Town of Delmar, MD Chapter 313 Code of Conduct

[HISTORY: Adopted by the Mayor and Council of the Town of Delmar, Delaware, 12-19-2011 by Ord. No. 162. Amendments noted where applicable.]

§ 313-1 Short title; applicability; statement of policy.

A. This chapter shall be known as the "Town of Delmar Code of Conduct."

B. This chapter shall be applicable to all elected and appointed officials and to all employees of the Town of Delmar.

C. It is the purpose of this chapter to insure the propriety and the preservation of public confidence in the officials and employees of the Town of Delmar and to establish ethical standards for those officials and employees which will protect the integrity of the government of the Town of Delmar.

§ 313-2 Definitions.

For the purpose of this chapter, the following definitions shall be applicable, unless the context clearly indicates to the contrary:

CLOSE RELATIVE

A person's parents, spouse, children (natural or adopted) and siblings of the whole and half blood.

COMPENSATION

Any money, thing of value or any other economic benefit of any kind or nature whatsoever conferred on or received by any official or employee of the Town in return for any service rendered or to be rendered by the official or employee or by another.

EMPLOYEE

Includes all employees of the Town of Delmar.

FINANCIAL INTEREST

An interest in a private enterprise which a person has if:

A. He has a legal or equitable ownership interest in the enterprise of at least 1% traded on an established securities market or he has a legal or equitable ownership interest in an enterprise other than that of a corporation whose stock is not regularly traded on an established securities market of at least 10%;

B. He is an employee, officer, partner, director, manager or trustee of an enterprise and receives from that enterprise, during the immediate preceding calendar year, or might reasonably expect to receive from the enterprise, during the current or next calendar year, income in excess of $5,000 for services as a manager, employee, agent, partner, member, director or officer of such private enterprise; or

C. He is a creditor of a private enterprise in an amount equal to at least 1% of the total debt in the case of a corporation whose securities are regularly traded on an established securities market or of at least 10% of the total debt of an enterprise whose securities are not regularly traded on an established securities market.[1]

MATTER

Any application, petition, request, business dealing, contract, subcontract, or any other transaction of any sort with the Town of Delmar.

OFFICIAL

Any elected or appointed official or officers of the Town of Delmar and all members of any committee or commission appointed by the Mayor of the Town of Delmar or appointed by the Town Council.

OFFICIAL RESPONSIBILITY

Any direct administrative or operating authority at any level, either exercisable alone or with others, either personally or through subordinates, to approve, disapprove, recommend or otherwise direct action on behalf of the Town of Delmar.

PERSON

Any individual, natural person, joint-stock company, partnership, voluntary association, society, club, firm, company, corporation, business trust, organization or any other group acting as a unit, or the manager, lessee, agent, servant, partner, member, director, officer or employee of any of them.

PERSONAL OR PRIVATE INTEREST

An interest in a matter which intends to impair the independent judgment of an official or employee in the performance of his duties with respect to that matter.

PRIVATE ENTERPRISE

Any activity conducted by any person, whether conducted for profit or not for profit, and includes the ownership of real and personal property. Private enterprise may include the activities of the state or any other political subdivision of the state or any agency, authority or instrumentality thereof.

TOWN

The Town of Delmar.

[1] Editor's Note: The original definition of "kickback," which immediately followed, was repealed at time of adoption of Code (see Ch. 305, General Provisions, Art. I).

§ 313-3 Standards of conduct for officials and employees.

The following standards of conduct shall be applicable to all officials, whether elected or appointed, and all employees of the Town:

A. No official or employee shall participate on behalf of the Town in the review or disposition of any matter pending before the Town or before a committee or commission thereof in which he has a personal or private interest; provided, however, that the prohibition set forth herein shall not apply if the person who has official responsibility with respect to the matter requests any person who has a personal or private interest to respond to questions concerning any such matter.

B. No official or employee shall use his position to secure special privileges or exemptions for himself or others, whether for compensation or gratuity or without any compensation or gratuity.

C. No official or employee shall solicit, demand, accept or agree to accept from another person anything of a pecuniary 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.

D. No official or employee, in the course of his public responsibilities, shall use the granting of sexual favors as a condition, either explicit or implicit, for an individual's favorable treatment by the Town.

E. No official or employee shall, beyond the scope of such position, and except in furtherance of his or her public duties and obligations, disclose confidential information obtained by reason of such public position, nor shall such official or employee use such information for personal gain or benefit.

F. No official or employee shall act, while performing his or her official duties or job functions or on Town property, in a violent, turbulent, quarrelsome, boisterous, indecent or disorderly manner, or use profane, vulgar or obscene language or gestures, or do anything tending to disturb the good order, morals, peace and dignity of the Town Council or the proper functioning of the Town and its employees.

G. No official or employee shall represent to a third party that the Town Council has taken a position, or adopted a policy, concerning a matter or issue when it has not done so, misrepresent a position or policy that has previously been adopted by the Town Council, or act contrary to such position or policy.

§ 313-4 Exceptions.

In any case where a person has a statutory responsibility with respect to action or nonaction on any matter in which he 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 to refrain from taking action, the person may exercise responsibility with respect to such matter, provided he promptly, after becoming aware of such personal or private interest, files a written statement with the Town Council fully disclosing the personal or private interest and explaining why it is not possible to delegate responsibility for the matter to another person.

§ 313-5 Contracting with Town.

A. The Town shall not make or enter into any contract in excess of $500 for materials, supplies, work or labor for the benefit and use of the Town with any official or employee of the Town or with any partnership in which any official or employee is a general partner or in any corporation in which any official or employee is a director or controlling stockholder or with any firm or company in which any official or employee has a pecuniary interest, unless the majority of the elected members of the Town Council, other than the interested official or employee, vote to execute such contract. Any such contract executed without such majority vote and consent shall be absolutely null and void.

B. Any person being awarded a contract with the Town in excess of $5,000 shall execute such documents as may be required by the Town and shall represent that no person has been retained to solicit or secure the contract with the Town upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting for bona fide employees or bona fide, established commercial agencies maintained by the person representing the contracting party for the purpose of securing business.

§ 313-6 Violations and penalties.

In addition to any other penalty set forth herein, any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than $200 nor more than $500 or be imprisoned for a term of not more than 60 days, or both, and shall pay the costs of prosecution.