§ 2-294. Financial Disclosure.

(a)

The following elected officials, officials and employees and candidates for office as such officials or employees, when such positions are elective, are required to file the financial disclosure statements provided for in this Section:

(1)

Members of the County Council;

(2)

County Executive;

(3)

Chief Administrative Officer and Deputy Chief Administrative Officer;

(4)

Heads of all County Departments, agencies, and offices and their deputies or chief assistants;

(5)

Administrative Officer to County Council and Deputy;

(6)

Persons appointed to any of the exempt positions as immediate staff to the County Executive as defined in Section 902(5) of the County Charter;

(7)

Legislative Officer to County Council;

(8)

Zoning Hearing Examiners;

(9)

Clerk of the County Council;

(10)

County Auditor and Deputies or Chief Assistants to the County Auditor;

(11)

People's Zoning Counsel;

(12)

All County Inspectors, including but not limited to, all Building, Housing, Boiler, Electrical, Site, and Liquor Inspectors, all Zoning Enforcement Officers, and persons serving in supervisory positions to the above-enumerated positions if such supervisory persons are not required to file financial statements under other positions governed by this Section;

(13)

All Attorneys in the County Office of Law;

(14)

Members of the County Board of Library Trustees;

(15)

Director and Assistant Directors of the County Memorial Library System;

(16)

Members of the County Animal Control Commission;

(17)

Members of the County Board of Appeals;

(18)

Members of the County Consumer Protection Commission;

(19)

Executive Director of the County Consumer Protection Commission;

(20)

Members of the County Board of Electrical Examiners;

(21)

Members of the County Board of Ethics;

(22)

Members of the County Board of Registration for Building Contractors;

(23)

Members of the County Board of License Commissioners;

(24)

All voting members of the County Health Planning Advisory Committee;

(25)

Members of the Board of Directors of the County Housing Authority;

(26)

Director and Deputies or Chief Assistants of the County Housing Authority;

(27)

Members of the County Human Relations Commission;

(28)

Executive Director of the County Human Relations Commission;

(29)

Members of the County Landlord-Tenant Commission;

(30)

Executive Director of the County Landlord-Tenant Office;

(31)

Members of the County Personnel Board;

(32)

Attorneys to the County Commissions, Boards, and Committees;

(33)

Members of the Prince George's County Parking Authority;

(34)

Any other officials, employees, and/or appointees of the County Government whom the County Executive shall by Executive Order designate for filing and who are directly responsible for making governmental decisions, policy or taking governmental action pursuant to any such decision or policy or recommending any such decision, policy or action with regard to:

(A)

Procurement or contracting;

(B)

Administering or monitoring grants or subsidies;

(C)

Planning and zoning;

(D)

Inspecting, licensing, regulating, or auditing any nongovernmental enterprise; and

(E)

Other activities where the decision, action or policy might have significant economic impact on the interests of any nongovernmental enterprise;

(35)

Any other officials, employees, and/or appointees of the County Government whom the County Executive shall by Executive Order designate for filing and who are dependent partly or wholly in their private interest by their association with the County Government, and in the course of their private duties and/or services utilize public equipment, supplies, property, or the influence of their public office.

(b)

The following officials and employees shall file under oath or affirmation with the Board on or before the 30th day of April of each year during that person's term in office a copy of the financial disclosure statement which that person filed as required with the State Ethics Commission for the calendar year immediately preceding each such year in office. If the following officials and employees are not required to file financial disclosure statements with the State Ethics Commission, they shall file financial disclosure statements with the Board as required in Sections 2-294(c), (d), and (e):

(1)

Director of the County Department of Social Services and deputies or chief assistants to the Director;

(2)

County Health Officer and deputies or chief assistants to the Health Officer.

(c)

(1)

Each incumbent official and employee identified in Subsection (a), hereof, shall file under oath or affirmation with the Board on or before the 30th day of April of each year during that person's term in office, the statement required by this Section, for the calendar year immediately preceding each such year in office. An official or employee who has not filed the required statement and who is appointed to fill a vacancy to a position listed in Subsection (a), hereof, shall file a statement covering the preceding calendar year within thirty (30) days after appointment. Any official or employee who is required to file a statement and who leaves office or employment for any reason, other than the official's or employee's death, shall file, within sixty (60) days of leaving office or employment, the statement required by this Section, for the calendar year immediately preceding, unless a statement has previously been filed for that year, and any portion of the current calendar year during which that official or employee held office or employment.

