Wilmington City Code § 2-336 Title.
Sec. 2-336. - Title.
This division and the sections thereof shall be known as the City Ethics Requirements.
(Ord. No. 92-073(sub 1), § 1(20-101), 11-5-92; Ord. No. 18-043, § 2, 10-4-18)
CITY ETHICS REQUIREMENTS
Wilmington City Code ch. 2, art. V, div. 6
in effectWilmington City Code § 2-337 Definitions.
Sec. 2-337. - Definitions.
The following word, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Appointed official means a city employee who is appointed by an elected official or appointed official.
City agency means any office, department, board, commission, committee, or entity of the city, the mayor, or city council.
City employee means any person who receives compensation as an employee of the city or of a city agency; or who serves as an appointed member, trustee, director or the like of any city agency and who receives or reasonably expects to receive more than $5,000.00 in compensation for such service in a calendar year, not including any reimbursement for expenses. "City employee" does not include honorary officials.
Close relative means a person's domestic partner or parents, spouse, children, siblings by blood (whole or half), adoption or marriage.
Commission or ethics commission means the city ethics commission established by this division.
Compensation means any money, thing of value or any other economic benefit of any kind or nature whatsoever conferred on or received by any person in return for services rendered or to be rendered by himself or another.
Elected official means a person who is the mayor, treasurer, council president or a member of council.
Family member means a domestic partner or a person related by blood (whole or half), adoption, or marriage.
Filers means all persons identified in section 2-345.1(b).
Financial interest in private enterprise means that a person:
(1) Has a legal or equitable ownership interest in the enterprise of more than ten percent (one percent or more in the case of a corporation whose stock is regularly traded on an established securities market);
(2) Is associated with the enterprise and received from the enterprise during the last calendar year or might reasonably be expected to receive from the enterprise during the current or the next calendar year income in excess of $5,000.00 for services as an employee, officer, director, trustee or independent contractor; or
(3) Is a creditor of a private enterprise in an amount equal to ten percent or more of the debt of that enterprise (one percent or more in the case of a corporation whose securities are regularly traded on an established securities market).
Household member means a domestic partner or an adult family member, who lives in the same residence, domicile, home, or apartment as the city employee, elected official, appointed official, or honorary official.
Honorary official means a person who serves only in an honorary capacity as an appointed member, trustee, director or the like of any city agency and who receives or reasonably expects to receive no compensation or not more than $5,000.00 in compensation for such service in a calendar year, not including any reimbursement for expenses.
Matter means any application, petition, request, business dealing or transaction of any sort.
Personal or private interest means an interest which tends to impair a person's independence of judgment in the performance of his or her duties with respect to that matter such as (1) any vote, action or inaction that would result in a financial benefit or detriment to accrue to the person or a close relative to a greater extent than such benefit or detriment would accrue to others who are members of the same class or group of persons; or (2) the person or a close relative has a financial interest in a private enterprise which enterprise or interest would be affected by any vote, action or inaction on a matter to a lesser or greater extent than like enterprises or other interests in the same enterprise.
Private enterprise means any activity conducted by any person, whether conducted for profit or not for profit and includes the ownership of real or personal property. Private enterprise does not include any activity of the state or of any political subdivision or of any agency, authority or instrumentality thereof, or, more specifically, of the city or of any department, agency, board, commission, authority, or instrumentality thereof.
(Ord. No. 92-073(sub 1), § 1(20-104), 11-5-92; Ord. No. 93-097, § 1, 12-16-93; Ord. No. 18-043, § 3, 10-4-18)
Wilmington City Code § 2-338 Purpose.
Sec. 2-338. - Purpose.
This division shall be construed to promote high standards of ethical conduct in city government.
(Ord. No. 92-073(sub 1), § 1(20-103), 11-5-92)
Wilmington City Code § 2-339 Legislative findings and statement of policy.
Sec. 2-339. - Legislative findings and statement of policy.
