May a County employee who works as a crossing guard apply for and, if qualified, receive a grant administered by the Department of Community Services under the Senior Minor Home Repair Program?
Conclusion:
There is no violation of the New Castle County Ethics Code for an employee who works as a crossing guard to apply for and, if qualified, receive a County Administered home repair grant or loan.
Facts:
The requesting party is a county employee, employed as a crossing guard, who wishes to apply for a home repair grant under the Senior Minor Home Repair Program. The administrator of the program, the Department of Community Services, has determined that the employee has made a valid request for repairs.
The Senior Minor Home Repair Program provides grants for home repairs to persons 60 years and over living in certain areas of New Castle County. The purpose of the program is to address minor home repair needs that focus on the health, safety and security conditions of senior residents so that they may remain in their homes. The program is federally funded by a Community Development Block Grant and sponsored by New Castle County. The program application requires verification of detailed financial information, age, ownership, and insurance status. if a grant is received, the repairs are performed by County approved contractors who are monitored for compliance with the contracts governing the repairs. Prior to permitting County officials or employees to complete an application, the Department of Community Services has established a policy of referring them to the Ethics Commission for Advisory Opinions affirming the absence of an ethics violation in applying for or receiving a grant.
Analysis:
The Commission contacted the Department and determined that the requesting employee has a valid repair, has not had and will not have any involvement in making a decision on the application, and that the employee does not have any supervisory authority over any employee involved in the Senior Minor Home Repair Program.
In Advisory Opinion 92-08 (December 4, 1992), the Ethics Commission ruled that the New Castle County Department of Community Development and Housing, the predecessor agency to the Department of Community Services, could grant a home rehabilitation loan to a homeowner who satisfies all the requirements of an established loan program, but who is employed by the County. The Commission finds that the facts presented in the present request are similar to the facts presented in Advisory Opinion 92-08, with no distinguishing facts which would remove them from the scope of this earlier opinion.
Finding:
Therefore, the Commission finds there would be no conflict of interest or appearance of impropriety and, accordingly, no violation of the Ethics Code if the requesting party were to apply for and, if determined qualified, to accept a Senior Minor Home Repair grant.
BY AND FOR THE NEW CASTLE COUNTY ETHICS COMMISSION ON THIS 16TH DAY OF SEPTEMBER, 2003.
