§ 2.08.051. Financial disclosure for employees and appointed officials.

A.

This section applies to the following employees and appointed officials:

1.

The City Manager, City Attorney, all department directors and deputies, and all members of the exempt service, and

2.

Members of the Board of Commissioners of the Housing Authority of the City of Annapolis (HACA), the Executive Director of HACA and the Deputy Director(s) of HACA, and

3.

Inspectors and investigators who enforce City Codes, City Procurement Officers and their purchasing staff, and members of the following quasi-judicial boards and commissions: the Board of Appeals, the Civil Service Board, the Building Board of Appeals, the Historic Preservation Commission, the Planning Commission, the Board of Supervisors of Elections, the Ethics Commission, Port Wardens, and the Police and Fire Retirement Plan Commission, and

4.

All other City officials, employees, contract employees or temporary employees over pay grade 15, F15 (Fire Department), and P15 (Police Department), or who have authority to award or recommend the award of contracts or grants, or who provide advice or counsel to the City on matters pertaining to public policy or acquisition, and

5.

Members and employees of the quasi-judicial Alcoholic Beverage Control Board are exempt from this section but shall file financial disclosure statements with the State Ethics Commission in accordance with Maryland Public Ethics Law.

B.

Financial disclosure statements filed under this section shall be filed with the Commission under oath or affirmation.

C.

Employees and appointed officials included in paragraph A. above shall file a financial disclosure statement annually no later than January 31 of each year for the preceding calendar year. For new employees and appointed officials included in paragraph A. that have not already filed a financial disclosure statement, such employees and appointed officials shall file a financial disclosure statement no later than fifteen days after commencing employment or service pursuant to their appointment or within fifteen days of the enactment of this ordinance.

D.

The City Attorney's office shall:

1.

Maintain all disclosure statements filed under this section as public records available for public inspection and copying as provided in Section 2.08.050 E. of this chapter.

2.

Retain financial disclosure statements filed under this section as provided in Section 2.08.050 F. of this chapter.

E.

Contents of statement.

1.

Interests in real property.

a.

A statement filed under this section shall include a schedule of all interests in real property located in the State of Maryland.

b.

For each interest in real property, the schedule shall include:

(1)

The nature of the property and the location by street address and a description of the property;

(2)

The nature and extent of the interest held, including any conditions and encumbrances on the interest;

(3)

The date when, the manner in which, and the identity of the person from whom the interest was acquired;

(4)

The identity of any other person with an interest in the property.

2.

Interests in corporations and partnerships.

a.

A statement filed under this section shall include a schedule of all interests in any corporation, partnership, limited liability partnership, or limited liability corporation, regardless of whether the corporation or partnership does business with the City. Interests in mutual funds are not reportable.

b.

For each interest reported under this paragraph, the schedule shall include the name of the corporation, partnership, limited liability partnership, or limited liability corporation.

3.

Gifts.

a.

A statement filed under this section shall include a schedule of each gift in excess of twenty dollars in value or a series of gifts totaling one hundred dollars or more received during the reporting period from or on behalf of, directly or indirectly, any one person who does business with the City.

b.

For each gift reported, the schedule shall include:

(1)

A description of the nature and value of the gift; and

(2)

The identity of the person from whom, or on behalf of whom, directly or indirectly, the gift was received.

4.

Employment with or interests in entities doing business with the City.

a.

(1)

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 City; and

(2)

For a statement filed on or after January 1, 2019, if the individual's spouse is a regulated lobbyist, shall include a schedule of all entities that engaged the spouse for lobbying purposes.

b.

For each position reported under this paragraph, the schedule shall include:

(1)

The name and address of the principal office of the business entity;

(2)

The title and nature of the office, directorship, or salaried employment held and the date it commenced; and

(3)

The name of each City agency with which the entity is involved as indicated by identifying one or more of the three categories of "doing business", as defined in Section 2.08.020 A.4. of this chapter.

5.

Indebtedness to entities doing business with City.

a.

A statement filed under this section shall include a schedule of all liabilities, excluding retail credit accounts, to persons doing business with the City owed at any time during the reporting period:

(1)

By the individual; or

(2)

By a member of the immediate family of the individual if the individual was involved in the transaction giving rise to the liability.

b.

For each liability reported under this paragraph, the schedule shall include:

(1)

The identity of the person to whom the liability was owed and the date the liability was incurred;

(2)

The amount of the liability owed as of the end of the reporting period;

(3)

The terms of payment of the liability and the extent to which the principal amount of the liability was increased or reduced during the year; and

(4)

The security given, if any, for the liability.

6.

Employment with City. A statement filed under this section shall include a schedule of the immediate family members of the individual employed by the City in any capacity at any time during the reporting period.

7.

Sources of earned income.

a.

(1)

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; and

(2)

For a statement filed on or after January 1, 2019, if the individual's spouse is a regulated lobbyist, shall include a schedule of all entities that engaged the spouse for lobbying purposes.

b.

A minor child's employment or business ownership need not be disclosed if the agency that employs the individual does not regulate, exercise authority over, or contract with the place of employment or business entity of the minor child.

8.

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.

F.

For the purposes Section 2.08.051 E.1. and 2. 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 by a business entity in which the individual held a thirty percent or greater interest at any time during the reporting period.

3.

An interest held by a trust or an estate in which, at any time during the reporting period:

a.

The individual held a reversionary interest or was a beneficiary; or

b.

If a revocable trust, the individual was a settlor.

G.

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.

H.

The Commission may take appropriate enforcement action to ensure compliance with this section.

(Ord. No. O-23-14, § I, 7-28-2014; Ord. No. O-41-12 Amended, § I, 6-10-2013, eff. 1-1-2014; Ord. No. O-1-18, 2-26-2018; Ord. No. O-37-18, § I, 11-19-2018)