<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="§ 6-6 Prohibited participation.">
  <section prefix="§" num="6-6" heading="Prohibited participation.">
    <para num="(a)" heading="“Business entity” limited.">In this section, “business entity” does not include Baltimore City or any instrumentality, unit, or agency of Baltimore City.</para>
    <para num="(b)" heading="When participation prohibited.">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:<para num="(1)">the public servant has an interest in the matter of which the public servant might reasonably be expected to know;</para>
      <para num="(2)">to the public servant’s knowledge, a disqualifying relative has an interest in the matter; or</para>
      <para num="(3)">any of the following is a party to the matter:<para num="(i)">any business entity in which:<para num="(A)">the public servant has a financial interest of which the public servant might reasonably be expected to know; or</para>
          <para num="(B)">to the public servant’s knowledge, a disqualifying relative has a financial interest;</para>
        </para>
        <para num="(ii)">any business entity in which:<para num="(A)">the public servant is a partner, officer, director, trustee, employee, or agent; or</para>
          <para num="(B)">to the public servant’s knowledge, a disqualifying relative is a partner, officer, director, trustee, employee, or agent;</para>
        </para>
        <para num="(iii)">any business entity with which:<para num="(A)">the public servant has applied for a position, is negotiating employment, or has arranged prospective employment; or</para>
          <para num="(B)">to the public servant’s knowledge, a disqualifying relative has applied for a position, is negotiating employment, or has arranged prospective employment;</para>
        </para>
        <para num="(iv)">any business entity that is a party to a contract with:<para num="(A)">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</para>
          <para num="(B)">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;</para>
        </para>
        <para num="(v)">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;</para>
        <para num="(vi)">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;</para>
        <para num="(vii)">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;</para>
        <para num="(viii)">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</para>
        <para num="(ix)">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.</para>
      </para>
    </para>
    <annotation type="History">Ord. 04-795</annotation>
    <annotation type="History">Ord. 10-267</annotation>
    <annotation type="History">Ord. 13-102</annotation>
    <annotation type="Defined Terms">Business entity	§2-4, §6-6(a</annotation>
    <annotation type="Defined Terms">Disqualifying relative	§6-1</annotation>
    <annotation type="Defined Terms">Financial interest	§2-16</annotation>
    <annotation type="Defined Terms">Interest	§2-19</annotation>
    <annotation type="Defined Terms">Public servant	§2-23</annotation>
    <annotation type="Editor's Notes">
            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.
          </annotation>
    <annotation type="Editor's Notes">Subsection (a) was added by Ordinance 13-102 (Bill 12-163).  Bill 12-163 passed the City Council on February 4, 2013.  Pursuant to &lt;cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§5|(c)"&gt;City Charter Art. IV, § 5(c)&lt;/cite&gt;, that bill automatically became law on March 11, 2013, without the Mayor’s signature.</annotation>
  </section>
</baltimore-city-law>
