Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17

Title 2: Administration and Personnel

2.04 Board of Commissioners  
2.08 Town Manager
2.12 Town Clerk
2.16 Town Treasurer
2.20 Chief of Police and Other Police Officers
2.24 Town Officers Generally
2.28 Elections
2.32 Code of Ethics
2.50.20 Employee Salary Chart
2.80 Citizen Advisory Committee
 

Chapter 2.04:  BOARD OF COMMISSIONERS

2.04.010 Legislative procedures.

1. Every ordinance passed by the commissioners shall be recorded in an ordinance book and attested to by the town clerk. The president of the board of commissioners shall sign every ordinance immediately after the proper passage. The ordinance must then be immediately placed in the hands of the mayor for his approval or rejection, and the mayor shall approve or reject the ordinance within ten days after passage by the board of commissioners. The mayor shall endorse each ordinance as "approved" or "vetoed" and date his action. If an ordinance is passed by the commissioners over the veto of the mayor, the town clerk shall so certify and indicate the date of such action. The effective date of each ordinance shall be either that date on which the mayor approves the ordinance or the date on which the ordinance is passed by the commissioners over the veto of the mayor. 
    

2. Every ordinance passed shall amend, repeal or re-enact, or change a chapter or chapters of this Code or enact a new chapter or chapters, section or sections and make proper reference to this Code.
    

3. Where is no particular form in which any ordinance need be passed other than that mentioned in this chapter. When an existing ordinance is changed by a new ordinance, such amendment or revision may be accomplished by referring to the chapter and section and the sentences or words therein to be changed. No one ordinance, whether it be accomplishing passage of a new ordinance or revision of an old ordinance, shall deal with more than one chapter of this Code at a time; but such ordinance may deal with more than one section or subsection at a time within the same chapter. 
    

4. Each commissioner, the mayor, the town attorney and town administrator shall be supplied with an up-to-date Charter and Code of the town and supplied a copy of each ordinance, resolution, Charter Amendment, or order which has been passed, for the purpose of keeping the copy of the Charter and Code of Emmitsburg up-to-date. In addition, the town clerk will keep an up-to-date Charter and Code of the town. Each copy of these ordinances, resolutions, Charter and amendments or order shall be signed by the necessary town officers, the same as if it were for the town ordinance book. Each commissioner, the mayor, the town attorney, and the town clerk shall, upon leaving office, transfer his or her up-to-date copy of the Charter and Code of the town to his or her successor. 
    

5. Every ordinance shall be published either by a copy thereof being inserted in some newspaper published in the town or by setting up or posting copies at the town offices and not less than one other public place in the town, as selected by the mayor. Such publication shall be made for a period of not less than ten days within two weeks after the effective date of the ordinance. The town clerk shall certify as to the publication thereof in the ordinance book at the conclusion of the publication period. (Ord. 99-11, 1999: prior code Art. II, § 1)

2.04.020 Organization of commissioners.

1. It shall be the duty of the commissioners at their first meeting following the annual election in each year to elect one commissioner as president of the board to serve for one year and until his successor is duly elected and qualified.
       

2. The commissioners shall meet on the first and Third Monday of every month, or as scheduled and/or amended. at the hour of seven-thirty p.m. at the town office. If a holiday falls on the first Monday the meeting will be the following Tuesday, if a holiday falls on the third Monday the meeting will be on the following Wednesday.  Upon the sixth missed meeting in any one-year period (from July 1 through June 30) by the mayor and/or any commissioner that individual will forfeit fifty dollars ($50.00) of their annual salary.  The commissioner will also forfeit additional fifty dollars ($50.00) for each additional meeting missed during that same one year period. (Ord. 05-02 § 1: Ord.  04-15:Prior code Art. II, § 2) (Ord. No. 09-04, 3-2-09)

2.04.030 President of commissioners—Duties and powers.

The president of the commissioners shall preside at all meetings, maintain order and promote the dispatch of business. During the absence or incapacity of the mayor, the president shall be acting mayor with all the rights, powers and duties of the mayor except the power to remove officials appointed by the mayor. In the absence or incapacity of the president, or when he is acting mayor, the remaining commissioners shall appoint one commissioner as president pro-tempore. (Prior code Art. II, § 3)

