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http://ethics.gov.state.md.us
FINANCIAL DISCLOSURE STATEMENT INSTRUCTIONS (FORM #19)
(Pursuant to the Public Ethics Law,
“
Please read the instructions carefully and be sure to provide all
information requested for each interest you disclose on your statement. We encourage you to use the electronic
form as it is programmed to display directions of each schedule and to
provide access to the glossary of terms throughout the process. It will also direct the filer toward
completion of all of the required information, thus making it unnecessary for
the Commission to write to you for additional information. It will also make completion in future years
much easier as it will require you to enter only changes occurring during that
filing period
If
you have any questions about the application of the Law, you may contact the
State Ethics Commission. Some schedules
on the statement may require knowledge regarding whether an entity does
business with the State. You may access
that list from our web site. If you have
a question about a particular entity or need other assistance in completing the
form, do not hesitate to call the office of the State Ethics Commission.
Note
that § 15-606 of the Public Ethics Law designates financial disclosure
statements as public records that may be examined or copied by the public. At the top of the form we have provided a
place for you to check if you want the Commission to notify you of the names
and addresses of any persons who have examined or copied your statement.
Thank
you for your cooperation.
NOTE: The law now requires
two originals of this form to be filed; one with the State Ethics Commission
and one with the Joint Committee on Legislative Ethics. If you choose to file a paper form, you will
need to make sure that you have provided each form with an original signature
and notarization. If you choose to file
electronically, your final submission of the form will provide one copy to the
Joint Committee on Legislative Ethics and one copy to the State Ethics
Commission.
GENERAL INSTRUCTIONS
A. When to File - Regular Annual Disclosure Statement -
Preliminary Financial Disclosure Statement
1. Section 15-602(a)(1) requires you to file a financial disclosure
statement with the State Ethics Commission, under oath, on or before April 30th
of each year, for the calendar year immediately preceding the year of
filing.
2. A person who does not have a current financial disclosure
statement on file, and who is appointed to fill a vacancy in a position or
office for which a statement must be filed, must file a statement for the
previous calendar year within 30 days after appointment to that office or
position.
3. If you leave your position after January 1st but
prior to April 30th, you must file the annual statement for the
preceding calendar year plus an additional termination statement for the part
of the current year served. You must
file your termination statement within 60 days of leaving your position.
4. Section 15-602(c) requires members of the General Assembly to
file a preliminary financial disclosure statement on or before the seventh
day of the regular legislative session if there will be a substantial
change in the statement to be filed by April 30th compared to the statement
filed for the prior year. See Form
20 and related instructions for more information on this requirement. At the current time, Form 20 is available
only as a paper form. We will advise you
when this form becomes available electronically.
B. Where to File and Where to Get Forms
1. You may gain access to both the electronic form and the
paper/downloadable financial disclosure statement form from our web site: http://ethics.gov.state.md.us. If you choose to file a paper form, you must
file it with the State Ethics Commission,
2. This paragraph applies only in an election year: A person filing this statement as a candidate
for nomination or election to office must file either with the State Administrative
Board of Election Laws or the appropriate local Board of Election Supervisors,
whichever is the board with which the certificate of candidacy is filed. You need not submit a form if you have
already submitted the form for the required period with the State Ethics
Commission and the Commission has certified this fact to the appropriate
elections board, or if the candidate has a receipt from the State Ethics
Commission stating that a report for the relevant period is on file.
C. Glossary of Terms – Public Ethics Law § 15-102.
"Business or
business entity"
means any corporation, general or limited partnership, limited liability
partnership, limited liability company, sole proprietorship (including a
private consulting operation), joint venture, unincorporated association or
firm, institution, trust, foundation or other organization engaged in business
whether profit or nonprofit.
"Entity doing
business with the State" means:
(1) a party to any one or
any combination of sales, purchases, leases or contracts to, from, or with the
State, or any agency thereof, involving consideration of five thousand dollars
($5,000) or more on a cumulative basis during the calendar year for which a
required statement is filed; including, as of the awarding or execution of a
contract or lease, the total then ascertainable consideration committed to be
paid, regardless of the period of time over which such payments are to be made.
