In this section, “business entity” does not include Baltimore City or any instrumentality, unit, or agency of Baltimore City. Except as otherwise provided in this Part II, a public servant may not participate in and must disqualify himself or herself from any matter if:the public servant has an interest in the matter of which the public servant might reasonably be expected to know; to the public servant’s knowledge, a disqualifying relative has an interest in the matter; or any of the following is a party to the matter:any business entity in which:the public servant has a financial interest of which the public servant might reasonably be expected to know; or to the public servant’s knowledge, a disqualifying relative has a financial interest; any business entity in which:the public servant is a partner, officer, director, trustee, employee, or agent; or to the public servant’s knowledge, a disqualifying relative is a partner, officer, director, trustee, employee, or agent; any business entity with which:the public servant has applied for a position, is negotiating employment, or has arranged prospective employment; or to the public servant’s knowledge, a disqualifying relative has applied for a position, is negotiating employment, or has arranged prospective employment; any business entity that is a party to a contract with:the public servant, if the contract could reasonably be expected to result in a conflict between the private interests of the public servant and the public servant’s official City duties; or to the public servant’s knowledge, a disqualifying relative, if the contract could reasonably be expected to result in a conflict between the private interests of the public servant or disqualifying relative and the public servant’s official City duties; any business entity in which a financial interest is held by another business entity in which the public servant has a financial interest, if the public servant might reasonably be expected to know of both financial interests; any business entity in which a financial interest is held by another business entity in which a disqualifying relative has a financial interest, if the public servant knows of both financial interests; any business entity that has a financial interest in another business entity in which the public servant also has a financial interest, if the public servant might reasonably be expected to know of both financial interests; any business entity that has a financial interest in another business entity in which a disqualifying relative also has a financial interest, if the public servant knows of both financial interests; or any business entity that, to the public servant’s knowledge, is a creditor or obligee of the public servant or a disqualifying relative and that, as a creditor or obligee, is in a position to affect directly and substantially the interest of the public servant or disqualifying relative. Ord. 04-795 Ord. 10-267 Ord. 13-102 Business entity §2-4, §6-6(a Disqualifying relative §6-1 Financial interest §2-16 Interest §2-19 Public servant §2-23 Section 8 of Ordinance 04-795 provides that the preceding § 6-6 “do[es] not prohibit the continued employment of a relative of a public servant if (1) the employment was entered into prior to the enactment of this Ordinance; and (2) immediately prior to the enactment of this Ordinance, the employment and the public servant’s participation in the employment conformed to all then-applicable laws, rules, and other standards of conduct.” Ord. 04-795 was enacted on July 8, 2004. Subsection (a) was added by Ordinance 13-102 (Bill 12-163). Bill 12-163 passed the City Council on February 4, 2013. Pursuant to <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§5|(c)">City Charter Art. IV, § 5(c)</cite>, that bill automatically became law on March 11, 2013, without the Mayor’s signature.

Except as otherwise provided in subsection (b) of this section, a former lobbyist who is or becomes subject to regulation under this subtitle as an official may not participate in a case, contract, or other specific matter as an official for 1 calendar year after the termination of the former lobbyist’s registration if the former lobbyist previously assisted or represented another party for compensation in that case, contract, or other specific matter. This section does not apply to a former lobbyist who is an official only as a member of a board. Ord. 19-239 Board §2-3 Compensation §2-7 Lobbyist §2-20 Official §2-21

The prohibitions in <cite data-path="|8|§6-6">§ 6-6 {“Prohibited participation”} of this subtitle</cite> do not apply to the extent that participation in a matter is expressly allowed:by a rule or regulation of the Ethics Board; by an advisory opinion of the Ethics Board; or by another provision of <cite data-path="|8">this article</cite>. The prohibitions in <cite data-path="|8|§6-6">§ 6-6 {“Prohibited participation”} of this subtitle</cite> do not prohibit the exercise of a ministerial duty that does not affect the disposition of or any decision relating to the matter involved. Ord. 04-795 Ethics Board §2-10

Subject to subsection (b) of this section, a public servant who otherwise would be disqualified under <cite data-path="|8|§6-6">§ 6-6 {“Prohibited participation”} of this subtitle</cite> may nonetheless participate in a matter if:his or her disqualification would leave a board or other body with less than a quorum capable of acting; the public servant is required by law to act; or the public servant is the only individual authorized to act. A public servant who seeks to participate in a matter under the authority of this section must comply with the requirements of this subsection. If acting as a member of a board or other body, the public servant must, before participating, publicly disclose to that board or other body the nature and circumstances of the conflict. In all cases, the public servant must, as soon as possible after participating, file with the Ethics Board and the public servant’s appointing authority a written notice of the nature and circumstances of the conflict and the participation. Ord. 04-795 Board §2-3 Ethics Board §2-10 Public servant §2-23

