Does it violate the Ethics Code for a County Human Resources employee to perform work as an independent contractor for the State of Delaware in an area having no involvement with her current County position.¹

          There is no violation of the New Castle County Ethics Code for a Human Resources employee to work as an independent contractor for the State of Delaware in an area having no involvement with her current County position.

          The requesting party is a County employee, employed in the division of Human Resources. She wishes to work as an independent contractor for the State of Delaware in the area of emergency management. She stated that her contract work would not interfere with her ability to devote her full time and effort to her County employment and has presented no facts to the contrary. While a prior position she held with the County involved emergency management, she has no involvement with this area in her current position in Human Resources.

           Assuming no interference with her county job and assuming her contract work with the state will not require her to use or disclose any confidential information she may have obtained in her prior County position which dealt with emergency management, the Commission finds that there is no conflict of interest or appearance of impropriety, and thus, no violation of the Ethics Code for her to perform contract work for the State in this area.²

          Finally, the Commission notes that in finding that there is no violation of the Ethics Code for the County employee to contract with the State, it is not making any ruling as to any other rule, law., regulation, County or otherwise, which may be applicable.

 

 

________________________

David J.J. Facciolo, Chair

¹ Due to the pendency of Resolution No. 99-051 (adopted 11/9/99), Commissioner West did not vote on this opinion.

 

². Sec. 2-82 of the Ethics Code defines "conflict of interest" and "appearance of impropriety" as follows:

 

"Conflict of interest means use by a county official or county employee of 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 private pecuniary benefit of himself or herself, a member of his or her immediate family or a business with which he or she is associated . . ."

 

"Appearance of impropriety means the conduct of a county official or county employee which does not constitute a conflict of interest but which undermines the public confidence in the impartiality of a governmental body with which a county officer or employee is or has been associated by creating an appearance that the decisions or actions of the county official, county employee or the governmental body are influenced by factors other than the merits."