Article X. General Provisions

The Council shall prescribe by law a code of ethics, and provide for the enforcement and penalties for violations thereof, covering all elected and appointed officers and employees of the County paid in whole or in part from County funds, and including persons appointed to serve on boards and commissions established by law. The code of ethics shall provide for the regulation of ex parte communications and for the disqualification of any person participating in the decision process, if there is a conflict between their official duties and their private interests. The code of ethics shall also provide for the establishment of a five-member board to administer the code. Members of such board, to be known as the Board of Ethics, shall be appointed by the County Executive and confirmed by the Council for staggered terms. A member of the board can only be removed by the County Executive subject to approval by the Council. Not more than three members of the Board shall be members of the same political party.

No officer or employee of the County, whether elected or appointed, shall in any manner whatsoever be interested in, or receive any benefit from, the profits or emoluments of any contract, job, work, or service for the County. No such officer or employee shall accept any service or thing of value, directly or indirectly, upon more favorable terms than those granted to the public generally, from any person, firm, or corporation having dealings with the County; nor shall they receive, directly or indirectly, any part of any fee, commission, or other compensation paid or payable by the County, or by any person in connection with any dealings with the County, or by any person in connection with any dealings or proceedings before any agency of the County government. No such officer or employee shall directly or indirectly be the broker or agent who procures or receives any compensation in connection with the procurement of any type of bonds for County officers, employees, persons, or firms doing business with the County. No such officer or employee shall solicit any compensation or gratuity in the form of money or otherwise for any act or omission in the course of their public work, except as provided by law or interstate compact; provided that the head of any department or board of the County may permit an employee to receive a reward publicly offered and paid for the accomplishment of a particular task. The provisions of this Section shall be broadly construed and strictly enforced for the purpose of preventing officers and employees from securing any pecuniary advantages, however indirect, from their public associations, other than their compensation provided by law. In order to guard against injustice, the Board of Ethics may, by resolution, specifically authorize any County officer or employee to own stock in any corporation or to maintain a business in connection with any person, firm, or corporation dealing with the County, if, on full public disclosure of all pertinent facts to the Board of Ethics by such officer or employee, the Board of Ethics shall determine that such stock ownership or connection does not violate the public interest. Any officer or employee of the County who willfully violates any of the provisions of this Section shall forfeit their office. If any person shall offer, pay, refund, or rebate any part of any fee, commission, or other form of compensation to any officer or employee of the County in connection with any County business or proceeding, they shall, on conviction, be punishable by imprisonment for not less than one or more than six months or a fine of not less than $100.00 or more than $1,000.00, or both. Any contract made in violation of this Section may be declared void by the County Executive or by resolution of the Council. The penalties in this Section shall be in addition to all other penalties provided by law.

No officer or employee of the County, elected or appointed, shall compel any other officer or employee of the County to do or perform any private service or work outside of their public office or employment.

No officer or employee of the County, elected or appointed, whose compensation is fixed, in whole or in part, by this Charter, the laws of the County, or its personnel regulations, shall be entitled to any other compensation from the County for performance of public duties, except expenses for travel and subsistence incident to the performance of their official duties as prescribed by law.

The Council shall not appropriate or approve any funds for any agency which receives or disburses County funds, other than for the immediate staff of the County Executive and the Council, to be used for the purpose of securing the passage or defeat of any legislation. No officer appointed by the County Executive or by the Council may, in their official capacity, recommend or request the passage or defeat of any legislation without the express prior approval of the County Executive or of the Council. Nothing herein shall preclude any officer or employee from providing public data or information in response to any official inquiry or making any recommendation required by law. Every officer or employee shall provide public data or information to the Council in response to an official inquiry or when making any recommendation required by law.

Except as required by State law or the terms of any certificate of indebtedness outstanding on the effective date of this Charter, the Council shall have no power to levy any ad valorem tax on real or personal property for the benefit of any particular agency which receives or disburses County funds. Any ad valorem tax on real or personal property, with the aforementioned exceptions, shall accrue only to the general fund of the County.

Officers of the executive branch who have possession of or control over any funds of the County shall be bonded for the faithful performance of their duties in such sum as may be fixed and with sureties to be approved by the Council on recommendation of the County Executive. Surety bond premiums shall be paid by the County.

The Council shall designate one or more County newspapers of record and shall designate two or more primary sources of County maintained electronic media available to the public for the publication and transmission of official County notices. Such designation shall be for at least one year and shall, insofar as possible, provide County-wide access. At least four weeks' public notice shall be given prior to any change in newspapers of record. Where a newspaper of record is sold to or merged with another newspaper, the designation shall continue in the new newspaper if circulation is continued to the previous subscribers, unless the designation is declined by the paper. Where the circulation of a newspaper of record is not continued, or the designation is declined, for any reason, the County Council may designate another newspaper of record without public notice for a temporary or permanent period.

The Council shall provide by law a system for establishing prevailing hours and wages for all contractors and subcontractors performing work for the County government. Said law shall establish a Wage Determination Board of the purpose of administering the provisions thereof. Said board shall be composed, in part, of representatives of industry and labor.

The Council shall adopt a County Seal. The Seal shall contain the corporate name of the County and such other information or insignia as the Council may determine. The County Executive, the Chief Administrative Officer, the Clerk of the Council, and such other officers as may be specified by law shall have power to attest to the County Seal.

The Council shall provide for the custody and safekeeping of all deeds, bonds, contracts, releases, and other papers and instruments involving the interests of the County.

The Council shall have the power to administer oaths, to compel the attendance of witnesses, and to require the production of records and other materials in connection with any investigation, inquiry, or hearing authorized by law or by this Charter. The Council may delegate its powers recited herein.

The failure to mention a particular power to enumerate similar powers in this Charter shall not be construed to exclude such powers or to restrict the authority that the County would have if the particular power were mentioned or the similar powers enumerated. The Charter shall be liberally construed to the end that, within the limits imposed by the Charter and by the Constitution and laws of the State, the County shall have all powers necessary for the conduct of its affairs.

If any article, section, subsection, sentence, clause, or phrase of this Charter shall be held unconstitutional, invalid, or inapplicable to any person or circumstance, then it is intended and declared by the people of the County that all other articles, sections, subsections, sentences, clauses, or phrases of the Charter and their application to all other persons and circumstances shall be separable and shall not be affected by any such decision.

This Charter shall be known and may be cited as "The Prince George's County Charter."

As used in this Charter or the schedule of legislation attached hereto: