Conflicts Affidavit

Download Conflicts Affidavit Form Here 

All City public servants are subject to the conflict of interest provisions in the Baltimore City Public Ethics Law, Article 8 of the City Code. City officials are required to file a conflicts affidavit, ensuring that they understand the conflicts of interest provisions of the Ethics Law, that they are not in violation of the provisions, and that they will comply with them in all future activities.

Officials may download the Conflicts Affidavit Form here and email it to [email protected]. They may also mail it to:

Baltimore City Ethics Board
100 N. Holliday Street, Suite 635
Baltimore, MD 21202
 

Jump to: Summary of Conflict of Interest Provisions


Conflicts Affidavit Filing Requirement

City officials are required to file a conflicts affidavit within 6 months of appointment. An official is any of the below (Art. 8, § 2-21): 

  • an elected official (§ 2-8)
  • the head of any department
  • the head of any bureau or division within a department
  • any other individual in a unit of City government who, whether acting alone or as a member of a board acting jointly with other board members:
    • has authority comparable to that of the head of a department or the head of a bureau or division
    • has decision-making authority in making City policy
    • has decision-making authority in the exercise of quasi-judicial, regulatory, licensing, inspecting, or auditing functions
    • acts as a principal advisor ro one who has authority of the type listed
  • the Chief Executive Officer, Chief Operating Officer, Chief Financial Officer, Executive Director, Executive Secretary, or Administrator of any agency (§ 2-2) or board (§ 2-3).

Summary of Conflict of Interest Provisions

Restrictions on Participation {§ 6-6} – A public servant (that is, any City official or employee) may not participate in – and must disqualify him- or herself from – any matter in which any of the following has an interest:

  • the public servant,
  • a close relative (that is, a spouse, parent, child, or sibling) of the public servant, or
  • an entity (or parent or subsidiary of an entity) in which the public servant or close relative:
    • has a financial interest
    • is a partner, officer, director, trustee, employee, or agent, or
    • has an existing or proposed employment, contractual, or debtor relationship.

Prohibited Employment or Interest {§ 6-11} – A public servant may not:

  • be employed by or have a financial interest in any entity that is subject to the authority of (for example, licensed or otherwise regulated by) the public servant’s agency, 
  • be employed by or have a financial interest in any entity that has or is negotiating a contract (or a subcontract on a contract) with the City or an agency of the City, if:
    • the contract is with, for the benefit of, or to be administered by the public servant's agency, or
    • the public servant’s duties include matters substantially relating to or affecting the subject matter of the contract and the contract binds or purports to bind the City to pay more than $1,000, or
  • hold any other employment relationship that would impair the public servant’s impartiality and independent judgment.

Prestige of Office {§ 6-36} – A public servant may not intentionally use the prestige of his or her office or position for his or her private gain or that of another.

Contingent Compensation {§ 6-21} – A public servant may not assist or represent someone for contingent compensation in any matter before or involving a City agency. 

Confidential Information {§ 6-37} – A public servant may not disclose or use, for her or his own benefit or that of another, any confidential information acquired by reason of the public servant’s position.

Post-Employment Restriction {§ 6-22}

  • A former public servant may not assist or represent someone for compensation, other than the City, in any case, contract, or other specific matter that involves the City, if the matter is one in which the former public servant significantly participated while with the City.
  • In addition, a former elected official may not assist another for compensation in any matter that is the subject of legislative action until 1 calendar year from the date on which the member left office.

Participation in Procurement {§ 6-38} – A person or entity that assists the City in preparing procurement specifications, documents, etc., may not be employed by or assist a bidder in that procurement.

Employment of Relative {§ 6-39} – An elected official may not use public funds to employ his or her relative or the relative of another elected official. For this purpose, “relative” means any spouse, parent or stepparent, sibling or step sibling, child, stepchild, foster child, or ward, mother-in-law or father-in-law, son-in-law or daughter-in-law, grandparent, or grandchild.

Gifts {§§ 6-26 and 6-27} – Subject to certain qualified exceptions, a public servant may not, directly or indirectly, for his or her own benefit or for the benefit of another, solicit any gift or knowingly accept any gift, even if unsolicited, from any person that the public servant knows or has reason to know:

  • does or seeks to do business of any kind with:
    • the public servant’s agency,
    • with another person in connection with that other person’s contract with the public servant’s agency,
    • engages or seeks to engage in an activity that is regulated or controlled by the public servant’s agency,
    • is or, within the past 12 months, has been a lobbyist with respect to matters within the jurisdiction of the public servant’s agency,
    • has a financial interest that might be significantly affected by the public servant’s actions, or
    • is an owner, partner, officer, director, trustee, employee, or agent of any person described in items (a) through (d).

Note: For this purpose, “gift” includes a donation to support a charitable or governmental function.