§ 6-1. Applicability.
The provisions of this chapter shall apply to the following Berlin officials and employees:

1. A. The Mayor of the Town of Berlin.
2. The members of the Town Council of the Town of Berlin.
3. The members of the Board of Zoning Appeals.
4. The members of the Planning and Zoning Commission.
5. The members of the Historic District Commission.
6. The members of the Board of Election Supervisors.
7. The members of any other official board appointed by the Mayor and/or Town Council subsequent to the passage of this chapter.
8. The employees of the Town.

§ 6-2. Ethics Commission.
There shall be a Berlin Ethics Commission, which shall be composed of three members appointed by the Mayor with the approval of the Council. The members shall be appointed for terms of three years, except that, in making the initial appointments, some appointments shall be established for less than three years in order that, as these initial terms expire, all appointments shall be for three years and shall not expire at the same time. Members of the Commission are eligible for reappointment The Commission shall be advised by the Town Attorney and shall have the following responsibilities:

1. To devise, receive and maintain all forms generated by this chapter.
2. To provide published advisory opinions to persons subject to this chapter as to the applicability of the provisions of this chapter to them.
3. To process and make determinations as to complaints filed by any person alleging violations of this chapter.
4. To conduct a public information program regarding the purposes and application of this chapter.

§ 6-3. Conflicts of interest.
Berlin officials and employees who are subject to this chapter shall not:

1. Participate on behalf of the Town in any matter which would have a direct financial impact on them, their spouse or dependent child or a business entity with which they are affiliated;
2. Hold or acquire an interest of either $5,000 or 50% or greater in a business entity that has or is negotiating a contract of $5,000 or more with the Town or is regulated by their agency without disclosing the same;
3. Be employed by a business entity that has or is negotiating a contract of more than $5,000 with the Town or is regulated by their agency without disclosing the same;
4. Hold any outside employment relationship that would impair their impartiality or independence of judgment;
5. Represent any party, for a contingent fee, before any town body;
6. Within one year following termination of town service, act as a compensated representative of another in connection with any specific matter in which he participated substantially as a town official or employee;
7. Solicit or accept gifts of any value from any person who has or is negotiating a contract with the Town or is regulated by its agency, except where such gifts would not present a conflict of interest as determined by the Commission. For purposes of this section, "gift" includes the transfer of anything of economic value, regardless of form, without adequate and lawful consideration; [Amended 11-9-1992 by Ord. No. 92-15]
8. Use the prestige of their office for their own benefit or that of another; or
9. Use confidential information acquired in their official town position for their own benefit or that of another.

§ 6-4. Financial disclosure.

1. The Town officials and employees listed in Subsection C of this section shall file annually, no later than January 31 of each calendar year during which they hold office, a statement with the Commission disclosing any gifts received during the preceding calendar year from any person having a contract with the Town or any person regulated by their agency. The statement shall identify the donor of the gift and its approximate retail value at the time of receipt.
2. Candidates for elective offices listed in Subsection C of this section shall file statements consistent with the requirements of Subsection A of this section at the time that they file their certificate of candidacy.
3. Officials and employees required to file.
1. The Mayor of the Town of Berlin.
2. The members of the Town Council of the Town of Berlin.
3. The members of the Board of Zoning Appeals.
4. The members of the Planning and Zoning Commission.
5. The members of the Historic District Commission.
6. The members of the Board of Election Supervisors.
7. The members of any other official board appointed by the Mayor and/or Town Council subsequent to the passage of this chapter.
8. The employees of the Town.
4. All town officials and employees or candidates for elective office to positions subject to this chapter shall file a statement with the Commission disclosing any interest or employment, the holding of which would require disqualification from participation pursuant to § 6-3 of this chapter, sufficiently in advance of any anticipated action to allow adequate disclosure to the public.
5. Disclosure statements filed pursuant to this section shall be maintained by the Commission as public records available for public inspection and copying. A suitable repository for all Ethics Commission records and documents required by this chapter shall be maintained by the Town in its administrative offices.

§ 6-5. Lobbying disclosure.

1. Any person who personally appears before any town official or employee with the intent to influence that person in the performance of his official duties and who, in connection with such intent, expends or reasonably expects to expend in any given calendar year in excess of $500 for food, entertainment or other gifts for such officials shall file a registration statement with the Commission no later than January 15 of the calendar year or within five days after first making such appearance.
2. The registration statement shall include completed identification of the registrant and of any other person on whose behalf the registrant acts. It shall also identity the subject matter on which the registrant proposes to make such appearance and shall cover a defined registration period not to exceed one calendar year.
3. Registrants under this section shall file a report within 30 days after the end of any calendar year during which they registered, disclosing the value, date and nature of any food, entertainment or other gift provided to a town official or employee. Where a gift or series of gifts to a single official or employee exceeds $100 in value, the official or employee shall also be identified.
4. The registrations and reports filed pursuant to this section shall be maintained by the Commission as public records available for public inspection and copying. A suitable repository for all Ethics Commission records and documents required by this chapter shall be maintained by the Town in its administrative offices.

§ 6-6. Exemptions and modifications.
The Commission may grant exemptions and modifications to the provisions of §§ 6-3 and 6-4 of this chapter if it determines that application of those provisions would:

1. Constitute an unreasonable invasion of privacy;
2. Significantly reduce the availability of qualified persons for public service; and
3. Not be required to preserve the purposes of this chapter.

§ 6-7. Enforcement; violations and penalties.

1. The Commission may issue a cease-and-desist order against any person found to be in violation of this chapter and may seek enforcement of any such order in the Circuit Court for Worcester County, Maryland.
2. A town official or employee found to have violated this chapter may be subject to disciplinary or other appropriate personnel action, including suspension of town salary or other compensation.
3. Violation of this chapter shall be a misdemeanor subject to a fine of up to $500 or imprisonment of up to one year.

1. Editor’s Note: This ordinance also superseded former Ch. 6, Ethics, adopted 2-23-1982 by Ord. No. 82-1.