City of Bowie, MD - City Code - Chapter 2

The Council shall prepare and file among the records of the corporation annually a report showing the amount of all money at its disposal for public expenditure during each Year terminating on the thirtieth day of June, the amount actually expended, and for what purpose, and the liabilities and credits of the City.

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Sec. 2-2. Duty to turn records over to successors.

The City Councilmen shall turn over to their successors after each election, when they shall have qualified and entered on the duties of their office, all the books, papers, and records and other City properties in their possession.

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ARTICLE II. PERSONNEL SYSTEM.

Division 1. Generally.

Sec. 2-3. Applicability of article.

All offices, employments and positions within the City service, except those filled by election of the people, offices of the City attorney, City Manager and such other appointments as may be required by statute, are hereby placed within the jurisdiction of the personnel system and shall be subject to such rules and procedures as may be included within this article or as set forth by resolution of the Council.

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Sec. 2-4. Responsibilities of City Council.

The Council shall:

(a) Adopt rules for the regulation of personnel matters in conformity with and in furtherance of this article.

(b) Approve, establish, modify or abolish all positions or classes of positions; provided, that in connection with the adoption of the annual budget for the City, the Council shall approve all proposed positions.

(c) Approve, establish or modify all salary schedules for classes of positions. The compensation plan shall take effect either by ordinance of the Council or by adoption as part of the annual budget of the City.

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Sec. 2.5. Definitions.

For purposes of this Chapter, the terms set forth below are defined as follows:

1. City: The City of Bowie.

2. City Manager: The City Manager or the City Manager's designee.

3. Part Time Employees: Regular employees who work less than the number of hours required of full time employees.

4. Proationary Period: Except for sworn police personnel, a period of 180 calendar days from the date on which an employee initially enters full time or part time employment with the City or any extension thereof. With respect to sworn police personnel, a period of 365 calendar days from the date on which an employee initially enters full-time or part-time employment with the City or any extension thereof.

5. Regular Employee: A full time or part time employee who has completed a probationary period and been evaluated as qualified for regular employment.

6. Seasonal Employees: Employees appointed to temporary or contractual positions required to serve seasonal activities.

7. Temporary Employees: Employees hired on a contractual, temporary, or emergency basis. Temporary employees are not entitled to the rights and benefits of this Article.

8. Time Calculations: Unless otherwise specified, time requirements under this Article are to be measured by regular working days and exclude week-ends and holidays.

(Sec. 2-5 4. amended by O-2-07, adopted 1/16/07, effective 2/15/07).

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Sec. 2-6. Work day; work week.

Except for employees who are subject to a collective bargaining agreement, hours of work shall be set by the City Manager based upon recommendations of the appropriate Department Head. Department Heads shall establish schedules for unpaid lunch breaks, work schedules and shifts.

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Division 2. City Manager.

Sec. 2-8. Appointment; duties generally; limitations on appointing council members as City Manager.

The Council shall appoint a person to be an officer of the City who shall have the title of City Manager and shall have the powers and perform the duties as provided in this division. No member of the Council shall receive such appointment during the term for which he shall have been elected, nor within two years the expiration of his term. The term City Manager shall be synonymous with the term "City Administrator."

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Sec. 2-9. Qualifications.

The City Manager shall be chosen by the Council solely on the basis of executive and administrative qualifications with special reference to his actual experience in, or knowledge of, accepted practice in respect to the duties of the office as set forth herein.

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Sec. 2-10. Compensation.

The Council shall from time to time and in compliance with the Charter of the City of Bowie, fix such compensation as they shall deem adequate for the City Manager. The Council may embody the terms and conditions governing the employment of the City Manager in a contract approved by Council resolution. (Sec. 2-10 amended by O-6-93, adopted 5/17/93, effective immediately.)

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Sec. 2-11. Removal.

The Council shall appoint the City Manager who shall serve at the pleasure of the City Council, provided however, that the Council may remove him/her by a majority vote of the entire Council upon thirty (30) days written notice to the City Manager. (Sec. 2-11 amended by O-6-93, adopted 5/17/93, effective immediately.)

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Sec. 2-12. Duties.

The City Administrator shall:

(a) See that this Code or other ordinances of the City are faithfully executed by the chief executive officer of the City, and be the head of the administrative branch of the City government.

(b) Subject to the terms of the Law Enforcement Officers Bill of Rights with respect to police personnel, appoint and remove all subordinate officers and employees of the City in accordance with the rules and regulations of any merit system which may be adopted by the Council.

(d) Make such recommendations to the Council as he deems proper for the public good and welfare of the City.

(e) Be the chief financial officer of the City. The financial powers of the City, except as otherwise provided for in this Article, shall be exercised by the City Manager.

(f) Prepare an annual budget to be submitted to the Council.

(g) Supervise and be responsible for the disbursement of all money and have control over all expenditures to assure that budget appropriations are not exceeded.

(h) Maintain a general accounting system for the City in such form as the Council may require but not contrary to state law.

(i) Submit at the end of each fiscal year and at such other times as the Council may require a complete financial report to the Council.

(j) Ascertain that all taxable property within the City is assessed for taxation.

(k) Collect all taxes, special assessments, license fees, liens, and all other revenues, including utility revenues of the City and all other revenues for whose collection the City is responsible, and receive any funds receivable by the City.

(l) Have custody of all public money, belonging to or under control of the City, except as to funds in the control of any set of trustees, and have custody of all bonds and notes of the city.

(m) Arrange for the taking of minutes of all Council meetings and keep a full and accurate account of the proceedings of the Council.

(n) Do such other things as the Council may require or as may be required elsewhere in the City Charter.

(o) Delegate any of the duties as listed in this section to the Assistant City Manager, as needed.

(Sec. 2-12 (o) added by O-21-89); (Sec. 2-12(b) amended by O-2-07, adopted 1/16/07, effective 2/15/07).

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Division 3. Personnel Officer.

Sec. 2-13. Designation.

The responsibility for implementing the provisions of this Article and for the general supervision of the personnel system is vested in the City Manager or the City Manager's designated Personnel Officer.

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Sec. 2-14. Functions.

The personnel officer shall be responsible for:

(a) Recommendations to the Mayor and Council for the establishment and the classification of all positions in the personnel system.

(b) Recommendations for, and after adoption by the Mayor and Council, the administration of rates of compensation covering all classes of positions in the personnel system. Such recommendations shall be included each year as a part of the budget recommendations of the City Manager.

(d) Recruiting, examining, investigating and determining qualification of applicants for all positions in the personnel system.

(e) The appointment, transfer, promotion, reclassification, demotion, suspension, dismissal, or any other change in status of an employee.

(f) Maintenance of such personnel records as may be required.

(g) Recommending measures calculated to increase efficiency and to promote the interest and welfare of employees.

(h) Devising necessary administrative procedures to execute the policies of the Mayor and Council.

(i) Administering such rules and procedures as may be set forth relating to the personnel system.

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Sec. 2-15. Duty to classify positions.

The personnel officer shall recommend classification of all of the positions in the personnel system, assigning to each the appropriate title, experience capacity, knowledge, skill and other qualifications including the minimum prerequisites to be required for appointment. This classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, and authority over character of work, are included within the same schedule of compensation can be made to apply with equity under like working conditions to all positions within the class. The classification plan so recommended shall be transmitted to the Mayor and Council for adoption. The personnel officer may reclassify positions within the limits of the annual adopted budget. Every position in the personnel system shall be allocated to one of the classes and thereafter the position title and class so established shall be used in all personnel, fiscal and other documents and correspondence of the City.

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Sec. 2-15A. Records, forms and reports.

(a) The Personnel Officer shall cause to be maintained a complete personnel file for each employee. Such file shall contain a personal history form or application form and all other records, memoranda or other data pertinent to the development of a complete record of the employee's service with the City. The Personnel Officer shall develop such other forms and procedures as may be required to carry out the provisions of this Article. Personnel records will be secured so as to ensure the confidentiality of their contents. No personal may have access to an employee's personnel file, or be provided information concerning its contents, except the employee, persons authorized in writing by the employee and the persons who supervise the employee's work.

