CHAPTER 2

ADMINISTRATION AND GOVERNMENT

Article 1.  Code of Ethics for Officials and Employees of the Town of Bel Air

2-101   Definitions
2-102   Applicability of Chapter
2-103   Officials, Candidates and Employees
2-104   Board of Ethics
2-105   Disclosure Statement
2-106   Gifts
2-107   Lobbying Disclosure
2-108   Enforcement
2-109   Criminal Penalties
2-110   Disciplinary Action

Article 2.  Personnel Ordinance

2-201   Definitions
2-202   Scope
2-203   Administration
2-204   Political Activities
2-205   Unlawful Acts
2-206   Penalties
2-207   Separability

Article 3.  Indemnification of Town Official

2-301   Definitions
2-302   Applicability
2-303   Exceptions and Conditions

Article 1.  Code of Ethics for Officials and Employees of the Town of Bel Air

Section 2-101.  Definitions

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Candidate.   A person filing for election to a municipal office.

Entity.  Any partnership, association, corporation, firm, institution, trust, foundation, sole proprietor, or other organization (except the State and the Town of Bel Air or any agency thereof) whether or not operated for profit.

Family.  Mother, father, spouse, children (including a legitimate, adopted, stepchild, grandchild, foster child or illegitimate child of whatever age).

Financial interest.  Ownership by either the official or employee, his spouse, child, parent, brother or sister of more than $25,000 or one percent (1%), whichever is greater, of the invested capital or capital stock or obligations of any entity.

Interest.  Any legal or equitable pecuniary interest, whether or not subject to any encumbrance or a condition, which is owned or held, in whole or in part, jointly or severally, directly or indirectly.  However, “interest” shall not include an interest held solely in the capacity of a personal representative, agent, custodian, fiduciary or trustee, nor an interest in a time or demand deposit in a financial institution, nor 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.

Official or Employee.  Any Town Commissioner of the Town of Bel Air or person employed by and receiving compensation from the Town of Bel Air in any capacity, or any person appointed to serve on boards, town counsel, commissions or legislated committees of the Town.

Real Property.   Land owned, leasehold interest, or option to purchase.

Town agency.  Any Town office, department, institution, board, commission, committee, or corporation, which is recognized as a branch or segment of Town government, either by the Town Charter or by any Ordinance or any Resolution of the Town.

Transaction Involving the Town of Bel Air.  Any proceeding, application, submission, request for filing or other determination, any contract, claim or case, any sale or purchase, any computer transfer of monies or information, or other such matter that the Town of Bel Air or any of the agencies, boards, commissions, offices, and committees thereof may be a
party to or in which the Town of Bel Air may reasonably be expected to be a party.

The provisions of this Chapter shall apply to all officials, candidates, and employees of the Town of Bel Air.

Section 2-103.Officials, Candidates, and Employees

A.        Except as permitted by regulation or opinion of the Board of Ethics of the Town of Bel Air as to officials, candidates, and employees subject to its authority, an official, candidate, or employee may not participate in 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/her knowledge, he/she or his/her spouse, parent, child, brother or sister has an interest therein or if any of the following is a party thereto:

1.         Any entity in which the official, candidate, or employee has a direct financial interest of which he may reasonably be expected to know;
2.         Any entity of which he is an officer, director, trustee, partner, or employee, or in which the official, candidate, or employee knows any of the above listed relatives has such interest;
3.         Any entity with which the official, candidate, or employee or, to the knowledge of the official, candidate or employee, any of the above listed relatives is negotiating or has any arrangement concerning prospective employment;
4.         Any entity which is a party to an existing contract or agreement with the official, candidate, or employee, or which the official, candidate, or employee knows is a party to a contract or agreement with any of the above names relatives, if the contract or agreement could reasonably be expected to result in a conflict between the private interests of the official, candidate, or employee and his official Town duties;
5.         Any entity, either engaged in a transaction with the Town or subject to regulation by the entity of which he/she is an official, candidate, or employee, in which a direct financial interest is owned by another entity in which the official, candidate, or employee has a direct financial interest, if the official, candidate, or employee may be reasonably expected to know of both direct financial interests;
6.         Any entity which the official, candidate, or employee knows is his/her creditor or obligee, or that of any of the above named relatives, 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, candidate, or employee or any of the above named relatives.

