City of Hyattsville Council Work Session/Special Council Meeting Monday, March 12, 2012 8:00 p.m.

Table of Contents Agenda 2 Facility Assessment Study Facility Assessment Form - Discussion Only 4 Facility Assessment Project Timeline 5 Management of Council-Approved Projects and Initiatives Management of Council-Approved Projects and Initiatives Form - Discussion Only 6 Background Information - Staff comments on proposed motion 8 Code of Ethics Code of Ethics - Discussion Only 11 Code of Ethics Ordinance 12 Elected Official Disclosure Form 28 Exchange Server Hosting Exchange Server Hosting Form - Discussion Only 45 Exchange Server Hosting Briefing Memo 46 Cloud Exchange Server Options 48 HyperOffice 52 Motion to Close the Special Council Meeting of March 12, 2012 Agenda Item Form - Motion# 52-03-12 64 1

City of Hyattsville Council Work Session/Special Council Meeting Monday, March 12, 2012 8:00 p.m. AGENDA 1. Call to Order and Council Roll Call 2. Pledge of Allegiance to the Flag 3. Approval of the Agenda 4. Public Comment (8:10 p.m. 8:20 p.m.) (Limit 2 minutes per speaker) 5. Discussion Items (8:20 p.m. 10:05 p.m.) Facility Assessment Study (45 minutes) Tartaro Next Step: Continued Discussion 3/19/12 Management of Council-Approved Projects and Initiatives (20 minutes) Hollingsworth Code of Ethics (20 minutes) Tartaro Next Step: Await Approval from the State Ethics Commission Exchange Server Hosting (20 minutes) McKnight Next Step: After the discussion possible action on the item may take place 6. Community Notices and Meetings See attached Calendar 7. Motion to Close Motion# 52-03-12 Motion to Close the Special Council Meeting of March 12, 2012 I move that the Mayor and Council close the Special Council Meeting of March 12, 2012, to discuss personnel issues. Tartaro 8. Motion to Return to Open Session 9. Motion to Adjourn 2

Hyattsville, MD - Official Website http://www.hyattsville.org/calendar.aspx?preview=yes&view=list 1 of 1 3/9/2012 9:22 AM City of Hyattsville Calendar March 2012 Su M Tu W Th F Sa 26 27 28 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Main City Calendar Council Work Session March 12, 8:00 PM - 10:00 PM @ 4310 Gallatin Street More Details Code Enforcement Advisory Committee Meeting March 15, 7:00 PM - 8:00 PM @ 4310 Gallatin Street More Details Council Meeting March 19, 8:00 PM - 10:00 PM @ 4310 Gallatin Street More Details Planning Committee Meeting March 20, 7:30 PM - 8:30 PM @ 4310 Gallatin Street More Details Hyattsville Environmental Committee Meeting March 21, 7:30 PM - 8:30 PM @ 4310 Gallatin Street More Details Public Hearing: Real Property Tax Rate March 26, 7:30 PM - 8:00 PM @ 4310 Gallatin Street Third Floor Council Chambers More Details Council Meeting & Budget Work Session March 26, 8:00 PM - 10:00 PM @ 4310 Gallatin Street More Details

Title Facility Assessment Study Motion # Recommendation Discussion Only Sponsored By Tartaro Department Background All Facilities Assessment documents were included on CD in the March 5th Council Packet, including: 1. Property Conditions Reports 2. As-Built Architectural Plans 3. Space Utilization Analysis 4. Preliminary 20- Year Facilities Capital Improvement Plan 5. Presentations Anticipated Staff Resources Required to Implement City Administrator - Department Director Comments Strategic Goals and Actions Goal 3 Enhance a Safe and Pleasant Community Action 3.3 Effectively manage and invest in community amenities and City infrastructure including streets, sidewalks and other public facilities Current Year Budget Impact Date To Go Before Council March 12, 2012 4

20-YEAR CITY FACILITIES CAPITAL IMPROVEMENT PLAN Original Sequencing 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Fiscal Year FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23 FY24 FY25 FY26 Arcade Building D C C 3505 Hamilton D M M M M M M D C C C 4310 Gallatin (Temp) M M M M 4310 Gallatin (Final) D C C C DPW Operations Yard D C C M C M M M Magruder Park Building C C M M M M M M M M C C Alternative Sequencing 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Fiscal Year FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23 FY24 FY25 FY26 Sequenced Track Arcade Building D C 3505 Hamilton D C C 4310 Gallatin M M D C C Independent Track DPW Operations Yard M M D D C C Magruder Park Building M M M D C C Key D = Design C = Construction M = Maintenance 5