(b) All information regarding an employee's medical condition, including the results of alcohol/drug screening and referral to the employee assistance program will be treated as a confidential medical record and will be maintained and secured separate from the employee's personnel file. No one will be allowed access to confidential medical records except the employee and those persons who require such access in order to make decisions concerning the employee's ability to perform the essential functions of the employee's job.

(c) The Personnel Officer shall cause to be maintained adequate current records for leave accounting, such records to be a part of the personnel and fiscal records of the City. (Formerly Sec. 2-57). Sec. 2-15A numbered administratively).

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Division 4. Plan of Compensation.

Sec. 2-16. Generally.

(a) The City Manager shall, when necessary, make recommendations to the Council for changes in base and maximum salaries for each class of position in the personnel system as established by the initial schedule to be adopted by the Council. If funds therefore have been appropriated in the City's operating budget, provision may be made for annual performance based salary increases for each class of position until the maximum salary is attained; provided, that prior to the granting of any performance based salary increase the supervisor of the employee concerned shall certify to the personnel officer that the employee has performed his duties satisfactorily for the preceding year, or in the case of probationary appointees from date of appointment, except as provided in Section 2-30.

(Sec. 2-16(a) amended by O-14-91, adopted 5/13/91, effective 6/12/91, O-7-93, adopted 6/21/93, effective 7/21/93.)

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Sec. 2-17. Eligibility for performance based salary increase.

(a) A performance based salary increase may be granted to all regular employees. Performance based salary increases will vary based upon individual performance evaluations and/or the achievement of departmental goals as determined by the City Manager.

(b) A new employee who has successfully completed the required probationary period by July 1st, but has worked less than one full year is eligible to receive a pro-rated performance based salary increase based upon the number of full months of employment worked by the employee in the preceding fiscal year.

(c) A new employee hired between January 1 and June 30 who has completed the required probationary period and has received a satisfactory individual performance evaluation is eligible to receive a pro-rated performance based salary increase at the conclusion of the probationary period based on the number of full months of employment in the preceding fiscal year.

(d) Employees who have achieved the maximum pay level for their position are not eligible for performance based pay increases, but shall continue to receive the cost of living increases approved by the City Council.

(e) In recognition of outstanding performance and contribution to City objectives, not more than once a calendar year, employees may also receive a bonus which will not increase their base salary. (Sec. 2-17 (a) through (e) added by O-7-93, adopted 6/21/93, effective 7/21/93.)

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Sec. 2-18. Performance based pay increment.

(a) Individual performance evaluations for all employees will be conducted prior to July 1 of each year. Subject to the availability of funds, approved performance based pay increases will take effect July 1st except for new employees hired between January 2 and June 30 who are eligible to receive a performance based pay increase at the conclusion of their probationary period as provided in Sec. 2-17(b) of this Chapter.

(b) Performance based increases will be based on (1) the employee's individual performance and/or (2) the overall performance of the employee's department in achieving the goals established for the department during the evaluation period.

(c) An employee who receives an unacceptable performance evaluation may receive the cost of living increases approved by the City Council, but is ineligible for a performance based salary increase and will be subject to an additional evaluation within a six month period. Two successive unacceptable evaluations are grounds for dismissal. (Sec. 1-18 (a) through (c) added by O-7-93, adopted 6/21/92, effective 7/21/93).

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Sec. 2-19. Salary upon promotion or reclassification.

No employee who is promoted or whose position is reclassified to a higher grade shall receive a salary or wage lower than that which the employee received prior to promotion or the reclassification of the position. In the event an employee is demoted or reassigned to a lower grade, the Personnel Officer shall set the employee's level of compensation within the employee's new classification.

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Sec. 2-20. Limitations upon salary.

No employee in the personnel system shall be paid a salary less than the established minimum nor greater than the maximum rates fixed in the compensation plan for the position he holds.

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Sec. 2-21. Reimbursement for use of personal vehicles.

Employees required to travel, or use personally owned vehicles, on official business for the City, shall be reimbursed at rates fixed by the Council, in its enactment of the City's budget but in no event shall reimbursement be used as a means of extending the compensation provisions of this Article.

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Sec. 2-22. Overtime compensation.

(a) Except as may otherwise be provided by collective bargaining agreement, hourly, clerical and technical employees who qualify as non-exempt under the Fair Labor Standards Act, shall be compensated at the rate of time and one-half of the employee's regular hourly rate of pay for hours worked in excess of forty per week; however, the City Manager may, as permitted by law, direct that compensatory leave at the time and one-half rate be granted in lieu of payment.

(b) Professional, administrative and supervisory employees through Grade 15, who qualify as exempt under the Fair Labor Standards Act, shall receive compensatory leave for overtime worked on a time for time basis for hours worked in excess of their normal work week.

(c) Public Works supervisory personnel through Grade 13 who qualify as exempt under the Fair Labor Standards Act shall receive overtime pay or credit to be taken as compensatory time computed at the rate of one and one half (1 1/2) hours for each hour worked over 40 hours in a workweek or for work performed outside the supervisor's work schedule. The City Manager shall determine the form of compensation for the performance of overtime work.

(d) Supplemental overtime. Non-exempt employees shall be paid at the rate of two times the employee's regular hourly rate of pay for work performed on the seventh consecutive full day of work.

(e) Computation of compensatory leave: All compensatory leave shall be computed on a calendar year basis.

(f) Accumulation of compensatory leave: Compensatory leave may be accumulated up to 240 hours in a calendar year but must be reduced to a maximum of 15 days by the end of each calendar year.

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Sec. 2-23. Effecting compensation plan.

The compensation plan shall take effect either by ordinance of the Council or by adoption as part of the annual budget of the City.

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Division 5. Appointments.

Sec. 2-24. Generally.

In the event that a vacancy occurs in any position established under the personnel system, the City Manager may seek applicants from inside or outside the City's employment service by advertisement or such other means as the City Manager may deem advisable.

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Sec. 2-25. Application--Forms; contents.

All applicants for employment shall be required to furnish, on forms provided by the City, complete information relating to education, special training, experience and skills, a chronological statement of previous employment with references, and such other information as the City may lawfully require.

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Sec. 2-26. Application--Investigation, etc.

(a) The Personnel Officer shall make, or cause to be made, such investigation as is necessary to verify the facts contained in the application and shall conduct such oral interviews and such tests and examinations relevant to the qualifications and technical requirements for the position as the Personnel Officer may deem necessary.

(b) The Personnel Officer shall require a post offer, preemployment medical examination, including drug and alcohol screening for applicants in specified classes of work where such tests relate to bona fide occupational qualifications for employment. This examination shall be performed by a licensed physician of the Personnel Officer's selection at the City's expense.

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Sec. 2-27. Appointments to be made on basis of merit; veterans preference.

All appointments shall be made on the basis of merit only, without regard to race, color, creed, religion, sex, sexual orientation, national origin or physical or mental disability. Honorably discharged veterans of the United States armed forces shall be granted preference over others equally qualified.

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Sec. 2-28. Probationary appointment prerequisite to regular appointment.

All appointments to positions made from outside the City's Personnel System shall be subject to a probationary period. Appointments made from within the City's Personnel System may be subject to an appropriate probationary period as established by the City Manager. During this period, the appointee's performance shall be closely reviewed to determine the appointee's ability to carry out assigned tasks, efficiency and other characteristics relative to the requirements of the position. Such a review shall be conducted by the appointee's Department Head prior to the conclusion of the probationary period. Additionally, supervisors and probationary employees shall discuss the employee's job performance at reasonable intervals during the probationary period. If it is determined that the work of the probationary appointee is not satisfactory, the Personnel Officer may release the appointee from the job.

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Sec. 2-29. Temporary appointment.

Whenever the City Manager determines that because of heavy workloads, special projects or for other similar reasons it is of advantage to the City, the City Manager may, within the limits set forth in the budget ordinance, make appointments on a temporary or seasonal basis. Such appointments may not exceed a period of three months except with approval of the Council.