The Commission maintains a complete list of lobbyists, financial institutions
and others that do business with the State;
(2) a regulated lobbyist
(lobbyist or lobbyist employer) as defined in § 15-701 of the Public Ethics
Law; or
(3) an entity regulated by
the department or executive agency of the official or employee.
NOTE: If a financial disclosure filer is a member
or applicant to be a member of the Maryland National Capital Park and Planning
Commission, the Washington Suburban Sanitary Commission, or the Washington
Suburban Transit Commission references to business with the State are deemed to
refer to the State, the applicable bi-county commission, Montgomery County or
Prince George’s County. References to
employed by the State are deemed to refer to employed by the State, the
applicable bi-county commission,
"Gift"
means the transfer of anything of economic value regardless of the form without
adequate and lawful consideration. Gift does
not include the solicitation, acceptance, receipt, or regulation of political
campaign contributions regulated in accordance with the provisions of Election
Law Article of the Annotated Code of Maryland, or any other provision of State
law regulating the conduct of elections or the receipt of political campaign
contributions.
"Immediate family" means spouse and dependent children.
"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.
Interest does not include:
(1) an interest held in the capacity of a personal
representative, agent, custodian, fiduciary or trustee, unless the holder has
an equitable interest therein;
(2) an interest in a time or demand deposit in a financial
institution;
(3) 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
(4) a common trust fund or trust that forms part
of a pension or a profit-sharing plan that has more than 25 participants and
which is determined by the Internal Revenue Service to be a qualified trust or
college savings plan under the Internal Revenue Code.
"Member of household" means a person's spouse, child, ward, financially
dependent parent, or other relative who shares the person's legal residence, or
a person's spouse, child, ward, parent, or other relative over whose financial
affairs the person has legal or actual control.
"Person"
includes an individual or business entity.
"Public official" means:
(1) Any individual in an executive agency (also including
an individual employed on a full‑time contractual basis if employed for
more than six (6) months) who:
(i) is a classified employee at grade level 16 or above,
or, if not a classified employee, receives a rate of compensation equal
thereto, or is appointed to a board or commission; and
(ii) is determined by the Ethics Commission who:
1. is charged, individually
or as a member of an executive agency, with decision making authority or acts
as a principal advisor to one with such authority:
A. in making State
policy in an executive agency; or
B. in exercising quasi‑judicial, regulatory,
licensing, inspecting, or auditing functions; and
2. whose duties are not essentially administrative and
ministerial; and
(iii) is not a full‑time or part‑time faculty
member at a State institution of higher education, unless the individual is
also employed in another State position which does fall under this definition
or unless the individual also directly procures, directly influences, or
otherwise directly affects the formation or execution of any State contract,
purchase or sale as established by guidelines of the State Ethics Commission of
COMAR 19A.03.02.
(2) Any individual in the legislative branch (also
including an individual employed on a full‑time contractual basis if
employed for more than six (6) months) other than a State official, who
receives a rate of compensation equal to or above grade level 16 who is so
designated by order by the presiding officers of the General Assembly.
(3) Any individual in the judicial branch of government,
including an individual employed in the office of the clerk of court, or paid
by a political subdivision to perform services in any orphans' court, a circuit
court for a county, and any individual employed by the Attorney Grievance
Commission, the State Board of Law Examiners, or the Standing Committee on
Rules who:
(i) is classified or
compensated at State grade level 16 or above; and
(ii) is not a judge, master, commissioner, examiner,
auditor, or referee; and
(iii) has not been excluded as not having duties relating
to policy, policy advice, quasi-judicial or procurement functions.
(4) Except for any full‑time or part‑time
faculty member at a State institution of higher education, any individual in an
executive agency who, as determined by the Ethics Commission, is charged,
individually or as a member of the executive agency, with decision making
authority or acts as a principal advisor to one with such authority in drafting
specifications for, negotiating, or executing contracts which commit the State
or any executive agency to expend in excess of $10,000 per annum.
"Regulated Lobbyist" means any entity/person or its employer required to
register pursuant to the lobbying provisions of the Public Ethics Law.
"Reporting period" means the period covered by the Statement. An annual financial disclosure statement
covers the calendar year preceding the April 30th filing deadline;
thus the report due in 2007 covers the period from and including January 1, 2006,
to and including December 31, 2006. A
termination statement covers the portion of the current year served by the
filer, beginning on January 1st to the last day the position is held.
