Financial disclosure requirements of elected officials and certain appointed officers.
Wilmington City Code § 2-345.1
in effectSec. 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)
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_S2-345.1FIDIREELOFCEAPOFFetched: 11/6/2026