A temporary or seasonal appointment shall not be granted regular appointment status in the personnel system. A temporary or seasonal employee who receives a regular appointment shall be deemed a new appointee. Any time spent as a temporary or seasonal appointee shall not be credited toward the probationary period.

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Sec. 2-30. Regular appointment.

Upon satisfactory completion of the probationary period, employees shall be granted regular employment status. In each case the Department Head with the approval of the City Manager shall include in the employee's personnel file a statement evaluating the employee's performance during the probationary period. In the event the Department Head is unable to make a determination as to whether an employee should be granted regular employment status at the end of the probationary period, the Personnel Officer may extend the employee's probation for one additional probationary period not to exceed one hundred eighty days.

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Sec. 2-31. Part-time employees.

The City Manager is authorized to employ persons on a part-time basis. Part-time employees shall be subject to probation in the same way as regular, full time employees and shall be eligible for personal leave days and vacation days on a pro rata basis. Part-time employees shall not be paid holiday pay for a day on which they were not regularly scheduled to work.

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Sec. 2-32. Reserved.

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Division 6. Suspension, dismissal, demotion and resignation.

Sec. 2-33. Personnel appointed by Council.

Personnel subject to appointment by the Council and not covered under the personnel system as provided in Section 2-3 shall serve at the pleasure of the Council.

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Sec. 2-34. Personnel system employees; discipline.

Subject to the terms of the Law Enforcement Officers Bill of Rights with respect to police personnel, whenever an employee's performance is deficient or whenever an employee violates any applicable provision of this Chapter, it is the duty of the employee's supervisor to point out the deficiencies or violations to the employee. Except for the conduct set forth in Section 2-37(b) oral or written warning with a sufficient time for improvement should, wherever possible, precede formal discipline.

(Sec. 2-34 amended by O-2-07, adopted 1/16/07, effective 2/15/07).

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Sec. 2-35. Suspension.

The City Manager, Department Head or authorized supervisory personnel may for disciplinary purposes suspend an employee without pay for a period not to exceed thirty (30) days. Whenever possible, employees shall be given written notice as to the cause for the action prior to suspension. Employees may appeal a suspension in accordance with Section 2-38 of this Chapter.

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Sec. 2-36. Demotion.

Subject to the terms of the Law Enforcement Officers Bill of Rights with respect to police personnel, where the action or performance of an employee does not warrant dismissal, or where the nature of the work required of the employee warrants such action, the City Manager may reduce an employee to an established position in a lower grade or class subject to the appeal rights set forth in Section 2-38 of this Chapter.

(Sec. 2-36 amended by O-2-07, adopted 1/16/07, effective 2/15/07).

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Sec. 2-37. Dismissal.

(a) Subject to the terms of the Law Enforcement Officers Bill of Rights with respect to police personnel, the City Manager may dismiss an employee for cause. If the employee has attained regular employment status, the employee shall have rights of appeal. Dismissal shall be initiated by written recommendation of the Department Head to the City Manager with a copy to the Personnel Officer and the employee. The written notice shall contain a description of the grounds for dismissal and shall provide that the employee is suspended with or without pay pending termination. If requested by the employee, within forty-eight hours of receipt of written notice, the Personnel Officer will meet with the employee within five days of the date of the Department Head's written recommendation of dismissal. The employee may bring a representative to the meeting with the Personnel Officer, and will be given an opportunity to respond to the grounds for the recommended dismissal. The Personnel Officer will provide written notice of the decision to accept or reject the recommended dismissal within five working days after meeting with the employee. If the employee is discharged, the written notice will inform the employee of the right to appeal the termination. A copy of all documents relating to the termination and any response shall be filed in the employee's permanent personnel record.

(b) The following conduct and other acts not specifically enumerated herein involving conduct which would bring the City into disrepute, or which are clearly contrary to common sense, decency, or ethical behaviour, may be sufficient cause for immediate removal:

(1) Incompetence or inefficiency in the performance of duty.

(2) Engaging in brutal, abusive, disrespectful treatment of the public or fellow employees.

(3) Engaging in sexual harassment of members of the public or fellow employees.

(4) Refusal to obey or follow any lawful or reasonable direction.

(5) Acceptance of any service, valuable thing or benefit, such as a loan or discount not available to the general public, given directly or indirectly by any person, firm or corporation where it may reasonably be implied that such gift may have been given in the hope or expectation of influencing the employee's judgment or receiving preferential treatment from such employee.

(6) Engaging in any private endeavor in conflict with the City's business or expending such time and attention to non-city business which makes it reasonable to assume that the employee may jeopardize the employee's health or ability to perform efficiently.

(7) Solicitation of a gift in connection with the performance of City duties.

(8) Conviction of or receipt of probation before judgment for a criminal offense involving a felony.

(9) Causing, through negligence or willful conduct damage to public property or waste of public equipment or supplies.

(10) Making an assessment or solicitation of any kind for political purposes on any City employee.

(11) Use or found to be under the influence of intoxicating liquors or narcotic drugs while on duty or while engaged in City business. This conduct is subject to referral under the City's Employee Assistance Program.

(12) Loaning an employee's identification or City property to any person without proper authorization.

(13) Stealing, tampering with or willfully destroying, marring or defacing City property.

(14) Use of City property such as supplies or vehicles for personal use without proper authorization.

(15) Making a willfully false official statement, falsifying a record, time card, time sheet or report or defrauding the City.

(16) Assault of a fellow employee or member of the public or creating a disturbance while engaged in City business.

(17) Carrying an unauthorized deadly weapon.

(18) Excessive tardiness or absence from work or abuse of the use of sick or other leave privileges.

(19) Selling of any tickets, posting of notices, circulating of petitions, soliciting of employees or asking for any donations for charitable causes while engaged in City business without the specific approval of the Personnel Officer.

(20) Gambling while on duty or while engaged in City business or while on City property.

(d) No employee shall directly or indirectly use or seek to use his official position, authority, or influence to control or modify the political action of any other person; nor shall any employee, during duty hours, engage in any form of political activity.

(Sec. 2-37(a) amended by O-2-07, adopted 1/16/07, effective 2/15/07).

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Sec. 2-38. Procedure for hearing in cases of removal, suspension or demotion; appeal board created.

(a) The appeal procedure hereinafter described shall apply only to regular employees as defined in Section 2-5 of this Chapter.

(b) A Board of Personnel Appeals is hereby created for the purpose of affording a fair hearing to employees, upon request, who have been terminated, suspended or demoted. The Board shall have three (3) members and two (2) alternate members who shall be appointed by the Council for two (2) year terms, and who shall serve without compensation. Members and alternate members of the Board shall be knowledgeable about personnel and employment matters and appointment preference shall be given to persons who are residents of the City of Bowie and registered voters. The Council shall designate a chairman.

(c) The Board shall conduct its affairs pursuant to rules of procedure established by the Board and approved by the City Council, and shall conduct its proceedings to conform to the requirements of the Maryland Administrative Procedure Act. All proceedings shall be recorded, and shall be conducted in a private or public session at the option of the employee. During proceedings before the Board of Personnel Appeals, both the employee and the City may be represented by counsel, or such person as the party may choose.

(d) Any employee who believes his/her demotion, suspension or dismissal is without cause may have a hearing before the Board of Personnel Appeals by filing a written request with the City Clerk within fifteen (15) days after the day the employee was notified of the demotion, suspension, or dismissal; however, the Board of Personnel Appeals may accept a written request filed beyond the fifteen (15) day period if the employee can show the Board extraordinary cause for the employee’s failure to file within the said fifteen (15) days. The Board shall schedule a hearing not less than ten (10) nor more than thirty (30) days after the request is filed, however, the Board may schedule a hearing before the said ten (10) days or beyond the said thirty (30) days if the Board is satisfied that there is good reason to do so. The employee and the City shall be promptly notified of the hearing date. The employee's request for hearing shall fairly state the reason or reasons the employee believes the action complained of is without cause. An employee who does not desire a hearing may, in writing, waive any right to a hearing and may request a review of the action by the Board based upon written submissions.

