ord-14-2025_-_ethics_ordinance-exhibit_a.pdf

Exactly as extracted, unformatted — for checking against the original. The readable version is easier to read.

EXHIBIT A
1. Add a new Section 54-2 Statement of Purpose and Policy to read as follows:
54-2 Statement of Purpose and Policy.
A. The Town Council of Centreville, 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 Town
Council of Centreville’s business is subject to improper influence and even the
appearance of improper influence.
C. For the purpose of guarding against improper influence, the Town Council of
Centreville enacts this Public Ethics Ordinance to require the Town of Centreville
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 Town Council of Centreville that this chapter, except its
provisions for criminal sanctions, be liberally construed to accomplish this purpose.
2. Amend Section 54-3 (formerly 54-2) Definitions to amend and add the following
Definitions. All other definitions not specifically listed shall remain unchanged.
54-2 54-3 Definitions
COMPENSATION.
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.
For the purposes of § 54-7 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.
DESIGNATED SECOND HOME.
A. If an individual owns one second home, the individual’s second home; or
B. If an individual owns more than one second home, any one second home the individual
identifies to the Commission as the individual’s designated second home.
DOING BUSINESS WITH.
A. Having or negotiating a contract that involves the commitment, either in a single or
combination of transactions, of $5,000 or more of Town-controlled funds;
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EXHIBIT A
B. Being regulated by or otherwise subject to the authority of the Town; or
C. Being registered as a lobbyist under § 54-7 8 of this chapter.
HOME ADDRESS. The address of an individual’s principal home and designated second
home, if any.
INTEREST.
1. 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 § 54-67 of this chapter, "interest" includes any interest held at any time
during the reporting period.
3. "Interest" does not include:
1. 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;
2. An interest in a time or demand deposit in a financial institution;
3. 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;
4. 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;
or
5. A college savings plan under the Internal Revenue Code.; or
6. A mutual fund or exchange-traded fund that is publicly traded on a national
scale unless the mutual fund or exchange-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.
PRINCIPAL HOME. The sole residential property that an individual occupies as the
individual’s primary residence, whether owned or rented by the individual.
QUASI-GOVERNMENTAL ENTITY. An entity that is created by State statute, that performs
a public function, and that is supported in whole or in part by the State but is managed
privately.
SECOND HOME. A residential property that an individual occupies for some portion of the
filing year and is not a rental property or a time share.
3. Amend Section 54-4 (formerly 54-3) Ethics Commission to read as follows:
54-34 Ethics Commission
A. Establishment, membership; terms.
1. There is a Town of Centreville Ethics Commission that consists of three members
appointed by the Town Council of Centreville. All members of the Ethics
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EXHIBIT A
Commission must be municipal residents living within the corporate limits of the
Town for a minimum of 180 days prior to their appointment. If a member of the
Ethics Commission ceases to be a municipal resident living within the corporate
limits of the Town of Centreville, they shall be considered to have resigned.
2. The Commission members shall serve three-year overlapping terms that shall
expire on the second Thursday following the election for member(s) of the Town
Council. In 2011, one member's term shall expire in 2012, one member's term
shall expire in 2013, and one member's term shall expire in 2014. Any
Commission members appointed pursuant to law prior to the adoption of this
chapter shall continue to serve as Commission members until the Town Council
appoints Commission members in accordance with this section.
3. A Commission member may serve until a successor is appointed and qualifies.
B. Chair.
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. Attorney.
1. The Town Council shall provide sufficient funds for an attorney to assist the
Commission in carrying out the Commission's duties.
2. If a conflict of interest under § 54-56 of this chapter or other conflict prohibits the
Commission's attorney from assisting the Commission in a matter, the Town
Council 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 its attorney or other legal
counsel, if appropriate, all complaints filed regarding alleged violations of this chapter by
any person.
F. The Town Clerk 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 Town of Centreville is in compliance with the requirements of
General Provisions Article, Title 5, Subtitle 8, Annotated Code of Maryland, for elected
local officials.
I. G. The Commission shall:
1. Determine if changes to this chapter are required to be in compliance with the
requirements of State Government Article General Provisions Article, Title 15
5, Subtitle 8, Annotated Code of Maryland; and
2. Forward any recommended changes and amendments to the Town Council for
enactment.