B.       In addition, an official or employee shall not:

1.         Be employed or acting on behalf as a consultant of an entity that has or is negotiating a contract or a series of contracts that total more than $15,000 with the Town or is regulated by the agency of which he/she is an official or employee, except as exempted by the Board of Ethics of the Town or pursuant to Section 2-105 of this Article;
2.         Hold any outside employment or consultant relationships that would impair their impartiality or independence of judgment;
3.         Represent any party for a contingent fee before any Town body;
4.         Within 1 year following termination of Town service, act as a compensated representative of another in connection with any specific matter in which he/she participated substantially as a Town official or employee; 
5.         Solicit a gift of any value or accept a gift of greater than $25.00 in value, from any person that has or is negotiating a contract or agreement with the Town or is regulated by the Town agency of which he/she is an official, or employee.  For purposes of this Section, gift includes the transfer of anything of economic value regardless of form without adequate and lawful consideration; 
6.         Intentionally use the prestige of office or public position for that official’s or employee’s private gain or that of another.  The performance of usual and customary constituent services, without additional compensation, is not prohibited under this subsection.
7.         Use confidential information acquired in their official Town position for their own benefit or that of another.

C.        In addition, a candidate shall not:

1.         Solicit a gift of any value or accept a gift of greater than $25.00 in value, from any person that has or is negotiating a contract or agreement with the Town or is regulated by the Town agency of which he/she seeking election.  For purposes of this Section, gift includes the transfer of anything of economic value regardless of form without adequate and lawful consideration;
2.         Represent any party for a contingent before any Town body.

D.        If a disqualification pursuant to subsections A and B 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 in an open meeting the nature and circumstances of the conflict and may then participate or act.  If the official or employee so participates or acts, the official or employee shall report such action or participation to the Board of Ethics in the manner established in Section 2-104 of this Article.

Section 2-104. Board of Ethics

A.        Board of Ethics is hereby established for the purpose of administering this Code of Ethics and recommending necessary changes to the Board of Town commissioners from time to time.  The Board of Ethics shall consist of five Town of Bel Air residents, not less than 21 years of age, who shall be appointed by the Board of Town Commissioners of Bel Air.  Members shall serve staggered four-year terms and shall be removed only for cause.  No member of the Board shall be otherwise an official or employee of the Town of Bel Air nor shall any member receive compensation.