2.04.040 Acquisition of property.

The board of commissioners shall have the authority to acquire by conveyance, purchase or condemnation real or leasehold property which is necessary for any public purpose. The board of commissioners shall have the authority to take by gift, grant, bequest, or devise or to hold real and personal property absolutely or in trust for parks or gardens, or for the erection of statues, monuments, buildings or structures, or for any public use, upon such terms and conditions as may be prescribed by the grantor or donor, and accepted by the board of commissioners. (Ord. 86-3 § 1)

2.04.050 Sale of property.

The board of commissioners shall have the authority to sell, at public or private sale, real or leasehold property which belongs to the town when the board of commissioners shall determine that such property is no longer needed for public purposes. Prior to any such conveyance of real or leasehold property, the board of commissioners shall give twenty (20) days' public notice. (Ord. 86-3 § 2)

2.04.060 Other conveyances.

The board of commissioners may convey real and personal property taken by gift, grant, bequest or devise, subject to the terms and conditions of the original grant, whenever the board of commissioners shall determine that such property is no longer needed for public purposes. (Ord. 86-3 § 3)

Chapter 2.08: TOWN MANAGER

2.08.010 Town manager— Appointment, removal, duties and responsibilities.

1. There shall be a town manager appointed by the mayor with the approval of the board of commissioners. His/her compensation shall be determined by the board of commissioners. The financial powers of the town, except as otherwise provided by the ordinance codified in this section, shall be exercised by the town manager under the direct supervision of the mayor. 
    

2. The town manager may be removed from office for cause as outlined in the town's employee handbook. Where circumstances warrant, the board of commissioners may give the town manager thirty (30) days' notice of the expiration of his/her appointment.  
    

3. Thee duties and responsibilities of the town manager shall include the following under the supervision of the mayor:

1. He/she shall organize, direct and supervise the administration and personnel of all departments of the town, including the departments of public works, the department of finance, the department of planning and zoning, and the town clerk, and to further include such departments and agencies which the mayor may from time to time create and place under his/her supervision;

2. He/she shall make recommendations for the board of commissioners to appoint, and when he/she deems it necessary and in the best interest of the town, recommend the suspension or removal of any town employee for sufficient cause as outlined in the employee handbook. Only the mayor and board of commissioners have the power to appoint, suspend or remove any town employee;

3. He/she shall see that all laws and provisions of the town Charter and acts of the mayor and board of commissioners are faithfully executed;

4. He/she shall prepare and submit to the mayor and board of commissioners by May of each year a proposed budget for the town, the same to include both revenue and expenditure estimates for the coming fiscal year;

5. He/she shall attend all public meetings of the board of commissioners and any other meetings which the mayor deems necessary;

6. He/she shall arrange for the taking of minutes of all board of commissioners meetings and review them to ensure that a full and accurate account of the proceedings of the board of commissioners have been made;

7. He/she shall undertake such research and make reports and recommendations as the mayor may direct or which he/she may deem desirable and in the best interests of the town;

8. He/she shall keep the board of commissioners fully informed as to the financial condition and future needs of the town. He/she shall submit to the board of commissioners an annual report on the finances and administrative activities of the town at the end of each fiscal year;

9. He/she shall purchase materials, equipment, supplies and services when not in excess of the dollar amount prescribed by the board of commissioners;

10. Ascertain that all taxable property within the town is assessed for taxation;

11. He/she shall oversee the collection of all taxes, special assessments, license fees, liens, and other revenues (including utility revenues) of the town, and all other revenues for whose collection the town is responsible, and oversee the receipt of any funds receivable by the town;

12. Oversee the use of all public moneys, belonging to or under the control or the town;

13. Do such other things in relation to the fiscal or financial affairs of the town as the mayor or the board of commissioners may require or as may be required by the Charter or its ordinances. (Ord. 94-6 § 1 (4): prior code Art. II, § 4)

Chapter 2.12: TOWN CLERK

2.12.010 Town clerk—Appointment, removal, duties and responsibilities.

1. There shall be a town clerk appointed by the mayor with the approval of the board of commissioners. His/her compensation shall be determined by the board of commissioners, The administrative and financial duties of the town, as discussed by this chapter as well as in the Charter, shall be exercised by the town clerk under the direct supervision of the town manager.
     