Title Management of Council-Approved Projects and Initiatives Motion # Recommendation Discussion Only - I move that the Mayor and City Council nullify Motion #15-01-11 regarding the appointment of a council representative for matters concerning the Facilities Assessment passed by the Council on January 18, 2011. I further move that the Council shall as a body represent itself in all matters relating to the Facility Assessment Process, modifications to City buildings not of an urgent maintenance nature, citywide infrastructure projects (pending or active), and other council-approved projects and initiatives. I further move that the Director of the department with project oversight of council-approved projects and initiatives is empowered to complete, or facilitate completion of, related projects initiated and as approved/directed by the Council. Council member(s) of Wards immediately impacted by such projects shall be notified, in advance, of all meetings concerning the same with an invitation to attend. I further move that the Director of the department with project oversight must submit for the Council s consideration regular project status reports and/or collateral. Definition of regular shall be determined by the Director and Council upon project approval. Notice of any modifications to or deviations from approved project plans including such modifications granted in the exercise of the executive powers afforded by the Mayor must be submitted to the Council by the Director of the department with project oversight as an information item. Project status reports and/or briefing memos to the Council, and any supporting material prepared by or for the City of Hyattsville, in satisfaction of this requirement must be submitted directly to the City Administrator and City Clerk for inclusion in the next available Council Packet. Such reports, if given to the Mayor or other committee of the Council simultaneously, shall be made available immediately to remaining members of the Council. This motion shall also apply retroactively to all councilapproved projects and initiatives, including those currently in progress. Sponsored By Hollingsworth Department Legislative Background The City is currently undertaking several projects and initiatives that require the attention of several departments with impacts on multiple wards within the City. It is important that all council members are aware of project/initiative progress in order to better serve residents and satisfy his/her duties as an elected official. This motion is an effort to increase transparency, empower staff, establish accountability for project management, and restore proper checks and balances. 6

Anticipated Staff Resources Required to Implement City Administrator - Department Director Comments Strategic Goals and Actions Goal 1 Ensure Transparent and Accessible Governance Goal 4 Foster Excellence in All City Operations Current Year Budget Impact Date To Go Before Council March 12, 2012 7

City of Hyattsville Memo To: Mayor Tartaro City Council Members From: Douglas K. Holland, Acting City Administrator Date: March 8, 2012 Re: Attorney and Staff Comments Regarding Draft Motion The purpose of this memorandum is to summarize Attorney and staff comments related to Council Member Hollingsworth s draft motion titled Management of Council-Approved Projects and Initiatives. The City Attorney responded that Motion # 15-01-11 would become inoperative or without any effect after Council Member Tartaro vacated his seat to become Mayor. The following comments are provided verbatim from City Department Directors and Managers. Response # 1 Response # 2 I would question what the real underlying purpose is of the motion. What is the desired outcome? As for the motion itself, it looks like it would have some unintended consequences. For example, the motion appears to cover everything we do. Further, if 6 council members are present then the meeting(s) would have to be open. This also adds a huge administrative burden to many of the department heads. 1. This is considerable new work. If we add regular project status reports and/or collateral and project status reports and/or briefing memos, we will simply be out of hours in the week. In January 2011, we added weekly reports. In May 2011, we added briefing memos to support agenda items. How can we add additional administrative work of a sophisticated, time-intensive nature without adding additional staff? 1 8

2. Some projects are Ward-specific, but many impact two, three, or four Wards, if not the entire City. This motion would likely create dozens of additional public meetings under the Maryland Open Meetings Act. (The criteria for determining an Open Meeting is who is in the room and the potential to conduct public business, not what the meeting is called. See http://www.oag.state.md.us/opengov/openmeetings/chap2.pdf.) 3. Assuming we could satisfy the Open Meetings Act requirements, we d have another issue: the media would be entitled to attend and report on these meetings, and therefore would routinely report on projects in process. Local press members do routinely attend committee meetings, so they would likely attend these, too. Response # 3 1. There is no distinction being made between project deliverables and project management documents. I consider plans a deliverable that is integral to the completion of the project as compared to meeting minutes which are useful to the project manager in managing the project. 2. How would the retroactive part of the motion be implemented? This could be burdensome. 3. A City wide project could potentially result in all Council Members being notified of and invited to attend a project meeting. This has the potential to impede the effectiveness of the meeting. Also what would be the Council members roll in attending just to observe or to interact? Response # 4 1. The agenda item really needs to include a statement of purpose and recommend a clear process. 2. The City has neither the availability of Directors or Administrative Staff to develop additional reports beyond the existing weekly & monthly reports. 3. All Facilities Assessment materials have been distributed to the Council, therefore any language related to availability of materials and documents are unnecessary. 4. The motion, as I read it, is requesting full access to the materials provided to the executive committee. My suggestion is that the item is rewritten to clearly state just that... All materials submitted for executive committee review are distributed via email to the Council prior to the executive committee meeting. In addition, any comments provided by executive committee are provided to the entire Council via email. 5. I agree that Council Members which reside in the Ward in which a capital improvement project is taking place should be advised of meetings related to the project and invited to Page 2 9

meetings, if appropriate; however the meeting date should not be based on the availability of the Council member. 6. The day-to-day management of duties related to building facilities and capital projects should reside with the respective Department Director and/or their staff. The Council should provide directives and goals, but should not be involved in the day-to-day activities, (i.e. deciding whether or not a light bulb or door needs to be replaced). Page 3 10