1. The Board of Ethics of Bel Air shall have the following powers:
   The Board is authorized to receive (a) written disqualifications from officials and employees abstaining from potential conflicts of interest, and disclosure statements as required under Section 2-105 and (b) written complaints signed by the complainant.  The Board is further authorized to conduct investigations upon conflict of interests and complaints, hold private hearings, swear witnesses, issue subpoenas, render advisory opinions as to the applicability of this Code to the Board of Town Commissioners and to other Town officials, candidates, and employees of the Town and adopt rules of procedure for the conduct of its own business.  The source of complaint (except to the accused official, candidate, or employee), requests for advisory opinions, and all investigations shall be kept confidential.  Findings, recommendations, advisory opinions and interpretations may be made public in the Board’s discretion where such disclosure does not contravene applicable public disclosure laws.  The Board shall keep accurate and complete records of its business.
2. The Board is authorized to receive disclosure statements from candidates, as required in this legislation.
3. Upon receipt of a request for an advisory opinion, the Board of Ethics shall issue a preliminary response within ten (10) calendar days and a final opinion within twenty (20) calendar days. 
4. Upon receipt of a complaint alleging conflict of interest or other violations of this Code, the Board of Ethics shall within thirty (30) days determine if there is probable cause to believe a violation has occurred.  If the Board determines that there is no probable cause for the complaint, the Board shall dismiss the matter summarily, with or without disclosing it to the official, candidate, or employee involved, as it may see fit.  If probable cause is determined, the Board shall take further discreet investigatory and procedural steps necessary to resolve the matter, to include: notifying the accused in writing that there is reasonable basis for the complaint and the specific date and time a hearing will be held, providing the accused an opportunity to be represented by counsel, to confront his/her complainant, and to present evidence on his/her behalf at a fair hearing.  If the person accused requests a public hearing, in writing, his/her request shall be granted.
5. If, after appropriate investigation or hearing, the Board shall find that a violation of this Code of Ethics did or continues to exist, the Board, after notification to the Board of Town Commissioners of Bel Air, is authorized either to certify the matter to the State’s Attorney or, short of such certification, to pass appropriate corrective or rectifying orders directed to the official, candidate, employee, or Town agency involved.  Corrective or rectifying orders may be passed by a majority of the Board, but no criminal action shall be initiated under this Code without the unanimous certification of the Board.  If a case is certified, the Board shall also supply to the State’s Attorney the evidence, facts, findings, or testimony upon which the certification is based.  If a corrective or rectifying order is passed by the Board, it shall be accompanied by a statement of facts and findings.  Failure of any official, candidate, employee, or Town agency to comply with an order of the Board shall be grounds for immediate certification of the case to the State’s Attorney.
6. In order to prevent injustice, the Board with the unanimous approval of the Board of Town Commissioners of Bel Air, may specifically authorize any Town official or employee to own stock in any corporation or to maintain a business connection with an entity participating in any transaction with the Town, if upon full public disclosure of all pertinent facts by such official or employee to the Board and the Commissioners, both the Board of Ethics and the Board of Town Commissioners determine unanimously that such stock ownership or business connection does not violate the public interest. 
7. The Board shall adopt such rules or procedures as it may deem necessary to carry out the duties and responsibilities created hereunder.
8. The Board of Ethics may issue a cease and desist order against any person found to be in violation of this Article any may seek enforcement of this order in the Circuit Court of Harford County.  The Board or the Court may issue a cease and desist order for any violation of the provisions of this Article in addition to the penalties provided in Section 2-107 of this Article.

C.        A Town official, candidate, or employee found to have violated this Article may be subject to disciplinary or other appropriate personnel action, including suspension of Town salary or other compensation.

Section 2-105.  Disclosure Statement

A.        A potential conflict of interest shall exist if an official, candidate, or employee anticipates taking any action or participates in any matter, except in the exercise of ministerial duty which does not affect the disposition or decision of that matter, wherein the official’s, candidate’s, or employee’s conduct is prohibited under Section 2-103.

B.        Where a potential conflict of interest may exist, the official, candidate, or employee involved shall file a disclosure statement form containing the information herein specified with the Town Clerk on behalf of the Board of Ethics at least ten (10) days prior to the taking of said anticipated action or at the time when said official, candidate, or employee first obtains knowledge of said potential conflict, whichever shall first occur.
C.        A disclosure statement and all file copies filed hereunder shall be destroyed after the expiration of one (1) year from the date of final governmental action in the matter concerning which the conflict arose.  All such disclosure statements filed pursuant to this Section shall be maintained by the Board of Ethics of the Town and shall be made available for public inspection and copying at the Office of the Town Clerk.
D.        When a disclosure statement is required pursuant to Section 2-105, it shall contain schedules disclosing the following interests of the person making the statement, together with the following information, if known for the calendar year for which the required statement is to be filed:

1.   Interests in real property - A schedule of all interests in real property wherever located.  This Schedule, as to each such interest, shall include:

a.   The nature of the property and the location by street address, mailing address or legal description of the property;
b.   The nature and extent of the interest held, including any conditions thereto and encumbrances thereon;
c.   The date when, the manner in which and the identity of the person from whom the interest was acquired;
d.   The nature and 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;
e.   With respect to any interest transferred, in whole or in part, at any time during the year for which the statement is filed, a description or the interest transferred, the nature and amount of the consideration received in exchange therefore and the identity of the person to whom the interest was transferred; and
f.    The identity of any other person with an interest in the property.