2. The town clerk may be removed from office for cause as outlined in the town's employee handbook. Where circumstances warrant, the board of commissioners may give the town clerk thirty (30) days' notice of the expiration of his/her appointment.
     

3. Under the supervision of the town manager, the clerk shall have the authority and shall be required to:

1. Assist the town manager in the preparation of an annual budget to be submitted by the mayor to the board of commissioners;

2. Maintain a general accounting system for the town in such form as the board of commissioners may require, not contrary to state law;

3. Assist the town manager in the collection of all taxes, special assessments, license fees, liens, and all other revenues (including utility revenues) of the town, and all other revenues for whose collection the town is responsible, and receive any funds receivable by the town;

4. Do such other things in relation to the fiscal or financial affairs of the town as the town manager, mayor or the board of commissioners may require or as may be required elsewhere in the Charter or other ordinances.

4. The clerk shall record all ordinances as provided in Section 2.04.010, and shall record all orders or resolutions passed by the commissioners and publish them in such manner as the commissioners may direct. The clerk shall perform all such other duties which may, from time to time, be assigned to him/her by the mayor or the board of commissioners.  (Ord. 94-6 § 1(5): prior code Art. II, § 5)

Chapter 2.16: TOWN TREASURER

2.16.010 Treasurer—Appointment, powers, duties, bond, compensation and records.

1. At the organization meeting of the commissioners each year or as soon thereafter as possible, the board of commissioners shall elect from among their membership a treasurer of the board of commissioners to act as town treasurer, pursuant to Article II, Section 15, of the Charter of the town of Emmitsburg, Maryland.
    

2. The treasurer shall qualify by giving bond for such amount as set by the commissioners with good and sufficient surety to be approved by the mayor, premium if any to be paid by the town.
    

3. The treasurer shall receive and take into his charge all moneys of the corporation collected by the persons authorized to collect the same and from whatsoever source received and pay moneys on order of the commissioners approved by the mayor or over his veto as provided for in the Charter, and shall perform such other duties that may be from time to time assigned to him by the mayor and commissioners.
    

4. The treasurer's records shall show the source of all receipts and classification of the same and the payee of all the disbursements and classification of the same in accordance with the classification of the receipts and disbursements as designated by the commissioners in their annual budget.
     

5. The treasurer shall receive such compensation for his services as determined by the mayor and commissioners at the organizational meeting each year. (Prior code Art. II, § 7)

Chapter 2.20: CHIEF OF POLICE AND OTHER POLICE OFFICERS

2.20.010 Chief of police— Appointments, powers, duties, term, compensation and records.

1. At the organization meeting of the commissioners each year, or as soon thereafter as possible, the mayor, with the consent and approval of the commissioners, shall appoint a chief of police to serve at the pleasure of the mayor at such compensation as determined by the mayor and commissioners.
     

2. The chief of police and all additional police officers shall have all the powers of a constable or deputy sheriff within the police limits of the town and shall perform such duties assigned to him by the mayor and commissioners.
     

3. The chief of police shall keep a record of all arrests made, warrants and other papers served, including papers served for other governmental agencies, and such financial records as required by resolution of the mayor and commissioners.
     

4. The mayor, with the consent and approval of the commissioners, shall appoint such other policemen and other similar officers, as may from time to time be required, at such compensation as determined by the mayor and commissioners. (Ord. 79-4 § 1: prior code Art. II, § 8)

Chapter 2.24:TOWN OFFICERS GENERALLY

2.24.010 Appointment of officers and employees.

The mayor, with the consent and approval of the commissioners, shall from time to time appoint all other officers and employees who may be necessary or desirable to serve at such times and at such compensation as set by the mayor and commissioners. (Prior code Art. II, § 11)

2.24.020 Oaths of office.

The following appointment officials shall each take and subscribe to the oath of office as prescribed by the Constitution and laws of the state of Maryland, each oath to be recorded in a book kept for that purpose by the town clerk, with the oath to be administered by the mayor:

The town clerk, treasurer, chief of police, other policemen, and judges of election. (Prior code Art. II, § 10)

2.24.030 Salaries of elected officers.

1. The mayor shall receive compensation of Eight thousand dollars ($8,000.00) annually, which shall be paid to him/her in monthly installments.
     