The prohibitions in <cite data-path="|8|§6-6">§ 6-6 {“Prohibited participation”} of this subtitle</cite> do not apply to the service of a public servant as a trustee or director of a business entity doing business with or subject to regulation by the City as long as: the City has an economic or programmatic interest in the entity; and the public servant:serves on the entity as part of his or her official duties, at the direction of his or her agency; receives no fee, salary, or other remuneration for his or her service; and does not participate in any matter in which the public servant or any disqualifying relative has a financial interest. Ord. 04-795 Agency §2-2 Business entity §2-4 Business with City §2-5 Disqualifying relative §6-1 Financial interest §2-16 Public servant §2-23

Except as otherwise provided in this Part III, a public servant may not: be employed by or have a financial interest in any person that is subject to the authority of that public servant or of the City agency with which the public servant is affiliated; be employed by or have a financial interest in any person that is negotiating or has entered into:a contract with the City or an agency of the City, if:the contract is with, for the benefit of, or to be administered by the agency with which the public servant is affiliated; the public servant’s duties for the City include matters substantially relating to or affecting the subject matter of the contract and the contract binds or purports to bind the City to pay more than $1,000; or for any other contract, the public servant fails to timely disclose to the Ethics Board and the procuring agencies, as required by rule or regulation of the Ethics Board, his or her employment by or financial interest in the person who is negotiating or has entered into the contract; or a subcontract on a contract described in this item (2); or hold any other employment relationship that would impair the impartiality and independent judgment of the public servant. Ord. 04-795 Ord. 11-484 Ord. 15-374 Agency §2-2 Financial interest §2-16 Person §2-22 Public servant §2-23 Section 2 of Ordinance 15-374 provides that the preceding § 6-11(2), as amended by Ord. 15-374, “does not prohibit continued employment or financial interest if (1) the employment or financial interest was entered into before the enactment of this Ordinance; and (2) the employment or financial interest did not violate then-§ 6-11, as in effect before the enactment of this Ordinance, and conformed to all other then-applicable laws, rules, and standards of conduct.” Ord. 15-374 was enacted and became immediately effective on June 11, 2015.

The prohibitions in <cite data-path="|8|§6-11">§ 6-11 {“Prohibited interests”} of this subtitle</cite> do not apply to an employment or financial interest that is allowed by a rule or regulation of the Ethics Board if: in the case of employment, the employment does not create a conflict of interest or the appearance of a conflict of interest; and in the case of a financial interest, the interest is disclosed in the manner required by the rule or regulation. Ord. 04-795 Ethics Board §2-10 Financial interest §2-16 Board Regulation R 06.12.1 establishes exemptions under this § 6-12 for: (i) outside employment as an adjunct faculty member of an accredited college or university; and (ii) a board member appointed under a requirement that the member represent certain industries, classes, etc. Regulation R 06.12.2, in turn, provides for certain additional employment exemptions that, subject to certain criteria, may be approved by the Board on individual application.

The prohibitions in <cite data-path="|8|§6-11">§ 6-11 {“Prohibited interests”} of this subtitle</cite> do not apply to an individual who is appointed to a regulatory or licensing unit pursuant to a requirement that persons subject to the jurisdiction of the unit be represented in appointments to it. Ord. 04-795 Person §2-22

The prohibitions in <cite data-path="|8|§6-11">§ 6-11 {“Prohibited interests”} of this subtitle</cite> do not apply to a board member who holds the employment or financial interest at the time of his or her appointment, if that employment or financial interest is publicly disclosed to the appointing authority, the Ethics Board, and, if applicable, the City Council before confirmation. The disclosure must be made by an affidavit, under penalties of perjury, in the form that the Ethics Board requires. Ord. 04-795 Board §2-3 Ethics Board §2-10 Financial interest §2-16

The prohibitions in <cite data-path="|8|§6-11">§ 6-11 {“Prohibited interests”} of this subtitle</cite> do not apply to the service of a public servant as a trustee or director of a business entity in accord with and subject to the limitations specified in <cite data-path="|8|§6-9">§ 6-9 {“Service ... on City’s behalf”} of this subtitle</cite>. Ord. 04-795 Business entity §2-4 Public servant §2-23

