EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: The Council President
At the request of: Baltimore City Board of Ethics
A BILL ENTITLED
AN ORDINANCE concerning
title
Public Ethics Law - Administrative Modifications
FOR the purpose of conforming exclusions from the definition of "interest" to those recently added to the State Public Ethics Law; clarifying certain other exclusions; modifying, updating, and clarifying provisions that require certain timely notices to newly appointed public servants; modifying, updating, and clarifying provisions that require agencies' assistance in preparing for and administering the annual filing of financial disclosure statements; updating and clarifying provisions that require a record of persons inspecting financial disclosure statements; and generally relating to administration of the City Ethics Code.
body
BY repealing and reordaining, with amendments
Article 8 - Ethics
Section(s) 2-19(b), 3-20(d), 3-24, 7-1.1, and 7-4
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 8. Ethics
Subtitle 2. Definitions; General Provisions
� 2-19. �Interest�.
(b) Exclusions.
�Interest� does not include:
(1) an interest held in the capacity of a personal representative, agent, custodian, fiduciary, 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 FOR some other specified period; [or]
(4) AN INTEREST IN A MUTUAL FUND THAT IS PUBLICLY TRADED ON A NATIONAL SCALE, UNLESS THE MUTUAL FUND IS COMPOSED PRIMARILY OF HOLDINGS OF STOCKS AND INTERESTS IN A SPECIFIC SECTOR OR AREA THAT IS REGULATED BY THE PUBLIC SERVANT�S AGENCY;
(5) [(4)] AN INTEREST IN [a common trust fund or] a trust that IS QUALIFIED UNDER ��401 OR � 501 OF THE INTERNAL REVENUE CODE AND forms part of a pension or a�profit-sharing plan that[: (i)] has more than 25 participants; OR
[and (ii) is determined by the Internal Revenue Service to be a qualified trust under � 401 or � 501 of the Internal Revenue Code.]
(6) AN INTEREST IN A QUALIFIED TUITION PLAN UNDER � 529 OF THE INTERNAL REVENUE CODE.
Subtitle 3. Administration
� 3-20. Training courses.
(d) Assistance.
The Department of Human Resources must provide the Ethics Board with:
(1) appropriate facilities for conducting the training course;
(2) TIMELY notice of THE APPOINTMENT OF all officials subject to the training requirements; and
(3) administrative and other assistance.
� 3-24. Notices to new appointees.
(a) IN GENERAL � Notice required.
An individual who is appointed to fill a vacancy in a position must be given written notice, in a form approved by the Ethics Board, of the requirements of:
(1) � 3-20 {�TRAINING COURSES�};
(2) � 3-21 {�CONFLICTS AFFIDAVIT�}; AND
(3) [(1)] ��7-12 {�Financial Disclosure: Appointee to vacancy�}[; and].
[(2) if applicable to the position:
(i) ��3-20 {�Training courses�}; and
(ii) ��3-21 {�Conflicts affidavit�}.]
(b) IN GENERAL � By whom given.
(1) For BOARD MEMBERS AND uncompensated appointees of the Mayor, the notice REQUIRED BY SUBSECTION (A) OF THIS SECTION must be given by the Mayor or the Mayor�s designee.
(2) For all other appointees, the notice must be given by the [Director of Human Resources] APPOINTEE�S AGENCY HEAD or the [Director�s] AGENCY HEAD�S designee.
(c) IN GENERAL � When to be given.
The notice REQUIRED BY SUBSECTION (A) OF THIS SECTION must be given within 5 days after the appointment.
(D) PRE-APPOINTMENT NOTICE FOR BOARD MEMBERS.
(1) AN INDIVIDUAL WHO IS NOMINATED TO FILL A VACANCY ON A CITY BOARD MUST ALSO�BE GIVEN WRITTEN NOTICE, IN A FORM APPROVED BY THE ETHICS BOARD, OF THE�PROVISIONS OF � 6 14 {�EXCEPTIONS � NEW BOARD MEMBERS�} OF THIS ARTICLE.�
(2) THE NOTICE REQUIRED BY PARAGRAPH (1) OF THIS SUBSECTION MUST BE GIVEN BY THE MAYOR OR THE MAYOR�S DESIGNEE AT LEAST 14 DAYS BEFORE THE APPOINTMENT IS TO BE CONFIRMED.
Subtitle 7. Financial Disclosure
� 7-1.1. [Certifications] REQUIRED AGENCY ASSISTANCE.
[(a) When made.]
[The certifications required by this section must be made on or before February 1 of each year.]
(A) [(b) Individuals] AGENCIES TO IDENTIFY THOSE required to file.
ON OR BEFORE FEBRUARY 28 OF EACH YEAR, [Each] EACH agency head must [annually certify] PROVIDE to the Ethics Board, WITH A COPY TO THE DIRECTOR OF HUMAN RESOURCES, the names AND POSITION NUMBERS of all public servants in that agency who are required to file statements with the Ethics Board under:
(1) � 7-7 { �Elected officials and staff�};
(2) � 7-8 {�Agency officials and staff�}; or
(3) � 7-9 {�Procurement, legislative liaison, and enforcement personnel�}.
(B) [(c) Procurement, legislative liaison, and enforcement positions] HR SUPPLEMENTAL LIST.
ON OR BEFORE MARCH 15 OF EACH YEAR, [The] THE Director of Human Resources must [annually certify] PROVIDE to the Ethics Board[: (1)] THE NAMES AND POSITION NUMBERS OF all PUBLIC SERVANTS WHO:
(1) HOLD positions of the types described in � 7-9 {�Procurement, legislative liaison, and enforcement personnel�} of this subtitle; and
(2) [the agencies in which those positions are found] ARE NOT IDENTIFIED ON ANY OF THE AGENCY LISTS SUBMITTED UNDER SUBSECTION (A) OF THIS SECTION.
(C) [(d)] Entities doing business with City.
[(1)] ON OR BEFORE FEBRUARY 1 OF EACH YEAR, [The] THE Finance [Director] DEPARTMENT must [annually certify to the Ethics Board] POST ON ITS WEBSITE a SEARCHABLE list of all [business entities] PERSONS [doing] THAT DID business with the City FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING THE CURRENT CALENDAR YEAR.
[(2) The Ethics Board must keep this list on file and available to all persons subject to
this subtitle.]
(D) [(e)] Registered lobbyists.
[(1) The] ON OR BEFORE FEBRUARY 1 OF EACH YEAR, THE Ethics Board must [annually certify] POST ON ITS WEBSITE a SEARCHABLE list of all lobbyists WHO HAVE registered with [it] THE BOARD FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING THE CURRENT CALENDAR YEAR.
[(2) The Ethics Board must keep this list on file and available to all persons subject to this subtitle.]
� 7-4. Record of inspections.
The Executive Director must:
(1) require each person who inspects [or copies] a statement filed under this subtitle to[: (1)] identify [himself] HIM- or herself; and
(2) record:
(i) [his or her] THE INSPECTING PERSON�S name, home address, telephone number,�and organization represented; and
(ii) the name of the person whose statement was inspected [or copied].
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
dlr`15-1222(2)~intro/17Sep15
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