There is a Baltimore City Board of Ethics, as established under <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§106">Article VII, § 106 of the City Charter</cite> and this subtitle.
Ord. 04-795
The Ethics Board comprises the following 5 members, appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">City Charter Article IV, § 6</cite>:1 member nominated by the President of the City Council;
1 member nominated by the City Comptroller; and
3 members named by the Mayor, at least 2 of whom must be members of the Maryland Bar.
Each member of the Ethics Board must be:an individual of known personal integrity;
someone who possesses a recognized knowledge and interest in government and civics; and
a resident of the City of Baltimore.
No person may be appointed to the Board or, once appointed, continue to serve on the Board if the person:is or becomes a lobbyist under the State Public Ethics Law, Subtitle 8 of <cite data-path="|8">this article</cite>, or the ethics code of any political subdivision of this State;
is or becomes an officer or employee of the State, the City, or any other political subdivision of the State, or of any of their respective agencies, instrumentalities, or other units (other than a State college, university, or other institution of higher education); or
is or becomes a candidate for elected public office of the State, the City, or any other political subdivision of the State.
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Ord. 10-272
Employee §2-9
Ethics Board §2-10
Lobbyist §2-20
Official §2-21
Person §2-22
In accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§108|(a)">City Charter Article VII, § 108(a)</cite>, the term of a member is 5 years.
The terms of the members are staggered as required by the terms for the members first appointed under the 2010 amendments to this subtitle.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
The Mayor may remove an appointed member as provided in <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">City Charter Article IV, § 6</cite>, but only for the following causes:neglect of duty;
misconduct in office;
a disability that makes the member unable to discharge the powers and duties of the office; or
a violation of <cite data-path="|8">this article</cite>.
Before seeking City Council approval for a removal, the Mayor must give the member:written notice of the charges; and
an opportunity to reply to the charges.
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Ord. 10-272
Section 2 of Ordinance 10-272, which changed the composition and terms of the Board, provides for the following initial terms
(1)
the member nominated by the Council President shall be appointed for a term ending December 31, 2015;
(2)
the member nominated by the Comptroller shall be appointed for a term ending December 31, 2014; and
(3)
of the remaining 3 members:
(i)
1 shall be appointed for a term ending December 31, 2013;
(ii)
1 shall be appointed for a term ending December 31, 2012; and
(iii)
1 shall be appointed for a term ending December 31, 2011.
The Ethics Board must elect a Chair from among its members.
The term of the Chair is 1 year.
The Chair may be reelected.
The Ethics Board may elect a Vice-Chair and other officers from among its members.
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Ord. 10-272
Ord. 11-520
Ethics Board §2-10
3 Members of the Ethics Board are a quorum.
An affirmative vote of at least 3 members is needed for any action by the Ethics Board.
The Board’s records must show how each member voted on each question.
All meetings of the Ethics Board must be conducted in accordance with the State Open Meetings Act, Title 3 of the State <cite data-path="|general">General Provisions Article</cite>.
The members of the Ethics Board:serve without compensation; but
are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates.
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Ord. 16-503
Compensation §2-7
Ethics Board §2-10
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Ethics Board may adopt rules and regulations to carry out the provisions of <cite data-path="|8">this article</cite>.
The Ethics Board may issue orders necessary or appropriate to carry out the provisions of <cite data-path="|8">this article</cite>.
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Text Conformed 02/16/21
Ethics Board §2-10
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of subsection (a) to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
The Inspector General serves as the Executive Director of the Ethics Board and is responsible for assisting the Board in performing its responsibilities.
In consultation with the Board, the Executive Director may assign staff from the Office of the Inspector General to assist the Board and Executive Director.
Ord. 04-795
Ord. 20-354
Ethics Board §2-10
Executive Director §2-11
This section was amended by Ordinance 20-354, effective October 10, 2020, designating the Inspector General to serve ex officio as the Executive Director of the Ethics Board.
At the request of the Ethics Board, the Baltimore Police Department, City Solicitor, City Comptroller, and all other City officials and agencies must provide reasonable investigative or other professional assistance to the Board.
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Agency §2-2
Ethics Board §2-10
Official §2-21
The Ethics Board must prepare and distribute all forms required by <cite data-path="|8">this article</cite>.
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Ethics Board §2-10
As required by the Ethics Board from time to time, the Executive Director must:
review statements and reports filed in accordance with Subtitle 7 {”Financial Disclosure”} and Subtitle 8 {”Lobbying”} of <cite data-path="|8">this article</cite>; and
notify individuals who submit documents under those subtitles of any omissions or deficiencies.
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Ethics Board §2-10
Executive Director §2-11
The Ethics Board must retain all documents filed with it and all other records of the Board for at least:4 years; or
if longer, the period set by the Archives and Records Management Committee in consultation with the Ethics Board.
The Ethics Board must make these documents and other records available for public inspection and copying during regular office hours.
The Ethics Board may charge a reasonable fee for the examination and copying of documents or other records.