(e) At least two (2) board members or alternate Board members must be present at the hearing to constitute a quorum. The Board may promulgate rules and procedures governing extraordinary circumstances. Every decision shall be in writing and shall contain findings of facts found and conclusions of law. A copy shall be promptly delivered or mailed to the employee the City’s representative and the City Clerk.

(f) If the Board sustains the appeal, the Board may restore the employee to the full benefits and privileges of employment, grant any unpaid salary, and cause all matters relating to this issue to be removed from the employee's personnel file, or such partial relief as the Board may consider warranted. Appeals shall be governed by the appropriate provisons of the Maryland Administrative Procedure Act.

(g) The provisions of this section shall not apply to any sworn police personnel subject to the terms of the Law Enforcement Officers Bill of Rights.

(Sec. 2-39 amended by O-25-90, adopted 11/19/90, effective 12/19/90).

(Sec. 2-38 amended by O-9-98, adopted 2/17/98, effective 3/29/98).

(Sec. 2-38 (g) added by O-2-07 adopted 1/16/07, effective 2/15/07).

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Sec. 2-39. Resignations; severance pay.

(a) An employee resigning his position shall, whenever possible, give at least two weeks notice in writing.

(b) The City Manager may pay to any employee upon termination by resignation or dismissal severance pay in an amount not to exceed the employee's salary for two weeks at the time of termination of employment with the City in lieu of providing the employee with notice, if the employee consents to the procedure and waives the right to appeal or bring other actions against the City arising out of the employee's employment with the City and the employee is advised of the right to consult with legal counsel before giving such consent or waiver.

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Sec. 2-39A. Reemployment.

In the event a former employee of the City is reemployed within one (1) year from the date of termination of his employment, the City Manager may reinstate the employee in his former grade and credit him with his prior service with the City.

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Division 7. Benefits - Leave, Insurance, Retirement, Etc.

Sec. 2-40. Flexible benefits plan.

Subject to the terms of the Plan approved by the Council, eligible employees including employees subject to Division 8 of the Code will participate in the City's Flexible Benefits Plan. This Plan is established to allow eligible employees to choose among various non-taxable fringe benefits available to such employees or, alternatively, to receive cash in lieu of those benefits. This Plan is intended to be a cafeteria plan within the meaning of Section 125 of the Internal Revenue Code and is to be interpreted accordingly.

City Council members shall have the option of participating in the Health and Hospitalization Insurance Program and in those programs available under the City's Flexible Benifits Plan. The participating Council member shall bear the total cost of the premium associated with participation in the Plan. For purposes of this section, Councilmembers shall be considered regular, full time employees of the City (Formerly Section 2-25, Section 2-25 amended by O-19-91, adopted 8/5/91, effective 9/4/91; amended by CAR-2-02, adopted 12/2/02, effective 1/21/03.)

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Sec. 2-40A. Retirement benefits.

All regular employees in the Personnel System of the City shall be participants in the Federal Old Age and Survivors Insurance Program. (Formerly Sec. 2-7).

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Sec. 2-41. Leave of absence without pay.

(a) The City Manager may grant request for leave of absence without pay for periods not to exceed one (1) year, when such leave is for a valid purpose and when it appears that such leave would be in the best interest of the City. Except as provided in the provisions of this Section concerning family and medical leave, an employee on unpaid leave of absence accrues no benefits during the period of leave and is not guaranteed reinstatement to the employee's former position at the conclusion of the period of leave.

(b) Family and Medical leave. Regular full or part time employees who have been employed with the City for twelve months, which need not be consecutive, and who have 1,250 hours of service during the previous calendar year are entitled to receive twelve weeks leave during any calendar year for specified family or medical reasons which include:

(1) Birth or adoption of a child, or placement of a foster child, in order to care for the child;

(2) Caring for the employee's spouse, child or parent who has a serious health condition;

(3) A serious condition that renders the employee unable to perform the functions of the job.

A "serious health condition" is one which requires either inpatient care or continuing treatment by a health care provider.

Family and medical leave will be unpaid unless the employee is qualified to receive disability benefits under the City's Flexible Benefits Plan in which case the employee will receive pay as authorized by the City's Flexible Benefits Plan. If the period of time the employee is entitled to receive pay is less than twelve weeks, the employee will receive unpaid leave for the balance of the twelve week period.

(1) An employee must give thirty (30) days notice to the Personnel Officer to be entitled to leave for the birth or adoption of a child, unless the date of birth or placement of the adopted child requires leave to begin in less than thirty (30) days, in which case the employee will give as much notice as is practicable.

(2) If the leave request is based on the serious illness of the employee or the employee's family member, the employee shall provide thirty (30) days notice to the Personnel Officer, or if that is not possible, as much notice as is practicable.

(3) The Personnel Officer may require certification as to the medical condition requiring leave, and may also require a second medical opinion if there is reasonable doubt as to the validity of the medical condition. The Personnel Officer may require a recertification of the medical condition and may also require the employee to make periodic reports as to his or her status or intention to return to work.

(d) Reinstatement after family and medical leave.

(1) An employee returning to work from family or medical leave will be reinstated to the employee's former position or to an equivalent position with no loss of benefits. If an employee receives pay during the period of leave, benefits will continue to accrue for the period that pay is received. If the family or medical leave is unpaid, in whole or in part, no benefits will accrue for the unpaid portion of the leave.

(2) An employee is entitled to continue to participate in the City's Group Health Insurance Program while on family or medical leave, but if the leave is unpaid, the employee is required to pay the City's portion of the premium, as well as any portion of the premium the employee is customarily required to pay.

(e) Interpretative guidance. Any questions concerning the implementation of the family and medical leave rights provided herein will be resolved in accordance with the current Department of Labor Regulations implementing the Family and Medical Leave Act of 1993, but this Chapter will govern in the event that it provides greater benefits.

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Sec. 2-42. Administrative leave; court appearances.

(a) The City Manager may grant paid or unpaid administrative leave to an eligible employee for reasons deemed in the best interest of the City. All requests for administrative leave must be approved by the City Manager in advance. Such leave will not be deducted from any other leave earned by the employee.

(b) Employees required to appear before a court or other public body by subpoena or official summons on any matter not related to their work and in which they are not personally involved, as a plaintiff or defendant, shall be granted a leave of absence with pay for the period necessary to fulfil their civic responsibilities.

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Sec. 2-43. Jury leave.

Any regular employee called upon for jury service will be compensated at the employee's regular rate of pay. Such leave will not be deducted from any other leave earned by the employee.

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Sec. 2-44. Military leave.

Any regular employee who is a member of any United States military reserve or national guard unit and is required to engage in training exercises will be granted military leave not to exceed two (2) weeks in any one (1) calendar year. Such employee shall be entitled to receive the difference between his regular salary and his military pay, if the latter is less than his regular pay. Such leave will not be deducted from any other leave earned by the employee.

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Sec. 2-44A. Funeral leave.

Any regular City employee shall be granted up to three (3) working days off with pay upon the death of a member of the employee's immediate family. The City may require reasonable proof of death or relationship to establish the validity of a request for a leave under this Section.

For the purpose of this Section, immediate family shall include the following: spouse, children, parents, brother, sister, (including stepparents, stepchildren, stepbrothers, and stepsisters), grandparents, or other blood relatives residing in the employee's household, or in-laws to the employee or spouse. Such leave will not be deducted from any other leave earned by the employee.

In extraordinary circumstances, the City Manager may grant additional time not to exceed two (2) days under this Section.

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Sec. 2-45. Vacation leave.

All vacation leave shall be computed on a calendar year basis.

(a) Employees with less than three (3) years of service shall be entitled to one (1) day of vacation for each month of service per year.

(b) Employees with three (3) years or more of service but less than five (5) years of service shall be entitled to one and one-quarter (1 1/4) days of vacation leave for each month of service per year.

(c) Employees with five (5) years or more of service but less than ten (10) years of service shall be entitled to one and one-half (1 1/2) days of vacation leave for each month of service per year.

(d) Employees with ten (10) years or more of service but less than then fifteen (15) years of service shall be entitled to one and three-quarters (1 3/4) days of vacation leave for each month of service per year.

