Baltimore City Council
File #: 15-0498    Version: 0 Name: Public Ethics Law - Prohibited Gifts - Duplicative Exemptions
Type: Ordinance Status: Enacted
File created: 3/23/2015 In control: City Council
On agenda: Final action: 6/11/2015
Enactment #: 15-372
Title: Public Ethics Law - Prohibited Gifts - Duplicative Exemptions FOR the purpose of consolidating certain overlapping and redundant exemptions for gifts related to the payment of expenses for a speaking engagement or for participation on a panel; correcting, clarifying, and conforming related provisions; providing for a special effective date; and generally relating to ethics in the public sector.
Sponsors: City Council President (Administration)
Indexes: Exemptions, Gifts, Law, Prohibited, Public Ethics
Attachments: 1. 15-0498~1st Reader, 2. Ethics 15-0498, 3. City Solicitor 15-0498, 4. 15-0498~3rd Reader
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:  The Administration (Ethics Board; Office of the Inspector General)                  
 
      A BILL ENTITLED
 
AN ORDINANCE concerning
title
Public Ethics Law - Prohibited Gifts - Duplicative Exemptions
FOR the purpose of consolidating certain overlapping and redundant exemptions for gifts related to the payment of expenses for a speaking engagement or for participation on a panel; correcting, clarifying, and conforming related provisions; providing for a special effective date; and generally relating to ethics in the public sector.
body
 
BY repealing and reordaining, with amendments
  Article 8 - Ethics
  Section(s) 6-28(3), (5), and (6)
  Baltimore City Code
   (Edition 2000)
 
BY repealing
  Article 8 - Ethics
  Section(s) 6-28(7) and 6-30
  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 6.  Conflicts of Interest
 
� 6-28.  Qualified exemptions.
 
Subject to ��{�Exemption limitations�} of this subtitle, the prohibitions in ��27 {�Acceptance prohibited�} of this subtitle do not apply to the unsolicited receipt of:
     . . .
     
(3) in return for a speaking engagement or participation on a panel at a meeting, reasonable expenses, ACTUALLY INCURRED AND VERIFIABLE, for food, travel, lodging, CHILD OR DEPENDANT CARE, and scheduled entertainment of the public servant, but only if:
 
(i)      the expenses are associated with the meeting; and
 
(ii)      to the extent the expenses are anticipated to exceed $500, the public servant has notified the Ethics Board before attending the meeting;
     . . .
(5) a specific gift or class of gifts that the Ethics Board exempts on a written finding that acceptance of the gift or class of gifts would not be detrimental to the impartial conduct of City business; OR
 
(6) gifts from a spouse, parent, child, or sibling[; or].
 
     [(7) honoraria, to the extent provided in ��{�Honoraria�} of this subtitle.]
 
[� 6-30.  Honoraria.]
 
  [(a)  �Honorarium� defined.]
 
     [(1) �Honorarium� means the payment of money or anything of value for:
 
           (i) speaking to, participating in, or attending a meeting or other function; or
 
           (ii) writing an article that has been or is intended to be published.]
 
[(2) �Honorarium� does not include payment for writing a book that has been or is intended to be published.]
 
  [(b)  Permitted honoraria.]
 
[Subject to ��{�Exemption limitations�} of this subtitle, a public servant may accept an honorarium if:
 
        (1) the honorarium consists of gifts described in �� of this subtitle; or
 
(2) the honorarium is limited to reasonable expenses, actually incurred and verifiable, for:
 
              (i) the public servant�s meals, travel, and lodging; and
 
              (ii) care for a child or dependent adult.]
 
  [(c)  Prohibited honoraria.]
 
[Other than as allowed by subsection (b) of this section, a public servant may not accept an honorarium, even if not otherwise disqualified under ��{�Exemption limitations�} of this subtitle, if:
 
 
(1) the payor of the honorarium has an interest that might be affected substantially and materially, in a manner distinguishable from the public generally, by the performance or nonperformance of the public servant�s official duties; and]
 
(2) the offer of the honorarium is in any way related to the public servant�s official duties.]
 
  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 date that it is enacted.
 
 
dlr14-940(2)~intro/18Mar15
art8/Gifts - Speaker,Panels/aa:me
 
 
dlr14-940(2)~intro/18Mar15
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art8/Gifts - Speaker,Panels/aa:me