Title Code of Ethics Motion # Recommendation Discussion Only Sponsored By Tartaro Department Background Anticipated Staff Resources Required to Implement City Administrator - Department Director Comments Strategic Goals and Actions Current Year Budget Impact Date To Go Before Council March 12, 2012 11

CITY OF HYATTSVILLE ORDINANCE 2012- An Ordinance whereby the City Council modifies its Ethics Ordinance to comply with current State Law as to financial reporting by elected officials and candidates. WHEREAS, Maryland Code, 15-801, et seq., of the State Governmental Article requires municipal corporations to enact more detailed reporting provisions for the purposes of ensuring compliance with ethics laws and requires that the state ethics commission shall approve all Municipal Ethics ordinances; and WHEREAS, the Mayor and City Council deem it in the best interest of its citizens and of good government to modify Chapter 10 of the City of Hyattsville s Code to comply with the new reporting requirements of State Law. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Hyattsville in regular session assembled that Chapter 10 of the Hyattsville Code is hereby amended to read as follows: THE CITY OF HYATTSVILLE CODE OF ETHICS 10-1. Applicability. 10-2. Establishment of Ethics Commission; responsibilities. 10-3. Regulations and Final Orders of the Commission. 10-4. Judicial Review. 10-5. Confidentiality 10-6. Conflicts of Interest and Prohibitions 10-7. Solicitation and/or acceptance of gifts. 10-8. Exemption or modification of provisions 10-9. Filing of financial disclosure statement. 10-10. Filing of conflict disclosure statement Filing of Financial Statements by Non-Elected Officials. 10-11. Filing of registration statement; contents 10-12. All disclosure statements to be filed with Commission and open to public inspection. 10-13. Definitions 10-14. Enforcement; violations and penalties 10-1. Applicability. 12

Except as provided in 10-9, the provisions of this chapter shall apply to the Mayor, City Council members, City Administrator, Treasurer, Clerk, department heads, members of City boards and commissions, all City employees, candidates for elective City office and persons lobbying under 10-11 before City officials, boards or commissions. 10-2. Establishment of Ethics Commission; responsibilities. A. Appointment & Term. There shall be a City Ethics Commission, composed of five (5) members, appointed by the Mayor and approved by the City Council. The tenure of each member shall be three (3) years or until a successor is appointed, whichever is longer, and members may only be removed for cause. The Commission shall be advised by the advisor to the Commission who shall ordinarily be the City Attorney. The advisor to the Commission shall assist the Commission in fulfilling its duties and powers and shall act on behalf of the Commission if it is unable to do so for any reason. B. Duties and Powers 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 or that may violate this chapter or any election finance law of the City. 3. To investigate, process and make determinations as to any conduct or violations of this chapter, complaints filed by any person alleging violations of this chapter or any election finance law by persons subject to this act. 4. To conduct a public information program regarding the purposes and application of this chapter. 5. To adopt regulations to implement this chapter. 6. To act in an official capacity only when a quorum of at least 3 members are present. If the Commission is unable to assemble a quorum, the advisor to the Commission shall act in their absence. 7. To issue subpoenas for persons and evidence and to judicially enforce such subpoenas. 10-3. Regulations and Final Orders of the Commission. A. The Commission shall issue regulations including but not limited to procedures for advisory opinions, written statements of complaints, investigations, notice to complainants and respondents, opportunity to cure, dismissal of complaints, preliminary and adjudicatory hearings, the issuance of subpoenas by the Commission for witnesses and evidence, and final written orders. Such regulations shall be modeled whenever practical on any state ethics laws or regulations and must be approved by the City Council. B. If, after a hearing, the Commission determines that a violation has occurred, the Commission shall issue an order which may include, but is not limited to, any of the following: 13