(e) Employees with fifteen (15) years or more of service shall be entitled to two and one-twelfth (2 1/12) days of vacation leave for each months of service per year.

(f) Part-time employees shall earn a pro rated credit for vacation leave, based upon years of service as set forth in Subsection (a) through (e) of this Section, in proportion to the number of hours employed.

(g) Probationary employees may accrue vacation leave but may not use it until successful completion of the probationary period.

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Sec. 2-46. Computation of vacation leave.

All vacation leave shall be computed on a calendar year basis.

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Sec. 2-47. Accumulation of vacation leave.

No employee shall be allowed to carry past December 31st of any year more than thirty (30) days of vacation leave, and any vacation leave in excess of thirty (30) days shall be cancelled on January 1st of each year.

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Sec. 2-47A. Cash for leave option.

On or before December 15 of each calendar year, an employee may elect to convert up to five (5) annual leave days which the employee is entitled to accrue during the upcoming calendar year to their cash equivalent as determined by the City Manager based upon the employee's daily rate of pay at the beginning of the next calendar year. Payments of cash in lieu of annual leave days will be paid directly to the employee on a pro rata basis as part of the employee's regular pay each pay period for the calendar year.

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Sec. 2-48. Crediting vacation leave.

Vacation leave shall be credited to each employee after it is earned. No provision will be made for advance crediting of vacation leave. No employees shall be entitled to use earned vacation leave until successful completion of the employee's probationary period.

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Sec. 2-49. Payment for unused leave upon termination of employment.

Upon termination, a regular employee may take the unused portion of vacation leave or may request payment for same. In no event shall such leave, including taken and paid leave, exceed thirty (30) days.

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Sec. 2-50. Vacation schedules.

The City Manager may require vacation schedules to be prepared in advance and shall have the authority to adjust such schedules so as to maintain an effective working force at all times.

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Sec. 2-51. Injuries received on duty - Workers' Compensation Insurance.

Employees incapacitated due to an injury sustained in the course of employment with the City shall not be charged sick leave. The City shall pay the employee his regular pay for the first three (3) days. Employees incapacitated due to an employment-related injury for more than three (3) days shall be entitled to that amount the employee receives under the City's workers' compensation insurance program. Employees shall not accrue annual or personal leave while on worker's compensation status.

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Sec. 2-52. Sick leave--Generally.

(a) All employees hired prior to July 1, 1988 and who have not elected the option set forth in Section 2-53(c), shall be entitled to one and one-quarter (1 1/4) days of sick leave for each month of service and may accumulate such sick leave with no limit. No payment shall be made for earned sick leave upon termination of employment.

(b) Conditions under which sick leave may be taken:

1. Personal illness,

2. Quarantine, or

3. Illness in the immediate family for up to five (5) consecutive days. For the purposes of this Article, immediate family shall include the following: spouse, children, parents, brother, sister, (including stepparents, stepchildren, stepbrothers, and stepsisters), grandparents or other relatives residing in the employee's household or the in-laws to the employee or employee's spouse.

(c) The Personnel Officer may require, after the third consecutive work day, such evidence as the Personnel Officer deems necessary to validate illness, disability, or quarantine, except if the Personnel Officer determines, based upon the employee's employment history, that such evidence be provided sooner.

(d) Whenever the Personnel Officer has reason to believe that an employee's health, physical or mental, is impeding the satisfactory performance of the duties, tasks and responsibilities assigned to the employee, the Personnel Officer may require any such employee to undergo a medical or psychiatric examination by a licensed physician of the Personnel Officer's selection, at the City's expense.

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Sec. 2-53. Personal Leave -- Salary Continuation.

(a) Personal Leave. All employees hired after June 30, 1988, and employees hired prior to June 30, 1988 who elect to receive salary continuation benefits, shall be entitled to six (6) personal leave days per year.

(b) Personal leave days may be used in the case of occasional absence due to illness or injury in which case prior scheduling is not required. In all other cases, the City Manager shall require that the use of personal days be scheduled in advance and the City Manager shall have the authority to approve or disapprove such schedules in order to maintain an effective working force at all times.

(c) Salary Continuation. All employees hired after June 30, 1988, and employees hired prior to June 30, 1988 who so elect, shall be entitled to salary continuation benefits. Salary continuation will begin after a designated period of non-work related to disability and provide an employee with an amount equal to a percentage of the employee's salary. The percentage to which employees are entitled shall be established by the City Manager and approved by the City Council. This Section shall apply to regular employees. Probationary employees are not entitled to salary continuation.

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Sec. 2-54. Personal Leave -- Advancement of unearned sick leave.

1. In exceptional cases, an employee with more than two (2) years service may be advanced unearned sick leave upon recommendation of the employee's Department Head and approval of the Personnel Officer.

2. The City may advance up to thirty (30) work days of advanced sick or personal leave to an employee in any calendar year only for a serious illness or disability of the employee, if the employee has used all leave with pay that has been credited to the employee.

3. The use of advanced sick leave by an employee constitutes a debt for which payment shall be enforceable upon the employee's return to work. A written agreement regarding the method of payback shall be executed prior to the receipt of the leave of the employee. Reimbursement to the City shall be at the minimum rate of one half (1/2) of the rate of sick or personal leave earned; or, at the employee's discretion, by applying other credited leave or cash payments to the amount owed.

4. If an employee retires or resigns before the advanced leave is paid back, an amount equal to the balance due shall be deducted from the employee's final check.

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Sec. 2-55. Holidays.

The following days shall be recognized and observed as paid holidays:

New Year's Day	Memorial Day	Veteran's Day
M.L. King Jr. Day	Independence Day	Thanksgiving Day
President's Day	Labor Day	Christmas Day

In supplement to the above holidays, two additional holidays shall be granted to employees who may take a day of their own choosing. Advance notice of two (2) days shall be given to the Department Head, or, in the case of the Department Heads, to the City Manager.

(b) Eligible employees shall receive one (1) day's pay for each of the holidays listed above on which they perform no work.

(c) Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday; whenever any of the holidays listed above shall fall on Sunday, the following Monday shall be observed as the holiday.

(d) If any regular employee works on any of the holidays listed above, he shall be paid two and one-half (2 1/2) times his hourly rate for all hours worked. The City Manager may, where permitted by law or the provisions of this Code, pay holiday pay in the form of compensatory time.

Refuse Collection, Equipment Maintenance, and Garage Employees, and Water and Sewage Treatment Plant employees are scheduled to work holidays unless otherwise notified. However, management will make reasonable and equitable efforts to honor employees leave requests.

(e) For the purpose of computing overtime, all holiday hours (worked or unworked) for which an employee is compensated shall be regarded as hours worked.

(f) Holiday leave will not be deducted from any other leave earned by any employee.

(g) Employees shall be granted leave of not more than three (3) hours with pay on Presidential Election days.

(h) Regular work days on which City offices are closed and employees excused from work shall not be considered a holiday for purposes of this Section. Employees who work on such days where offices are closed because of inclement weather shall be compensated at one and one half times the employee's regular rate of pay.

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Division 8. Members of Employee Organizations.

Sec. 2-56. Applicability.

The following sections of this division shall apply to all employees eligible for membership in a recognized employee organization. The provisions of this Chapter will govern if there is a conflict between any collective bargaining agreement and the provisions of this Chapter.

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Sec. 2-57. Discipline; discharge.

(a) It is the City's intent to follow a course of progressive discipline designed to allow a correction of the employee's conduct by discussion and counseling before the more punitive disciplinary measures of suspension, demotion or termination are imposed. However, the City may suspend or terminate an employee without the imposition of other actions if the conduct of the employee is sufficiently serious. Disciplinary action or measures shall include only the following:

1. oral reprimand,

2. written reprimand,

3. suspension (notice to be given in writing),

4. demotion, and

5. discharge

Disciplinary action may only be imposed for failure to fulfil employment related responsibilities. Any disciplinary action imposed upon an employee who has successfully completed the probationary period pursuant to Section 2-28 of this Chapter may be reviewed as a grievance through the procedure established in Section 2-58.

If the employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public.