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Ethics Board §2-10
The Ethics Board must publish and make publicly available information that explains the provisions of <cite data-path="|8">this article</cite>, the duties imposed by it, and the means for enforcing it.
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Ethics Board §2-10
The Ethics Board must develop and offer a training course of not less than 2 hours on the requirements of <cite data-path="|8">this article</cite>.
Except as provided in paragraph (2) of this subsection, every official must complete the training course within 6 months of his or her appointment or reappointment to office.
The training requirements of this subsection do not apply to:an official who, within the 3 years preceding his or her appointment or reappointment, completed a training course provided under this section; or
an individual who is an official only by virtue of being a board member, unless the board:is one of the entities listed in <cite data-path="|8|§7-8">§ 7-8 {“[Disclosures statements] – Agency officials and staff”} of this article</cite>; or
performs one of the functions described in <cite data-path="|8|§7-9">§ 7-9 {“[Disclosure statements] – Procurement, legislative liaison, and enforcement personnel”} of this article</cite>.
After consultation with the Board, an agency head may authorize or require one or more classes of agency employees to attend the training course.
On request of the agency head, the Board must offer the training course to those employees as soon as practicable.
The Board must annually notify agency heads of the availability of the training course under this subsection.
The Department of Human Resources must provide the Ethics Board with:appropriate facilities for conducting the training course;
timely notice of the appointment of all officials subject to the training requirements; and
administrative and other assistance.
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Ord. 04-822
Ord. 10-272
Ord. 16-585
Agency §2-2
Board §2-3
Employee §2-9
Ethics Board §2-10
Official §2-21
Each official must, within 6 months of his or her initial appointment to office, complete and file with the Ethics Board and with that official’s appointing authority, an affidavit that certifies, under penalties of perjury, that the official:has read and understands the provisions of <cite data-path="|8">this article</cite> governing conflicts of interest;
is not then in violation of those provisions; and
obligates himself or herself to comply with those provisions in all future activities.
The affidavit must be in the form that the Ethics Board requires.
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Ord. 17-068
Ethics Board §2-10
Official §2-21
The Ethics Board and Executive Director each may:administer oaths; and
issue subpoenas for the attendance of witnesses to testify or to produce other evidence.
A subpoena issued under this section may be judicially enforced.
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Ethics Board §2-10
Executive Director §2-11
Except as otherwise specified in <cite data-path="|8">this article</cite>, the Ethics Board may charge reasonable filing fees for statements, reports, and other documents filed under <cite data-path="|8">this article</cite>.
The Board may not charge a fee for a disclosure statement timely filed under Subtitle 7 {“Financial Disclosure”} of <cite data-path="|8">this article</cite>.
The fees charged may include late fees for any document that is filed after the applicable deadline.
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Ord. 13-180
Ethics Board §2-10
An individual who is appointed to fill a vacancy in a position must be given written notice, in a form approved by the Ethics Board, of the requirements of:§ 3-20 {“Training courses”};
§ 3-21 {“Conflicts affidavit”}; and
§ 7-12 {“Financial Disclosure: Appointee to vacancy”}.
For Board members and uncompensated appointees of the Mayor, the notice required by subsection (a) of this section must be given by the Mayor or the Mayor’s designee.
For all other appointees, the notice must be given by the appointee’s agency head or the agency head’s designee.
The notice required by subsection (a) of this section must be given within 5 days after the appointment.
To evidence receipt by the appointee and understanding of the appointee’s responsibilities, the notice required by subsection (a) must be signed by both the appointee and the official providing the appointee the notice.
Within 5 days of signing, a copy of the signed notice required under this subsection must be:placed in the appointee’s agency personnel file; and
provided to the Ethics Board.
An individual who is nominated to fill a vacancy on a City board must also be given written notice, in a form approved by the Ethics Board, of the provisions of <cite data-path="|8|§6-14">§ 6-14 {“Exceptions – New board members”} of this article</cite>.
The notice required by paragraph (1) of this subsection must be given by the Mayor or the Mayor’s designee at least 14 days before the appointment is to be confirmed.
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Ord. 04-822
Ord. 16-585
Ord. 19-287
Ethics Board §2-10
Subsection (d) was added by Ordinance 19-287, effective February 25, 2020.
The Ethics Board may exempt from <cite data-path="|8">this article</cite>, or modify the applicability of <cite data-path="|8">this article</cite> to, a board or 1 or more members of a board if the Ethics Board determines that, because of the nature of the board, the application of <cite data-path="|8">this article</cite> to the board or member:would significantly reduce the availability of qualified individuals for public service; and
is not needed to preserve the purposes of <cite data-path="|8">this article</cite>.
An exemption under this section may be granted only on the written request of the board involved.
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Board §2-3
Ethics Board §2-10
The Ethics Board must submit to the Mayor and the City Council:
an annual report on its activities; and
as appropriate from time to time, based on its investigations and studies, special reports with recommendations for legislation.
Ord. 10-272