1. Direction to the respondent to cease and desist from the violation; 2. A written reprimand; or 3. Recommendation to the City Council or appropriate authority any discipline of the respondent, including censure or removal, if that discipline is authorized by law. C. The Commission shall submit to the City Council, the Complainant and the Respondent a written copy of any order issued if a violation is found. 10-4 Judicial Review. A. If the Respondent is aggrieved by a final order of the Commission, the Respondent may seek judicial review as provided in title 10, Subtitle 2 of the State Government Article (Administrative Procedure Act Contested Cases). B. The order of the Commission is stayed automatically until the time for seeking judicial review has expired. C. The filing of a Petition for Judicial Review does not automatically stay the enforcement of the order. 10-5. Confidentiality. A. Except as provided below, any investigation, written statement or complaint, including the proceedings, meetings, and activities of the Commission and its staff relating to such are confidential and may not be disclosed by the Commission or staff, complainant, or respondent. B. Disclosures allowed: 1. The Commission may release any information at any time if the Respondent agrees in writing to the release and the release, in the discretion of the commission, would not adversely impact any other person, business entity or entity. 2. On request of the Respondent, the Commission at any time shall disclose the identity of the complainant to the respondent. 3. If the Commission, while considering a matter, finds that there are reasonable grounds to believe that a person or entity may have committed a criminal offense, the Commission promptly shall refer the matter to an appropriate prosecuting authority, and the commission shall make available to the prosecuting authority all pertinent evidence under its control. 4. Upon a finding of a violation, the records of the proceedings and investigation shall be public. 14

10-6. Conflicts of interest and prohibitions 1 A. All City elected officials, officials appointed to City boards and commissions subject to this chapter, and employees are subject to this section. B. Unless otherwise permitted by Commission regulation or opinion, or in the exercise of an administrative or ministerial duty that does not affect the disposition or decision of the matter at issue, an official or employee may not participate on behalf of the City in: 1. Any matter in which, to the knowledge of the official or employee, the official or employee, or a qualified relative of the official or employee has an interest. 2. Any matter in which any of the following is a party: 1 Persons or entities who are subject to this chapter shall not: A. Participate on behalf of the City in any matter which would have a direct financial impact on them, any family member or a business entity in which they have a financial interest. B. Hold or acquire or allow a household member to hold or acquire a financial interest in a business entity that has or is negotiating a contract with the City or is regulated by the City or one (1) of its departments, except where the interest is too remote and unsubstantial to affect the public action of the person involved. C. Be employed by a business entity that has or is negotiating a contract of more than two thousand five hundred dollars ($2,500.00) with the City or is subject to the regulatory jurisdiction of the City, except where the interest of the applicable person is found too remote and unsubstantial to affect the integrity of his public action. D. Represent any party, for a contingent fee, before any City body. E. Intentionally use the prestige of office or position for that official s or employee s private gain or that of another. F. Within one (1) year following termination of City service, act as a compensated representative of another in connection with any specific matter in which he participated substantially as a City official or employee. G. Engage in any improper action that could cause a family member to be hired, employed, promoted, transferred, disciplined in any paid employment with the City. H. Permit or facilitate the unauthorized use of City-owned facilities, vehicles, equipment, materials or personnel for private matters or profit. I. Other than in the discharge of his/her official duties, shall not disclose or use for his/her own economic benefit or that of another confidential information which he/she acquired by reason of his/her public position and which is not available to the public. 15

i. A business entity in which the official or employee has a direct financial interest of which the official or employee may reasonably be expected to know; ii. A business entity for which the official, employee or, a qualified relative of the official or employee is an officer, director, trustee, partner, or employee; iii. A business entity with which the official or employee or, to the knowledge of the official or employee, a qualified relative is negotiating employment or has any arrangement concerning prospective employment. iv. If the contract reasonably could be expected to result in a conflict between the private interests of the official or employee and the official duties of the official or employee, a business entity that is a party to an existing contract with the official or employee, or which, to the knowledge of the official or employee, is a party to a contract with a qualified relative; v. An entity, doing business with the City, in which a direct financial interest is owned by another entity in which the official or employee has a direct financial interest, if the official or employee may be reasonably expected to know of both direct financial interest; or vi. A business entity that: a. The official or employee knows is a creditor or obligee of the official or employee or a qualified relative of the official or employee with respect to a thing of economic value; and b. As a creditor or obligee, is in a position to directly and substantially affect the interest of the official or employee or a qualified relative of the official or employee. 3. A person who is disqualified from participating under paragraphs 1 or 2 of this subsection shall disclose the nature and circumstances of the conflict and may participate or act if: i. The disqualification leaves a body with less than a quorum capable of acting; ii. The disqualified official or employee is required by law to act; or iii. The disqualified official or employee is the only person authorized to act. 4. The prohibitions of paragraph 1 and 2 of this subsection do not apply if participation is allowed by regulation or opinion of the Commission. 5. All persons subject to this chapter shall file a statement with the Commission disclosing any interest or employment, the holding of which would require 16