2. Each commissioner shall receive compensation of four thousand dollars ($4,000.00) annually, which shall be paid to him/her in monthly installments.
    (Ord. 97-06: Ord. 91-2 § 1: prior code Art. II, § 12) (Ord. 11-05)

Chapter 2.28: ELECTIONS

2.28.010 Elections--Registration.

1. Registration with the Frederick County Board of Elections, by a voter who has been a resident of the town of Emmitsburg for thirty (30) days or more prior to the election in which he/she seeks to vote shall be deemed registered to vote in the town of Emmitsburg.  An individual who wishes to vote shall register with the Frederick County board of elections in accordance with the regulations established for registration from time to time by the Frederick County board of elections.
    

2. Elections will be held on the Tuesday preceding the first Monday in May through the year 2006. Beginning in election year 2007, and in each election year thereafter, elections will be held on the Tuesday preceding the first Monday in October.
    

3. Thirty days prior to any town election, the town clerk shall obtain from the Frederick County board of elections a certified list of registered voters who reside in the town of Emmitsburg.  Only persons who reside in the town of Emmitsburg and whose name appears on the certified list of registered voters may vote in a town election.
    

4. An individual whose name does not appear on the certified list of registered voters but who claims to be entitled to vote, shall be issued and be permitted to vote with a provisional ballot.  Thereafter, the election judges shall determine whether the omission of that individual's name from the certified list was the result of an inadvertent mistake made in the registration process.  That individual's vote shall be counted only if it is determined by the election judges that such an inadvertent mistake was made in the registration process and that, absent that mistake, the individual would have been authorized to vote.  Otherwise, the vote will not be counted.  Any person aggrieved by this determination may request judicial review of that determination pursuant to Title 7, chapter 200 of the Maryland Rules of Procedure. (Ord. 04-20/ (part))

2.28.020 Elections--Judges of Elections.

1. The town clerk shall advertise for three election judges and one alternate election judge not less than sixty (60) days prior to a town election. Such advertisement shall be in a newspaper of general circulation in the town and in an announcement posted on the town bulletin board(s). The mayor, with the consent and approval of the commissioners, shall appoint three persons who are registered and qualified voters in Emmitsburg, Maryland, to act as judges of elections, and one person who is a registered and qualified voter in Emmitsburg, Maryland to act as an alternate election judge. The town clerk shall notify in writing the persons appointed as election judges and alternate election judge of their appointment. The town clerk shall post the names of the three appointed election judges and the one appointed alternate election judge on the town bulletin board(s) not less than thirty (30) days prior to an election. Election judges shall serve only for the election for which they were appointed. Election judges shall be appointed for each election. During the time of acting as a judge, these persons must not hold or be a candidate for any other Emmitsburg public office. Any vacancy in the list of judges occurring between their appointment and the election shall be filled by the mayor.
    

2. The judges of elections shall conduct and supervise the election for which they have been appointed and shall receive such compensation as set by the mayor and commissioners.
    

3. The appointed alternate shall undertake the duties of an election judge only when an election judge is absent or unable to perform the duties as an election judge. (Ord. 04-20 (part))

2.28.030 Elections--Filing of Candidates.

All candidates for mayor and commissioners shall file written application for candidacy with the town clerk no later than twenty-one (21) business days prior to the date of the election. Upon receipt of any written application by the town clerk, the name of the candidates so applying will be posted on the town bulletin board the way in which it appears on the application.  All applications shall be kept on file in the town office for a period of three months after the election.  Each candidate filing shall receive a receipt for his/her application signed by the town clerk.  All candidates must meet qualifications as set forth in the Charter.  (Ord. 04-20 (part))

2.28.040 Elections--Write-in Ballots.

For all elections there shall be one blank space on each ballot for every position to be filled by that election reserved for a write-in candidate. The voter who desires to cast his or her vote for a write-in candidate must print on his or her ballot the name of that write-in candidate in the proper place provided. Such votes shall then be counted the same as if the name of such person had been printed upon the ballot and marked by the voter. A voter may only write-in one candidate for each vacancy.  (Ord. 04-20 4/4/05)

2.28.050 elections--public notice and facilities. 

1. The town clerk shall give public notice of the day, time and place of all elections. Such notice shall be given in a newspaper of general circulation in the town of Emmitsburg and in an announcement posted on the town bulletin board(s) not less than forty-five (45) days prior to any election.
    

