Whether a County employee may accept a gift from a recipient of County services.
Conclusion:
The employee must decline the gift from the recipient of County services.
Facts:
The requester is a County employee who performed County services for a member of the public. The citizen wishes to show appreciation to the employee for those services and has tendered a gift to the employee. The employee states that she worked with the citizen for a substantial period of time to resolve an issue but did no special favors for the citizen and the gift was unsolicited.
Code or Prior Opinion:
Every County official and employee must consider the ethical rules stated in the Code of Conduct to determine whether his or her conduct might create an appearance of conflict with his County duties.
New Castle County Code section 2.03.104H3 prohibits officials and employees from accepting gifts for the performance of County services. The Code also prohibits official conduct which creates an appearance of partiality or unfairness attributable to their County department. Finally, Section 2.03.104D prohibits an employee from using office to secure private gain.
In Advisory Opinion 08-01, February 13, 2008, Section 2.03.104H was interpreted to prevent an employee for accepting a gift from a grateful recipient of County service after the employee had volunteered personal services intertwined with her County services. The Commission reasoned that “Acceptance of a gift under these circumstances would create the appearance either that [the employee] was being paid for some of her County duties or that she was using her County position and resources for personal financial advantage.”
Analysis:
The instant request does not appear to materially vary from the issue in AO08-01. The employee performed her job in an admirable fashion and the citizen wishes to show appreciation. However, if the employee were permitted to accept a gift for doing her job, she would not only violate the express provisions of the gift Code but would create a negative appearance: that a County salary is not enough and personal rewards are necessary in order to obtain efficient and reasonable service from County employees.
Finding:
The employee must decline the gift from the recipient of County services.
In issuing this Advisory Opinion, the Ethics Commission is applying the New Castle County Code of Ethics, which establishes the minimum level of ethical conduct required of County officials and employees.
BY AND FOR THE NEW CASTLE COUNTY ETHICS COMMISSION ON
THIS 7th DAY OF MAY 2013.
______________________
Johanna P. Bishop, Chairperson
New Castle County Ethics Commission
Decision: Unanimous
Footnotes:
1New Castle County Code Section 2.03.104. Code of conduct, in pertinent part:
H.
3. No gift shall be accepted by a County official or employee for performing an official duty or service or as an incentive to perform an official duty or service unless the gift is a public commemorative gift of de minis value in honor of public service or unless the gift is tendered by a governmental source or association of governmental sources. The commemorative gift shall be promptly recorded in a public gift log. . . .
2New Castle County Code Section 2.03.104. Code of conduct, in pertinent part:
A. No County employee or County official shall engage in conduct which, while not constituting a violation of Subsection 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 decisions or actions of the County employee, County official or governmental body are influenced by factors other than the merits.
. . .
3New Castle County Code Section 2.03.104. Code of conduct, in pertinent part:
D. No County employee or County official shall use such public office to secure unwarranted privileges, private advancement or gain.
