What Does the Elkton Ethics Code Say About Conflicts of Interest

One of the subjects being discussed in the wake of the Ethics Commission ruling is what constitutes a conflict of interest in Elkton.  The three member Ethics board would have referred to the town code to see what guidance the laws provide and that subject seems to interest some.  Thus we’re posting the portion of the Ethics Code related to Conflict of Interest

—-  2.16.030        Conflicts of interest—Generally.

No officer or employee of the town shall be directly or indirectly interested in any services or materials furnished to the town, nor receive any emoluments or profit from such services or materials beyond the salary paid him; but this section shall not be applicable to persons who serve in positions for which no compensation is provided. (Prior code §4-1)

2.16.040        Conflicts of interest—Specific prohibitions.

The Town of Elkton officials and employees who are subject to this chapter shall not:

  1. Participate on behalf of the town in any mat­ter which would, to their knowledge, have a direct financial impact, as distinguished from the public generally, on them, their spouse or dependent child, or a business entity with which they are affiliated;
  2. Hold or acquire an interest of ten percent or greater in a business entity that has or is negotiating a contract of ten thousand dollars ($10,000.00) or more with the town or is regulated by their agency, except as exempted by the commission, where the interest is disclosed pursuant to Section 2.16.060 of this chapter;
  3. Be employed by a business entity that has or is negotiating a contract of more than ten thousand dollars ($10,000.00) with the town or is regulated by their agency, except as exempted by the com­mission pursuant to Section 2.16.060 of this chapter;
  4. Hold any outside employment relationship that would impair their impartiality or independence of judgment;
  5. Represent any party for a contingent fee, before any town body;
  6. Within one year following termination of town service, act as a compensated representative of another in connection with any specific matter in which he participated substantially as a town em­ployee;
  7. Solicit any gift or accept gifts of greater than fifty dollars ($50.00) in value, from any person that has or is negotiating a contract with the town or is regulated by their agency, except when these gifts would not present a conflict of interest as deter­mined by the commission;
  8. Use the prestige of their office for their own benefit or that of another;
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2 responses to “What Does the Elkton Ethics Code Say About Conflicts of Interest

  1. Don’t need a lawyer to read this state law. Shouldn’t vote on things that effects your job. Says it right there. Just plain common sense besides.

  2. Thanks Fred for posting your thoughts. As I read the code, it does say they should not “participate on behalf of the town in any mat­ter which would, to their knowledge, have a direct financial impact, as distinguished from the public generally, on them, their spouse or dependent child, or a business entity with which they are affiliated.” Certainly the intent of that and other sections seem clear in that the code is trying to build a firewall that will protect all the stakeholders, including officials or employees.

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