(b) The employer shall not discharge any employee without just cause. If, in any case, the employer feels there is just cause for discharge, the employee involved will be suspended for five (5) days. The employee and his president and steward will be notified in writing that the employee has been suspended and is subject to discharge.

The union shall have the right to take up the suspension or discharge of a non-probationary employee as a grievance at the third step of the grievance procedure, and the matter shall be handled in accordance with this procedure through the arbitration step if deemed necessary by either party. Should the City Manager initiate the discharge or suspension of any employee, the Mayor will designate a hearing officer to substitute for him in the third step.

Any employee found to be unjustly suspended or discharged shall be reinstated with full compensation for all lost time and with full restoration of all other rights and conditions of employment.

In such event, the City must hear the case within five (5) days from the receipt of the appeal. Should the appeal go unheard or unanswered as a result of management delay, the employee shall be reinstated with full back pay.

Following the discovery of an infraction which could result in suspension, employees must either be suspended within three days of discovery of the infraction or receive written notice within three (3) days of discovery of the infraction that pending investigation, suspension could result from their infraction. Any action to suspend following such written notice must be in writing and take place within twenty (20) days of notice. All suspension days must be consecutive work days. (Sec. 2-63.2 amended by O-25-90, adopted 11/19/90, effective 12/19/90, and O-15-92, adopted 7/6/92, effective 8/5/92).

1. Voluntary demotion: A voluntary demotion may be granted by the City Manager, upon recommendation of the Department Head with the written consent of the employee. The demoted employee will be placed in a job classification in which the wage rate most closely approximates, but does not exceed, the rate in the employee's classification before demotion unless the employee consents to a lower wage rate.

2. Involuntary demotion: The City Manager may demote an employee upon the Department Head's written recommendation, a copy of which shall be given to the employee. The recommendation shall include a) the specific reason for the proposed demotion, b) the position and rate of compensation to which the employee is to be demoted and, c) a statement of the employee's appeal rights. The demoted employee may reapply for promotion to his previous position after a period of twelve (12) months, upon availability of the next position vacancy.

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Sec. 2.58. Grievance procedure.

(a) The grievance procedure herein described shall apply only to bargaining unit employees pursuant to the provisions of this Chapter.

(b) Grievances or disputes between any bargaining unit employee and the City may be settled in the following manner:

Step 1. An organization representative or the union steward with the complaining employee, shall discuss the grievance or dispute, which has been reduced to writing, with the immediate supervisor within fifteen (15) working days of the grievance or his knowledge of the occurrence. The immediate supervisor shall attempt to adjust the matter and shall respond to the organization representative or steward within five (5) working days.

Step 2. If after a thorough discussion with the immediate supervisor, the grievance has not been satisfactorily resolved, the organization representative or steward and the president of the employee organization or local union and the complaining employee shall, after written appeal, discuss the grievance with the department head, within five (5) working days after the immediate supervisor's response is due. The department head shall respond in writing within five (5) working days. The notice of appeal shall set forth the grounds for the grievance and a brief statement of the factual situation creating the alleged grievance.

Step 3. If after a thorough discussion with the department head, the grievance has not been satisfactorily resolved, the organization representative or steward, the complaining employee, the president of the employee organization or local union and the union council representative shall, after written appeal, discuss the grievance with the City Manager within five (5) working days after the department head's response is due. The City Manager shall respond in writing within five (5) working days.

Step 4. If the grievance is still unsettled either party may within fifteen (15) days, by written notice to the other, request arbitration. The arbitration proceedings shall be conducted by an arbitrator as provided below:

1. The Maryland Department of Labor and Industry is hereby designated as the first choice of both parties to function as the arbitrator.

2. In the event said department is unable or unwilling to do so, both parties agree to seek any other no-cost source of arbitrator(s) agreeable to both parties.

3. If the parties fail to select an arbitrator, the Federal Mediation and Conciliation Service shall be requested by either or both parties to provide a panel of five (5) arbitrators. Both the employer and the employee or the employee's organization shall have the right to strike two (2) names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator.

4. The decision of the arbitrator shall be final and binding on the parties. The arbitrator shall issue a decision within thirty (30) days after the conclusion of testimony and argument. The employer shall permit all persons pertinent to the grievance, including those requested by the employee, to be given time off from duty without loss of pay in order that said person may testify at the hearing.

(c) If any grievance is not answered by management within the time limit prescribed, the relief requested will be considered granted, unless the time limits are extended by written request.

(d) Nothing herein shall be construed to deny the right of individual employees to present matters to the employer on their own behalf.

(e) The costs of such proceedings shall be shared equally by the employer and the union.

(Article II amended by Ordinance O-18-95, adopted 12/4/95).

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ARTICLE III. DEFERRED COMPENSATION PLAN.

Sec. 2-64. Deferred Compensation Plan.

A deferred compensation plan is established for all employees who wish to participate and for any member of the Council who may wish to participate. The City Manager is directed to execute the deferred compensation plan offered by the International City Management Association Retirement Corporation and to take all actions needed to carry out said plan, including executing joinder agreements with employees and City Council members who wish to participate, except that any Joinder Agreement for the City Manager shall be executed on behalf of the City by the Mayor.

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Sec. 2-65. Repealed.

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ARTICLE IV. PUBLIC ETHICS.

Sec. 2-66. Short Title.

This Article may be cited as the Bowie Public Ethics Ordinance.

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Sec. 2-67. Statement of Purpose and Policy.

I. The City of Bowie, recognizing that our system of representative government is dependent in part upon its citizens maintaining the highest trust in their public officials and employees, finds and declares that its citizens have a right to be assured that the impartiality and independent judgment of public officials and employees will be maintained.

II. Now, therefore, in order to accomplish the City Council's commitment to avoidance of improper influence, the City Council enacts this Public Ethics Ordinance to require those listed in Section 2-71 of this Article to disclose financial interests and to set minimum standards for the conduct of City business.

III. Accordingly, except for the provisions for criminal sanctions, it is the intention of the City Council that this Article be liberally construed to accomplish its stated purpose.

IV. The use of personal pronouns in this Article is not gender specific.

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Sec. 2-68. Definitions.

The words used in this Article shall have their normal accepted meanings except as set forth below:

I. "Business entity" (vendor) means any corporation, general or limited partnership, sole proprietorship, joint venture, unincorporated association or firm, institution, trust, foundation, or other organization, whether or not operated for profit.

II. "Compensation/Earned Income" means money or any thing of value, received or to be received for service rendered.

III. "Doing business with" means: A commitment of a single or a combination of multiple transactions of Five Hundred Dollars ($500) or more of City or City-controlled funds), or being regulated by the City, or being registered as a lobbyist in accordance with Section 2-72 of this Article.

IV. "Financial interest" means:

A. Ownership of any interest as the result of which the owner has received, within any of past three (3) years, or is presently receiving, or in the future is entitled to receive, more than One Thousand Dollars ($1,000) per year; or

V. Ownership, or the ownership of securities of the kind representing or convertible into ownership, of more than three (3) percent (3%) of a business entity.

VI. "Gift" means the transfer of anything of economic value regardless of the form without adequate and lawful consideration. Political campaign contributions in compliance with Article 33, Subsection 26-1 et seq., Annotated Code of Maryland, are exempt.

VII. "Immediate family" means those family members of the individual filer who, whether or not residing with such filer at his/her personal or principal residence, may be a spouse, parent, child, sibling, grandchild, mother-in-law or father-in-law.

VIII. "Interest" means any legal or equitable economic interest, whether or not subject to an encumbrance or a condition, which was owned or held, in whole or in part, jointly or severally, directly or indirectly. For purposes of Section 71 of this Article, "interest" applies to any interests held at any time during the calendar year for which a required statement is to be filed. "Interest" does not include:

a. An interest held in the capacity of a personal agent, representative custodian, fiduciary, or trustee, unless the holder has an equitable interest therein;

b. An interest in a time or demand deposit in a financial institution;

c. An interest in an insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed number of dollars either in a lump sum or periodically for life or some other specified period; or

d. A common trust fund or a trust which forms part of a pension or profit sharing plan which has more than twenty-five (25) participants and which has been determined by the Internal Revenue Service to be a qualified trust under the appropriate sections of the current Internal Revenue Code.