disqualification from participation pursuant 10-6 of this chapter, as soon as possible and at least seven (7) days before such matter is scheduled to occur. C. Employment and financial interest restrictions. 1. Except as permitted by regulation of the Commission when the interest is disclosed or when the employment does not create a conflict of interest or appearance of conflict, an official or employee may not: i. Be employed by or have a financial interest in any entity: a. Subject to the authority of the official or employee or the City agency, board, commission with which the official or employee is affiliated; or b. That is negotiating or has entered a contract with the agency, board, or commission with which the official or employee is affiliated; or ii. Hold any other employment relationship that would impair the impartiality or independence of judgment of the official or employee. 2. This prohibition does not apply to: i. An official or employee who is appointed to a regulatory or licensing authority pursuant to a statutory requirement that person subject to the jurisdiction of the authority be represented in appointments to the authority; ii. Subject to other provisions of law, a member of a board or commission in regard to a financial interest or employment held at the time of appointment, provided the financial interest or employment is publicly disclosed to the appointing authority and the Commission; iii. An official or employee whose duties are ministerial, if the private employment or financial interest does not create a conflict of interest or the appearance of a conflict of interest, as permitted by and in accordance with regulations adopted by the Commission; or iv. Employment or financial interests allowed by regulation of the Commission if the employment does not create a conflict of interest or the appearance of a conflict of interest or the financial interest is disclosed. D. Post-employment limitations and restrictions. 1. A former official or employee may not assist or represent any party other than the City for compensation in a case, contract, or other specific matter involving the City if that matter is one in which the former official or employee significantly participated as an official or employee. 17

2. Until the conclusion of twelve months after the elected official leaves office, a former member of the City may not assist or represent another party for compensation in a matter that is subject of legislative action. E. Contingent compensation. Except in a judicial or quasi-judicial proceeding, an official or employee may not assist or represent a party for contingent compensation in any matter before or involving the City. F. Use of prestige of office. 1. An official or employee may not intentionally use the prestige of office or public position for the private gain of that official or employee or the private gain of another. 2. This subsection does not prohibit the performance of usual and customary constituent services by an elected local official without additional compensation. 10-7 Solicitation and/or acceptance of gifts. 2 2 A. An official or employee may not solicit any gift. For purposes of this section, a gift shall include the transfer of anything of economic value, except a political campaign contribution, without adequate and lawful consideration. B. No official or employee or family member of the official or employee may knowingly accept any gift, directly or indirectly, from any person: (1) Employed by an entity regulated by the City, (2) Who is seeking, negotiating or doing business with the City or with any department of the City including those covered by 10-11 of this Chapter, or (3) Who has financial interests that may be substantially and materially affected, in a manner distinguishable from the public generally, by the official s or employee s official duty. C. Unless a gift of any of the following would tend to impair the impartiality and the independence of judgment of the official or employee receiving it, this section does not apply to: (1) Meals and beverages received and consumed in the presence of the donor. (2) Ceremonial gifts or awards which have insignificant monetary value. (3) Unsolicited gifts of nominal value or trivial items of informational value. (4) Reasonable expenses for food, travel, lodging, and scheduled entertainment of the official and spouse or the employee and spouse for a meeting which is given in return for participation in a panel or speaking engagement at the meeting. (5) Gifts of tickets or free admission extended to an elected official to attend a professional or intercollegiate sporting event or charitable, cultural or political events if the purpose of such gift or admission is a courtesy or ceremony of the office. 18

A. An official or employee may not solicit any gift. An official or employee may not directly solicit or facilitate the solicitation of a gift, on behalf of another person, from an individual regulated lobbyist. An official or employee may not knowingly accept a gift, directly or indirectly, from a person that the official or employee knows or has the reason to know: 1. Is doing business with or seeking to do business with the City office, agency, boards, or commission with which the official or employee is affiliated; 2. Has financial interests that may be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of the official duties of the official or employee; 3. Is engaged in an activity regulated or controlled be the official s or employee s governmental unit; or 4. Is a lobbyist with respect to matters within the jurisdiction of the official or employee. B. Paragraph C of this section does not apply to a gift: 1. That would tend to impair the impartiality and the independence of judgment of the official or employee receiving the gift; 2. Of significant value that would give the appearance of impairing the impartiality and independence of judgment of the official or employee; or 3. Of significant value that the recipient official or employee believes or has reason to believe is designed to impair the impartiality and independence of judgment of the official or employee. C. Notwithstanding paragraph A of this subsection, an official or employee may accept the following: (6) A specific gift or class of gifts which the Council or the Commission exempts from the operation of this section upon a finding, in writing, that acceptance of the gift or class of gifts would not be detrimental to the impartial conduct of the business of the City and that the gift is purely personal and private in nature. (7) Gifts from an individual related to the official or employee by blood or marriage; or from any other individual who is a member of the household of the official or employee; or from any person over whose financial affairs the person has legal or actual control. (8) Compensation for speaking at, participating in, or attending a meeting or function or for a publication when such speaking, participation, attendance or publication is not attributable to official duties. 19