2.   Interests in corporation - A schedule of all interests in any corporation, whether or not the corporation does business with the Town.  This schedule, as to each such interest, shall include:

a.   The name and address of the principal office of the corporation and where applicable, the exchange where the stock or stocks are traded;
b.   The nature and amount of the interest held, including any conditions thereto and encumbrances thereon; provided, however, that an amount of stock or like evidence of equity interest, at the option of the person making the report, may be reported by the number of shares held and, unless the corporation stock is publicly traded on a stock exchange, in an over-the-counter market, or otherwise, the percentage of equity interest so held, instead of by dollar amount;
c.   With respect to any interest transferred, in whole or in part, at any time during the year for which the statement is field, a description of the interest transferred, the nature and amount of the consideration received in exchange therefore, and, if known, the identity of the person to whom the interest was transferred; and
d.   With respect to any interest acquired during the year for which the statement is filed;
1.   The date when, the manner in which and the identity of the person from whom the interest was acquired; and
2.   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.

3.   Interests in other entities doing business with the Town - A schedule of all interests in any other entity which does business with the Town.  This schedule, as to each such interest, shall include:

1. The name and address of the principal office of the entity;
2. Any nature and amount of the interest held, including any conditions thereto and encumbrances; and
3. With respect to any interest transferred, in whole or in part, at any time during the year for which the statement is filed, a description of the interest transferred, the nature and amount of the consideration received in exchange therefore, and the identity of the person to whom the interest was transferred; and
4. With respect to any interest acquired during the year for which the statement is filed:

1.   The date when, the manner in which, and the identify of the person from whom the interest was acquired; and
2.   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.

4.   Employment by entity doing business with Town - A schedule of all offices, directorships and salaried employment, or any interest not otherwise disclosed, held by the person making the statement or by any member of his/her immediate family at any time during the year for which the statements is filed in any corporation or other entity which does business with the Town.  This schedule, as to each such position or interest, shall include:

1. The name and address of the principal office of the entity;
2. The nature of the position or interest held and the date it commenced; and
3. The name of each Town agency with which the entity is involved and the nature of the involvement.

5.   Indebtedness to persons doing business with the Town - A schedule of all indebtedness, excluding retail credit accounts, which is owed at any time during the year for which the statement is filed to any person doing business with the Town and which the person filing the statement may be reasonably expected to know including, if the person making the statement was involved in the transaction giving rise to the debt, that is owned by his/her immediate family.  This schedule, to each such debt, shall include:

a.   The identity of the person to whom the debt was owned and the date it was incurred;
b.   The amount of the debt owed as of the end of the year for which the statement is filed;
c.   The terms of payment of the debt and the extent to which the principal amount of the debt was increased or reduced during the year; and
d.   The security given, if any, for the debt.

6.   List of family members employed by the Town - A list of all members of the immediate family of the person making the statement employed by the Town in any capacity at any time during the year for which the statement is filed.

1. Source of earned income - Submit a schedule of all income received, regardless of source, to include the name and address of each source of income; and/or any entity of which the person or a member of his/her immediate family was a sole or partial owner and from which the person or a member of his/her immediate family received earned income, at any time during the year for which the statement is filed.