IX. Interest in real property means any legal or equitable economic interest, whether owned or held by the person filing or by a member of his immediate family, in realty, leasehold of land or building, or fee simple interest in land or buildings.

X. "Liability" means a financial debt owed, except for retail credit accounts, to an individual or business entity.

XI. "Lobbying" means:

a. Communicating in the presence of a City official or employee with the intent to influence any official or employee; or

b. Engaging in activities having the express purpose of soliciting others to communicate with a City official or employee with the intent to influence that official or employee.

XII. "Lobbyist" is one who communicates or solicits another to communicate with City officials or employees to influence an official executive branch or legislative action.

XIII. "Official and/or employee" means any person elected to, appointed to, or employed by the City or any City agency, committee, board, commission, or similar entity whether or not paid in whole or in part with City funds and whether or not compensated.

XIV. "Person" includes an individual or business entity.

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Sec. 2-69. Administration.

I. There is a Bowie Ethics Commission which shall consist of five (5) regular members, appointed by the Council. The Commission shall be assisted in carrying out its responsibilities by the City Attorney.

II. The Commission shall be the advisory body responsible for interpreting this Article and advising persons subject to it as to its application.

III. The Commission shall be responsible for hearing and deciding, on advice of the City Attorney, or other legal counsel if appropriate, any complaint filed regarding an alleged violation of this Article by any person.

IV. The Commission or an office designated by the commission shall be the custodian of all forms submitted by any person in accordance with this Article.

V. The Commission shall be responsible for conducting a public information and education program regarding the purpose and implementation of this Article.

VI. Any official or other person subject to the provisions of this Article may request of the Commission an advisory opinion concerning the application of this Article. The Commission shall respond promptly to these requests, providing interpretations of this Article based on the facts reasonably available to it. Copies of these interpretations, with the identity of the subject deleted, shall be published and otherwise made available to the public in accordance with any applicable State or City of Bowie laws regarding public records.

VII. Any person may file with the Commission a complaint alleging a violation of any of the provisions of this Article. These complaints shall be written and under oath or affirmation and shall be referred to the City Attorney or other legal counsel, if appropriate, for investigation and review. If after receiving an investigative report, the Commission determines there are insufficient facts upon which to base a determination of violation, it may dismiss the complaint. If there is a reasonable basis for believing a violation has occurred then the subject of the complaint shall be afforded an opportunity for a hearing conducted on the record. Any final determination resulting from the hearing shall include findings of fact and conclusions of law. Upon a finding of a violation, the Commission may take any enforcement action provided for in accordance with Section 2-73 of this Article. After a complaint is filed and until a final determination by the Commission, all actions regarding a complaint shall be treated confidentially.

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Sec. 2-70. Prohibited conduct and interests.

I. Participation Prohibitions. Except as permitted by Commission regulation or opinion, an official or employee may not participate in:

a. Any matter, except in the exercise of an administrative or ministerial duty which does not affect the disposition or decision with respect to that matter, if, to his knowledge, he, or his immediate family has an interest therein.

b. Any matter, except in the exercise of an administrative or ministerial duty, when any of the following is party thereto:

1. Any business entity in which he has a direct interest of which he may reasonably be expected to know;

2. Any business entity of which he is an officer, director, trustee, partner, or employee, or in which he knows any member of his immediate family has this interest;

3. Any business entity with which he or, to his knowledge, any is member of his immediate family is negotiating or has any arrangement concerning prospective employment;

4. Any business entity which is a party to an existing contract with the official or employee knows is a party to a contract with any of the above named relatives, if the contract could reasonably be expected to result in a conflict between the private interests of the official or employee and his official duties;

5. Any entity, doing business with the City, in which a direct interest is owned by another entity in which the official or employee has a direct interest, if he may be reasonably expected to know of both direct interests; or

6. Any business entity which the official or employee knows is his creditor or obligee, or that of any member of his immediate family with respect to a thing of economic value and which, by reason thereof, is in a position to affect directly and substantially the interest of the official or employee or any member of his immediate family.

c. If a disqualification pursuant to paragraph a. or b. of this subsection leaves any body with less than a quorum capable of acting, or if the disqualified official or employee is required by law to act or is the only person authorized to act, the disqualified person shall disclose the nature and circumstances of the conflict and may participate or act.

II. Employment Restrictions.

a. Except as permitted by regulation or the Commission when such interest is disclosed or when the employment does not create a conflict of interest or appearance of conflict, an official or employee may not:

1. Be employed by, or have an interest in, any entity subject to his authority, or to that of the City agency, committee, board, or commission with which he is affiliated, or any entity which is negotiating or has entered a contract with that agency, committee, board, or commission; or

2. Hold any other employment relationship which would impair the impartiality or independence of judgment of the official or employee.

b. This prohibition does not apply to:

1. An official or employee who is appointed to a regulatory or licensing authority, municipal association or trust organization serving governmental bodies, pursuant to a requirement that persons subject to the jurisdiction of the authority be represented in appointments to it;

2. A member of a board, committee, or commission subject to other provisions of law, including Section 2-70 of this Article in regard to an interest or employment held at the time of appointment, provided it is publicly disclosed to the appointing authority and the Commission; or

3. 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.

c. A former official or employee may not assist or represent a 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 he significantly participated as an official or employee.

d. An official or employee may not assist or represent a party for contingent compensation in any matter before or involving the City other than in a judicial or quasi-judicial proceeding, provided, however, that nothing herein shall preclude an official or employee from assisting or representing a party for contingent compensation in any matter before or involving entities where fees are established by law.

e. Prohibited conduct, councilmembers.

A City Councilmember may not engage in lobbying before the City Council for a period of one (1) year following the conclusion of the Councilmember's term of office. For the purpose of this Section the term lobbying shall mean communicating in the presence of a City official or employee with the intent to influence any official or employee and expending any funds for food, entertainment or other gifts for any City officials or employees in connection with such communication or receiving any compensation for such communication or in furtherance of this activity, but shall, in no event, be construed to include uncompensated communication with City officials or employees in one's own behalf or on behalf of City residents on matters of general public concern.

III. Use of Prestige of Office. An official or employee may not intentionally use the prestige of his office for his own private gain or that of another. The performance of usual customary constituent service, without additional compensation, does not constitute the use of the prestige of office for an official's or employee's private gain or that of another.

IV. Solicitation or Acceptance of Gifts.

a. An official or employee may not solicit any gift.

b. No official or employee may knowingly accept any gift, directly or indirectly, for any person that he knows or has reason to know:

1. Is doing business with the City.

2. Has interests that may be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of his 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 or, if of significant value, would give the appearance of doing so, or if of significant value, the recipient official or employee believes, or has reason to believe, that it is designed to do so, Subsection b. above does not apply to:

1. Meals and beverages;

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 or the employee 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 or employee to attend a professional or intercollegiate sporting event or charitable, cultural, or political events, if the purpose of this gift or admission is a courtesy or ceremony extended to the office;

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 a member of the immediate family who shares the official's or employee's legal residence, or a member of the immediate family over whose financial affairs the person has legal or actual control.

V. Disclosure of Confidential Information. Other than in the discharge of his official duties, an official or employee may not disclose or use for his own economic benefit or that of another confidential information which he has acquired by reason of his public position and which is not available to the public.

VI. Exemptions and Waivers. The Commission or, if appropriate, the Council may, after consultation with the City Attorney, grant exemptions to or modifications of this section as to City officials or employees or members of Bowie Boards, Committees, Task Forces and Commissions, when it find that the application of this section would constitute an unreasonable invasion of privacy 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 Article.

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Sec. 2-71. Financial Disclosure.

I. The following officials, employees and candidates for for office are required to file the financial disclosure statements provided for in this section: Mayor, members of the Council, the City Manager, the Assistant City Manager, the City Attorney, all departmental directors and assistant department directors, the members of the Bowie Ethics Commission, members of the Board of Supervisors of Elections, members of the Bowie Advisory Planning Board, members of the Economic Development Committee, and others whom the Council may designate from time to time by resolution.

