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: President Young
At the request of: Ethics Board
A BILL ENTITLED
AN ORDINANCE concerning
title
Public Ethics Law - Gifts to Elected Officials
FOR the purpose of expanding certain provisions to prohibit elected officials from soliciting or accepting certain gifts from any person who does or seeks to do business with the City, engages or seeks to engage in an activity regulated or controlled by the City, or is or recently has been a lobbyist; 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) 6-26 and 6-27
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
§ 6-26. Solicitation prohibited.
(a) [In general] PUBLIC SERVANTS GENERALLY.
Except as permitted under subsection [(b)] (C) of this section, a public servant may not solicit or facilitate the solicitation of a gift, whether on the public servant's own behalf or on behalf of another person, from any person that the public servant knows or has reason to know:
(1) does or seeks to do business of any kind, regardless of amount:
(i) with the public servant's agency; or
(ii) with another person in connection with or in furtherance of a contract that is being negotiated or has been entered into by the other person with the public servant's agency;
(2) engages OR SEEKS TO ENGAGE in an activity that is regulated or controlled by the public servant's agency;
(3) is OR, WITHIN THE PRECEDING 12 MONTHS, HAS BEEN a lobbyist with respect to matters within the jurisdiction of the public servant;
(4) has a financial interest that might be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of the public servant's official duties; or
(5) is an owner, partner, officer, director, trustee, employee, or agent of any person described in items (1) through (4) of this subsection.
(B) ELECTED OFFICIALS.
EXCEPT AS PERMITTED UNDER SUBSECTION (C) OF THIS SECTION, AN ELECTED OFFICIAL MAY NOT SOLICIT OR FACILITATE THE SOLICITATION OF A GIFT, WHETHER ON THE ELECTED OFFICIAL'S OWN BEHALF OR ON BEHALF OF ANOTHER PERSON, FROM ANY PERSON THAT THE ELECTED OFFICIAL KNOWS OR HAS REASON TO KNOW:
(4) does or seeks to do business of any kind, regardless of amount:
(i) with the City or any agency of the City; or
(ii) with another person in connection with or in furtherance of a contract that is being negotiated or has been entered into by the other person with the City or an agency of the City;
(5) engages or seeks to engage in an activity that is regulated or controlled by the City or an agency of the City;
(6) is or, within the preceding 12 months, has been engaged in an activity that requires registration under Subtitle 8 {"Lobbying"} of this article;
(4) has a financial interest that might be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of the elected official's official duties; or
(5) is an owner, partner, officer, director, trustee, employee, or agent of any person described in items (1) through (4) of this subsection.
(C) [(b)] Exception.
The [prohibition] PROHIBITIONS in [subsection] SUBSECTIONS (a) AND (B) of this section [does] DO not apply to a solicitation if:
(1) it is for the benefit of an official governmental program or activity or a City-endorsed charitable function or activity; and
(2) it either:
(i) is expressly allowed by a rule or regulation of the Ethics Board; or
(ii) otherwise has been approved in advance by the Ethics Board, on the written request of the public servant and his or her agency.
§ 6-27. Acceptance prohibited.
(A) PUBLIC SERVANTS GENERALLY.
Except as otherwise provided in this Part IV, a public servant may not knowingly accept any gift, directly or indirectly, from any person that the public servant knows or has reason to know:
(1) does or seeks to do business of any kind, regardless of amount:
(i) with the public servant's agency; or
(ii) with another person in connection with or in furtherance of a contract that is being negotiated or has been entered into by the other person with the public servant's agency;
(2) engages OR SEEKS TO ENGAGE in an activity that is regulated or controlled by the public servant's agency;
(3) is OR, WITHIN THE PRECEDING 12 MONTHS, HAS BEEN a lobbyist with respect to matters within the jurisdiction of the public servant;
(4) has a financial interest that might be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of the public servant's official duties; or
(5) is an owner, partner, officer, director, trustee, employee, or agent of any person described in items (1) through (4) of this subsection.
(B) ELECTED OFFICIALS.
EXCEPT AS OTHERWISE PROVIDED IN THIS PART IV, AN ELECTED OFFICIAL MAY NOT SOLICIT OR FACILITATE THE SOLICITATION OF A GIFT, WHETHER ON THE ELECTED OFFICIAL'S OWN BEHALF OR ON BEHALF OF ANOTHER PERSON, FROM ANY PERSON THAT THE ELECTED OFFICIAL KNOWS OR HAS REASON TO KNOW:
(4) does or seeks to do business of any kind, regardless of amount:
(i) with the City or any agency of the City; or
(ii) with another person in connection with or in furtherance of a contract that is being negotiated or has been entered into by the other person with the City or an agency of the City;
(5) engages or seeks to engage in an activity that is regulated or controlled by the City or an agency of the City;
(6) is or, within the preceding 12 months, has been engaged in an activity that requires registration under Subtitle 8 {"Lobbying"} of this article;
(4) has a financial interest that might be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of the elected official's official duties; or
(5) is an owner, partner, officer, director, trustee, employee, or agent of any person described in items (1) through (4) of this subsection.
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 the later of (i) the date this Ordinance is enacted, and (ii) the date on which this Ordinance is approved by the State Ethics Commission.
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