There is hereby adopted a Code of Conduct applicable to elected and
appointed officials and employees of the Town of Millsboro to read as follows.
For the purposes 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
All employees of the Town of Millsboro.
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% or more in the case of a corporation whose stock is regularly
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.
KICKBACK
Any payment, gratuity or benefit paid or to be made on behalf of
any bidder, contractor, prospective contractor, subcontractor, prospective
subcontractor or any person associated with any of them to any official or
employee as an inducement or reward for the employment of a contract, subcontract,
order or favor.
MATTER
Any application, petition, request, business dealing, contract, subcontract
or any other transaction of any sort with the Town of Millsboro.
OFFICIAL
Any elected or appointed official of the Town of Millsboro and all
members of any committee or commission appointed by the Mayor of the Town
of Millsboro 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 Millsboro.
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 Millsboro.
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,
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 officer 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.
[Added 5-3-1999]
E. No employee or official may represent or otherwise assist
any private enterprise with respect to any matter before the town with which
the employee or official is associated by employment or appointment. This
subsection shall not preclude any employee or official from appearing before
the town or otherwise assisting any private enterprise with respect to any
matter in the exercise of such person's official duties.
[Added 11-1-1999]
F. No person who has served as an employee or official of
the town shall represent or otherwise assist any private enterprise on any
matter involving the town for a period of two years after termination of employment
or official status with the town, if the person gave an opinion, conducted
an investigation or otherwise was directly and materially responsible for
such matter in the course of official duties as an employee or official. Nor
shall any former employee or official disclose confidential information gained
by reason of public position; nor shall the person otherwise use such information
for personal gain or benefit.
[Added 11-1-1999]
G. Each employee or official shall endeavor to pursue a
course of conduct which will not raise suspicion among the public that such
employee or official is engaging in acts which are in violation of the public
trust and which will not reflect unfavorably upon the town and its government.
[Added 11-1-1999]
H. No employee or official shall engage in any activity
beyond the scope of such public position which might reasonably be expected
to require or induce such employee or official to disclose confidential information
acquired by such employee or official by reason of such public position.
[Added 11-1-1999]
I. No employee or official shall acquire a financial interest
in any private enterprise which such official has reason to believe may be
directly involved in decisions to be made by such official in an official
capacity on behalf of the town.
[Added 11-1-1999]
J. Any employee or official who has a financial interest
in any private enterprise which is subject to the regulatory jurisdiction
of, or does business with, the town shall file with the town a written statement
fully disclosing the same. Such disclosure shall be confidential and the town
shall not release such disclosed information, except as may be necessary for
the enforcement of this chapter. The filing of such disclosure statement shall
be a condition of commencing and continuing employment or official status
with the town.
[Added 11-1-1999]
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 that 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.