"State official" means a member or member‑elect of the General
Assembly, a judge or judge‑elect of a court created by Article IV, §1 of the Constitution and a person defined in Maryland Rule
No. 16-814, or a constitutional officer or
officer‑elect in the executive agency of State
government. State official also means a
person holding office as State's Attorney, Clerk of the Circuit Court for each
county, Register of Wills, and Sheriff.
“Tenants by the Entirety” means an undivided
equal ownership interest with survivorship rights in real property with one’s
spouse.
D. Attributable
Interest.
Section15-608 provides that certain property and business
interests not directly held by a person may be attributed to him or her and
must be reported on the financial disclosure statement. The circumstances under which attribution
occurs are as follows:
1. If you owned a
30% or greater equity interest in any business entity during the reporting
period and that business entity holds a property or business interest which, if
you owned directly, you would be required to report on Schedule A, B, or C, the
interest is attributable to you and you must report it on the appropriate
Schedule. This limited attribution does
not reduce or affect in any way the requirement for disclosure on Schedule A of
real property held by a partnership even if the filer holds less than a 30%
interest in the partnership.
2. If your spouse
or child holds a property or business interest which you would have to report
on Schedule A, B, or C, if you owned it directly, and if you exercised direct
or indirect control over that interest at any time during the reporting period,
the interest is attributable to you and must be reported on the appropriate
Schedule.
3. If at any time
during the reporting period you (a) held a reversionary interest in a trust or
estate or (b) were the beneficiary of a trust or estate or (c) were the settler
of a revocable trust, then any interest held by the trust or estate which you
would have to report on Schedule A, B, or C, if you owned it directly, it is
attributable to you and must be reported on the appropriate Schedule. For purposes of this attribution provision,
you are a beneficiary of a trust if you are a current income beneficiary,
either receiving income or currently entitled to receive income, or if you have
a current ownership or other interest in the corpus of the trust. Beneficiaries
of an estate include immediate beneficiaries of an estate even if it is not
settled. A trust, within the meaning of
this section, does not include a common trust fund or a trust which forms part
of a pension or profit‑sharing plan that has more than 25 participants.
E. Unknown
Information.
Section 15-607 of the Public Ethics Law requires you to
disclose interests and information "if known” for the calendar year for
which the required statement is to be filed.
If you claim not to know information requested on the form, state
"unknown" in response to that question on the statement. Information in the public records or
otherwise obtainable is not "unknown," and must be reported.
F. Blind Trust
A filer having an interest relating to a blind trust should
contact the Commission about the filing requirements.
FORM INSTRUCTIONS
Identifying Information
If you wish to be notified if anyone requests to see your
financial disclosure statement, check the appropriate space at the top of the
page. Print or type your complete
name and include a complete current address where you can be sent
correspondence. Non‑incumbent
candidates should enter an address where they may be sent correspondence. Also fill in the year of the reporting
period. Regular annual reports or
reports by new officials will cover from January 1 through the last day of the preceding
calendar year. Termination reports
will cover from the first day of the current calendar year until your last day
in your position. The line of the
general information block ("Office for which Certificate of
Candidacy...") needs to be completed only during an election year and then
only by individuals who are running for an elective office covered by the
financial disclosure program. Please include your State e-mail address, if
you have one.
Signature and Notarization
You must file the financial disclosure statement under
oath, and willful and false filing is subject to the penalties of
perjury as provided in §9-101, Criminal Law Article, Annotated Code of
Maryland. All paper forms filed must
therefore be signed, dated and properly notarized. If you choose to file a paper form, the
Commission will not consider your financial disclosure statement to be filed
until the properly notarized statement is resubmitted. Electronic filers are not required to include
a signature or statement from a Notary Public.
Public Ethics Law § 15-602(e) provides that an electronic filer’s
submission of the electronic disclosure form is made expressly under the
penalties for perjury.
Checklist – PAPER FORM ONLY.
Complete by checking the "yes" or "no"
box as to each statement. Do not
leave any statement unanswered. Note
that each statement corresponds to a Schedule.
If you have questions as to the meaning of a statement, review the
corresponding Schedule and instructions for a more detailed description of the
interests involved.