J. H. Advisory opinions.
1. Any person subject to this chapter may request an advisory opinion from the
Commission concerning the application of this chapter.
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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 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. I. Complaints.
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 its 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 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 § 54-910 of this chapter.
8. After a complaint is filed and until a final finding of a violation by the
Commission, all actions regarding a complaint are confidential. 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 the Town of Centreville 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. J. The Commission may:
1. Assess a late fee of $2 5 per day up to a maximum of $250 500 for a failure to
timely file a financial disclosure statement required under § 54-5 6 or 54-6 7 of
this chapter; and
2. Assess a late fee of $10 per day up to a maximum of $250 1,000 for a failure to
file a timely lobbyist registration of lobbyist report required under § 54-7 8 of this
chapter.
N. K. The Commission shall:
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EXHIBIT A
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.
O. L.The Commission shall certify to the State Ethics Commission, on or before October 1
of each year, that the Town is in compliance with the requirements of State Government
Article General Provisions Article, Title 15, Subtitle 8, Annotated Code of Maryland, for
elected local officials.
4. Amend Section 54-5 (formerly 54-4) Conflicts of Interest to read as follows:
54-4 5 Conflicts Of Interest
A. In this section, "qualified relative" means a spouse, parent, child, or sibling.
B. All Town of Centreville elected officials, officials appointed to Town of Centreville
boards and commissions, and employees subject to this chapter are subject to this
section.
C. Participation prohibitions. Except as permitted by Commission regulation or opinion, an
official or employee may not participate in:
A. 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,
except in the exercise of an administrative or ministerial duty that does not affect
the disposition or decision of the matter.
B. Except in the exercise of an administrative or ministerial duty that does not affect
the disposition or decision with respect to the matter, any matter in which any of
the following is a party:
1. A business entity in which the official or employee has a direct financial
interest of which the official or employee may reasonably be expected to
know;
2. A business entity for which the official, employee, or a qualified relative
of the official or employee is an officer, director, trustee, partner, or
employee;
3. A business entity with which the official or employee, or, to the
knowledge of the official or employee, a qualified relative is negotiating
employment or has any arrangement concerning prospective employment;
4. 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 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;
5. An entity, doing business with the Town of Centreville, in which a direct
financial interest is owned by another entity in which the official or
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EXHIBIT A
employee has a direct financial interest, if the official or employee may be
reasonably expected to know of both direct financial interests; or
6. A business entity that 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, 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.
C. A person who is disqualified from participating under Subsection C(1) or (2) of
this section shall disclose the nature and circumstances of the conflict and may
participate or act if the disqualification leaves a body with less than a quorum
capable of acting, the disqualified official or employee is required by law to act,
or the disqualified official or employee is the only person authorized to act.
D. The prohibitions of Subsection C(1) or (2) of this section do not apply if
participation is allowed by regulation or opinion of the Commission.
5. 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.
A. 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:
1. Be employed by or have a financial interest in any entity subject to the
authority of the official or employee or a Town of Centreville agency,
board, or commission with which the official or employee is affiliated or
an entity that is negotiating or has entered a contract with the agency,
board, or commission with which the official or employee is affiliated; or
2. That is negotiating or has entered a contract with the agency, board, or
commission with which the official or employee is affiliated; or
3. Hold any other employment relationship that would impair the impartiality
or independence of judgment of the official or employee.
B. This prohibition does not apply to:
1. 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;
2. 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;
3. An official or employee whose duties are ministerial, if the private
employment or financial interest does not create a conflict of interest or
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the appearance of a conflict of interest, as permitted and in accordance
with regulations adopted by the Commission; or
4. 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.
A. A former official or employee may not assist or represent any party other than the
Town of Centreville for compensation in a case, contract, or other specific matter
involving the Town of Centreville if that matter is one in which the former official
or employee significantly participated as an official or employee.
B. Until the conclusion of the next regular session that begins after the For one
calendar year after the elected official leaves office, a former member of the
Town Council may not assist or represent another party for compensation in a
matter that is the subject of legislative action.
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 Town of Centreville.
G. Use of prestige of office. An official or employee may not intentionally use the prestige
of office or public position for the private gain of that official or employee or the private
gain of another. This subsection does not prohibit the performance of usual and
customary constituent services by an elected local official without additional
compensation. or 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.
