member of
				the immediate family of the official or employee.
(k) The Commission may require a lobbyist to submit other
				reports the Commission determines to be necessary.
(l) The Commission or office designated by the Commission shall
				maintain all registrations and reports filed under this section.
(m)
(1) The Commission shall review the registrations and reports
				filed under this section for compliance with this section and shall notify
				persons engaging in lobbying activities of any omissions or
				deficiencies.
(2) The Commission may take appropriate enforcement action to
				ensure compliance with this section.
(n) Annual report.
(1) The Commission shall compute and make available a subtotal
				under each of the ten required categories in subparagraph (h)(4)(ii) of this
				section.
(2) The Commission shall compute and make available the total
				amount reported by all lobbyists for their lobbying activities during the
				reporting period.
(o) The Commission shall make lobbying registrations and
				reports available during normal business hours for examination and copying
				subject to reasonable fees and procedures established by the Commission.
Section 9. Enforcement.
(a)
(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 § 8
				of this chapter, the Commission may:
(i) Require a respondent who is a registered lobbyist to file
				any additional reports or information that reasonably related to the
				information that is required under § 8 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 § 8 of this chapter or has been convicted of a criminal offense
				arising from lobbying activities.
(b)
(1) Upon request of 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.
(c)
(1) Any person who knowingly and willfully violates the
				provisions of § 8 of this chapter is guilty of a misdemeanor, and upon
				conviction, is subject to a fine of not more than $1,000 or imprisonment for
				not more than 1 year, or both.
(2) If the person is a business entity and not a natural
				person, each officer and partner of the business entity who knowingly
				authorized or participated in the violation is guilty of a misdemeanor and,
				upon conviction, is subject to the same penalties as the business
				entity.
(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)
(1) A person who is subject to the provisions of this chapter
				shall obtain and preserve all accounts, bills, receipts, books, papers, and
				documents necessary to complete and substantiate a report, statement, or record
				required under this chapter for three years from the date of filing the report,
				statement, or record.
(2) These papers and documents shall be available for
				inspection upon request by the Commission or the *Council or other legislative
				body* after reasonable notice.
Section 10. Severability.
If any section, sentence, clause, or phrase of this chapter is
				held invalid or unconstitutional by any court of competent jurisdiction, the
				ruling shall not affect the validity of the remaining portions of this
				chapter.
Authority: General Provisions Article, §§
										5-205 and
				  5-206, and Title
				  5, Subtitle 8, Annotated Code of
				  Maryland