As used in this chapter, the following terms shall have the
meanings indicated:
CLOSE RELATIVE
An official's or employee's parent, spouse, child (natural
or adopted), sibling, grandparent or grandchild, whether whole, half,
or step.
EMPLOYEE
Any person employed by and receiving compensation from the
City of Lewes on a full- or part-time basis. "Employee" does not include
an individual holding an elected or appointed position with the City
of Lewes.
EMPLOYMENT INTEREST
An official or employee has an employment interest if he
or she, or his or her close relative, is discussing possible employment
(whether compensated or not), or a change in the terms and conditions
of employment, with a person having a matter pending before the City
of Lewes.
ENTITY
Any corporation, company, partnership, proprietorship, or
other organization, including nonprofits.
FINANCIAL INTEREST
An official or employee possesses a financial interest if
he or she or a close relative could be financially affected, directly
or indirectly, by a matter. A financial interest does not include
an ownership interest equal to 1% or less in a public company.
MATTER
Any issue, initiative, application, ordinance, or similar
item, and anything requiring an action or inaction by a City official
or employee in their official capacity, that has been suggested or
proposed, formally or informally, and has not been finally resolved,
whether executive, legislative, or adjudicatory in nature.
[Amended 5-23-2022]
OFFICIAL
A person who holds an elected or appointed position with
the City of Lewes.
PERSON
Any individual or entity.
PERSONAL OR PRIVATE INTEREST
A personal or private interest in a matter is an interest
that tends to impair the impartiality of an official or employee in
the performance of his or her official duties with respect to that
matter. A personal or private interest includes, but is not limited
to, any financial or employment interest that is affected, directly
or indirectly, by a matter.
An official or employee of the City of Lewes shall:
A. Pursue
the interests of the City of Lewes in official actions.
B. Avoid
official actions or inactions that, from the perspective of a reasonable
person, do or might give the appearance of pursuit of personal or
private interests before the interests of the City of Lewes.
C. Exercise
impartial and independent judgment based on analysis and consideration
of the record of a matter, applicable law and precedent, and the best
interests of the City of Lewes. Decisions and actions of the employees
and officials of the City should be the result of the exercise of
independent judgement concerning a matter. Reliance on race, marital
status, genetic information, color, age, religion, sex (including
pregnancy), sexual orientation, gender identity, national origin,
or any other protected classification under state or federal law,
or stereotypes based on the foregoing factors, are examples of prohibited
actions. However, advocacy for a position or initiative, policy, action,
or position reflecting the exercise of independent and impartial judgement
based on analysis and consideration of the record of a matter, applicable
law and precedent, and/or the best interests of the City of Lewes
is always appropriate.
[Amended 5-23-2022]
D. Adhere to the disclosure and recusal provisions of this
chapter.
E. Cooperate
fully and forthrightly with all proceedings of the Board of Ethics.
F. No
official or employee shall use his or her position to secure special
privileges, advancement, gain, or exemptions for himself, herself,
or others whether for compensation, gratuity or without any compensation
or gratuity.
G. No
official or employee shall solicit, demand, accept, or agree to accept
from another person anything of a value for or because of any official
action taken or to be taken or which could be taken or any legal duty,
to be performed or which could be performed by such official or employee.
H. No
official or employee shall, beyond the scope of such public position,
disclose confidential information gained by reason of such public
position nor shall an official or employee otherwise use such information
for personal gain or benefit.
I. No
official or employee, in the course of his or her public responsibilities,
shall use the granting of sexual favors as a condition, either explicit
or implicit, for an individual's favorable treatment by the City.
[Amended 5-23-2022]
All voting members of elected public bodies of the City shall
disclose to the City Manager, in writing, their interests in real
estate located in or contiguous to the City and in any entity doing
business in the City. Such disclosures shall be made within 20 days
following the effective date of this requirement, election, or appointment,
whichever is earlier, shall be amended within 20 days following any
change in the information disclosed, and shall be publicly available.
[Amended 5-23-2022]
An official or employee who has a personal or private interest
in or concerning a matter or is unable to exercise independent judgement
must recuse himself or herself from discussion, consideration, review,
and voting on the matter, and may do so without disclosing the nature
of the conflict or interest.
In any case where a person has a statutory responsibility with
respect to action or inaction on any matter in which he or she may
have a personal or private interest and there is no provision for
the delegation of such responsibility to another person, nor is there
any provision for the designation of another person to take action
or refrain from taking action, the person may exercise responsibility
with respect to such matter, provided that he or she promptly, after
becoming aware of such personal or private interest, files a written
statement with the City Council fully disclosing the personal or private
interest and explaining why it is not possible to delegate responsibility
for the matter to another person.