Whether a County employee may run for and serve as an elected State legislator.

             The employee may run for State public office and assume office if elected without violating the New Castle County Code of Ethics but must observe the restrictions recited in the Code against creating appearances of impropriety or other ethical violations while campaigning for or after election to State office.

             An employee of a County department has requested guidance on whether he may continue in his County position if he runs for and is elected to a position in the State legislature.

 

            The New Castle County Ethics Code Section 2.03.103 conflict of interest provision prohibits using official authority or confidential information received through County employment for the personal or private benefit of the employee.¹

 

            The code of conduct in Section 2.03.104 (A), also prohibits conduct which undermines public confidence in the impartiality of a governmental body with which a County employee is associated by creating the appearance that the official actions and decision of the employee or department are influenced by factors other than the merits.² Subsection (E) warns that County employees may not place themselves in outside positions which might reasonably be expected to require or induce them to disclose confidential information acquired by reason of their public position.³

 

 

            In Advisory Opinion 95-01, the Commission held that the New Castle County Ethics Code does not prevent a County employee from becoming a candidate for election to political office and in Advisory Opinion 02-01, it specifically held that the Code did not bar an employee from seeking State office. The Commission reminded the requesters that it could not speculate about conduct in hypothetical circumstances and that if potential conflicts of interest or appearances of impropriety arose, they should return to the Commission for further guidance.

             The Ethics Code recognizes that County employees should not be discouraged from maintaining their contacts with the community and the Ethics Commission is charged with providing guidance regarding ethical standards which is cognizant of both the responsibilities and burdens of public employment. See, New Castle County Code Section 2.03.101. One of the means by which the Commission provides that guidance is through written opinions which are based upon the good faith disclosure of all the actual and material facts relevant to the issue for which the guidance is sought. The Commission may not offer abstract or speculative advice but may only render an Opinion in regard to an employee's specific duties under the Ethics Code. See Section 2.04.102(I).

 

            The County employee who has requested guidance will not violate the conflict of interest provisions of the Ethics Code by merely running for or being elected to State political office because he is not using the authority of his County position for the financial benefit of himself, his immediate family or an associated business. However, the employee must take care to observe the restrictions recited in the Code against creating appearances of impropriety or other inappropriate conduct while he campaigns for or holds State Office. See, Section 2.03.104.

 

            The employee is reminded that should he be elected to State office while continuing in his County position, he will not only be covered by the ethics obligations imposed on State legislators under the Delaware General Assembly rules but he will remain under the jurisdiction of the New Castle County Ethics Code. Since he has not yet run and his election is speculative, the Commission cannot offer any specific guidance in regard to the performance of his duties as a County employee who is a State official. He is simply advised to be particularly cognizant of potential conflicts and other ethical violations and to request specific guidance from the Commission when ethical questions arise.

¹ Section 2.03.203. Prohibitions relating to conflicts of interest, states in pertinent part:

A. Restrictions on exercise of official authority.

1. No County employee or official knowingly or willfully shall use the authority of his or her office or employment or any confidential information received through his or her holding County office or employment for the personal or private benefit of himself or herself, a member of his or her immediate family or a business with which he or she is associated. This prohibition does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the County official or employee, a member of his or her immediate family or a business with which he or she or a member of his or her immediate family is associated. There will be a rebuttable presumption of a knowing or willful violation of this section if the action benefits the County official or employee, his or her spouse, or his or her dependent children (whether by blood or by law).

 

² Section 2.03.104. Code of conduct, states in pertinent part:

A. No County employee or County official shall engage in conduct which, while not constituting a violation of Section 2.03.103(A)(1), undermines the public confidence in the impartiality of a governmental body with which the County employee or County official is or has been associated by creating an appearance that the decision or action of the County employee, County official or governmental body are influenced by factors other than the merits.

 

³ Section 2.01.104. Code of conduct, states in pertinent part:

E. No County employee or County official shall engage in any activity beyond the scope of such public position which might reasonably be expected to require or induce such County employee or County official to disclose confidential information acquired by such employee or official by reason of such public position.