Waivers of restrictions and advisory opinions.
Wilmington City Code § 2-342
in effectSec. 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)
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_S2-342WAREADOPFetched: 11/6/2026