2. The town clerk shall arrange facilities to conduct any election, and facilities shall be located as near to the voting population as practicable. Whenever possible, it shall be the duty of the town clerk to use public buildings for polling places. (Ord. 04-20 (part)) 

2.28.060 Electioneering boundary

At each polling place, the election judges shall post a sign or signs delineating a line around the entrance and exit of the building that are closest to that part of the building in which voting occurs.  The line shall be as near as practicable to one hundred (100) feet from the entrance and exit and shall be established after consideration of the configuration of the entrance and exit and the effect of placement on public safety and the flow of pedestrian and vehicular traffic.  The signs shall contain the words "No electioneering beyond this point."  At no time may any person canvass, electioneer, campaign or post any campaign material in the polling place or within the boundary line established by the posted signs. (Ord. 04-20 (part))

2.28.070 Absentee Ballots

The mayor and board of commissioners shall arrange for voting by absentee ballot for any qualified voter who is unable to cast a ballot during regularly scheduled hours on election day by reason of physical condition or necessary absence.  Such ballots shall be printed and sequentially pre-numbered and shall be provided to the voter with an envelope bearing the words "Absentee ballot election date ___," capable of holding the ballot and being sealed by the voter.  An absentee ballot may not be photocopied or duplicated in any way.  Ballots shall be tallied prior to distribution.  The ballot shall be placed in an envelope which shall be sealed by the voter after voting and before returning the ballot.  Upon the return and receipt of the ballot, the sealed envelope containing the absentee ballot shall be date-stamped and remain sealed until all regular ballots have been counted.  Once the regular ballots have been counted, the absentee ballots shall be opened and counted.  (Ord. 04-20 (part))

2.28.080 Vote Count

1. Immediately following the closing of the polls, the judges Of the election shall canvass the ballot boxes, voting machines or other voting system, and count any paper ballots, regular and absentee, to determine the vote cast for each candidate or any question(s) on the ballot.
    

2. The judges of the election shall declare which persons have been elected or which ballot questions have been approved or rejected, and shall certify the results of the election to the public in public view on the exterior of the polling place in a manner and method to be determined by the judges of election.
    

3. If the election for the offices of either mayor or commissioner results in a tie vote, a special run-off election shall be held on the 14th day after the election; provided, however, that if one of candidates in the tie vote is an incumbent to the office for which the position is sought and the other is not, then the incumbent shall be declared the winner of the election for that office.  Only those registered voters eligible to vote in the election shall be permitted to vote in the run-off election.  (Ord. 04-20 (part))

2.28.090 Regulation and Control by Commission

The commission has the power to provide by ordinance, in every respect not covered by the provisions of this chapter, for the conduct of registration, nomination, and town elections and for the prevention of fraud in connection therewith, and for a recount of ballots in case of doubt or fraud. The commission further has the power to create and appoint an election board.  The election board's functions may include enforcing the town's elections laws and resolving complaints, disputes, and challenges on election matters. Ordinances heretofore adopted by the commission pertaining to election matters shall remain in force and effect until repealed or amended by the commission but only as such provisions of this chapter.  (Ord. 04-20 (part))

2.28.110 Required disclosures

Candidates for public office shall disclose all contributions, gifts, services, in-kind contributions or other tangible or intangible items of value which are received by them or by some other person or entity on their behalf and which are proved for the purpose of assisting in the campaign of such candidate.  Such disclosure shall include an identi- fication of each such item received, the value of each such item, and the source of each such item.  Candidates for public office shall also disclose the nature and amount of all expenses incurred by him/her in the conduct of his/her campaign for public office.  All disclosures required by this section shall be submitted in writing to the town clerk and shall be signed by the candidate under oath.  An initial disclosure of the information required by this section shall be submitted at least thirty (30) days prior to the election for which the disclosure is being made and a final disclosure of such information shall be submitted no later than fifteen (15) days after the election for which the disclosure is being made.  All disclosure statements shall be immediately made available for review by the public.  Failure to comply with any of the requirements of this section shall be considered and enforced as a municipal infraction punishable by a fine of not more than one thousand dollars ($1,000.00). (Ord. 04-20 (part))

2.28.120: Penalties

The offenses and penalties established by Title 16, Election Law Article of the Annotated Code of Maryland (as such code may from time to time be hereafter amended), shall be applicable in and to the town of Emmitsburg.  In addition, any such offense may be considered and enforced as a municipal infraction punishable by a fine of not more than one thousand dollars ($1,000.00) (Ord. 04-20 (part))

