Prohibitions relating to conflicts of interest and political activities.
Wilmington City Code § 2-340
in effectSec. 2-340. - Prohibitions relating to conflicts of interest and political activities.
(a) Restrictions on exercise of official authority.
(1) No city employee, elected official, appointed official or honorary official may participate on behalf of the city in the review or disposition of any matter pending before the city in which he or she has a personal or private interest, provided, that upon request from any person with official responsibility with respect to the matter, any such person who has such a personal or private interest may nevertheless respond to questions concerning any such matter.
(2) Reserved.
(3) In any case where a person has a statutory responsibility with respect to action or nonaction on any matter where he or she has a personal or private interest and there is no provision for the delegation of such responsibility to another person, the person may exercise responsibility with respect to such matter, provided, that promptly after becoming aware of such personal or private interest, he or she must file a written statement with the ethics commission fully disclosing the personal or private interest and explaining why it is not possible to delegate responsibility for the matter to another person.
(b) Restrictions on representing another's interest before the city.
(1) No honorary official may represent or otherwise assist any private enterprise with respect to any matter before the city agency with which the honorary official is associated by appointment.
(2) No city employee, elected official or appointed official may represent or otherwise assist any private enterprise with respect to any matter before the city.
(3) This subsection shall not preclude any city employee, elected official, appointed official, or honorary official from the exercise of his or her official duties.
(c) Restrictions on contracting with the city.
(1) No elected official, appointed official or city employee shall benefit from or be interested in any contract with the city, nor solicit any contract and shall not enter into any contract with the city (other than an employment contract).
(2) No private enterprise in which an elected official, appointed official or city employee has a legal or equitable ownership of more than 20 percent (more than one percent in the case of a corporation whose stock is regularly traded on an established securities market) shall enter into any contract with the city, other than an employment contract.
(d) Postemployment restrictions. No person who has served as a city employee, elected official, appointed official or honorary official shall represent or otherwise assist any private enterprise on any matter involving the city, for a period of two years after termination of his or her employment or elected or appointed status with the city, if he or she gave an opinion, conducted an investigation or otherwise was directly and materially responsible for such matter in the course of his or her official duties as a city employee, elected official, appointed official or honorary official.
(e) Unauthorized disclosure of confidential information. No person shall disclose any information required to be maintained confidential by the commission under section 2-341(d), 2-342(b) or 2-345 of this chapter.
(f) Abuse of office.
(1) No elected official shall agree to sponsor legislation, or to influence in any manner, the formulation or passage of legislation in exchange for political contributions or promises thereof.
(2) No elected official shall vote for, or promote in any manner whatsoever, legislation affecting any subject matter in which he or she has a personal or private interest. Any such interest shall be disclosed by said elected officer prior to a vote on any such legislation, and elected official shall vote "present" when called upon to vote.
(3) No elected official, appointed official or city employee shall utilize the influence of his or her office or position for personal pecuniary gain, or to unduly influence the behavior of others, or to avoid the legal consequences of his or her personal conduct.
(4) a.
Conduct of appointed officials/city employees: Appointed officials and city employees are prohibited under this section from engaging in certain political activities during scheduled work hours or at any other time while present at a city facility or in a city vehicle or wearing an official city uniform. The prohibited activities by appointed officials and city employees are:
(1) Seeking to influence the giving or withholding of a vote for, any candidates in any general, special or primary election;
(2) Soliciting monetary or other contributions on behalf of any political party, political action committee or candidate for public office;
(3) Using e-mail for political campaign purposes during scheduled work hours or while present in a city facility;
(4) Using any city resources for the activities described in subsections (1), (2), (3); or,
(5) Directing, ordering or otherwise coercing any elected official, appointed official or city employee to violate this section.
Scheduled meetings of city council and its committees shall be considered the scheduled work hours for elected officials and city employees in attendance on city business.
b. Conduct of elected officials: Elected officials are prohibited under this section from engaging in certain political activities during scheduled work hours or while present in a city facility. The prohibited activities for elected officials under this subsection (f)(4)(b) are:
(1) Arranging, participating or directing others to engage in the conduct of any political phone bank. A violation of this section shall occur when two or more phones are used simultaneously for political campaigning purposes by city employees or others within or outside a city facility during the scheduled work hours of the participants;
(2) Distributing or directing city employees to distribute campaign literature during scheduled work hours or while present in a city facility;
(3) Erecting or directing city employees to erect campaign lawn signs during scheduled work hours or while present in a city facility; or
(4) Using e-mail for political campaign purposes during scheduled work hours or while present in a city facility; or
(5) Ordering or otherwise coercing any elected official, appointed official or city employee to violate this section.
(g) Criminal sanctions.
(1) Any person who knowingly or willfully violates any provision of this section shall be guilty of a Class A misdemeanor for which punishment may include up to one year incarceration at Level V and such fine up to $2,300.00, restitution or other conditions as the court deems appropriate.
(2) A prosecution for a violation of this section shall be subject to the time limitations of 11 Del. C. § 205.
(h) Contracts voidable by court action. In addition to any other penalty provided by law, any contract entered into by the city or any city agency in violation of this division shall be voidable by the city or city agency; provided, that in determining whether any court action should be taken to void such a contract pursuant to this division, the city or city agency shall consider the interests of innocent third parties who may be damaged thereby. Any court action to void any transaction must be initiated within 30 days after the city or city agency involved has, or should have, knowledge of such violation.
(Ord. No. 92-073(sub 1), § 1(20-105), 11-5-92; Ord. No. 02-125(sub 1), § 1, 1-9-03; Ord. No. 18-043, § 5, 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_S2-340PRRECOINPOACFetched: 11/6/2026