Subject to subsection (b) of this section, the Ethics Board may exempt a public servant from the prohibitions of <cite data-path="|8|§6-11">§ 6-11 {“Prohibited interests”} of this subtitle</cite> or modify the applicability of those prohibitions to a public servant if the Board determines that failure to grant the exemption or modification would limit the City’s ability to:recruit and hire highly qualified or uniquely qualified professionals for public service; or assure the availability of competent services to the public. The Ethics Board may grant an exemption or modification under this section only:in extraordinary circumstances; at the request of the City agency involved; and with the Mayor’s approval of that request. The Ethics Board must apply this section as consistently as possible under similar facts and circumstances. Ord. 04-795 Agency §2-2 Ethics Board §2-10 Public servant §2-23

The prohibitions of <cite data-path="|8|§6-11">§ 6-11 {“Prohibited interests”} of this subtitle</cite> do not prevent: an elected official from appearing, without compensation, before any City agency or legislative body on behalf of constituents or in the performance of any public, official, or civic obligation or duty; a public servant from accepting or receiving any benefit or facility that is provided for or made available to citizens or residents under any housing or other general welfare legislation or in the exercise of the police power, but only if the public servant does not exercise any responsibility or authority with respect to authorizing that benefit or facility for himself or herself; or a public servant from entering into a contract with the City for the City’s acquisition of real property, if:the amount to be paid for the property does not exceed the property’s value, as established by at least 2 competent real estate appraisers selected by the City; and all records of the City relating to the transaction are open to public inspection at all times during regular business hours. Ord. 04-795 Agency §2-2 Compensation §2-7 Elected official §2-8 Public servant §2-23

A public servant may not assist or represent a party for contingent compensation in any matter before or involving any City agency. Ord. 04-795 Agency §2-2 Compensation §2-7 Public servant §2-23

After leaving office or terminating employment, a former public servant may not assist or represent a party, other than the City, in a case, contract, or other specific matter for compensation if:the matter involves City government; and the former public servant significantly participated in the same matter as a public servant. Except as provided in paragraph (2) of this subsection, a former elected official may not assist or represent another party for compensation in any matter that is the subject of legislative action for 1 calendar year from the date the elected official leaves office. Paragraph (1) of this subsection does not apply to a former elected official’s representation of a municipal corporation, county, or State governmental entity. Ord. 04-795 Ord. 11-484 Ord. 19-239 Compensation §2-7 Elected official §2-8 Public servant §2-23

Except as permitted under subsection (b) of this section, a public servant may not solicit or facilitate the solicitation of a gift, whether on the public servant’s own behalf or on behalf of another person. The prohibition in subsection (a) of this section does not apply to a solicitation if:it is for the benefit of an official governmental program or activity or a City-endorsed charitable function or activity; and it either:is expressly allowed by a rule or regulation of the Ethics Board; or otherwise has been approved in advance by the Ethics Board, on the written request of the public servant and his or her agency. Ord. 04-795 Ord. 10-267 Ord. 15-373 Agency §2-2 Ethics Board §2-10 Financial interest §2-16 Gift §2-17 Lobbyist §2-20 Person §2-22 Public servant §2-23 Board Regulations R 06.26.1 and R 06.26.2 sets out criteria for obtaining approval under § 6-26(b) for “official governmental” or “City-endorsed charitable” solicitations.

Except as otherwise provided in this Part IV, a public servant may not knowingly accept any gift, directly or indirectly, from any person that the public servant knows or has reason to know: does or seeks to do business of any kind, regardless of amount:with the public servant’s agency; or with another person in connection with or in furtherance of a contract that is being negotiated or has been entered into by the other person with the public servant’s agency; engages or seeks to engage in an activity that is regulated or controlled by the public servant’s agency; is or, within the preceding 12 months, has been a lobbyist with respect to matters within the jurisdiction of the public servant; has a financial interest that might be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of the public servant’s official duties; is an association, or any entity acting on behalf of an association, that is engaged only in representing counties or municipal corporations; or is an owner, partner, officer, director, trustee, employee, or agent of any person described in items (1) through (4) of this section. Ord. 04-795 Ord. 10-267 Ord. 15-373 Ord. 16-503 Agency §2-2 Employee §2-9 Financial interest §2-16 Gift §2-17 Lobbyist §2-20 Person §2-22 Public servant §2-23