8.   Additional information - Such additional interests or information as the person making the statement might desire.

E.         For the purpose of this Section, the following shall be considered to be the interest of the person making the statement:

1.   Any interest held by the spouse or a child of the person making the statement, if such interest was at any time during the year for which the statement is filed directly or indirectly controlled by the person making the statement.
2.   Any interest held by an entity in which a ten (10) percent or greater interest was at any time during the year for which the statement is filed held by the person making the statement.
3.   Any interest held by a trust or an estate in which, at any time, during the year for which the statement is filed, the person making the statement (a) held a reversionary interest or was a beneficiary or (b) if the trust was revocable, was a settler.

Section 2-106. Gifts

A.        Each official or employee of the Town of Bel Air shall file with the Town clerk at least annually in January a schedule of gifts for each gift of $100.00 or more, or series of gifts, in any form, totaling $100.00 or more from any one person received at any time during the year for which the statement is filed by the person making the statement, or by any other person at the direction of the person making the statement, from, or on behalf or, directly or indirectly, any person who does business with the Town or is regulated by the Town; provided, however, that neither gifts received from members of the immediate family including spouse, children and parents of the person making the statement nor campaign contributions regulated in accordance with the provisions of Article 1, Chapter 5, et seq. of this Code, or any other provision of the Town law regulating the conduct of elections or the receipt of political campaign contributions need be disclosed.  A newly elected official shall begin filing such a schedule of gifts for the year of his/her election in January of the following year.  This schedule, as to each gift, shall include:

1.   The nature and value of the gifts;
2.   The identity of the person from who, or on behalf of whom, directly or indirectly, the gift was received;
3.   All such schedules of gifts shall be available for public inspection and copying at the Office of the Town Clerk and shall be maintained at such office for at least one year from date of filing;

Section 2-107. Lobbying Disclosure

A.        Any person who appearing before or communicating with any Town official or employee with the intent to influence that person in performance of his/her official duties, and who, in connection with such intent expends or reasonably expects to expend in a given calendar year in excess of $100.00 of food, entertainment or other gifts, in any form, for such officials, shall file a registration statement with the commission not later than January 15 of the calendar year or within 5 days after first making these appearances.

B.        The registration statement shall include complete identification of the registrant and of any other person on whose behalf the registrant acts.  It shall also identify the subject matter on which the registrant proposes to make these appearances or communications, and shall cover a defined registration period not to exceed one calendar year.

C.        Registrants under this Section shall file a report within 30 days after the end of any calendar year during which they were registered, disclosing the value, date, and nature of any food, entertainment or other gift, in any form, provided to a Town official or employee.  When a gift or series of gifts, in any form is given to a single official or employee and the gift(s) exceed $50.00 in value, the official or employee shall also be identified.

D.        The registrations and reports filed pursuant to this Section shall be maintained by the commission, in the Town Clerk’s Office, as public records available for public inspection and copying.

Section 2-108. Enforcement

A.        Petition by Board of Ethics

1. Judicial Relief - To compel compliance with an order, or to seek other relief authorized by this Ordinance, the Board of Ethics may file a petition in the Circuit Court of Harford County. 
2. Relief Generally - The Court may compel compliance with the Board of Ethics order:
   1. By issuing an order to cease and desist from the violation; or
   2. By granting other injunctive relief.
3. Special Relief - In addition, the Court may:
1. Impose a fine not exceeding $5,000 for a violation of this title, with each day that the violation occurs being a separate offense and which shall be paid to the Department of Finance and deposited in the General Fund, or
2. Except as provided in paragraph 4 of this subsection, void an official act of an official or employee if:
   1. The official or employee had a conflict of interest that is prohibited by this title;
   2. The act arose from or concerned the subject matter of the conflict;
   3. The proceeding was brought within 90 days after the act occurred; and
   4. The Court determines that the conflict had an impact on the act.
4. Special Relief - The Court may not void an official act that:
   1. Appropriates public funds;
   2. Levies a tax; or
   3. Provides for the issuance of a bond, note, or other evidence of public obligation.
   4. Scope of Relief - After hearing the case, the Court may grant all or part of the relief sought.