1. Meals and beverages consumed in the presence of the donor or sponsoring entity; 2. Ceremonial gifts or awards that have insignificant monetary value; 3. Unsolicited gifts of nominal value that do not exceed $20.00 in cost or trivial items of informational value; 4. Reasonable expenses for food, travel, lodging, and scheduled entertainment of the official or the employee at a meeting which is given in return for the participation of the official or employee in a panel or speaking engagement at the meeting; 5. Gifts of tickets or free admission extended to an elected local official to attend a charitable, cultural, or political event, if the purpose of this gift or admission is a courtesy or ceremony extended to the elected official s office; 6. A specific gift or class of gifts that the Commission exempts from the operation of this subsection upon a finding, in writing, that acceptance of the gift or class of gifts would not be detrimental to the impartial conduct of the business of the City and that the gift is purely personal and private in nature; 7. Gifts from a person related to the official or employee by blood or marriage, or any other individual who is a member of the household of the official or employee; or 8. Honoraria for speaking to or participating in a meeting, provided that the offering of the honorarium is in not related in any way to the official s or employee s official position. D. Disclosure of confidential information. Other than in the discharge of official duties, an official or employee may not disclose or use confidential information, that the official or employee acquired by reason of the official s or employee s public position and that is not available to the public, for the economic benefit of the official or employee or that of another person. E. Participation in procurement. An individual or a person that employs an individual who assists a City agency in the drafting of specifications, an invitation for bids, or a request for proposals for a procurement may not submit a bid or proposal for that procurement or assist or represent another person, directly or indirectly, who is submitting a bid or proposal for the procurement. The Commission may establish exemptions from the requirements of this section for providing descriptive literature, sole source procurements, and written comments solicited by the procuring agency. F. Use of Equipment or Personnel. An official or employee may not allow, permit or facilitate the unauthorized use of City-owned facilities, vehicles, equipment, materials or personnel for private matters or profit. 10-8. Exemption or modification of provisions. 20

The Commission or, if appropriate, the Council may, after consultation with the City Attorney grant exemptions to or modifications of this chapter as to persons subject to this chapter where it finds that the application of this chapter would constitute an unreasonable invasion of privacy or otherwise constitute an unreasonable hardship and would significantly reduce the availability of qualified persons for public service and if it also finds that the exemption or modification would not be contrary to the purposes of this chapter. 10-9. Filing of financial disclosure statement. A. The persons listed in Subsections B & C of this section, 10-9, shall file annually, no later than January 31 of each calendar year, a financial disclosure statement with the Commission disclosing any business relationship with, any gifts or other compensation of a total of over twenty-five dollars ($25.00) received during the preceding calendar year by them or by any family member, from any person bidding on, negotiating or having a contract with the City or any person regulated by the City or one (1) of its departments. The statement shall identify the donor of the gift and its approximate retail value at the time of receipt. The financial disclosure statement shall be completed under oath or affirmation and on a form provided by the Commission. If a person listed in subsections B & C of this section has no relationship, gift or compensation to disclose pursuant to this subsection, he/she shall file a statement specifically denying any reportable business relationship, receipt of gift or other compensation by him/her or any family member during the relevant time. B. Officials and employees required to file under this section are the Mayor, members of the City Council, Administrator, Treasurer, Clerk, department heads and any appointed official on a board with decision-making authority, such as the election supervisors and the members of the ethics commission elected officials. The City Clerk and/or ethics commission shall create a disclosure statement form and no later than January 1, of each year the City Clerk shall send each person listed in this subsection the form and notice of their obligation to fill out and file the disclosure statement with the Clerk before January 31. C. Any individual who files as a candidate for elected municipal office in the City shall also file a Financial Disclosure Statement covering the twelve months immediately preceding the filing. D. At a minimum the financial disclosure statement form shall contain the following information: 1. A schedule of all interests in real property wherever located; 2. A schedule of all interests in any corporation, partnership, limited liability partnership, or limited liability corporation, regardless of whether the corporation or partnership does business with the City; 3. A schedule of all interests in any business entity that does business with City, other than interests reported under paragraph (2) of this subsection; 4. A schedule of each gift in excess of $20.00 in value or a series of gifts totaling $100.00 or more received during the reporting period from or on behalf of, directly or indirectly, any one person who does business with or is regulated by the City; 21

