Chapter 12

ETHICS, CODE OF

[HISTORY: Adopted by the Mayor and Council of the Town of Chestertown 10-10-1983 as Ord. No. 5-83. Amendments noted where applicable.]

GENERAL REFERENCES

Related Charter provisions -- See Charter.

Administration -- See Ch. 4.

Planning Commission -- See Ch. 25.

Recreation Commission -- See Ch. 30.

Historic area zoning -- See Ch. 93.

Zoning -- See Ch. 170.

~ 12-1. Ethics Commission established; membership, terms and responsibilities.

There shall be a Town of Chestertown Ethics Commission, which shall be composed of three (3) members appointed by the Mayor and confirmed by the Council. The members shall be appointed for terms of three (3) years, except that in making the initial appointments, some shall be staggered for less than three (3) years in order that as these initial terms expire all appointments shall be for three (3) years and shall not expire at the same time. The Commission shall be advised by the Town Attorney and shall have the following responsibilities:

A. To devise, receive and maintain all forms generated by this chapter.

B. To provide published advisory opinions to persons subject to this chapter as to the applicability of the provisions of this chapter to them.

C. To process and make determinations as to complaints filed by any person alleging violations of this chapter.

D. To conduct a public information program regarding the purposes and application of this chapter.

~ 12-2. Applicability of provisions; enumeration of acts representing conflicts of interest.

The provisions of this section apply to all elected officials, appointed commission and board members and employees of the Town of Chestertown. Town officials and employees who are subject to this section shall not:

A. Participate on behalf of the town in any matter which would, to their knowledge, have a direct financial impact, as distinguished from the public generally, on them, their spouses or dependent children or business entities with which they are affiliated.

B. Hold or acquire an interest of either five hundred dollars ($500.) or five percent (5%) or greater in a business entity that has or is negotiating a contract of three thousand dollars ($3,000.) or more with the town, except as exempted by the Commission where the interest is disclosed pursuant to ~ 12-4 of this chapter.

C. Be employed by a business entity that has or is negotiating a contract of more than one thousand dollars ($1,000.) with the town, except as exempted by the Commission pursuant to ~ 12-4 of this chapter.

D. Hold any outside employment relationships that would impair their impartiality or independence of judgment.

E. Represent any party for a contingent fee before any town body.

F. Within one (1) year following termination of town service, act as a compensated representative of another in connection with any specific matter in which they participated substantially as town officials or employees.

G. Solicit any gift or accept gifts of greater than fifty dollars ($50.) in value from any person that has or is negotiating a contract with the town or is regulated by their agencies, except when these gifts would not present a conflict of interest as determined by the Commission. For purposes of this section, a "gift" includes the transfer of anything of economic value, regardless of form, without adequate and lawful consideration.

H. Use the prestige of their offices for their own benefit or that of another.

I. Use confidential information acquired in their official positions for their own benefit or that of another.

~ 12-3. Financial disclosure.

A. The provisions of this section shall only be applicable to the following:

(1) The Mayor and Council.

(2) The Town Manager.

(3) The Housing Administrator.

(4) The Recreation Commission Chairman.

(5) The Planning Commission Chairman.

(6) The Historic District Commission Chairman.

(7) The members of the Board of Appeals.

B. The town officials and employees listed in Subsection A of this section shall file annually, not later than January 31 of each calendar year during which they hold office, a statement with the Commission disclosing any gifts greater than fifty dollars ($50.) which were received during the preceding calendar year from any person having a contract with the town or any person regulated by any agency of the town. The statement shall identify the donor of the gift and its approximate retail value at the time of receipt.

C. Candidates for the elective offices listed in Subsection A of this section shall file a statement consistent with the requirements of Subsection B of this section at the time that they file a certificate of candidacy.

D. All town officials and employees or candidates for elective office to positions subject to this section shall file a statement with the Commission disclosing any interest or employment, the holding of which would require disqualification from participation pursuant to ~ 12-2 of this chapter, sufficiently in advance of any anticipated action in order to allow adequate disclosure to the public.

E. Disclosure statements filed pursuant to this section shall be maintained by the Commission as public records available for public inspection and copying.

~ 12-4. Exemptions and modifications.

The Commission may grant exemptions and modifications to the provisions of ~~ 12-2 and 12-3 of this chapter if it determines that the application of those provisions would:

A. Constitute an unreasonable invasion of privacy.

B. Significantly reduce the availability of qualified persons for public service.

C. Not be required to preserve the purposes of this chapter.

~ 12-5. Enforcement procedures; violations and penalties.

A. The Commission may issue a cease-and-desist order or other appropriate orders against any person found to be in violation of such orders in the Circuit Court for Kent County.

B. A town official or employee found to have violated this chapter may be subject to disciplinary or other appropriate personnel action, including discharge, removal from office or suspension without remuneration, provided that any such action shall be taken in accordance with the Town Charter.

C. A violation of this chapter shall be a misdemeanor subject to a fine of up to two hundred fifty dollars ($250.).