Section 2-109     Criminal Penalties

A.        A person who knowingly and willfully violates Section 2-107 of this Ordinance is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
B.        If the person is not an individual, each officer or partner who knowingly authorizes or participates in a violation of Section 2-107 of this title is guilty of a misdemeanor and on conviction is subject to the penalty specified in Subsection A of this section.

Section 2-110           Disciplinary Action

In addition to any other penalty under this Ordinance, a public official or employee found by the Board of Ethics or a court to have violated this Ordinance:

A.        May be removed or subjected to other disciplinary action; and

1. If subject to an order of the Board of Ethics or the Circuit Court of Harford County directing compliance may not receive salary or other compensation pending full compliance with the order.

Article 2.  Personnel Ordinance

Section 2-201.  Definitions

For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Class.  A group of positions sufficiently similar as to the duties performed, degree of supervision exercised or received, minimum requirements of education, experience or skill and such other characteristics that the same title, the same tests of fitness and the same schedule of compensation can be applied to each position in the group.

Classification Plan.  A formal means of identifying the duties and responsibilities of the Town's classified positions, based upon studies of the various jobs and offices.

Classified Employee.  An employee who works in a classified position.

Classified Position.  A job designated for inclusion within the Classification Plan.

Compensation Plan.  A written statement providing the rate or range of pay received by each classified employee.

Exempt Employee.  The Town Administrator whose position is governed by the Town Charter.

Exempt Position.  A job or office authorized by the Board of Town Commissioners that is not designated for inclusion in the Classification Plan.

Objective Methods.  An impartial way of making a personnel related decision.

Office.  An appointive position of authority, trust or advisory nature.

Position.  Those duties and responsibilities constituting a single job or jobs.

Probationary Period.  Period of time given to a new employee or promoted employee to demonstrate that he or she can perform the duties of the position in a satisfactory manner.

Section 2-202.  Scope

All offices and positions of the Town are divided into exempt and classified positions.

Exempt positions shall include the following:

(a)        All elected officials and members of boards and commissions

(b)        Persons employed as consultants or counsel, rendering temporary professional services.

(c)        Personnel employed on non-recurring projects of limited duration

(d)       Volunteer personnel and personnel appointed to serve without pay

(e)        Town Administrator

Classified positions shall include all other employee who are not specifically placed in exempt positions by this ordinance or future resolutions.

All personnel actions shall be made without regard to race, sex, color, religion, national origin or political affiliation and shall be based on objective measurements of merit and fitness.

Section 2-203.  Administration

The Board of Town Commissioners shall:

(a)        Establish conditions of work such as duration of workweek, holidays, leave, compensation, fringe benefits and retirement plans.

(b)        Establish qualification standards for all exempt positions.

(c)        Adopt all other resolutions necessary for the regulation of personnel matters in conformity with the furtherance of this ordinance.

The Town Administrator shall:

(a)        Advise the Board of Town Commissioners of personnel strength levels and on the efficient utilization of the Town's employees.

(b)        Recommend to the Board of Town Commissioners for their approval rules governing the establishment and change of the classification and compensation plans.

(c)        Supervise and direct the operation and maintenance of the classification and compensation plans.

(d)       Establish qualification standards for each class in the classification plan.

(e)        Establish objective methods determining the relative qualifications of all job applicants develop selection and appointment procedures and make appointments to the Town's classified positions.  He shall appoint department heads only with the approval of the Board of Town Commissioners.

(f)        Establish probationary periods and requirements for newly appointed or newly promoted employees in classified positions.

(g)        Establish and maintain an employment record system.

(h)        Establish a plan for resolving employee grievances and complaints.

(i)         Appoint, suspend or remove for sufficient cause any Town employee other than a department head.  He shall appoint, suspend or remove for sufficient cause a department head only with the approval of the Board of Town Commissioners.

(j)         Establish employee disciplinary action procedures, which shall provide a means of presenting such charges, hearing rights and appeals procedures.