(a) Generally. The city council finds and declares as matters of public policy goals and objectives for all elected officials, appointed officials, city employees and honorary officials the provisions of this section.
(b) The public trust. In our democratic form of government, the conduct of all elected officials, appointed officials, city employees and honorary officials must hold the respect and confidence of the people. They must, therefore, avoid conduct which is in violation of their public trust or which creates a justifiable impression among the public that such trust is being violated.
(c) Standards. To ensure propriety and to preserve public confidence, all elected officials, appointed officials, city employees and honorary officials must have the benefit of specific standards to guide their conduct, and some disciplinary mechanisms to guarantee uniform maintenance of those standards. Some standards of this type are so vital to government that violation thereof should subject the violator to criminal penalties.
(d) Public service. In our democratic form of government, it is both necessary and desirable that all citizens should be encouraged to assume public office and employment, and that, therefore, the activities of all elected officials, appointed officials, city employees and honorary officials should not be unduly limited.
(e) Performance of duty.
(1) Elected officials, appointed officials and city employees shall promote the delivery of the highest level of quality service to all city residents, and shall promote a professional and efficient interchange of services and information between their respective city departments.
(2) Elected officials are obligated to uphold the fundamental legal principles of our system of government, as set forth in the United States Constitution, the state constitution, and the city charter, as well as all applicable provisions of federal, state and local law and court decisions. They are bound to do so, and the failure to so act shall constitute malfeasance in office.
(3) No city employee shall be penalized, disciplined or dismissed by any other city employee or appointed or elected officer for performing his or her duties in accordance with the city charter, the city Code or established city policy. Any city employee who believes that he or she has been penalized, disciplined or dismissed as the result of the performance of his or her duties may seek redress through the city's personnel grievance and appeals process.
(f) Duty to report.
(1) Whenever any elected official, appointed official or city employee is required in the normal course of his or her employment to provide information to the city council, the mayor's office, or to any city department, board or commission, such information shall be provided in a complete and accurate manner.
(2) Any elected official, appointed official or city employee who is aware of a material deficiency in the delivery of services to city residents or between departments, or is aware of a condition or circumstance which necessitates an appropriate response by city government shall report such matter to the appropriate city department in order that appropriate action may be taken.
(3) Elected officials, appointed officials or city employees in supervisory capacities shall encourage input from city employees regarding the operation of their respective departments. They should also recognize those city employees who contribute in significant ways to the improvement of city services or to the operational quality of their respective departments.
(g) Reserved.
(h) Fairness.
(1) Elected officials, appointed officials, honorary officials and city employees shall strive for the highest standard of fairness in all of their activities.
(2) In the workplace, elected officials, appointed officials, honorary officials and city employees should strive for the fair application of employment conditions and policies, and attempt to create a working environment in which all persons can achieve their full potential.
(3) When providing city services, elected officials, appointed officials, honorary officials and city employees shall strive to ensure that city services are provided equally to all members of the community. In so doing, they should attempt to address barriers to such services which may arise due to conditions of poverty, conditions of disability or special needs, or to the effects of past patterns of discrimination.
(4) This standard of fairness shall also imply a commitment by elected officials, appointed officials, honorary officials and city employees to prevent and eliminate any and all discrimination in any action by the city government itself, or by any of its departments, boards, commissions, agencies or any other of its authorized entities on the basis of race, creed, color, national origin, age, religion, sex, sexual orientation, marital status, economic status, gender identity, or handicap or other disability.
(i) Use of private information. In the course of their official responsibilities, elected officials, appointed officials, honorary officials and city employees are often privy to categories of information which are of a private nature and are legally protected from public disclosure. Elected officials, appointed officials, and honorary officials and city employees shall maintain the privacy of such information, and they shall not take advantage of such information for personal gain, or the personal gain of friends or a family member.
