§ 2.08.100. Enforcement.  


Latest version.
  • A.

    Enforcement authority of Commission.

    1.

    Upon a finding of a violation of any provision of this chapter, the Commission may:

    a.

    Issue an order of compliance directing the respondent to cease and desist from the violation;

    b.

    Issue a reprimand; or

    c.

    Recommend to the appropriate City authority:

    (I)

    Discipline of the respondent, including censure, suspension, demotion in position, or removal if that discipline is authorized by law, and/or

    (II)

    Suspension from receiving payment or salary or other compensation pending full compliance with the terms of an order of the Commission, City Council, or Court.

    2.

    After receipt of a recommendation provided for in paragraph 1.c. above, the Mayor, City Manager, Supervisor, or the Human Resources Office, as appropriate, will report to the Commission within fourteen days after any action is taken in response to the Commission's recommendations, but no later than sixty days after recommendations are issued by the Commission.

    3.

    If the Commission finds that a respondent has violated Section 2.08.070, lobbying disclosure, of this chapter, the Commission may:

    a.

    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 Section 2.08.070 of this chapter;

    b.

    Impose a fine not exceeding five thousand dollars for each violation; and

    c.

    Suspend the registration of an individual registered lobbyist if the Commission finds that the lobbyist has knowingly and willfully violated Section 2.08.070 of this chapter or has been convicted of a criminal offense arising from lobbying activities.

    B.

    Injunctive relief.

    1.

    Upon request of the Commission, the City Attorney may file a petition for injunctive or other relief in the Circuit Court of Anne Arundel County, or in any other court having proper venue for the purpose of requiring compliance with the provisions of this chapter.

    2.

    Court authority.

    a.

    The court may:

    (1)

    Issue an order to cease and desist from the violation;

    (2)

    Except as provided in subparagraph B. 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 ninety days of the occurrence of the official action, if the court deems voiding the action to be in the best interest of the public;

    (3)

    Impose a fine of up to five thousand dollars for any violation of the provisions of this chapter, with each day upon which the violation occurs constituting a separate offense.

    b.

    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.

    Maintenance of records.

    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 within fifteen days of a written request by the Commission.

(Ord. No. O-41-12 Amended, § I, 6-10-2013, eff. 1-1-2014; Ord. No. O-12-16 Amended, § I, 5-23-2016)