[HISTORY: Adopted by the Town Council of the Town of Millsboro 1-4-1993
by Ord. No. LXI. Amendments noted where applicable.]
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.
A.
This chapter shall be known as the "Town of Millsboro
Code of Conduct."
B.
This chapter shall be applicable to all elected and appointed
officials and to all employees of the Town of Millsboro.
C.
It is the purpose of this chapter to ensure the propriety
and the preservation of public confidence in the officials and employees of
the Town of Millsboro and to establish ethical standards for those officials
and employees which will protect the integrity of the government of the Town
of Millsboro.
For the purposes of this chapter, the following definitions shall be
applicable unless the context clearly indicates to the contrary:
A person's parents, spouse, children (natural or adopted) and siblings
of the whole and half-blood.
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.
All employees of the Town of Millsboro.
An interest in a private enterprise which a person has if:
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%;
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
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.
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.
Any application, petition, request, business dealing, contract, subcontract
or any other transaction of any sort with the Town of Millsboro.
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.
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.
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.
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.
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.
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.
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 is pecuniarily
interested unless all 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 unanimous 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,
bona fide established, commercial agencies maintained by the person representing
the contracting party for the purpose of securing business.
C.
No employee or official and no private enterprise in
which an employee or official has a legal or equitable ownership of more than
10% (more than 1% in the case of a corporation whose stock is regularly traded
on an established securities market) shall enter into any contracts with the
town (other than an employment contract) unless such contract was made or
let after public notice and competitive bidding. Such notice and bidding requirements
shall not apply to contracts not involving more than $2,000 per year if the
terms of such contract reflect arm's length negotiations.
[Added 11-1-1999]
[Added 5-3-1999[1]]
A.
There is hereby established a Board of Ethics for the
Town of Millsboro consisting of five members, residents of the town, appointed
by the Mayor and confirmed by a majority vote of all the members of the Town
Council. Neither the Mayor nor any member of the Town Council nor any employee
of the town shall be a member of the Board of Ethics.
B.
Each member of the Board of Ethics shall be appointed
for a term of three years; provided, however, that upon the original appointments,
one member shall be appointed for terms of one year; two members for a term
of two years; two members for terms of three years. Each member shall be eligible
for reappointment and may be removed from office during the term thereof for
neglect of duty, gross misconduct in office or for a violation of this chapter.
C.
The Board shall elect from among its own number a Chairman
and a Secretary, each of whom shall serve for a period of one year or until
their respective successors have been duly appointed and qualified. Any vacancy
among the members of the Board shall be filled in the same manner as the original
appointment and shall be for the remainder of the unexpired term.
D.
The Board shall meet upon the call of its Chairman or
upon a written request by a majority of the members of the Board. The Board
shall adopt rules for the conduct of its meetings and for the holding of hearings.
A majority of the Board shall constitute a quorum for the transaction of any
business; provided, however, that the affirmative vote of three members is
required for the conduct of any disciplinary hearing or for the imposing of
any sanctions.
E.
The Chairman shall preside at all meetings. The Secretary
shall maintain the books and records of the Board and shall keep and maintain
a complete set of minutes of all meetings and hearings conducted by the Board.
F.
All complaints received by the Board concerning an alleged
violation of this chapter and all proceedings before the Board concerning
such allegations shall be confidential, and confidentiality of all such complaints
and proceedings, including the disposition thereof, shall be maintained unless
public disclosure is requested, in writing, by the official or employee whose
conduct is the subject of the complaint or hearing or the Board determines,
after a hearing, that a violation has occurred.
G.
It shall be the duty and responsibility of the Board
of Ethics to administer and implement the provisions of this chapter. To that
extent, the Board of Ethics may:
(1)
Recommend to the Town Council from time to time such
rules of conduct for officials and employees of the town as it shall deem
appropriate, including provisions and amendments to this chapter.
(2)
Hear and investigate complaints and transmit findings
to the Town Council or the Town Manager.
(3)
Issue written advisory opinions upon the request of any
town official or employee concerning the applicability of this chapter to
any particular factual situation.
(4)
Refer to the Town Solicitor for investigation any alleged
violation of this chapter and, after notice and hearing, recommend by resolution
such disciplinary action as it may deem appropriate to the Town Council. The
Board of Ethics may also dismiss, without reference to the Town Solicitor,
any complaint which the Board of Ethics determines is frivolous or fails to
state a violation.
(5)
Maintain a file of its proceedings, waiver decisions
and advisory opinions with a view toward achieving consistency of opinions
and recommendations subject to the confidentiality requirements of this chapter.
H.
Any person who, while a member of the Board of Ethics,
becomes a candidate for the office of Town Councilperson shall be disqualified
from sitting on any complaint received by the Board of Ethics while such person
is a candidate.
[Added 5-3-1999]
A.
Upon the sworn complaint of any person or on its own
initiative, the Board of Ethics may refer to the Town Solicitor for investigation
any alleged violation of this chapter. The Town Solicitor shall be the prosecuting
attorney in all disciplinary proceedings before the Board. In any such investigation
or proceeding, the defendant shall be given an opportunity to be heard after
notice, to be advised and assisted by legal counsel, to procure witnesses
and offer evidence and to cross-examine witnesses. A transcript of any such
proceeding shall be made and retained, subject to the confidentiality requirements
of this chapter.
B.
A member of the Board of Ethics shall not participate
as a member of the Board in any proceeding relating to his or her conduct.
A member of the Board who has been found by the Board to have violated this
chapter shall be ineligible to serve again as a member of the Board.
C.
A member of the Board of Ethics may disqualify himself
or herself from participating in any investigation of the conduct of any person
upon submission, in writing and under oath, of an affidavit of disqualification
stating that he cannot render an impartial and unbiased decision in a case
in which he seeks to disqualify himself.
D.
With respect to any violation with which a person has
been charged and which the Board of Ethics has determined is proved, the Board
of Ethics may take any one or more of the following actions:
(1)
Issue a written reprimand or censure of that person's
conduct.
(2)
With respect to any municipal employee or municipal officer,
other than an elected official, remove, suspend, demote or take other appropriate
disciplinary action with respect to that person within the limits of the Constitution
and the other laws of this state.
E.
In any proceeding before the Board of Ethics, upon the
request of any person charged with the violation of this chapter, such person
shall be permitted to inspect, copy or photograph books, papers, documents,
photographs or other tangible evidence which may be used as evidence against
that person in a disciplinary hearing which are material to the preparation
of his defense.
F.
In any proceeding before the Board of Ethics, if the
Town Solicitor or the Board at any time receives any exculpatory information
respecting an alleged violation against any person, it shall forthwith make
such information available to such person.
G.
Any person charged with a violation of this chapter may
apply to the Board for the issuance of subpoenas for the appearance of witnesses
and for the production of documents on his behalf. The application shall be
granted upon a concise showing by such person that the proposed testimony
or evidence is relevant or is reasonably calculated to lead to the discovery
of relevant evidence and is not otherwise available. The application shall
be denied if not made at a reasonable time or if the testimony or evidence
would be merely cumulative.
A.
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 $50 nor more than $200 or be imprisoned for a
term of not more than 20 days, or both, and shall pay the costs of prosecution.
B.
No person shall disclose any information required to
be maintained confidential pursuant to this chapter. Any person who knowingly
or willfully violates any provision of this chapter shall be guilty of a misdemeanor,
punishable for each such violation by imprisonment of not more than one year
and a fine not to exceed $1,000.
[Added 11-1-1999]
