Wilmington Ethics Commission—Establishment, membership, offices.

Wilmington City Code § 2-343

in effect

Sec. 2-343. - Wilmington Ethics Commission—Establishment, membership, offices. (a) There is hereby established the Wilmington Ethics Commission (commission) to administer and implement this division. The commission shall consist of seven members appointed by the mayor with the concurrence by resolution of a majority of all members of council. Not more than four members shall be registered with the same political party. No member shall hold any elected or appointed office under the government of the United States or the state, county, or city, or be a candidate for any such office. No member shall hold any political party office or an office in any political campaign. Members of the commission may be removed by the mayor, with the concurrence of a majority of all members of the council, for substantial neglect of duty, gross misconduct in office or violation of this division. (b) Each member of the commission shall be appointed for a term of office of four years beginning on the day of their appointment and until the member's successor has been appointed and has qualified. No member shall serve for more than two full four-year terms. (c) The commission shall elect a chair from among its membership. Four members of the commission shall constitute a quorum and, if a quorum is present, a vacancy on the commission shall not impair the right of the remaining members to exercise all the powers of the commission. Disciplinary hearings may be conducted and sanctions may be imposed only by the affirmative action of at least four members. Otherwise, the commission may delegate authority to the chair to act for the commission between meetings. (d) Each member of the commission shall receive no compensation. (e) The city solicitor or his or her designee shall provide legal counsel to the commission and shall be the legal representative of the commission in connection with its duties hereunder, on a case by case basis, or determine that outside counsel is needed and obtain such outside counsel for a particular matter. (f) The city solicitor or his or her designee shall investigate complaints referred by the commission and shall prosecute all complaints before the commission, except he or she shall not investigate, nor shall he or she prosecute, any complaint about the mayor; any and all investigations of complaints about the mayor and any prosecution thereof shall be conducted only by outside counsel selected for such purposes and approved by resolution of council with the concurrence of two-thirds of all of the members of council. The investigatory and prosecutorial functions of the city solicitor shall otherwise be performed by personnel who are not serving as legal counsel to the commission. (g) The principal office of the commission shall be in the city/county building, but it may meet, and exercise its power, at any other place in the city. (Ord. No. 92-073(sub 1), § 1(20-108), 11-5-92; Ord. No. 03-061(sub 1), § 1, 4-22-03; Ord. No. 18-043, § 8, 10-4-18)

Source: City of Wilmington, Delaware, City Code, City Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/de/wilmington/codes/code_of_ordinances?nodeId=PTIIWICO_CH2AD_ARTVDEAGCROR_DIV6CIETRE_S2-343WIETCOSTMEOFFetched: 11/6/2026