SCHEDULE A. Real
Property
Real property held by the filer or by a partnership,
limited liability partnership, or limited liability company in which the
filer has an interest must be disclosed, if it is held at any time during
the reporting period. You must report real
property whether it is located in or outside of
Schedule A deals with real property interests only; do not
report here your interests in business entities. If real property held by an entity is
attributable to you, or is a partnership, limited liability partnership, or
limited liability company property, list the real property on this
Schedule. Report your interest in the
entity on Schedule B, C, or H (whichever is appropriate) if it falls within the
reporting requirements of those Schedules.
Please
answer the Questions 1 through 11C as appropriate. The Ethics Law requires for
each property to be disclosed that you give the location, the type of property,
the nature and extent of your interest, the identity of other persons holding
an interest in the property, encumbrances, date and manner of acquisition, the
identity of the person from whom you acquired the property, and the nature and
amount of consideration. Additionally if you transferred the property during
the calendar year, the name of the person to whom you transferred the property,
the portion of interest transferred and the amount of consideration received is
required to be disclosed.
SCHEDULE B. Interests in Corporations/Partnerships
Report all interests in any corporation, partnership,
limited liability partnership or limited liability company held by you
during the reporting period, whether or not the entity does business with
the State. Examples of frequently disclosed
items on this schedule are corporate stocks, corporate bonds, partnerships, and
interests in mutual funds (not the individual holdings of the mutual
funds). Filers are not required to disclose holdings
in an Internal Revenue Service qualified trust or college savings plan. This would include the State of
Please
answer the Questions 1 through 8C as appropriate. The Ethics Law requires for
each interest to be disclosed that you give the name and address of the entity,
the nature and extent of your interest, the amount of the interest, other
interests held in the entity, and any encumbrances or conditions. Additionally,
if the interest was acquired during the calendar year, the date and manner of
acquisition, the identity of the person from whom you acquired the interest,
and the nature and amount of consideration will need to be disclosed. If the
acquisition solely consists of an addition to an existing, public traded
corporate interest acquired by dividend or dividend reinvestment is less than
$500, you need not provide any additional information.
Finally,
if you transferred the interest during the calendar year, the name of the
person to whom you transferred the interest (if known), the portion of interest
transferred and the amount of consideration received.
SCHEDULE C.
Interests in Non‑Corporate Business Entities
Report all interests in any non-corporate business
entity not disclosed on Schedule B that does business with the State. A sole proprietorship is the type of entity
that is included on this Schedule.
Please
answer the Questions 1 through 6C as appropriate. The Ethics Law requires for
each interest in any non-corporate business entity doing business with the
State that you give the name and address of the entity, the nature and extent
of your interest, the amount of the interest, other interests held in the
entity, and any encumbrances or conditions. Additionally, if the interest was
acquired during the calendar year, the date and manner of acquisition, the
identity of the person from whom you acquired the interest, and the nature and
amount of consideration will need to be disclosed.
Finally, if you transferred
the interest during the calendar year, the name of the person to whom you
transferred the interest (if known), the portion of interest transferred and
the amount of consideration received.
SCHEDULE D. Gifts You must report each gift in excess of $20 in value,
or a series of gifts from any one person totaling $100 or more, received
by you at any time during this reporting period or by any other person at your
direction, from or on behalf of, directly or indirectly, any person
who does business with the State or is regulated by the State, or is registered
or required to register under the lobbying title of the Public Ethics Law for
each gift, answer Questions 1 through 4.
Generally, gifts received by members of your immediate family will be
considered as gifts received by you for reporting purposes. You should note if the gift was received by a
spouse or dependent child.
The following
gifts need not be reported:
1. Gifts received
from your spouse, children and parents.
2. Political
campaign contributions regulated in accordance with the provisions of the
Elections Article or any other provision of State law regulating the conduct of
elections or the receipt of political campaign contributions. Contributions to legal defense funds are
generally considered to be gifts under the Ethics Law.
3. If, as a member
of the General Assembly, you attended a meals and beverages special event to
which a qualifying legislator group (all members, either house, a standing
committee or a county or regional delegation officially designated for
disclosure purposes by the presiding offices) was invited, you need not include
it in this financial disclosure form.