(j) Use of illegal drugs. Illegal drug use poses a threat to the individual user, to the user's co-workers, and to the general public. Elected officials, appointed officials and city employees shall commit themselves to ensuring that the city's work force and work environment are drug free. All city employees, elected officials, and appointed officials, are subject to the provisions of chapter 40 of this Code. In all cases, any conviction of the provisions of the state code, the Uniform Controlled Substances Act (16 Del. C. § 4701 et seq.), shall be deemed to be a crime of moral turpitude.
(Ord. No. 92-073(sub 1), § 1(20-102), 11-5-92; Ord. No. 00-121, § 1, 11-16-00; Ord. No. 18-043, § 4, 10-4-18)
Wilmington City Code § 2-340 Prohibitions relating to conflicts of interest and political activities.
Sec. 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)
Wilmington City Code § 2-341 Code of Ethics.
Sec. 2-341. - Code of Ethics.
(a) Each city employee, elected official, appointed official and honorary official shall endeavor to pursue a course of conduct which will not raise any justifiable suspicion among the public that he or she is engaging in acts which are in violation of his or her public trust and which course of conduct will not reflect unfavorably upon the city and its government.
(b) No city employee, elected official, appointed official or honorary official shall have any interest in any private enterprise nor shall he or she incur any obligation of any nature which is in substantial conflict with the proper performance of his or her duties in the public interest. No city employee, elected official, appointed official or honorary official shall accept other employment, any compensation, gift, payment of expenses or any other thing of monetary value under circumstances in which such acceptance may result in any of the following:
(1) Impairment of independence of judgment in the exercise of official duties;
(2) An undertaking to give preferential treatment to any person;
(3) The making of a governmental decision outside official channels; or
(4) Any adverse effect on the confidence of the public in the integrity of the government of the city.
(c) No city employee, elected official, appointed official or honorary official shall acquire a financial interest in any private enterprise which he or she has reason to believe may be directly involved in decisions to be made by him or her in an official capacity on behalf of the city.
(d) Reserved.
(e) No city employee, elected official, appointed official or honorary official shall use his or her public office to secure unwarranted privileges, private advancement or gain.
(f) No city employee, elected official, appointed official or honorary official shall engage in any activity beyond the scope of his or her public position which might reasonably be expected to require or induce him or her to disclose confidential information acquired by him or her by reason of his or her public position.
(g) No city employee, elected official, appointed official or honorary official shall, beyond the scope of his or her public position, disclose confidential information gained by reason of his or her public position nor shall he or she otherwise use such information for personal gain or benefit.
(h) No city employee, elected official, appointed official or honorary official, in the course of his or her public responsibilities, shall use the granting of sexual favors as a condition, either explicit or implicit, for an individual's favorable treatment by that person or the city.
(i) Elected officials are obligated to uphold the fundamental legal principles of our system of government. No elected official shall knowingly fail to uphold those legal principles as set forth in the Constitution of the United States, the state constitution and the city charter, as well as, all applicable provisions of federal, state and local law and court decisions, and any such knowing failure shall constitute malfeasance in office.
(Ord. No. 92-073(sub 1), § 1(20-106), 11-5-92; Ord. No. 18-043, § 6, 10-4-18)
Wilmington City Code § 2-342 Waivers of restrictions and advisory opinions.
Sec. 2-342. - Waivers of restrictions and advisory opinions.
(a) Notwithstanding the provisions of sections 2-340 and 2-341 of this division, upon the written request of any city agency or of any individual who is or was a city employee, elected official, appointed official or honorary official, the ethics commission may grant a waiver to the specific prohibitions contained therein if the ethics commission determines that the literal application of such prohibition in a particular case is not necessary to achieve the public purposes of this division or would result in an undue hardship on any city employee, elected official, appointed official or city agency, provided that such waiver does not conflict with the provisions of the city charter, including specifically, but not limited to, article IX, chapter 2 of the charter. Any such waiver may be granted only by written decision of the ethics commission. Any person who acts in good faith reliance upon any such waiver decision shall not be subject to discipline or other sanction hereunder with respect to the matters covered by the waiver decision provided there was a full disclosure to the ethics commission of all material facts necessary for the waiver decision.
