Applicability

The provisions of this Ordinance apply to all officials and employees and candidates for public office of the Town of Berwyn Heights.
 

 Ethics Commission

There shall be a Berwyn Heights Ethics Commission which shall be composed of three (3) members appointed by the Mayor and Council.  The term of the Commission members shall be concurrent with the term of the Council members making the appointments.  The Commission shall be advised by the Town Attorney and shall have the following responsibilities: 

A. To devise, receive and maintain all forms generated by this Ordinance.

B. To provide published advisory opinions to persons subject to the Ordinance.

C. To process and make determinations as to complaints filed by any person alleging violations of this Ordinance, and

D. To conduct a public information program regarding the purposes and application of this Ordinance.

Conflicts of Interest

Town Officials who are subject to this Ordinance shall not:

A. Participate on behalf of the Town in any matter which would have a direct financial impact on them, their spouse or dependent child, or a business entity with which they are affiliated.

B. Hold or acquire an interest of either $10,000 of 10% or greater in a business entity that has or is negotiating a contract of $1,000 with the Town or is regulated by their agency.

C. Be employed by a business entity that has or is negotiating a contract of more than $1,000 with the Town or is regulated by their agency.

D. Represent any party, for a contingent fee, before any Town body.

E. Within one (1) year following termination of Town service, act as a compensated representative of another in connection with any specific matter in which he/she participated substantially as a Town official.

F. Solicit any gifts or accept gifts from any person that has or is negotiating a contract with the Town or is regulated by their agency, except where such gifts would not present a conflict of interest as determined by the Commission.  Gift shall be defined to include the transfer of anything or service of value without identifiable and adequate consideration.

G. Use the prestige of their office for their own benefit or that of another.

A. The Mayor and Council, all department heads including the Town Administrator, Public Works Supervisor, Town Clerk, and Police Chief and all candidates for public office shall file annually, no later than April 1, of each calendar year during which they hold office, a statement with the Commission disclosing any gifts received during the preceding calendar 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. The Mayor and Council and department heads must disclose an interest which raises a conflict or potential conflict in connection with a particular proposed action by the Mayor and Council or department head sufficiently in advance of the action to provide disclosure to the public.

C. The Mayor and Council shall file a statement with the Commission disclosing any interest or employment, the holding of which would require disqualification from participant pursuant to Section 3 (A) of this Ordinance.

D. All financial disclosure statements filed with the Commission shall be available for public inspection and copying.
 

A. The Commission may issue a cease and desist order against any person found to be in violation of this Ordinance and may seek enforcement of such order in the Circuit Court of Prince George's County.

B. A Town official found to have violated this Ordinance may be subject to disciplinary or other appropriate personnel action as specified in the Town Charter.

C. Violation of Section 3 or 4 of this Ordinance shall be a misdemeanor subject to a fine of up to two hundred dollars ($200.00).