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GLOSSARY OF DEFINED TERMS |
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Unless the context clearly indicates otherwise, the following words have the following meanings in the Financial Disclosure Statement: |
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Agency or County agency |
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(1) |
any department, principal office of the executive or legislative branch of County government: |
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(2) |
any board, commission, committee, task force or similar body appointed by the County Executive or County Council: |
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(3) |
the Revenue Authority, the Housing Opportunities Commission, and the Board of License Commissioners; |
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(4) |
each independent fire department or rescue squad that receives funds from the County or uses property owned by the County; and |
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(5) |
Agency or County agency, as used in this form, does not include the Montgomery County Public Schools (MCPS), the Maryland-National Capital Park and Planning Commission (MNCPPC) and the Montgomery County Planning Board, or the Washington Suburban Sanitary Commission (WSSC). These are all state-created agencies which are not subject to the County ethics law. |
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Business |
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any for profit or non profit enterprise, including a corporation, general or limited partnership, sole proprietorship, joint venture, association, firm, institute, trust or foundation. Business does not include a County Agency , but includes an independent fire department or rescue squad |
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Commission |
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the Montgomery County Ethics Commission, established under Section 19A-5 of the County Code |
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Common trust fund |
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A trust fund set up by a bank trust department to combine the assets of many small trusts for greater diversification |
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Compensation |
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any money or thing of value, regardless of form, including the sale or delivery of tangible or intangible property, that an employer pays or agrees to pay for services rendered |
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Confidential relationship |
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a confidential relationship exists if the relationship between two persons creates a privilege against testifying under state law. This term includes only the following relationships:
- Attorney - Client
- Accountant - Client
- Clergy - Parishioner
- News Media - Source
- Psychiatrist/Psychologist - Patient
- Social Worker - Client
- Psychiatric Mental Heatlh Nurse Specialist - Patient
- Spouse - Spouse
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Consumer credit account |
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an open ended credit account used to obtain money, property or services for personal, family or household purposes |
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Doing business with |
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(1) |
being a party with a County agency to a transaction that involves at least $1,000 during a year; |
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(2) |
negotiating a transaction with a County agency that involves at least $1,000 during a year; or |
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(3) |
submitting a bid or proposal to a County agency for a transaction that involves at least $1,000 during a year |
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Employment or employ |
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engaging in an activity for compensation |
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Gift |
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the transfer of anything of economic value, regardless of form, without an exchange of consideration of equal value. Gift does not include a transfer regulated by state law governing political campaigns or elections |
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Immediate family |
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spouse and dependent children. For a public employee immediate family also includes the employee’s domestic partner if the partner is receiving county benefits |
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Interest or economic interest |
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any source of income or any other legal or equitable economic interest, whether or not subject to an encumbrance or a condition, which is owned or held, in whole or in part, jointly or severally, directly or indirectly. Interest does not include: |
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(1) |
an interest in a time deposit (for example, Certificate of Deposit) or demand deposit (for example, savings account in a financial institution) or in a money market fund with assets of at least $10,000,000; |
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(2) |
an interest in a insurance policy, endowment policy, or annuity contract under which an insurance company promises to pay a fixed number of dollars, whether in a lump sum or periodically for life or some other specified period; or |
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(3) |
an interest in a common trust fund or a trust that forms part of a pension plan or profit sharing plan that: |
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(a) |
has more than 25 participants; and |
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(b) |
the Internal Revenue Service has determined qualifies as a trust under Sections 401 and 501 of the Internal Revenue Code |
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(4) |
an interest in a deferred compensation plan that: |
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(a) |
has more than 25 participants; and |
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(b) |
the Internal Revenue Service has determined qualifies under Section 457 of the Internal Revenue Code. |
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Lobbying |
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any attempt to influence any legislative, executive, or administrative action by a County agency |
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Lobbyist |
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any individual or organization who spends money or is compensated to influence legislative, executive, or administrative action by a County agency |
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Public employee |
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(1) |
the County Executive and each member of the County Council; |
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(2) |
any person employed by a County agency ,including the director of the agency; |
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(3) |
any person appointed by the County Executive or County Council to a board, commission, committee, task force, or similar body, whether or not: |
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(a) |
the person is compensated for serving on the body; or |
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(b) |
the body is permanent or temporary; |
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(4) |
any member of the Revenue Authority, the Housing Opportunities Commission or the Board of License Commissioners; and |
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(5) |
any other person providing service without compensation to a County agency if that person: |
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(a) |
exercises any responsibilities for government-funded programs, procurement, or contract administration for an agency; or |
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(b) |
has access to confidential information of an agency that relates to government-funded programs, procurement, or contract administration |
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Relative |
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(1) |
the public employee’s siblings, parents, grandparents, children, or grandchildren; |
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(2) |
the public employee’s spouse or domestic partner receiving County benefits, and the spouse’s or partner’s siblings, parents, grandparents, children, grandchildren; and |
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(3) |
the spouses of these relatives |
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Reversionary interest |
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a right to obtain in the future an interest in property; a reversionary interest is often subject to conditions such as passage of time or death of another |
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Revocable trust |
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a trust in which the person who creates the trust retains the right to terminate the trust and recover the property put in the trust |
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Qualified Relative |
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A relative who: |
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(1) |
is not registered, or is not required to register, as a lobbyist on a matter that is or could be considered by the County agency with which the filer is affiliated; |
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(2) |
does not do business with a County agency with which the filer is affiliated; or |
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(3) |
does not own or operate a business that is regulated by the County agency with which the filer is affiliated. |
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Reporting period |
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the previous calendar year (except when an employee leaves public employment; in that case, the time after the employee's last previous annual statement) |
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Year |
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calendar year |