(b) Any application for a waiver, any proceedings and any decision with respect thereto shall be maintained confidential by the commission provided that:
(1) Public disclosure shall be made by the commission upon the written request of the applicant;
(2) The commission may make such public disclosure as it determines is required in connection with the prosecution of any violation of this section;
(3) The commission shall report to appropriate federal and state authorities substantial evidence of any criminal violation which may come to its attention; and
(4) In the event that a waiver is granted, the waiver decision and the record of all proceedings relating thereto shall be open to public inspection.
(c) Upon the written request of any city employee, elected official, appointed official, honorary official or city agency, the commission may issue an advisory opinion as to the applicability of this division to any particular fact situation. Any person who acts in good faith reliance upon any such advisory opinion shall not be subject to discipline or other sanction hereunder with respect to the matters covered by the advisory opinion provided there was a full disclosure to the ethics commission of all material facts necessary for the advisory opinion.
(d) Any application for an advisory opinion, any proceedings and any decision with respect thereto shall be maintained confidential by the commission provided that:
(1) Public disclosure shall be made by the commission upon the written request of the applicant;
(2) The commission may make such public disclosure as it determines is required in connection with the prosecution of any violation of this division; and
(3) The commission shall report to appropriate federal, state and city authorities substantial evidence of any criminal violation which may come to its attention.
(e) Notwithstanding subsection (d), the commission shall create a public version of advisory opinions that shall be available for public inspection in a redacted form making best efforts to not disclose the identity of the requester.
(Ord. No. 92-073(sub 1), § 1(20-107), 11-5-92; Ord. No. 18-043, § 7, 10-4-18)
Wilmington City Code § 2-343 Wilmington Ethics Commission—Establishment, membership, offices.
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)
Wilmington City Code § 2-344 Same—Powers and duties.
Sec. 2-344. - Same—Powers and duties.
The powers and duties of the ethics commission shall be to:
(1) Recommend to the mayor and city council from time to time such rules of ethics for city employees, elected officials, appointed officials and honorary officials as it shall deem appropriate.
(2) Issue written advisory opinions upon the request of any city employee, elected official, appointed official, honorary official or city agency as to the applicability of this division to any particular fact or situation.
(3) Refer to the city solicitor to investigate any alleged violation of this division and, after notice and hearing, to recommend by resolution such disciplinary action as it may deem appropriate, to the city agency employing the city employee, elected official or appointed official, the city agency with which the honorary official is associated, the agency or official who appointed such officer or official, or other appropriate official or agency as the commission shall determine. The commission may also dismiss, without reference to the city solicitor, any complaint which the commission determines is frivolous or fails to state a violation.
(4) Report to the appropriate federal, state or city authorities any substantial evidence of a violation of any criminal law which may come to its attention in connection with any proceeding whether advisory or disciplinary.
(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 sections 2-342(b) and 2-345(h).
(6) Follow the procedural rules specified in section 2-345 and establish such other procedural rules as shall not be inconsistent with the rules prescribed therein.
(7) Subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of books, papers, records or other evidence needed for the performance of the commission's duties or exercise of its powers.
(8) Prescribe forms for reports, statements, notices and other documents required by law.
(9) Prepare and publish manuals and guides explaining the duties of individuals covered by this division, and giving instructions and public information materials to facilitate compliance with, and enforcement hereof.
(10) Provide assistance to city agencies, city employees, elected officials, appointed officials, and honorary officials in administering the provisions of this law.
(11) Prepare reports and studies to advance the purposes of this division.
(12) Contract for any services which cannot satisfactorily, practically, or ethically be performed by the office of the city solicitor.
