May a County employee become a candidate for election to state political office without violating the New Castle County Ethics Code?

          The Ethics Code does not impose any threshold barrier to a County employee becoming a candidate for state political office. If circumstances arise during the employee's candidacy which might create a potential or real appearance of impropriety, these circumstances, which can not be addressed in the abstract, should be presented to the Commission, if and when they arise.

          The requesting party is a County employee who works out of the Department of Police, but who does not have any law enforcement capabilities. He wishes to become a candidate for state political office.

          In Advisory Opinion 95-O1 (September 15, 1995), the Ethics Commission opined that the Ethics Code did not impose a threshold barrier to a County official or employee becoming a candidate for election for political office, without indicating or distinguishing which level of government the requesting party in that opinion wished to seek office, i.e., state or county office.

           It does further note, however, that while there is no threshold barrier to the requesting party running for county office, once an official or employee becomes a candidate, circumstances could arise which could create a potential or real appearance of impropriety or conflict of interest.

 

          Since Advisory Opinion 95-01 was issued, the New Castle County Ethics Code was amended. While the former Ethics Code specifically limited the acceptance of gifts, see, i.e., former Section 2-83 (c) and while the currently amended Ethics Code generally imposes limitations on the acceptance of gifts under general conflict of interest, appearance of impropriety and other provisions, both Ethics Codes have excluded properly reported political contributions from their reach of improper gifts. Accordingly, the analysis set forth in Advisory Opinion 95-01 is equally applicable under the current Code.

          Consistent with Advisory Opinion 95-01, the Commission underscores that while the Ethics Code does not present a threshold barrier to seeking political office at the state level, other circumstances may arise, once the County employee becomes a candidate for office, which could create a potential or real appearance of impropriety. Consistent with Advisory Opinion 95-01, the Commission will not address these circumstances in the abstract, but welcomes further requests from the requesting party, if such circumstances arise.

 

          Finally, the Commission emphasizes that in rendering this opinion it is merely interpreting the Ethics Code. There may be other substantive law or authorities, i.e., other county and/or state ordinances, statutes, regulations, policies and constitutional provisions, relevant to the employee's candidacy for political office. Application and construction of such law and authorities is outside the Ethics Commission's jurisdiction. Advisory Opinion 95-01.

 

 

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P. Clarkson Collins, Chairperson

 

Decision: Unanimous