1. An official may not directly or indirectly initiate solicitation for a person to
retain the compensated services of a particular regulated lobbyist or lobbying
firm.
a. This subsection does not prohibit the performance of usual and
customary constituent services by an elected local official without added
compensation.
b. 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.
c. 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.
A. An official or employee may not solicit any gift.
B. 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.
C. 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:
1. Is doing business with or seeking to do business with the Town of
Centreville office, agency, board or commission with which the official or
employee is affiliated;
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EXHIBIT A
2. 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;
3. Is engaged in an activity regulated or controlled by the official's or
employee's governmental unit; or
4. Is a lobbyist with respect to matters within the jurisdiction of the official
or employee.
e. Is an association, or any entity acting on behalf of an association that is
engaged only in representing counties or municipal corporations.
D. Notwithstanding Subsection H(3) of this section, an official or employee may
accept the following:
1. Meals and beverages consumed in the presence of the donor or sponsoring
entity;
2. Ceremonial gifts or awards that have insignificant monetary value;
3. Unsolicited gifts of nominal value that do not exceed $20 in cost or trivial
items of informational value;
4. Reasonable expenses for food, travel, lodging, and scheduled
entertainment of the official or the employee at a meeting which are given
in return for the participation of the official or employee in a panel or
speaking engagement at the meeting;
5. 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;
6. 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 Town and that the gift is purely personal and private
in nature;
7. 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
8. 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.
E. Subsection H(4) does not apply to a gift:
1. That would tend to impair the impartiality and the independence of
judgment of the official or employee receiving the gift;
2. Of significant value that would give the appearance of impairing the
impartiality and independence of judgment of the official or employee; or
3. 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.
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 official's or
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EXHIBIT A
employee'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.
K. J. Participation in procurement.
1. An individual or a person that employs an individual who assists a Town of
Centreville agency in the drafting of specifications, an invitation for bids, or a
request for proposals for a procurement may not submit a bid or proposal for that
procurement or assist or represent another person, directly or indirectly, who is
submitting a bid or proposal for the procurement.
2. The Commission may establish exemptions from the requirements of this
section for providing descriptive literature, sole-source procurements, and
written comments solicited by the procuring agency.
5. Amend Section 54-6 (formerly 54-5) Financial Disclosure: Local Elected Officials And
Candidates To Be Local Elected Officials to read as follows:
54-56 Financial Disclosure: Local Elected Officials And Candidates To Be Local Elected
Officials
A. This section shall apply to all local elected officials and candidates to be local elected
officials.
B. Except as provided in Subsection D 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 on a form provided by the Commission, under oath or affirmation, and with
the Commission.
C. Deadlines for filing statements.
1. 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.
2. 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.
3. 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.
The statement shall cover 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 the portion of the current calendar year during
which the individual held the office.
D. Candidates to be local elected officials.
1. Except 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: in the year the certificate of candidacy is filed, with the Town of
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EXHIBIT A
Centreville Clerk or Board of Supervisors of Elections Election Supervisors
with the certificate of candidacy or with the Commission prior to filing the
certificate of candidacy and no later than the filing of the certificate of candidacy;
in the year of the election, with the Commission on or before 4:00 p.m. by the
filing deadline for elections; and in all other years that a statement is required,
with the Commission on or before April 30.
3. A candidate to be an elected official shall file the statement required §54-6.D.1
and 2 of this chapter with the Town Clerk or Board of Supervisors of Elections
with the certificate of candidacy or with the Commission prior to filing the
certificate of candidacy.
4. 3. 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 Town Clerk or
Board of Supervisors of Elections, the candidate is deemed to have withdrawn
the candidacy.
If a candidate fails to file a statement required by this section after written
notice is provided by the Town of Centreville Clerk or Board of Election
Supervisors, the candidate is deemed to have withdrawn the candidacy.
5. 3. The Town of Centreville Clerk or Board of Supervisors of Elections Election
Supervisors may not accept any certificate of candidacy unless a statement has
been filed in proper form.