(13) Request appropriate city agencies to provide such professional assistance as it may require in the discharge of its duties.
(Ord. No. 92-073(sub 1), § 1(20-109), 11-5-92; Ord. No. 18-043, § 9, 10-4-18)
Wilmington City Code § 2-345 Same—Complaints; hearings; dispositions.
Sec. 2-345. - Same—Complaints; hearings; dispositions.
(a) Upon the sworn complaint of any person or on its own initiative, the commission may refer to the city solicitor for investigation any alleged violations of sections 2-339, 2-340 and 2-341. Except as provided in section 2-343(f) regarding investigations of complaints about the mayor, the city solicitor or his or her designee shall be the prosecuting attorney in all disciplinary proceedings before the commission. In any such investigation or proceeding, a defendant shall be given an opportunity to be heard after notice, to be advised and assisted by legal counsel, to produce 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 division. The commission shall adopt rules of procedure and guidelines deemed necessary, subject to the approval of the administrative board.
(b) A member of the commission shall be ineligible to participate, as a member of the commission, in any commission proceeding relating to his or her conduct. A member of the commission who has been found by the commission to have violated this subsection shall be ineligible to serve again as a member of the commission.
(c) A member of the commission 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 or she cannot render an impartial and unbiased decision in the case in which he or she seeks to disqualify himself or herself.
(d) With respect to any violation with which a person has been charged and which the commission has determined as proved, the commission 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 a city employee or appointed official, recommend by resolution that the city agency employing the city employee or appointed official, the agency or official who appointed such official, or other appropriate appointed official or agency as the commission shall determine, remove, suspend, demote or take other appropriate disciplinary action with respect to that person, without regard to any limits imposed by this division but within the limits of the Constitution and other laws of the city and state. With respect to an elected official, not recommend that such official be removed, demoted or suspended, but that such official be fined in an amount recommended by the commission.
(3) With respect to an honorary official, recommend that appropriate action be taken to remove the honorary official from office.
(e) In any proceeding before the commission, upon the request of any person charged with a violation of this division, such person shall be permitted to inspect, copy or photograph books, papers, documents, photographs or other tangible objects which will be used as evidence against that person in a disciplinary hearing and which are material to the preparation of his or her defense.
(f) In any proceeding before the commission, if the city solicitor, his or her designee or the commission 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 division may apply to the commission for the issuance of subpoenas for the appearance of witnesses and for the production of documents on his or her 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.
(h) The requirements for confidentiality or public disclosure are as provided in this subsection as follows:
(1) All proceedings before the commission relating to a violation of this division by a city employee, including the disposition thereof, shall be maintained confidential by the commission unless public disclosure is requested in writing by the city employee.
(2) All proceedings before the commission relating to a violation of this division by an appointed official or elected official shall be maintained confidential by the commission unless public disclosure is requested in writing by the appointed official or elected official or unless the commission, based on a preliminary inquiry, determines that there is reason to believe that a violation has occurred, and serves upon the alleged violator a statement of the alleged facts of such violation. After the service of such a statement on such person, all proceedings relating thereto shall be open to the public and the statement and any other paper filed thereafter respecting such violation shall be made available for public inspection at reasonable hours.
(3) All proceedings relating to a violation of this division by an honorary official shall be maintained confidential by the commission unless public disclosure is requested in writing by the honorary official or unless the commission determines that a violation has occurred and so informs the official. At and after the time of so informing the official, the commission shall make the record of all proceedings relating thereto available for public inspection at reasonable hours and all subsequent proceedings relating thereto, if any, shall be open to the public.
(4) Notwithstanding the confidentiality requirements of subsections (h)(1)—(3) of this section, the commission shall make available for public inspection the record of all proceedings relating to any decision of the commission which is appealed to superior court and the commission shall report to appropriate federal or state authorities any substantial evidence of a violation of any criminal law which comes to its attention in connection with any proceeding under this division.
