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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