II. Filing of Financial Disclosure.

a. Each incumbent official and employee identified in subsection I hereof shall file under oath or affirmation with the Commission on or before the 10th day of March of each year during that person's term in office, the statement required by this section, for the calendar year immediately preceding each such year in office. An official or employee who has not filed the required statement and who is appointed to fill a vacancy to a position listed in subsection I hereof shall file a statement covering the calendar year in which he is appointed within thirty (30) days after appointment. Any City Board, Committee or Commission member who is required to file a financial disclosure statement and who fails to do so by June 30 of the year the statement is due, shall be automatically suspended from the said membership until the statement is filed; if the statement is not filed by July 31 the membership shall automatically terminate.

b. Except for an official or employee who has filed a statement pursuant to subsection IA above for the same year or portion of the same year for which a statement otherwise would be required to be filed by this subsection, each candidate for nomination for, or election to, an office as an official or employee identified in subsection I hereof shall file under oath or affirmation with the City Clerk or Board or Election Supervisors together with his certificate of candidacy, the statement required by this section, for the calendar year immediately preceding each year in office. If the certificate of candidacy is filed before January 1 of the year in which the election is held, the candidate, on or before the last day for the withdrawal of candidacy, shall file under oath or affirmation a supplementary statement for the calendar year immediately preceding the election, and if he fails to do so, after written notice of his obligation, given at least twenty (20) days before the last day for the withdrawal of candidacy, he shall be deemed to have withdrawn his candidacy. The City Clerk or Board of Election Supervisors may not accept any certificate of nomination unless a statement in proper form has been filed. Within thirty (30) days of receipt of a statement by any such board, it shall forward it to the Commission, or an office designated by the Commission.

III. All statements filed pursuant to this section shall be maintained by the Commission, or an office designated by the Commission, and shall be made available, during normal office hours, for examination and copying by the public, subject, however, to such reasonable fees and administrative procedures as the Council or Commission may establish from time to time. The forms shall be retained for four (4) years from the date of receipt. Any person examining or copying these statements shall be required to record his name, home address, and the name of the person whose disclosure statement was examined or copied. This record shall be forwarded upon request to the person whose disclosure statement is so examined or copied.

IV. All statements filed pursuant to this section shall be on a form developed by the Commission with the assistance of the City Attorney, and shall disclose the following interests, if known:

a. Interests in Real Property. A schedule of all interests in real property wherever located. This schedule, as to each such interest, shall include:

1. The nature of the property and the location by street address, mailing address, or legal description of the property;

2. The nature and extent of the interest held, including any conditions thereto and encumbrances thereon;

3. As to interests acquired during the thirty-six (36) month period preceding the filing of the statement, the date when, the manner in which, and the identity of the person from whom the interest was acquired;

4. With respect to any interest transferred, in whole or in part, at any time during the thirty-six (36) month period preceding the filing of the statement, the date and description of the interests transferred, the nature and amount of the consideration received in exchange therefor, the identity of the person to whom the interest was transferred, and the information set forth in subparagraphs (3) of this paragraph; and

5. The identity of any other person with an interest in the property.

b. Interests in business entities doing business with, registered as a lobbyist with, or regulated by the City. A schedule of all interests including employment, in any other business entity which does business with the City. The schedule, as to each such interest, shall include:

1. The name and address of the principal officer of the business entity and its principals.

2. The nature and amount of the interest held, including any conditions thereto and encumbrances.

3. The name of the City agency with which the entity is involved, and the category of the entity, be it one having transactions with the City involving a total of $500 or more of City or City-controlled funds, being regulated or otherwise under the authority of the City, or being registered as a lobbyist in accordance with Section 2-72 of this Article.

4. As to interests transferred, in whole or in part, at any time during the thirty-six month period preceding the filing of the statement, a description of the interest transferred, the nature and amount of the consideration received in exchange therefor and the identity of the person to whom the interest was transferred and the fair market value of the interest at the time transferred.

5. As to interests acquired during the thirty-six (36) month period preceding the filing of the statement the date when, the manner in which, and the identity of the person from whom the interest was acquired; and the nature and the amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the interest at the time acquired.

c. Gifts. A schedule of any gift exceeding Twenty-Five Dollars ($25) in value, or any gift in a series of gifts totalling Fifty Dollars ($50) or more from any time during the year for which the statement is filed, whether received directly by the person making the statement, or by any other person at the direction of the person making the statement, from, or on behalf of, directly or indirectly, any person who does business with, is registered as a lobbyist, or is regulated by the City, provided however, that gifts from members of the immediate family need not be disclosed. This schedule, as to each gift, shall include the nature and value of the gift; and the identity of the person from whom, or on behalf of whom, directly or indirectly, the gift was received.

d. Liabilities to persons doing business with, registered as a lobbyist with, or regulated by the City. A schedule of all liabilities to any person described above which is owed at any time during the year for which the statement is filed, excluding retail credit accounts, by the person making the statement, or which is owed by a member of his immediate family if the person making the statement was involved in the transaction giving rise to the liability. This schedule as to each such liability, shall include:

1. The identity of the person to whom the liability was owed and the date it was incurred;

2. The amount of the liability owed as of the end of the year for which the statement is filed;

3. The terms of payment of the liability and the extent to which the principal amount of the liability was increased or reduced during the year; and

4. The security given, if any, for the liability.

e. List of immediate family members employed by the City in any capacity at any time during the year for which the statement is filed.

f. Additional Information. Such additional interests or information as the person making the statement wishes to disclose.

V. Interests Attributable to Person Making Statement. For the purposes of Subsections IV.a. and b., and the disclosure therein required, the following shall be considered to be the interests of the person making the statement:

a. Any interest held by a member of the immediate family of the person making the statement, if such interest was at any time during the thirty-six (36) month period preceding the filing of the statement directly or indirectly controlled by the person making the statement.

b. Any interest held by a business entity, in which business entity a thirty (30) percent (30%) or greater equity interest was at any time during the thirty-six (36) month period preceding the filing of the statement an interest of the person making the statement.

c. Any interest held by a trust or an estate in which, at anytime during the thirty-six (35) month period preceding the filing of the statement the person making the statement either (1) held a reversionary interest or was a beneficiary, or (2) if a revocable trust, was a settler. A trust, within the meaning of this subsection, does not include a common trust fund or a trust which forms part of a pension or profit-sharing plan which has more than twenty-five (25) participants and which has been determined by the Internal Revenue Service to be a qualified trust under the appropriate sections of the Internal Revenue Code.

VI. The statements submitted pursuant to this section shall be reviewed by the Ethics Commission and the City Attorney for compliance with the provisions of this section, and officials and employees shall be notified of any omissions or deficiencies. The City Attorney shall refer evidence of any non-compliance with this section and/or section 2-70 to the Commission or Council for appropriate action.

VII. The Commission or, if appropriate the Council, may, after consulting with the City Attorney, grant exemptions to or modifications of this section as to officials or employees serving as members of City boards and commissions, where it finds that the application of the section would constitute an unreasonable invasion of privacy and would significantly reduce the availability of qualified persons for public service and it also finds that the exemption or modification would not be contrary to the purposes of this Article.

(Sec. 2-71. I, II, IV 2 amended by O-4-92, effective 2/18/92, effective 3/19/92.)

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Sec. 2-72. Lobbying Disclosure.

I. Except as provided for in this Section XII and XIII of this section, any person who engages in lobbying before the Council, or who acts as a lobbyist as defined in Section 2-68 XI, shall file a lobbying registration with the Commission, on or before the beginning of the calendar year in which a person expects to lobby or before engaging in lobbying activities, if this person, during the calendar year, either:

a. Expends (exclusive of personal travel and subsistence) in excess of Two Hundred and Fifty Dollars ($250) in furtherance of this activity; or

b. Is compensated in excess of One Hundred Dollars ($100) in connection with this activity.

II. Except as provided for in this Section XII and XIII of this section, any person who engages in lobbying before any City official or agency, committee, boar