Any person required to file a report, statement, or other item under <cite data-path="|8">this article</cite> must obtain and, for the period specified in <cite data-path="|8|§9-2">§ 9-2 {“Retention period”} of this subtitle</cite>, retain all accounts, bills, receipts, books, papers, documents, and other records necessary to complete and substantiate the report, statement, or other item. Ord. 04-795 Person §2-22

The person must retain the records required by <cite data-path="|8|§9-1">§ 9-1 {“Retention required”} of this subtitle</cite> for at least 3 years from: the date on which the report, statement, or other item was filed; or if the report, statement, or other item was not filed, the date by which it was required to be filed. Ord. 04-795 Person §2-22

On request and reasonable notice, the records required by <cite data-path="|8|§9-1">§ 9-1 {“Retention required”} of this subtitle</cite> must be made available to the Ethics Board or the City Solicitor for inspection. Ord. 04-795 Ethics Board §2-10

If, after considering a complaint brought under Subtitle 5 {“Complaints”} of <cite data-path="|8">this article</cite>, the Ethics Board determines that the respondent has violated any provision of Subtitle 8 {“Lobbying”} of <cite data-path="|8">this article</cite>, the Board may take any 1 or more of the following actions: require a respondent who is a lobbyist to file any additional reports or information that reasonably relates to the information required by Subtitle 8; impose a civil penalty of not more than $1,000 for each violation; prohibit a respondent from engaging in any lobbying activities intended to influence any City public servant on any matter for a period of not more than 3 years; or take any other action authorized by <cite data-path="|8|§9-4">§ 9-4 {“In general”} of this subtitle</cite>. Ord. 04-795 Ord. 18-198 Ethics Board §2-10 Lobbyist §2-20 Public servant §2-23 Ordinance 18-198 (Bill 18-230) amended this section, effective March 3, 2019, to add the sanction described in item (3).

The Ethics Board may assess a late fee of $10 per day, up to an aggregate maximum of$1,000 per overdue statement, on any public servant who does not file a complete financial disclosure statement on or before the date it is due. Within 30 days after any late fee is assessed under this subsection, a public servant may file a written request with the Ethics Board to reduce or waive the fee for good cause. If a public servant has failed to file a complete financial disclosure statement within 5 days of the date required under <cite data-path="|8">this article</cite>, the Ethics Board must notify the public servant in writing of the public servant’s noncompliance and of the potential consequences under this section for continued noncompliance. If a public servant has failed to file a complete financial disclosure statement within 15 days of the date required under <cite data-path="|8">this article</cite>, the Ethics Board must notify the public servant in writing of the public servant’s continued noncompliance and the potential consequences of further continued noncompliance. A copy of the notice sent under this subsection must be sent to:the public servant’s agency head; the Director of Human Resources; and the City Solicitor. If a public servant has failed to file a complete financial disclosure statement within 30 days of the date required under <cite data-path="|8">this article</cite>, the Ethics Board must refer the matter in writing to the Office of the Inspector General for investigation. A copy of the Board’s referral made under this subsection must be sent to:the public servant; the public servant’s agency head; the Director of Human Resources; and the City Solicitor. If a public servant has failed to file a complete financial disclosure statement within 60 days of the date required under <cite data-path="|8">this article</cite>, the Ethics Board may refer the matter to the public servant’s agency head, the Director of Human Resources, and the City Solicitor, with a recommendation that the public servant be suspended from office without pay until the financial disclosure statement is filed. A referral for suspension must include copies of the notices to the public servant required under this section. Regardless of whether any action is taken against the public servant, a copy of the Board’s referral must be included in the public servant’s agency personnel file. This subsection does not apply to elected officials. Ord. 19-287 Ord. 19-332 Elected official §2-8 Ethics Board §2-10 Public servant §2-23 This § 9-5.1 was added by Ordinance 19-287, effective February 25, 2020.

