Ordinance Series 2011
Ordinance No. 11-11
An
Ordinance to Amend
Title 2
Of the Code of Emmitsburg
Entitled
Administration and Personnel
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Be It Enacted and Ordained by the
Board of Commissioners of the Town of Emmitsburg,
Maryland that Chapters 2.32.010-040 of the Emmitsburg
Municipal Code be, and they hereby are, amended as follows:
The amended section of this
regulation reads as follows with new language designated
by being in BOLD CAPITAL LETTERS, and language
being deleted designated by being stricken
through.
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Chapter 2.32.010 - Applicability.
Except as otherwise provided in Section 2.32.040, the
provisions of this chapter apply to the following
officials and employees of the town: the president,
mayor, treasurer, members of the board of commissioners,
employees of the town, members of the planning and
zoning commission, and members of the board of appeals.
(Ord.07-05 § 1 (part):Ord. dated 2/22/82 § 1)
Chapter 2.32.020 - Ethics Commission.
There shall be an Emmitsburg ethics commission which
shall be composed of three members appointed by the
mayor with the advice and consent of the board of
commissioners. MEMBERS SHALL BE APPOINTED FOR A
PERIOD OF FIVE (5) YEARS. MEMBERS OF THE COMMISSION
SHALL SERVE WITHOUT COMPENSATION. THE COMMISSION SHALL
ORGANIZE ANNUALLY IN THE MONTH OF FEBRUARY AND ELECT A
CHAIRPERSON, VICE-CHAIRPERSON AND SECRETARY. THE
CHAIRPERSON OR, IN HIS OR HER ABSENCE, THE
VICE-CHAIRPERSON OR SECRETARY, SHALL PRESIDE AT ALL
MEETINGS AND HEARINGS OF THE COMMISSION. THE PRESIDING
OFFICER SHALL DECIDE ON ALL POINTS OF ORDER AND
PROCEDURE. THE COMMISSION MAY BE ADVISED BY A TOWN
ATTORNEY (OR OTHER ATTORNEY HIRED BY THE TOWN TO
SPECIFICALLY ADVISE THE ETHICS COMMISSION) AND SHALL
HAVE THE FOLLOWING RESPONSIBILITIES: The
commission shall be advised by the town attorney and
shall have the following responsibilities:
A. To perform, receive and maintain all forms
required by this chapter;
B. To provide written 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 public information programs regarding the
purposes and application of this chapter.
(Ord. dated 2/22/82 § 2)
2.32.030 - Conflicts of Interest.
Persons holding positions described in Section
2.32.010 shall not:
A. Participate on behalf of the town in any matter which
would to their knowledge have a direct financial impact
on them, their spouse or dependent child or any business
entity with which they are affiliated;
B. Hold or acquire an interest or either five thousand
dollars ($5,000.00) or ten percent or greater in a
business entity that has or is negotiating a contract of
five thousand dollars ($5,000.00) or more with the town
or which is regulated by their agency;
C. Be employed by a business entity that has or is
negotiating a contract of more than five thousand
dollars ($5,000.00) with the town or which is regulated
by their agency;
D. Hold any outside employment relationship that would
impair their impartiality or independence of judgment;
E. Represent any party, for a contingent fee, before any
town body;
F. Within one year following termination of town
employment or service, act as a compensated
representative of another in connection with any
specific matter in which he/she participated
substantially as a town official or employee;
G. No employee of the town will be permitted to seek an
elected office within the town government while employed
by the town;
H. Solicit any gift or accept gifts of greater than
twenty-five dollars ($25.00) in value from any person
that has or is negotiating a contract with the town or
is regulated by their agency;
I. No elected official of the town will be permitted to
be employed as an employee of the town;
J. Use the prestige of their office or position for
their own benefit or that of another;
K. Use confidential information acquired in their
official town position for their own benefit or that of
another.
(Ord. dated 2/22/82 § 3)
PERSONS HOLDING POSITIONS DESCRIBED IN SECTION
2.32.010 SHALL FILE A STATEMENT WITH THE ETHICS
COMMISSION DISCLOSING ANY INTEREST OR EMPLOYMENT, THE
HOLDING OF WHICH WOULD REQUIRE DISQUALIFICATION FROM
PARTICIPATION PURSUANT TO THIS SECTION. SUCH STATEMENT
SHALL BE FILED PROMPTLY AFTER ANY CIRCUMSTANCE REQUIRING
DISQUALIFICATION HAS ARISEN.
2.32.040 - Financial Disclosure.
A. In this section, "official"
includes:
1. All elected officials of the town;
2. Candidates for election to the office of mayor or to
the board of commissioners;
3. Treasurer of the town TOWN CLERK;
4. Members of the planning and zoning commission;
5. Members of the board of appeals;
6. Town manager;
7. Planning and zoning coordinator
TOWN PLANNER; and
8. Any employee of the town, having decision making
authority, as designated by the mayor.
All officials shall file annually, not later than
January 31st of each calendar year during which they
hold such position, a statement with the ethics
commission disclosing any gifts received during the
preceding calendar year from any person having a
contract with the town or any person regulated by their
agency. The statement shall identify the donor of the
gift and its approximate retail value at the time of
receipt.
B. Such officials shall file a statement with
the ethics commission disclosing any interest or
employment the holding of which would require
disqualification from participation pursuant to Section
2.32.040(A). Such statement shall be filed promptly
after any circumstance requiring disqualification under
Section 2.32.040(A) has arisen.
(Ord. 07-05 § 1 (part): Ord. dated 2/22/82 § 4)
Be it Further Resolved, Enacted and Ordained
that this Ordinance shall take effect on the date on
which the Mayor approves the Ordinance after passing by
the Board of Commissioners or on the date on which the
Board of Commissioners pass the Ordinance over the veto
of the Mayor.
Passed this 2nd day of May, 2011 by a vote of
5 for, 0 against, 0 absent, and 0 abstain.
ATTEST:
By: /s/ Donna DesPres, Town Clerk
Board of Commissioners
By: /s/ Christopher Staiger, President
Approved this 2nd day May, 2011
By: /s/ James Hoover, Mayor
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