SCHEDULE E. Offices,
Directorships, Salaried Employment, and Similar Interests
List on this schedule the name and address of the principal
office of each business entity doing business with the State in which, at any
time during the reporting period, you or a member of your immediate family
(spouse and dependent children) held an office, directorship, salaried
employment, or similar interest. Also
list any other similar interests (such as being a partner) held by you or a
member of your immediate family during the reporting period, and not otherwise
disclosed on this Schedule, in any business entity doing business with the
State. For example, the presidency of a
corporation or a partnership in a law firm should be reported, as should
employment as an engineer in a consulting firm that is a partnership. For each office, directorship, and employment
to be disclosed, answer Questions 1 through 6.
SCHEDULE F. Debts
Report all debts you owed during the reporting
period to any entity doing business with the State. The Ethics Commission maintains a list of
financial institutions doing business with the State and it is available on our
web site http://ethics.gov.state.md.us.
Exclude retail credit accounts
(which includes store and bank charge accounts). You must, however, include installment loans,
mortgages, car loans, or other time-fixed liabilities owed to an entity
doing business with the State.
Please
answer Questions 1 through 7 for each debt to be disclosed. The Ethics Law
requires that you identify the person or entity to whom the debt is owed, the
date the debt was incurred, the terms of payment of the debt, the amount of the
debt owed as of the last day of the calendar year, the extent to which the
principal amount of the debt increased or decreased during the calendar year,
and a description of any security given for the debt. Additionally, if this
transaction resulted in a debt being owed by your spouse or dependent child,
you need to identify your spouse and/or child and describe the transaction.
SCHEDULE G. Family
Members Employed by the State
Please answer Questions 1 through 3 as appropriate listing
all members of your immediate family (spouse and dependent children) who
were employed by the State in any capacity at any time during the reporting
period. Include the name of the
agency where employed.
SCHEDULE H.
Employment and Business Ownership
Please answer Questions 1 and 2 as appropriate listing the name
and address of any places of employment and of business entities wholly or
partially owned by you, your spouse or a dependent child, and from which
income was earned during the reporting period whether or not the entity did
business with the State. For
example: salaried employment, individual consulting activities, private
practices, and business activities involving income‑producing real
property. With regard to
dependent children, you need report only earned income from employment or an
interest in a business entity if that employment or business entity did
business in excess of $10,000 with your agency or was regulated by your agency. For example, if your dependent child had
summer employment as a lifeguard or in a local restaurant, you need not report
that child’s employment.
SCHEDULE I. Disclosure of Interest - Representation
Before a State or Local Agency
This Schedule requires disclosure if you have represented a
person for compensation before a State or local government agency, except in a
judicial proceeding or in quasi-judicial proceeding. Include the name of the person or
entity represented, the services performed, and the financial
consideration. If more than one
representation occurred, make copies of Schedule I and attach all copies to the
disclosure statement.
SCHEDULE J. Disclosure of Interest - Financial
Relationship With The State or A Local Government
You must report any representation of a State or local
government agency for compensation and include the name of the agency,
the services performed, and the consideration. You must disclose the details of any
contractual relationship with the State or a State agency or a local
government in the State and include the subject matter and the
consideration. You must disclose the details
of any transaction with the State or a local government in the State
involving a monetary consideration. If
more than one relationship occurred, make copies of Schedule J and attach all
copies to the disclosure statement.
SCHEDULE K Disclosure of Interest - Interest in a
Business Regulated by a State Agency
List the name of any business enterprise subject to
regulation by a State agency in which you or a member of your immediate family
(spouse and children living with the legislator), together or separately, have
the lesser of: 1) 10 percent or more of the capital stock of any corporation or
2) capital stock of any corporation with a cumulative value of $25,000 or more;
and any interest in a partnership, limited liability partnership, or limited
liability company. If more than one
interest is to be disclosed, make copies of Schedule K and attach all copies to
the disclosure statement.
SCHEDULE L. (Optional)
This is an optional Schedule. Use this Schedule for any interest or
transactions you have not been required to disclose on Schedule A through K and
you wish to disclose. This Schedule may
also be used to amplify any entry already made.
Alternate formats will be provided upon request for persons
with disabilities.
October 1, 2007