6. 3. Within 30 days of the receipt of a statement required under this section, the Town
of Centreville Clerk or Board of Supervisors of Elections Election Supervisors
shall forward the statement to the Commission or the 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. 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 the name
and home address of the individual reviewing or copying the statement and 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: The
University of Maryland Medical System; a governmental entity of the State or a
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EXHIBIT A
local government in the State; or 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. G. Contents of statement.
1. Interests in real property. A statement filed under this section shall include a
schedule of all interests in real property, wherever located, and 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. 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 Town of Centreville; and for
each interest reported under this subsection, 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. An individual may satisfy the requirement
to report the amount of the interest held by reporting, instead of a dollar
amount: 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 for an equity interest in a partnership, the
percentage of equity interest held.
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.
d. With respect to any interest acquired during the reporting period, the date
when, the manner in which, and the identity of the person from whom the
interest was acquired, and the nature and the amount of the consideration
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EXHIBIT A
given in exchange for the interest or, if acquired other than by purchase,
the fair market value of the interest at the time acquired.
3. Interests in business entities doing business with the Town of Centreville. A
statement filed under this section shall include a schedule of all interests in any
business entity that does business with the Town of Centreville, other than
interests reported under Subsection G(2) of this section; and for each interest
reported under this subsection, 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 in 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, the date
when, the manner in which, and the identity of the person from whom the
interest was acquired, and the nature and the amount of the consideration
given in exchange for the interest or, if acquired other than by purchase,
the fair market value of the interest at the time acquired.
4. Gifts. A statement filed under this section shall include a schedule of each gift in
excess of $20 in value or series of gifts totaling $100 or more received during the
reporting period from or on behalf of, directly or indirectly, any one person who
does business with or is regulated by the Town of Centreville, or from an
association, or any entity acting on behalf of an association that is engaged in
representing municipal corporations; and for each gift reported, the schedule
shall include a description of the nature and value of the gift and the identity of
the person from whom, or on behalf of whom, directly or indirectly, the gift was
received.
5. Employment with or interests in entities doing business with the Town of
Centreville. 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 Town of Centreville; and for each
position reported under this subsection, 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 Town of Centreville agency with which the entity is
involved.
6. Indebtedness to entities doing business with the Town of Centreville. 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
Town of Centreville department owed at any time during the reporting period by
the individual or by a member of the immediate family of the individual if the
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individual was involved in the transaction giving rise to the liability; and for each
liability reported under this subsection, 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 Town of Centreville in any
capacity at any time during the reporting period.
8. Sources of earned income. 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. 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.
9. 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. For a statement filed on or after January 1, 2019, if the individual’s
spouse is a lobbyist regulated by the Town of Centreville, the individual shall
disclose the entity that has engaged the spouse for lobbying purposes.
10. Relationship with University of Maryland Medical System, State or Local
Government, or Quasi-Governmental Entity. 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.
11. For each financial or contractual relationship reported pursuant to paragraph
10 above, the schedule shall include a description of the relationship, the
subject matter of the relationship, and the consideration.
12. 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.
13. 10. For the purposes of Subsection G H (1), (2) and (3) of this section, the
following interests are considered to be the interests of the individual making the
statement:
a. 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.
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EXHIBIT A
b. An interest held by a business entity in which the individual held a thirty-
ten percent or greater interest at any time during the reporting period.
c. A business entity described in (a) of this subsection in which the
business entity held a twenty-five percent or greater interest;
d. A business entity described in (b) of this subsection in which the
business entity held a fifty percent or greater interest; and
e. A business entity in which the individual directly or indirectly, through
an interest in one or a combination of other business entities, holds a ten
percent or greater interest.
f. c. An interest held by a trust or an estate in which, at any time during the
reporting period, the individual held a reversionary interest or was a
beneficiary or, if a revocable trust, the individual was a settlor.
I. H. 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. In addition, the Commission
may take appropriate enforcement action to ensure compliance with this section.
6. Amend Section 54-7 (formerly 54-6) Financial Disclosure: Employees and Appointed
Officials to read as follows:
54-6 7 Financial Disclosure: Employees and Appointed Officials Members Of All Boards
And Commissions.
A. This section only applies to employees and members of Town of Centreville boards
and commissions to the following appointed officials and employees:
1. All members of the: Centreville Planning Commission, Centreville Board of
Zoning Appeals, Centreville Ethics Commission, Centreville Board of
Supervisors of Elections, Centreville Park Advisory Board, Centreville
Economic Development Authority, and Centreville Personnel Review Board.