(2)

Except for an official or employee who has filed a statement pursuant to paragraph (1), above, for the same year or portion of the same year for which a statement otherwise would be required to be filed by this Subsection, each candidate for nomination for, or election to, an office as an official or employee identified in Subsection (a), hereof, shall file under oath or affirmation with the Clerk of the Council or Board of Election Supervisors, together with his certificate of candidacy, the statement required by this Section, each year beginning with the year in which the certificate of candidacy is filed through the year of the election. If a candidate fails to file a statement required by this Section after written notice is provided by the Clerk of the Council or Board of Election Supervisors at least twenty (20) days before the last day for withdrawal of candidacy, the candidate is deemed to have withdrawn the candidacy. The Clerk of the Council or Board of Election Supervisors may not accept any certificate of nomination unless a statement in proper form has been filed. Within thirty (30) days of the receipt of a statement, the Board of Election Supervisors or the Clerk shall forward the statement or a copy thereof to the Board or an office designated by the Board.

(3)

A candidate to be an elected official shall file a statement required under this Section:

(i)

In the year the certificate of candidacy is filed, no later than the filing of the certificate of candidacy;

(ii)

In the year of the election, on or before the earlier of April 30 or the last day for withdrawal of candidacy; and

(iii)

In all other years for which a statement is required, on or before April 30.

(d)

All statements filed pursuant to this Section shall be maintained as public records by the Board, or an office designated by the Board, and shall be made available, during normal office hours, for examination and copying by the public, subject, however, to such reasonable fees and administrative procedures as the Council or Board may establish from time to time. The forms shall be retained for four (4) years from the date of receipt. Any person examining or copying these statements shall be required to record his name, home address, and the name of the person whose disclosure statement was examined or copied. This record shall be forwarded within five business days to the person whose disclosure statement is so examined or copied.

(e)

All statements filed pursuant to this Section shall be on a form developed by the Board with the assistance of the Office of Ethics and Accountability, and shall disclose the following interests, if known:

(1)

Interests in Real Property. A schedule of all interests in real property wherever located. This schedule, as to each such interest, shall include:

(A)

The nature of the property and the location by street address, mailing address, or legal description of the property;

(B)

The nature and extent of the interest held, including any conditions thereto and encumbrances thereon;

(C)

The date when, the manner in which, and the identity of the person from whom the interest was acquired;

(D)

The nature and amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the interest at the time acquired;

(E)

With respect to any interest transferred, in whole or in part, at any time during the year for which the statement is filed, a description of the interest transferred, the nature and amount of the consideration received in exchange therefor, the identity of the person to whom the interest was transferred, and the information set forth in subparagraphs (C) and (D) of this paragraph; and

(F)

The identity of any other person with an interest in the property.

(2)

Interests in Corporations and Partnerships. A schedule of all interests in any corporation, partnership, limited liability partnership, or limited liability corporation, whether or not the corporation does business with the County. This schedule, as to each such interest, shall include:

(A)

The name and address of the principal office of the corporation, partnership, limited liability partnership, or limited liability corporation;

(B)

The nature and amount of the interest held, including any conditions thereto and encumbrances thereon, provided, however, that an amount of stock or like evidence of equity interest, at the option of the person making the report, may be reported by the number of shares held and, unless the corporation's stock is publicly traded on a stock exchange, in an over-the-counter market, or otherwise, the percentage of equity interest so held, instead of by dollar amount;

(C)

With respect to any interest transferred, in whole or in part, at any time during the year for which the statement is filed, a description of the interest transferred, the nature and amount of the consideration received in exchange therefor and, if known, the identity of the person to whom the interest was transferred; and

(i)

The date when, the manner in which, and the identity of the person from whom the interest was acquired; and

(ii)

The nature and the amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the interest at the time acquired.

(3)

Interests in other business entities doing business with the County. A schedule of all interests in any other business entity not reported pursuant to Section 2-294(e)(2), above, which does business with the County. This schedule, as to each such interest, shall include:

(A)

The name and address of the principal office of the business entity;

(B)

The nature and amount of the interest held, including any conditions thereto and encumbrances;

(C)

With respect to any interest transferred, in whole or in part, at any time during the year for which the statement is filed, a description of the interest transferred, the nature and amount of the consideration received in exchange therefor and the identity of the person to whom the interest was transferred; and

(D)

With respect to any interest acquired during the year for which the statement is filed:

(i)

The date when, the manner in which, and the identity of the person from whom the interest was acquired; and

(ii)

The nature and the amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the interest at the time acquired.