5. A schedule of all offices, directorships, and salaried employment by the individual or member of the immediate family of the individual held at any time during the reporting period with entities doing business with the City; 6. A schedule of all liabilities, excluding retail credit accounts, to persons doing business with the City owed at any time during the reporting period; 7. A schedule of the immediate family members of the individual employed by the City in any capacity at any time during the reporting period; 8. A schedule of the name and address of each place of employment and of each business entity of which the individual or a member of the individual s immediate family was a sole or partial owner and form which the individual or member of the individual s immediate family received earned income, at any time during the reporting period; and 9. A schedule of additional interests or information that the individual making the statement wishes to disclose. E. For the purposes of this section, the following interests are considered to be the interests of the individual making the statement: 1. An interest held by a member of the individual s immediate family, if the interest was, at any time during the reporting period, directly or indirectly controlled by the individual. 2. An interest held by a business entity in which the individual held a 30% or greater interest at any time during the reporting period. 3. An interest held by a trust or an estate in which, at any time during the reporting period: i. The individual held a reversionary interest or was a beneficiary; or ii. If a revocable trust, the individual was a settlor. 10-10. Filing of conflict disclosure statement Filing of Financial Disclosure Statements by Non-Elected Officials. All persons 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 10-6 of this chapter, as soon as possible and at least seven (7) days before such matter is scheduled to occur. A. All officials, including, but not limited to the Administrator, Treasurer, Clerk, department heads and any appointed official on a board with decision-making authority, such as the election supervisors and the members of the ethics commission shall: 22

1. File a financial disclosure statement when the personal interest of the official will present a potential conflict with the public interest in connection with an anticipated public action of the local official. The content of the financial disclosure statement shall be limited to the areas of potential conflict and shall be filed no less than seven days in advance of the action to allow for adequate public disclosure. 2. File a financial disclosure statement by January 31 of each year to report on gifts received by the local official. 10-10. Filing of registration statement; contents. A. Any person who personally appears before any City official or employee with the intent to influence that person in performance of his official duties and who, in connection with such intent, expends or reasonably expects to expend in a given calendar year in excess of one hundred dollars ($100.00) on food, entertainment or other gifts for such official shall file a registration statement with the Commission no later than January 15 of that calendar year or within five (5) days after first making such appearances. B. The registration statement, which shall be filed annually, shall include complete identification of the registrant and of any other person on whose behalf the registrant acts. It shall also identify the subject matter on which the registrant proposes to make such appearances. C. Registrants under this section shall file a report within thirty (30) days after the end of any calendar year during which they were registered, disclosing the value, date and nature of any food, entertainment or other gift provided to a City official or employee. Where a gift or series of gifts to a single official or employee exceeds one hundred dollars ($100.00) in value, the official or employee shall also be identified. 10-11. All disclosure statements to be filed with Commission and open to public inspection. All statements of disclosure required by this chapter shall be filed with the Commission and shall be available for public inspection and copying at the City Office during normal business hours. The City Clerk shall be the custodian of all records of the Commission. 10-12. Definitions. In this chapter the following words have the meanings indicated: Advisor to the Commission - the City Attorney for the City of Hyattsville, or at the discretion of the City Council, an attorney specially appointed to advise the Commission. Business Entity - Any corporation, limited liability company, general or limited partnership, sole proprietorship (including a private consulting operation), joint venture, unincorporated association or firm, institution, trust, foundation or other organization, whether organized for profit or not. Children - all biological and adopted children, stepchildren, wards, foster children, regardless of age. City - the City of Hyattsville. Commission - the Ethics Commission of the City of Hyattsville. 23

Complainant a person who files a written statement with the Ethics Commission alleging a violation of any of the provisions of this chapter or chapter 8 of this Code. Employee - a person hired and compensated to perform work for the City under the direct supervision of the City. The independent contractors the City may contract with, such as the City Attorney, auditors, architects, engineers, etc. are not employees. Employer - an entity that pays or agrees to pay compensation to another entity for services rendered. Family Member A. Any brother, sister, parent, child, spouse or domestic partner of a person subject to this chapter, or B. One who is related to a person subject to this chapter by blood, marriage, other legal arrangement (guardian, domestic partner) or adoption is a member of the person s household. Financial Interest - (1) ownership of an interest resulting in the receipt or entitlement of more than one hundred dollars ($100.00) within the past 3 years, currently, or in the future; or (2) ownership of more than 3% of a business entity by a City official or employee or his/her spouse. Gift - except as specified in 10-7C of this Chapter, the transfer of anything of economic value, regardless of form, without adequate and lawful consideration. Gift shall not include acceptance or the receipt of political contributions for an election campaign. Interest A. A legal or equitable economic interest, whether or not subject to an encumbrance or condition, that is owned or held wholly or partly, jointly or severally, or directly or indirectly. B. Interest shall not include: 1. An interest held in the capacity of agent, custodian, fiduciary, personal representative or trustee, unless the holder has an equitable interest in the subject matter; 2. An interest in a time or demand deposit in a financial institution; 3. An interest in an insurance policy, endowment policy, or annuity contract by which an insurer promises to pay a fixed amount of money in a lump sum; or 4. A common trust fund or a trust fund that forms part of a pension or a profitsharing plan that: 24