(k)        Adopt all other rules necessary for the regulation of personnel matters in conformity with the furtherance of this ordinance and the Charter of the Town.

Section 2-204.  Political Activities

No employee shall hold an elected office in the Town government.

No employee, official or person shall solicit any assessment, contributions or services for any individual who is a candidate for office or for any political party from any employee.

Nothing herein contained shall affect the right of the employee to hold membership in and support a political party, to vote, to express publicly or privately opinions on all political subjects and candidates, to maintain political neutrality or to actively participate in political meetings.  The employee has the right to engage in all such activities as a private citizen, and shall not engage in these activities while on Town premises, during working hours or while performing official Town duties.

Section 2-205.  Unlawful Acts

No person shall make any false statement, mark, rating or report with regard to any examination to a classified position or attempt to commit any fraud preventing the impartial execution of this law and policies.

No person shall, directly or indirectly, give, render, pay, offer, solicit and accept any money, service or other valuable consideration for any appointment, proposed appointment, promotion or proposed promotion to or any advantage in a classified position.

No employee of the Town or other person shall defeat, deceive or obstruct any person in his right to examination, eligibility or appointment under this ordinance or furnish to any person any special or privileged information for the purpose of affecting the rights or prospects of any person with respect to employment in the Town's classified positions.

Section 2-206.  Penalties

Violation of any provision of Section 2-204 or 2-205 may constitute grounds for dismissal.

Employees of the Town shall have the right to appeal a dismissal under Section 2-204 or 2-205 to the Circuit Court for Harford County pursuant to the provisions outlined in the Maryland Rules of Procedure at the time that the dismissal is made effective.

Section 2-207   Separability

Should any part of this ordinance be held invalid, the Board of Town Commissioners declare that they would have adopted all other provisions notwithstanding such illegality of a part and all remaining parts shall remain in effect.

Article 3.  Indemnification of Town Officials

Section 2-301.  Definitions

The term "Official" shall include all elected officials of the Town, the Town Administrator, the Superintendent of Public Works, the Deputy Superintendent of Public Works, the Director of Planning, the Planner, the Director of Administration, the Director of Finance, the Chief of Police and all Police Officers.

Section 2-302.  Applicability

The Town of Bel Air shall provide and pay for a legal defense for any of its Officials in any action which alleges damages resulting from tortuous acts or omissions committed by an Official within the scope of his or her office, duty or employment with the Town.  The right to a legal defense given herein is contingent upon an Official's full cooperation in such defense.  If an Official should fail to cooperate, he or she shall forfeit the right to a legal defense guaranteed hereunder.

Section 2-303.  Exceptions and Conditions

A.        Except as limited by Section 3-103 B and C hereof, the Town of Bel Air shall indemnify any of its Officials for any personal liability arising from tortuous acts or omissions done by any such Official within the scope of his or her office, duty or employment with the Town of Bel Air.

B.        The right to indemnify granted hereunder is contingent upon an Official's full cooperation in the legal defense provided pursuant to Section 2-302 hereof, if an Official fails to cooperate fully in such defense he or she forfeits any right to indemnity granted hereunder.

C.        Under no circumstances shall the Town of Bel Air indemnify any official for legal or other expenses or for any damages incurred as a result of acts which are determined in any court or other legal proceedings to constitute gross negligence or willful or wanton conduct taken in reckless disregard for the rights of others.

D.        Under no circumstances shall the Town of Bel Air indemnify any Official for punitive damages of any kind assessed or levied in any action for tort, contract or other liability brought against such employee.

E.         In cases involving employees, retirees, former employees, former Board of Commissioner members, members of the Planning Commission, Appearance and Preservation Committee, Community Development Commission, Board of Appeals, Board of Ethics, Historic District Commission, Tree Committee and Board of Election Judges, the Board of Commissioners may consider paying for the legal defense or indemnification or both on a case-by-case basis