(4)

Gifts. A schedule of each gift in excess of Twenty Dollars ($20.00) in value or a series of gifts totaling One Hundred Dollars ($100.00) or more from any one person received at any time during the year for which the statement is filed by the person making the statement, or by any other person at the direction of the person making the statement, from, or on behalf of, directly or indirectly, any person who does business with the County; provided, however, that neither gifts received from the spouse, children, or parents of the person making the statement need be disclosed. This schedule, as to each such gift, shall include:

(A)

The nature and value of the gift; and

(B)

The identity of the person from whom, or on behalf of whom, directly or indirectly, the gift was received.

(5)

Employment with or interest in entities doing business with the County. A schedule of all offices, directorships, and salaried employment held by the person making the statement or his spouse or dependent child at any time during the year for which the statement is filed in any corporation or other business entity which does business with the County. This schedule, as to each such office, directorship or salaried employment, shall include:

(A)

The name and address of the principal office of the business entity;

(B)

The title and nature of the office, directorship, or salaried employment held and the date it commenced; and

(C)

The name of each County agency with which the entity is involved as indicated by identifying one or more of the three categories of "doing business" set forth in Section 2-291(a)(4) of this Division.

(6)

Indebtedness to persons doing business with the County. A schedule of all liabilities and indebtedness to any person doing business with the County which is owed at any time during the year for which the statement is filed, excluding retail credit accounts, by the person making the statement, or which is owed by his spouse or dependent child if the person making the statement was involved in the transaction giving rise to the debt. This schedule, as to each such liability, shall include:

(A)

The identity of the person to whom the liability was owed and the date it was incurred;

(B)

The amount of the liability owed as of the end of the year for which the statement is filed;

(C)

The terms of payment of the liability and the extent to which the principal amount of the liability was increased or reduced during the year; and

(D)

The security given, if any, for the liability.

(7)

List of family members employed by the County. A list identifying any spouse or dependent child of the person making the statement employed by the County in any capacity at any time during the year for which the statement is filed.

(8)

Source of Earned Income.

(A)

The name and address of each place of salaried employment and of each business entity of which the person or his spouse or dependent child was a sole or partial owner and from which the person, his spouse, or dependent child received earned income, at any time during the year for which the statement is filed.

(B)

A minor child's employment or business ownership need not be disclosed if the agency that employs the person making the statement does not regulate, exercise authority over, or contract with the place of employment or business entity of the minor child.

(9)

A schedule of all contributions, proceeds, and expenses associated with a testimonial for the person making the statement. The schedule shall also be submitted when the testimonial is for the person making the statement, but the contributions are made to any other person at the direction of the person making the statement.

(10)

Additional information. Such additional interests or information as the person making the statement wishes to disclose.

(f)

Interests Attributable to Person Making Statement. For the purposes of paragraphs (1), (2), and (3) of Subsection 2-294(e), and the disclosures therein required, the following shall be considered to be the interests of the person making the statement:

(1)

Any interest held by the spouse or a dependent child of the person making the statement, if such interest was at any time during the year for which the statement is filed directly or indirectly controlled by the person making the statement;

(2)

Any interest held by a business entity in which the person making the statement held a thirty percent (30%) or greater equity interest any time during the year for which the statement is filed;

(3)

Any interest held by a trust or an estate in which, at any time during the year for which the statement is filed, the person making the statement held a reversionary interest or was a beneficiary, or, if a revocable trust, with respect to which the person making the statement was a settlor. A trust, within the meaning of this Subsection, does not include a common trust fund or a trust which forms part of a pension or profit-sharing plan which has more than twenty-five (25) participants and which has been determined by the Internal Revenue Service to be a qualified trust under the Internal Revenue Code.

(g)

The statements submitted pursuant to this Section shall be reviewed by the Board for compliance with the provisions of this Section, and officials and employees shall be notified of any omissions or deficiencies. The Board should seek the advice of the Office of Ethics and Accountability, as appropriate. Evidence of any noncompliance with this Section shall be acted upon by the Board or referred to the Council for appropriate action to ensure compliance with this Section.

(h)

The Board or, if appropriate, the Council may, after consultation with the Office of Ethics and Accountability, grant exemptions to or modifications of this Section as to officials or employees serving as members of Prince George's County boards and commissions, where it finds that the application of the Section would constitute an unreasonable invasion of privacy and would significantly reduce the availability of qualified persons for public service and it also finds that the exemption or modification would not be contrary to the purposes of this Division.

(i)

The County Executive may, by Executive Order, require persons holding County positions compensated in whole or in part by public funds and noncompensated County appointees to disclose annually, as public records, such relevant information concerning their financial affairs as he may deem necessary to promote the continued trust and confidence of the people in the Executive Branch of the County government.

(CB-26-1982; CB-125-1984; CB-83-1996; CB-5-2003; CB-36-2012; CB-84-2014)