[HISTORY: Adopted by the Levy Court of Kent County 6-27-1989 by Ord.
No. 89-10. Amendments noted where applicable.]
The Levy Court hereby declares that the proper operation
of democratic government requires that:
The purpose of this chapter is to define a code of ethics for Kent County
Government.
This chapter shall apply to all elected officials, their deputies, appointed
department managers and members of boards, commissions and committees.
As used in this chapter, the following terms shall have the meanings
indicated:
Any money, thing of value or any other economic benefit of any kind
or nature whatsoever conferred on or received by any person in return for
services rendered or to be rendered by himself or another.
When he or she, his or her parents, spouse, children (natural and
adopted) and siblings of the whole and half-blood:
Has a legal or equitable ownership interest in the enterprise with a
fair market value in excess of $5,000;
Is associated with the enterprise and received from the enterprise during
the last calendar year or might reasonably be expected to receive from the
enterprise during the current or the next calendar year income in excess of
$5,000 for service as an employee, officer, director, trustee or independent
contractor; or
Is a creditor of an insolvent private enterprise in an amount in excess
of $5,000.
An individual, partnership, corporation, trust, joint venture and
any other association of individuals or entities.
Any activity, whether conducted for profit or not for profit, and
includes the ownership of real or personal property, provided that "private
enterprise" does not include any activity of the State of Delaware, any political
subdivision or any agency, authority or instrumentality thereof.
A.
Public officials and employees shall endeavor to pursue
a course of conduct which will not raise suspicion among the public that they
are likely to be engaged in acts that are in violation of their trust and
which will not reflect unfavorably upon the county and its government.
B.
No public official or employee shall have any interest,
financial or otherwise, direct or indirect, or engage in any private enterprise
or transaction or incur any obligation of any nature which is in substantial
conflict with the proper performance of their duties in the public interest.
No public official or employee shall accept other employment, any compensation,
gift, payment of expenses or any other thing of monetary value under circumstances
in which such acceptance may result in any one of the following:
(1)
Impairment in the independence of judgment in the exercise
of official duties.
(2)
An undertaking to give preferential treatment to any
person.
(3)
Impeding government efficiency or economy.
(4)
The making of a governmental decision outside official
channels.
(5)
Any adverse effect on the confidence of the public in
the integrity of the government of the county.
C.
No public official or employee shall engage in any transaction
as a representative or agent of the county with any private enterprise in
which they have any financial interest that might reasonably tend to conflict
with the proper discharge of their official duties.
D.
No public official or employee shall by their conduct
give reasonable basis for the impression that any person can improperly influence
them or unduly enjoy their favor in the performance of their official duties
or that they are improperly affected by the kinship, rank, position or influence
of any person.
E.
No public official or employee shall make personal investments
in enterprises which they have reason to believe may be directly involved
in decisions to be made by them or which will otherwise create substantial
conflict between their duty in the public interest and their private investment.
F.
No public official or employee shall use or attempt to
use their official position to secure unwarranted privileges or exemption
for themselves or others.
G.
No public official or employee shall engage in any activity
beyond the scope of their employment which might reasonably be expected to
require or induce them to disclose confidential information acquired by them
by reason of their position as such employee.
H.
No public official or employee, beyond the scope of their
employment, shall disclose confidential information gained by reason of their
official position nor shall they otherwise use such information for personal
gain or benefit.
I.
No public official or employee other than a person who
provides services to the county solely as an independent contractor, nor any
private enterprise in which such a public official or employee has any financial
interest, shall sell goods or services to the county.
J.
Any public official or employee who violates the provisions
of this section shall be subject to such sanction as shall be prescribed by
the Levy Court.
A.
No public official or employee, whether paid or unpaid,
may approve, disapprove, vote or otherwise act upon any matter in which they
have a financial or other personal interest, direct or indirect, which is
incompatible with the proper discharge of their official duties in the public
interest or would tend to impair their independence of judgment or action
in the performance of their official duties. Personal interest, as distinguished
from financial interest, includes an interest arising from blood or marriage
relationships or close business or political association.
B.
A public official or employee has an interest which tends
to impair their independence of judgment or action in the performance of their
official duties when:
(1)
The enactment or defeat of any matter would result in
a financial benefit or detriment to accrue to the public official or employee
or other personal interest to a greater extent than such benefit or detriment
would accrue to others who are members of the same class or group of persons;
or
(2)
The public official or employee or other personal interest
has a financial interest in a private enterprise which enterprise or interest
would be affected by the matter to a greater extent than like enterprises
or other interests in the same enterprise.
C.
A public official or employee who has a financial or
other personal interest in any matter shall disclose on the records of the
Levy Court or other appropriate authority the nature and extent of such interest.
This provision shall not apply if the public official or employee disqualifies
themselves from voting on such matter.
D.
Any public official or employee who violates the provisions
of this section shall be subject to such sanction as shall be prescribed by
the Levy Court.