2. The following employees: Town Manager, Chief of Police, Finance Officer,
Director of Public Works, Human Resources Manager, Town Clerk, Zoning
Administrator, Finance Specialist, Administrative Assistant, Operations
Manager, Water/Wastewater Superintendent, Utility Worker, Program Manager,
Main Street Manager, Code Enforcement Officer, Lieutenant, Sergeant,
Corporal, Officer First Class, and Officer.
B. A statement filed under this section shall be filed with the Commission under oath or
affirmation.
C. On or before April 30 of each year during which an official or employee holds office, an
official or employee shall file a statement disclosing gifts received during the preceding
calendar year from any person that contracts with or is regulated by the Town of
Centreville, 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.
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EXHIBIT A
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. An individual shall disclose the information specified in the General Provisions Article
§5-607(j)(1), Annotated Code of Maryland, for any financial or contractual
relationship with the University of Maryland Medical System, State or Local
Government, or Quasi-Governmental Entity. For each financial or contractual
relationship reported, the schedule shall include a description of the relationship, the
subject matter of the relationship, and the consideration.
G. 5. The Commission shall maintain all disclosure statements filed under this section as
public records available for public inspection and copying as provided in § 54-4 5 of this
chapter.
7. Section 54-7 Lobbying shall be renumbered to 54-8
8. Amend Section 54-9 (formerly 54-8) Exemptions And Modifications to read as follows:
54-8 9 Exemptions And Modifications
The Commission may grant exemptions and modifications to the provisions of §§ 54-4 5 and 54-
6 7 of this chapter as they relate to employees and to members of Town of Centreville 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 constitute an
unreasonable invasion of privacy and significantly reduce the availability of qualified persons for
public service.
9. Amend Section 54-10 (formerly 54-9) Enforcement to read as follows:
54-9 10 Enforcement
1. The Commission may issue a cease-and-desist order against any person found to be
in violation of this chapter and may seek enforcement of this order in the Circuit
Court of Queen Anne's County.
2. A Town official or employee found to have violated this chapter may be subject to
disciplinary or other appropriate personnel action, including suspension of Town
salary or other compensation.
3. Violation of § 54-3, 54-4 or 54-5 of this chapter shall be a misdemeanor, subject to a
fine of up to $1,000 or imprisonment of up to six months, or both.
A. The Commission may:
1. Assess a fee of $5 per day up to a maximum of $500 for a failure to timely file a
financial disclosure statement required under §§ 54-4 and 54-5 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 §54-6 of this
chapter; and
3. Issue a cease and desist order against any person found to be in violation of this
chapter.
B. Upon a finding of a violation of any provision of this chapter, the Commission may:
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EXHIBIT A
1. Issue an order of compliance directing the respondent to cease and desist from
the violation;
2. Issue a reprimand; or
3. Recommend to the appropriate authority other appropriate discipline of the
respondent, including censure or removal if that discipline is authorized by law.
C. If the Commission finds that a respondent has violated §54-8 of this chapter, the
Commission may:
1. 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
§54-8 of this chapter;
2. Impose a fine not exceeding $5,000 for each violation; and
3. Suspend the registration of an individual registered lobbyist if the Commission
finds that the lobbyist has knowingly and willfully violated §54-8 of this chapter
or has been convicted of a criminal offense arising from lobbying activities.
D. Upon request by the Commission, the Town of Centreville Attorney may file a petition
for injunctive or other relief in the Circuit Court of Queen Anne’s County, or in any
other court having proper venue for the purpose of requiring compliance with the
provisions of this chapter.
1. The Court may:
a. Issue an order to cease and desist from the violation;
b. Except as provided in subparagraph 2 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 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.
2. 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.
E. In addition to any other enforcement provisions in this chapter, a person who the
Commission or a court finds has violated this chapter is subject to termination or
other disciplinary action and 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.
F. A Town of Centreville 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.
G. Violation of §54-8 of this chapter shall be a misdemeanor subject to a fine up to
$10,000 or imprisonment of up to one year.
H. A finding of a violation of this chapter by the Commission is public information.
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