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 the
official or employee 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 herself or
others whether for 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/her public
responsibilities, shall use the granting of sexual favors as a condition,
either explicit or implicit, for any individual's favorable treatment
by the Town.
E. In any matter in which an official or employee has a personal or private interest as defined in this §
10-2 of this chapter and there is opportunity for the official or employee to delegate responsibility in the matter to another person and/or abstain from acting, the official or employee shall announce the issue to the Town Manager, or in the case of the Town Manager, Town Commissioner or appointed official, the official shall announce the issue to the Town Commissioners or the commission or board upon which the official serves, and thereafter delegate responsibility in the matter to another person and/or abstain from acting in the matter.
F. In any matter in which an official or employee has
a personal or private interest as defined in this chapter and there
is no opportunity or provision for the official or employee to delegate
responsibility in the matter to another person and/or abstain from
acting, the official or employee shall announce the issue to Town
Manager or, in the case of the Town Manager, Town Commissioner or
appointed official, the official shall announce the issue to the Town
Commissioners or the commission or board upon which the official serves,
fully disclose the personal or private interest and explain why it
is not possible to delegate responsibility for the matter to another
person or to abstain from acting in the matter.
G. No official or employee shall acquire a financial
interest in any private enterprise which such official or employee
has reason to believe may be directly involved in decisions to be
made by such official or employee in an official capacity on behalf
of the Town.
H. No official or employee shall use such employment
or public office to secure special privileges, private advancement
or gain for himself or herself or for related persons.
I. No official or employee shall, beyond the scope of
such public office or employment, disclose confidential information
gained by reason of such public office or employment nor shall such
official or employee use such information for personal gain or benefit,
unless such information is requested to be disclosed in accordance
with and is properly discoverable pursuant to the Delaware Freedom
of Information Act, 29 Delaware Code, Section 10001 et seq.
J. No official or employee shall create or cause unwarranted
interference with police officials or with civil regulatory investigations
or criminal investigations.
K. All elected officials, candidates for elected office,
and appointed officials shall submit to the Town Manager, subject
to Freedom of Information Act disclosure, the completed Financial
Disclosure Report.
Every Town official and employee, who has not already done so, shall be required to truthfully complete, execute and file with the Town Manager's office a Financial Disclosure Report within 30 days after the adoption of this chapter. Every candidate for an elected office and applicant for employment with the Town shall be required to truthfully complete, execute and file with the Town Manager's office a Financial Disclosure Report at the time of filing for candidacy or employment. Town officials and employees shall update the Financial Disclosure Report whenever the information concerning the official's or employee's financial status changes. It shall be the responsibility of the Town Manager to acquire proper submissions of the report and to maintain said reports. The reports shall be subject to the public records disclosure requirements of 29 Del. C. § 10003. The Town Manager shall report to the Board of Ethics any failure to file a Financial Disclosure Report or any perceived noncompliance with this section. The Board may take action in accordance with §
10-6G and any other applicable section of this Code.
The adoption of this code is not intended to
exempt the Town, its employees, officers and officials from the provisions
of Chapter 58, Title 29, Delaware Code, entitled "Laws Regulating
the Conduct of Officers and Employees of the State," or to exempt
the Town, its employees, officers and officials from the jurisdiction
of the State Public Integrity Commission.