Chapter 2.32: CODE OF ETHICS

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: 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  § (part): Ord. dated 2/22/82 § 1

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. The commission shall be advised by the town attorney and shall have the following responsibilities:

1. To perform, receive and maintain all forms required by this chapter;
    

2. To provide written advisory opinions to persons subject to this chapter as to the applicability of the provisions of this chapter to them;
     

3. To process and make determinations as to complaints filed by any person alleging violations of this chapter;
     

4. 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:

1. 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;
    

2. 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;
    

3. 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;
    

4. Hold any outside employment relationship that would impair their impartiality or independence of judgment;
    

5. Represent any party, for a contingent fee, before any town body;
    

6. 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;
    

7. No employee of the town will be permitted to seek an elected office within the town government while employed by the town;
    

8. 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;
    

9. No elected official of the town will be permitted to be employed as an employee of the town;
    

10. Use the prestige of their office or position for their own benefit or that of another;
     

11. Use confidential information acquired in their official town position for their own benefit or that of another. (Ord. dated 2/22/82 § 3)

2.32.040 Financial disclosure.

1. 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

4. Members of the planning and zoning commission

5. Members of the board of appeals;

6. Town manager;

7. Planning and zoning coordinator; 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 value at the time of receipt.

2. 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)

2.32.050 Lobbying disclosures.

1. Any person who personally appears before any town official or employee with intent to influence that person in the performance of his or her official duties and who, in connection with such intent, expends or reasonably expects to expend in a given calendar year in excess of one hundred dollars ($100.00) on food, entertainment or other gifts for such officials or employees, shall file a registration statement with the ethics commission not later than January 15th of the calendar year or within five days after first making such appearance.
     

2. The registration statement shall include complete identification of the registrant and of any other person on whose behalf the registrant acts. It shall also identify the subject matter on which the registrant proposes to make such appearances.
     

3. Registrants under this section shall file a report within thirty (30) days after the end of any calendar year during which they were registered disclosing the value, date and nature of food, entertainment or other gift provided to any town official or employee. Where a gift or series of gifts to a single official or employee exceeds one hundred dollars ($100.00) in value, the official or employee shall also be identified.
     

4. Registration and reports filed pursuant to this section shall be maintained by the ethics commission as public records available for public inspection and copying. (Ord. dated 2/22/82 § 5)

2.32.060 Definitions.

As used in this chapter:

• "Business entity" includes any entity regardless of form.

• "Gift" includes the transfer of anything or service of value for which the recipient has not furnished identifiable and adequate consideration. (Ord. dated 2/22/86 § 6)

2.32.070 Exemptions and modifications.

1. The ethics commission may grant exemptions and modifications to the provisions of Sections 2.32.030 and 2.32.040 if it makes specific written findings that the application of those provisions would:

1. Constitute an unreasonable invasion of privacy;

2. Significantly reduce the availability of qualified persons for public service; and

3. Not be required to preserve the purposes of this chapter.

2. The actions of the ethics commission in granting exemptions and modifications hereunder shall be in writing and shall be maintained as public records available for public inspection and copying. (Ord. dated 2/22/82 § 7)
    

3. An official or employee who otherwise would be disqualified from participation under section 2.30 shall disclose the nature and circumstances of the conflict, and may then participate or act, without prior review or permission of the ethics commission, if:

   1. The disqualification, either alone or in conjunction with other absences or disqualifications, would leave a body with less than a quorum capable of acting ; or

   2. The disqualified official or employee is required by law to act; or

   3. The disqualified official or employee is the only individual authorized to act. (Ord. 00-08:  Ord. dated 2/22/82 § 7)

2.32.080 Enforcement.

1. The ethics commission may issue a cease and desist order against any person found to be in violation of this chapter and may seek enforcement of such order in the Circuit Court for Frederick County.
     

2. A town official or employee found to have violated the provisions of this chapter may be subject to disciplinary or other appropriate personnel action, including suspension of salary or other compensation.
     

3. Violation of any provisions of Sections 2.32.030, 2.32.040 or 2.32.050 shall be deemed a misdemeanor subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days or both. (Ord. dated 2/22/82 § 8)

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