The Ethics Board may file a petition in Circuit Court, on behalf of the Mayor and City Council, to compel compliance with or seek other relief under <cite data-path="|8">this article</cite>. The remedies authorized in <cite data-path="|8">this article</cite> are cumulative, and the court may grant all or part of the relief sought. Ord. 04-795 Ethics Board §2-10

In an action brought under <cite data-path="|8|§9-6">§ 9-6 {“Petition to court”} of this subtitle</cite>, the court may compel compliance with <cite data-path="|8">this article</cite>: by issuing an order to cease and desist from a violation; or by granting other injunctive relief. Ord. 04-795

In an action brought under <cite data-path="|8|§9-6">§ 9-6 {“Petition to court”} of this subtitle</cite>, the court may impose a civil penalty of up to $1,000 for any violation of <cite data-path="|8">this article</cite>. For this purpose, each day on which a violation occurs is a separate offense. Ord. 04-795

Except as provided in subsection (b) of this section, in an action brought under <cite data-path="|8|§9-6">§ 9-6 {“Petition to court”} of this subtitle</cite>, the court may void an official act of a public servant if:the public servant had a conflict of interest that is prohibited by <cite data-path="|8">this article</cite>; the act arose from or concerned the subject matter of the conflict; the proceeding was brought within 90 days after the act occurred; and the court determines that the conflict had an impact on the act. The court may not void any contract previously approved by the Board of Estimates without the express consent of the Board of Estimates. The court may not void any official act that:appropriates public funds; levies a tax; or provides for the issuance of a bond, note, or other evidence of public obligation. Ord. 04-795 Public servant §2-23

Except as provided in <cite data-path="|8|§9-12">§ 9-12 {“Exceptions”} of this subtitle</cite>, the Board of Estimates may void a contract with the City if:a public servant had a conflict of interest that is prohibited by <cite data-path="|8">this article</cite>; the contract arose from or concerned the subject matter of the conflict; and the Board determines that the conflict had an impact on the contract. In taking action under this section, the Board of Estimates may void a contract:in whole or in part; and on the terms and conditions that the Board sets. Ord. 04-795 Public servant §2-23

The Board of Estimates may not void any contract under this subtitle that provides for the issuance of a bond, note, or other evidence of public obligation. Ord. 04-795

In addition to any other penalty imposed under <cite data-path="|8">this article</cite>, if the Ethics Board finds that a public servant, other than an elected official, has violated a provision of <cite data-path="|8">this article</cite>: the public servant may be removed or subjected to other disciplinary action by the appropriate authority; and if the public servant is subject to a Board or court order that directs compliance, the public servant may not be paid any salary or other compensation pending full compliance with the order. Ord. 04-795 Compensation §2-7 Elected official §2-8 Ethics Board §2-10 Public servant §2-23

If the Ethics Board finds that an elected official has violated a provision of <cite data-path="|8">this article</cite>, the Board must report its findings to the Mayor and the City Council for appropriate action. Ord. 04-795 Elected official §2-8 Ethics Board §2-10

If, while considering a complaint, the Ethics Board finds that there are reasonable grounds to believe that the respondent has committed a criminal offense, the Board must promptly refer the matter to the appropriate prosecuting authority. The Ethics Board must make available to the prosecuting authority all pertinent evidence under its control. Ord. 04-795 Ethics Board §2-10

Any person who knowingly violates a provision of Subtitle 8 {“Lobbying”} of <cite data-path="|8">this article</cite>, or fails to comply with an administrative sanction imposed under <cite data-path="|8|§9-5">§ 9-5 {“Lobbying violations”} of this subtitle</cite>, is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment of not more than 12 months or both. If the person is a business or other entity, each officer or partner of the entity who knowingly authorizes or participates in the violation is guilty of a misdemeanor and, on conviction, is subject to the penalty specified in subsection (a) of this section. Ord. 04-795 Ord. 18-198 Business entity §2-4 Person §2-22 Ordinance 18-198 (Bill 18-230) amended subsection (a), effective March 3, 2019, to include as an additional potential offense, “fail[ure] to comply with an administrative sanction under § 9-5”.