(5) The chair of the commission shall, with the approval of the commission, establish such procedures as in the chair's judgment may be necessary to prevent the disclosure of any record of any proceedings or other information received by the commission or its staff except as permitted by this division.
(Ord. No. 92-073(sub 1), § 1(20-110), 11-5-92; Ord. No. 18-043, § 10, 10-4-18; Ord. No. 21-044(sub 1), § 1, 10-7-21)
Wilmington City Code § 2-345.1 Financial disclosure requirements of elected officials and certain appointed officers.
Sec. 2-345.1. - Financial disclosure requirements of elected officials and certain appointed officers.
(a) Findings. The purpose of this section is to require annual financial disclosure by elected officials and appointed officials and certain city employees and members of boards and commissions.
(b) Applicability. The requirements of this section shall be applicable to "filers" defined as all elected officials, appointed officials, members of the boards and commissions listed below and any city employee or member of the boards and commissions designated by rule of the ethics commission. The enumerated boards and commissions are as follows:
Audit Review Committee
Board of License and Inspection Review
City Officer and Employee Residency Review Board
City Planning Commission
Wilmington Design Review and Preservation Commission
Wilmington Ethics Commission
Wilmington Water, Sewer, and Stormwater Citizens Advisory Board
Zoning Board of Adjustment
(c) Financial disclosure report.
(1) Reporting requirements. The financial disclosure requirements are as follows:
a. Every filer as defined in subsection (b), above, shall file a financial disclosure report ("financial disclosure report" or "report") disclosing financial information for himself or herself and his or her household members for the prior calendar year, as hereinafter provided. Each report shall be on a form prescribed by the ethics commission, shall be signed by the filer, shall be notarized and shall include at least the following information:
(1) The name and position of the filer; and
(2) The name, instrument and nature of ownership, and any position of management held by, or constructively controlled by, the filer or his or her household members in any business enterprise in which legal or equitable ownership is in excess of $5,000.00 fair market value or from which income of more than $5,000.00 was derived during the preceding calendar year. Time or demand deposits in a financial institution, or any debt instrument having a fixed yield shall not be listed unless convertible to an equity instrument; and
(3) The name, address and type of practice of any professional organization in which the filer or his or her household members are the sole practitioner, officer, director or partner, or serves in any advisory capacity, or which is constructively controlled by the filer or his or her household members, from which income of more than $500.00 was derived during the preceding year; provided, however, that any such organization construed as a business enterprise and reported pursuant to paragraph (2) of this subsection need not be reported under this subsection; and
(4) For all filers except honorary officials, the source of each of the following items received by the filer or his or her household members during the preceding calendar year:
(a) Any income derived for services rendered exceeding $500.00 from a single source, unless such income is otherwise identified pursuant to paragraph (2) or (3) of this subsection; or
(b) Any capital gain exceeding $500.00 from a single source other than from the sale of a residence occupied by the city official; or
(c) Any reimbursement for expenditures exceeding $1,000.00 from a single source; or
(d) Any honoraria; or
(e) Any gift(s) with an aggregate value in excess of $250.00 received from any person other than a gift from a close relative or family member, identifying also in each case the amount of each such gift. For purposes of compliance with this gift reporting obligation, the recipient may rely in good faith upon the representation of the source of the gift as to the gift's value; and
(5) For all filers except honorary officials, the name of each creditor to whom the filer or household members were indebted for a period of 90 consecutive days or more during the preceding calendar year in an aggregate amount in excess of $1,000.00; and
(6) Disclosure of whether the filer or household members have co-signed a loan with anyone who has done business with the city or is a city employee and, if yes, the identity of that person or entity; and
(7) Disclosure of any direct or indirect interest in any real property by filer or household members which was sold or leased to the city or any of its departments, boards, commissions, authorities, or other agencies; purchased or leased from the city or any of its departments, boards, commissions, authorities, or other agencies; or was subject to any condemnation proceeding by the city or any of its departments, boards, commissions, authorities, or other agencies; and
(8) Identify any corporate and/or non-profit board memberships of the filer and household members, including the nature of the entity's business and whether it operates within the City of Wilmington.