a. Has more than 25 participants; and b. Is determined by the internal revenue service to be a qualified trust under 401 or 501 of the internal revenue code. Household - sharing a person s legal residence. Official(s) - the Mayor and Council Members and member of any City Committee, Board or Commission. Respondent - any person named in a written statement filed with a complaint or initiated by the commission alleging a violation by such person of any of the provisions of this chapter or chapter 8 of this code. 10-13. Enforcement; violations and penalties. A. 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 such order in the Circuit Court of Prince George s County. B. A City employee found to have violated this chapter may be subject to dismissal, disciplinary or other appropriate personnel action, including suspension of City salary or other compensation. C. Any violation of this chapter shall be a municipal infraction, subject to a fine of up to five hundred dollars ($500.00). D. The City Council shall have the authority to take action against any City official upon the Commission s finding a violation by the official, including but not limited to censure, fine, refusal to seat a member and removal. AND BE IT FURTHER ORDAINED that if any provision of this Ordinance or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect the other provisions or any other applications of the Ordinance which can be given effect without the invalid provision or applications, and to this end, all the provisions of this Ordinance are hereby declared to be severable; AND BE IT FURTHER ORDAINED that this Ordinance shall take effect twenty (20) days from the date of its adoption; AND BE IT FURTHER ORDAINED that a fair summary of this ordinance shall forthwith be published twice in a newspaper having general circulation in the City and otherwise be made available to the public. INTRODUCED by the City Council of the City of Hyattsville, Maryland, at a regular public meeting on, 2012. 25

ADOPTED by the City Council of the City of Hyattsville, Maryland, at a regular public meeting on, 2012. Adopted: Attest: Mayor [ ] indicate deletions CAPS/BOLD indicate additions Asterisks * * * Indicate matter retained in existing law but omitted herein 26

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CITY OF HYATTSVILLE ELECTED OFFICIAL FINANCIAL DISCLOSURE STATEMENT FORM #1 1. Fill in the preliminary information requested in the box below. Be sure to identify correctly the reporting period. 2. Upon completion of your financial disclosure statement, sign and date the lower portion of the page and make the required oath or affirmation before a notary public or other officer authorized to take oaths. I Would Like To Be Notified If Someone Looks At My Form PLEASE PRINT OR TYPE Regular Reporting Period: January 1 through December 31, or Termination Report: January 1 through, FIRST NAME INITIAL LAST NAME CURRENT OFFICE ADDRESS (WHERE YOU CAN BE SENT CORRESPONDENCE) ELECTED OFFICIAL OFFICE FOR WHICH CERTIFICATE OF CANDIDACY IS BEING OR HAS BEEN FILED, IF ANY E-MAIL ADDRESS This financial disclosure statement describes all interests and related transactions and matters required to be disclosed by the City s Ethics Ordinance with respect to the period indicated and pertaining to the person filing the statement. The statement consists of this cover sheet, the checklist, and Schedules A through L. I hereby make oath or affirm under the penalties of perjury that the contents of this financial disclosure statement, including the Schedules attached hereto, are complete, true and correct to the best of my knowledge, information and belief. Signature of Person Filing: (SEAL) Date: Sworn to before me this day of Signature of Notary Public: Printed/Typed Name of Notary Public: My Commission Expires: 1 28

Instructions: Check the proper block to Questions A through I. Do not leave any questions unanswered. If you are required to check "Yes" to any question be sure to complete the corresponding Schedule. YES NO A. I held interests during reporting period in real property. (If "Yes," complete Schedule A.) A. B. I held interests during reporting period in corporations, partnerships and similar entities. (If "Yes," complete Schedule B.) B. C. I held interests in a non-corporate business entity which did business with the City, other than a partnership. (If "Yes", complete Schedule C.) C. D. I received gifts during reporting period from persons doing business with the City, regulated by the City, or registered or required to register as lobbyists. (If "Yes," complete Schedule D.) E. I or a member of my immediate family was a partner or held an office, directorship, or salaried employment during reporting period in or with a business entity doing business with the City. (If "Yes," complete Schedule E.) D. E. F. I or a member of my immediate family owed debts (excluding retail credit accounts) during reporting period to persons doing business with the City. (If "Yes," complete Schedule F.) F. G. A member of my immediate family was employed by the City of Hyattsville during reporting period. (If "Yes," complete Schedule G.) G. H. I or a member of my immediate family received a salary or was sole or partial owner of a business entity from which earned income was received, during the reporting period. (If "Yes," complete Schedule H.) Note: Read the instructions to Schedules I, J and K carefully prior to answering the questions regarding these schedules. H. I. I represented a person for compensation before a City agency other than in a judicial or quasi-judicial proceeding. I. J. I represented a City for compensation, or had a contractual relationship with the City or conducted a transaction with the City for monetary compensation. K. I, my spouse or dependent children together or separately have either 10% or more of the capital stock or stock worth $25,000 or more in a corporation subject to regulation by a City agency or any interest in a partnership, limited liability partnership or limited liability company subject to regulation by a City agency. L. Is additional information set forth on Schedule L? (If "Yes," complete Schedule L.) J. K. L. 2 29