1.70.030 Definitions.
In this Code of Ethics, unless the context clearly indicates otherwise, the following words or phrases have the meanings stated:
(a) “Board” means the WSSC Board of Ethics.
(b) “Business” means any for-profit or not-for-profit enterprise, including a corporation, general or limited partnership, sole proprietorship, joint venture, association, firm, institute, trust, or foundation. Business does not include a governmental entity.
(c) “Commission” means the Washington Suburban Sanitary Commission and “Commissioner” means a member of the Commission appointed under the Public Utilities Article, Annotated Code of Maryland.
(d) “Compensation” means 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.
(e) “Doing business with WSSC” means:
(1) Being a party with WSSC to a transaction that is at least $5,000, on a cumulative basis, during a year regardless of when the consideration is paid;
(2) Negotiating a transaction with WSSC that is at least $5,000, on a cumulative basis, during a year regardless of when the consideration is paid;
(3) Submitting a bid or proposal to WSSC for a transaction that is at least $5,000 during a year regardless of when the consideration is paid;
(4) Being a regulated lobbyist; or
(5) Being an entity regulated by WSSC.
(f)
(1) “Employee” means any person employed by WSSC in the following capacities:
(i) Merit system;
(ii) Probationary; or
(iii) Contractural employees, including short-term and long-term contracts.
(2) “Employee” does not include:
(i) Contract employees hired through another entity; or
(ii) Consultants.
(g) “Employer” means any person who pays or agrees to pay compensation for services rendered.
(h) “Employment” or “employ” means engaging in an activity for compensation.
(i) “Entity” means a person or government or instrumentality of a government.
(j) “Financial interest” means:
(1) Ownership of an interest as the result of which the owner has received within the past three years, is currently receiving, or in the future is entitled to receive, more than $1,000 per year; or
(2) Ownership of more than three percent of a business entity by an employee, or spouse or significant other of an employee; or
(3) Ownership of securities of any kind that represent, or are convertible into ownership of, more than three percent of a business entity by an employee, or the spouse or significant other of an employee.
(k) “Gift” means the transfer of anything of economic value, regardless of form, without an exchange of consideration of at least equal value. Gift does not include a transfer regulated by state or federal law governing political campaigns or elections.
(l) “Honorarium” means the payment of money or anything of value for: (1) speaking to, participating in, or attending a meeting or other function; or (2) writing an article that has been or is intended to be published. Honorarium does not include payment for writing a book that has been or is intended to be published.
(m) “Immediate family” means an individual’s spouse, significant other, and dependent children. A child is considered a dependent if the child is eligible to be claimed as dependent on a person’s federal income tax filing.
(n) “Interest” means 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:
(1) An interest in a time deposit or demand deposit in a financial institution;
(2) An interest in an insurance policy, 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;
(3) An interest in a mutual fund or exchange-traded fund (ETF);
(4) An interest held in the capacity of agent, custodian, fiduciary, personal representative, or trustee, unless the holder has an equitable interest in the subject matter; or
(5) An interest in a deferred compensation plan that:
(i) Has more than 25 participants; and
(ii) The Internal Revenue Service has determined qualifies as a trust under Sections 401, 457, and 501 of the Internal Revenue Code.
(o) “Lobbying” means performing any act that requires registration under Article VI of this chapter.
(p) “Member of household” means:
(1) If sharing an individual’s household, the individual’s spouse, significant other, child, ward, financially dependent parent, or other financially dependent relative; or
(2) An individual’s spouse, child, ward, parent, or other relative whose financial affairs the individual has legal or actual control of.
(q) “Outside employment” means any employment other than an employee’s position with WSSC.
(r) “Participate” means to contribute in any manner to a proceeding or recommendation or to the rendering of a determination, or to the approval or denial of an award, license, contract, or transaction, or failure to act with respect thereto when such failure to act is material.
(s) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind and any partnership, firm, association, corporation, or other entity.
(t) “Qualifying relative” means a spouse, significant other, parent, child, brother, or sister.
(u) “Significant other” means an employee’s partner who is eligible for same sex marriage or civil union partner benefits from WSSC or an employee’s partner over the age of 18 years, of either sex, who with the employee:
(1) Shares a close personal relationship and are responsible for each other’s welfare;
(2) Have shared the same legal residence for at least 12 months; and
(3) Have a joint financial relationship such as a joint housing, lease, mortgage or deed; joint ownership of a motor vehicle; joint checking or credit account; or designation of as a primary beneficiary on the employee’s life insurance, retirement benefits, or residuary estate under a will.
(v) “WSSC” means the Washington Suburban Sanitary Commission.
(w) “Year” means calendar year. (Res. 2022-2306; Res. 2011-1925; Res. 2003-1669 § 1(1-3))