(2) Definitions. For purposes of this section the following words and phrases shall be defined as such words and phrases are defined in 29 Del. C. Ch. 58, Subch. II, the state financial disclosure law and any amendments thereto:
"Constructively controlled";
"Instrument of ownership";
"Position of management";
"Fair market value";
"Equity instrument";
"Time or demand deposits";
"Debt instrument";
"Professional organization";
"Income for services rendered";
"Capital gain";
"Reimbursement for expenditures";
"Honoraria";
"Business enterprise"; and
"Gift".
All of such words and phrases shall be read for purposes of this section in terms of their applicability to filers and not to State of Delaware "public officers."
(d) Sworn certification. Each report required by this section shall contain a sworn certification by the filer that the filer has read the report, and that to the best of the filer's knowledge and belief it is true, correct and complete, and that the filer has not and will not transfer any assets, interests or property for the purpose of concealing it from disclosure while retaining an equitable interest therein.
(e) Time of filing. Not later than 14 days after becoming a filer, as defined in this section, the report required by this section shall be filed. Thereafter, the report shall be filed on May 1 of each year.
(f) Place of filing. Each report required by this section shall be filed with the ethics commission, whose records shall be retained by the law department.
(g) Retention of reports.
(1) The ethics commission shall keep the reports required by this section on file for so long as the person submitting such report is an elected official, appointed official, honorary official or city employee of the city and for at least five years thereafter.
(2) The reports filed pursuant to this section shall be made available at reasonable hours for public inspection and copying pursuant to Chapter 100 of Title 29 of the Delaware Code.
(h) Violations and penalties.
(1) No filer shall be allowed to continue upon his or her duties, nor shall he or she receive any compensation from city funds, unless he or she has filed a financial disclosure report as required by this section.
(2) Any filer who knowingly files a financial disclosure report that is false in any material respect 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.
(3) Any filer who willfully fails to file a financial disclosure report shall be guilty of a class B misdemeanor for which punishment may include up to six months incarceration at Level V and such fine up to $1,150.00, restitution or other conditions as the court deems appropriate.
(Ord. No. 98-012(sub 1), § 1, 3-5-98; Ord. No. 98-033, § 1, 4-2-98; Ord. No. 98-093(sub 1), § 1, 8-13-98; Ord. No. 99-023, § 1, 3-25-99; Ord. No. 02-023, § 1, 3-21-02; Ord. No. 18-043, § 11, 10-4-18)
Wilmington City Code § 2-345.2 Required ethics training for elected officials, appointed officials, and city employees.
Sec. 2-345.2. - Required ethics training for elected officials, appointed officials, and city employees.
(a) Required ethics training. On an annual basis, all elected officials, appointed officials, and city employees shall either attend an ethics training presentation approved by the ethics commission or view a recorded ethics training presentation approved by the ethics commission.
(b) Certification of ethics training. Each person identified in subsection (a) shall, on an annual basis, certify that he or she has completed the required ethics training specified in subsection (a). The certification shall:
(1) Be submitted to the department of human resources by May 1st of each year certifying that the person identified in subsection (a) has attended the required ethics training within the past 12 months;
(2) Be made on a form provided by the department of human resources; and
(3) Be submitted in accordance with the process designated by the department of human resources.
(c) Form of certification and process for submission thereof. The department of human resources shall provide a form for the certification required by subsection (b) and designate the process for submission thereof. The process shall provide for the option to submit the certification electronically.
(d) Certification transparency. The ethics commission shall provide on its city webpage a list of those elected officials who have complied with the ethics training requirement.
(Ord. No. 21-044(sub 1), § 2, 10-7-21)
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_DIV6CIETREFetched: 11/6/2026