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: Councilmembers Young, Curran, Mitchell, Clarke, Harris, Branch, Kraft, Conaway, D'Adamo
A BILL ENTITLED
AN ORDINANCE concerning
Title
Ethics - Baltimore Development Corporation
FOR the purpose of placing the Baltimore Development Corporation, its directors, officers, and employees within the purview of the Baltimore City Public Ethics Law; providing for the application of the Ethics Law, including its provisions on conflicts of interest, financial disclosure, and lobbying, to those directors, officers, and employees; establishing certain transitional rules and requirements; and generally relating to ethics in the public sector.
Body
BY repealing and reordaining, with amendments
Article 8 - Ethics
Section(s) 2-2, 2-3
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, without amendments
Article 8 - Ethics
Section(s) 2-9, 2-21, 2-23, 3-20(a) and (b), 3-21, 7-6, 7-12
Baltimore City Code
(Edition 2000)
BY adding
Article 8 - Ethics
Section(s) 7-8(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
§ 2-2. "Agency".
(a) In general.
"Agency" means any department, board, commission, council, authority, committee, office, or other unit of City government.
(b) Inclusions.
"Agency" also includes:
(1) Baltimore City Parking Authority;
(2) BALTIMORE DEVELOPMENT CORPORATION;
(3) [(2)] Baltimore Police Department;
(4) [(3)] Board of Liquor License Commissioners for Baltimore City;
(5) [(4)] Enoch Pratt Free Library of Baltimore City;
(6) [(5)] Housing Authority of Baltimore City; and
(7) [(6)] any individual not embraced in a unit of City government who exercises authority comparable to that of the head of a unit of City government.
§ 2-3. "Board".
(a) In general.
"Board" means any board, commission, council, authority, committee, or other unit of City government that comprises 2 or more members, all of whom are appointed and serve on a part-time basis.
(b) Inclusions.
"Board" also includes:
(1) Board of Commissioners of the Housing Authority of Baltimore City;
(2) Board of Directors of the Baltimore City Parking Authority;
(3) BOARD OF DIRECTORS OF THE BALTIMORE DEVELOPMENT CORPORATION;
(4) [(3)] Board of Liquor License Commissioners for Baltimore City; and
(5) [(4)] Civilian Review Board of Baltimore City.
§ 2-9. "Employee".
(a) In general.
"Employee" means any employee of the City who is not an official.
(b) Inclusions.
"Employee" also includes an employee of any agency or board included within the scope of § 2-2 {"Agency"} or § 2-3 {"Board"} of this subtitle.
§ 2-21. "Official".
(a) In general.
"Official" means:
(1) an elected official;
(2) the head of any department;
(3) the head of any bureau or division within a department; and
(4) any other individual in a unit of City government who, whether acting alone or as a member of a board acting jointly with other board members:
(i) has authority comparable to that of the head of a department or the head of a bureau or division;
(ii) has decision-making authority in making City policy;
(iii) has decision-making authority in the exercise of quasi-judicial, regulatory, licensing, inspecting, or auditing functions; or
(iv) acts as a principal advisor to one who has authority of the type listed.
(b) Inclusions.
"Official" also includes the Chief Executive Officer, Chief Operating Officer, Chief Financial Officer, and Executive Director or Executive Secretary of any agency or board included within the scope of § 2-2 {"Agency"} or § 2-3 {"Board"} of this subtitle.
§ 2-23. "Public servant".
"Public servant" means any official or employee.
§ 3-20. Training courses.
(a) Board to offer.
The Ethics Board must develop and offer a training course of not less than 2 hours on the requirements of this article.
(b) Officials required to take.
(1) Except as provided in paragraph (2) of this subsection, every official must complete the training course within 6 months of his or her appointment or reappointment to office.
(2) The training requirements of this subsection do not apply to:
(i) an official who, within the 5 years preceding his or her appointment or reappointment, completed a training course provided under this section; or
(ii) an individual who is an official only as a board member.
§ 3-21. Conflicts affidavit.
(a) Officials to file.
Each official must, within 6 months of his or her appointment to office, complete and file with the Ethics Board and with that official's appointing authority, an affidavit that certifies, under penalties of perjury, that the official:
(1) has read and understands the provisions of this article governing conflicts of interest;
(2) is not then in violation of those provisions; and
(3) obligates himself or herself to comply with those provisions in all future activities.
(b) Form.
The affidavit must be in the form that the Ethics Board requires.
§ 7-6. Definitions.
(a) In general.
In this Part II, the following terms have the meanings indicated.
(b) "Non-clerical employee".
"Non-clerical employee" means any public servant who:
(1) is compensated for his or her services; and
(2) is not employed solely in a secretarial, clerical, or custodial capacity.
§ 7-8. Persons required to file - Agency officials and staff.
Except as provided in § 7-10 {"Person filing with State"} of this subtitle, the following officials and employees must file the financial disclosure statements required by this subtitle:
(4) BALTIMORE DEVELOPMENT CORPORATION.
(I) ALL MEMBERS OF THE BOARD OF DIRECTORS.
(II) ALL OFFICERS OF THE CORPORATION.
(III) ALL NON-CLERICAL EMPLOYEES OF THE CORPORATION.
§ 7-12. Persons filling vacancy.
(a) In general.
Except as provided in subsection (d) of this section, an individual who is appointed to fill a vacancy in a position for which an annual statement is required must file an entry statement with the Ethics Board.
(b) When to be filed.
The entry statement must be filed within 30 days after the appointment.
(c) Scope.
The entry statement must:
(1) be in the form and contain all of the information required for an annual statement; and
(2) cover the calendar year immediately preceding the appointment.
(d) Exceptions.
An entry statement need not be filed if:
(1) while in another position, the individual already filed an annual statement for the preceding calendar year; and
(2) the disclosure requirements of the former position were at least as extensive as those of the new position.
SECTION 2. AND BE IT FURTHER ORDAINED, That:
(a) each official of the Baltimore Development Corporation who is office on the effective date of this Ordinance must complete the training course required by Article 8, § 3-20 and file the affidavit required by Article 8, § 3-21 within 6 months of the effective date of this Ordinance; and
(b) each individual who is in a position for which an annual financial disclosure statement is required by Article 8, § 7-8(4) shall file an entry statement, in the form required by Article 8, § 7-12, within 30 days of the effective date of this Ordinance.
SECTION 3. 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 4. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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