Subject to <cite data-path="|8|§6-29">§ 6-29 {“Exemption limitations”} of this subtitle</cite>, the prohibitions in <cite data-path="|8|§6-27">§ 6-27 {“Acceptance prohibited”} of this subtitle</cite> do not apply to the unsolicited receipt of: food or beverages received and consumed by the recipient in the presence of the donor or sponsoring entity; gifts or awards that have insignificant monetary value, as defined by rule or regulation of the Board; in return for a speaking engagement or participation on a panel at a meeting, reasonable expenses, actually incurred and verifiable, for food, travel, lodging, child or dependant care, and scheduled entertainment of the public servant, but only if:the expenses are associated with the meeting; and to the extent the expenses are anticipated to exceed $500, the public servant has notified the Ethics Board before attending the meeting; tickets or free admission given to an elected official to attend a specific charitable, cultural, or political event, if given by the person sponsoring or conducting the event as a courtesy or ceremony to the office; a specific gift or class of gifts that the Ethics Board exempts on a written finding that acceptance of the gift or class of gifts would not be detrimental to the impartial conduct of City business; or gifts from a spouse, parent, child, or sibling. Ord. 04-795 Ord. 11-484 Ord. 15-372 Child §2-6 Elected official §2-8 Ethics Board §2-10 Gift §2-17 Person §2-22 Public servant §2-23 Board Regulation R 06.28.5 establishes exemptions under this § 6-28(5) (i) for certain pharmaceutical samples given to City health-care facilities, (ii) for certain free admissions to events sponsored or conducted by educational institutions, and (iii) for certain free admissions offered by or on behalf of an instrumentality or unit of State government. Board Regulation R 06.28A defines “insignificant value”, for purposes of this section, as: “(1) a gift or award with a value of not more than $20; or (2) a gift or award in a series of gifts and awards with a cumulative value of not more than $60, if given by or on behalf of the same person during the reporting period.”

The exemptions specified in <cite data-path="|8|§6-28">§ 6-28 {“Qualified exemptions”} of this subtitle</cite> do not apply to any gift if: the gift would tend to impair the recipient’s impartiality and independent judgment; or for a gift of significant value, as defined by rule or regulation of the Board:the gift would give the appearance of impairing the recipient’s impartiality and independent judgment; or the recipient believes or has reason to believe that the gift is designed to impair his or her impartiality and independent judgment. Ord. 04-795 Ord. 11-484 Gift §2-17 Board Regulation R 06.28B defines “significant value”, for purposes of § 6-29(2), as: “(1) any gift with a value of more than $20; or (2) a gift in a series of gifts with a cumulative value of more than $60, if given by or on behalf of the same person during the reporting period.”

By rule or regulation, the Ethics Board may establish further exemptions from or modifications of this Part IV, as the Board considers necessary. Ord. 04-795 Ethics Board §2-10

A public servant may not intentionally use the prestige of his or her office or position for his or her own private gain or that of another. The performance of usual and customary constituent services, without additional compensation, is not prohibited by this section. Ord. 04-795 Compensation §2-7 Public servant §2-23

Except in the discharge of an official duty, a public servant or former public servant may not disclose or use, for his or her own economic benefit or that of another, confidential information that the public servant or former public servant acquired by reason of his or her public position and that is not available to the public. Ord. 04-795 Public servant §2-23

This section applies to:any individual who, for a proposed City procurement, assists a City agency in the drafting, development, or issuance of specifications, an invitation for bids, a request for proposals, a request for qualifications, or any other document related to the procurement; and any person who employs that individual. A person described in subsection (a) of this section may not:submit a response for that procurement; or directly or indirectly, assist or represent another person in submitting a response for that procurement. For purposes of this section, the following transactions do not constitute assisting in the drafting of specifications, an invitation for bids, a request for proposals, or a request for qualifications:providing descriptive literature, such as catalogue sheets, brochures, technical data sheets, or standard specification “samples”, whether solicited by the City agency or unsolicited; submitting written comments on a specification prepared by an agency or on a solicitation for a bid or proposal, if comments have been solicited from 2 or more persons as part of a request for information or a prebid or preproposal process; or providing specifications for a sole-source or selected-source procurement authorized by law. Ord. 04-795 Ord. 16-503 Agency §2-2 Person §2-22

In this section, “relative” means:spouse; parent or stepparent; sibling or step sibling; child, stepchild, foster child, or ward; mother-in-law or father-in-law; son-in-law or daughter-in-law; grandparent; or grandchild. No elected official may use public funds to employ a relative of that elected official or of any other elected official. Ord. 04-795 Child §2-6 Elected official §2-8 Section 8 of Ordinance 04-795 provides that the preceding § 6-39 “do[es] not prohibit the continued employment of a relative of a public servant if (1) the employment was entered into prior to the enactment of this Ordinance; and (2) immediately prior to the enactment of this Ordinance, the employment and the public servant’s participation in the employment conformed to all then-applicable laws, rules, and other standards of conduct.” The Ordinance was enacted on July 8, 2004.

A public servant may not retaliate against an individual for participating in an investigation of or reporting a potential violation of this article.