Chapter 58 – Laws Regulating The Conduct Of Officers And Employees Of The State

Code of Conduct – Ethical standards for all State Executive Branch employees (rank and file), officers (Senior level & Elected officials) and honorary State officials (appointees to State Boards & Commissions).  The standards apply to all local governments unless they adopt their own Code of Conduct which this Commission must approve as being at least as stringent as the State law.

This subchapter has the Commission members qualifications;  powers and duties of the Commission relative to all subchapters; powers and duties of the Commission’s Counsel; procedural laws; rights of individuals charged with violating the law, etc.

Financial Disclosure – Sources of assets, debts, income, capital gains, reimbursements, honoraria and gifts of certain values must be reported by State elected officials in all three branches of government; Cabinet Secretaries, Division Directors & their equivalents; candidates for State office; other designated officials. Candidates for state office and all elected State officials must also disclose and organizations on which they serve as a Board or Council member.

Elected and appointed local government officials; public school districts and state institutions of higher learning are exempt, but may have local reporting laws.

Compensation Policy – “Anti double-dipping” law – bans double pay from dual government positions for overlapping hours.  Elected officials & paid appointed officials of State agencies, education and other institutions, and all political subdivisions of the State who hold two paid government positions cannot be paid by more than one tax-funded source for duties performed during coinciding workday hours.

Verified time records may be required and are subject to audit.  The State Auditor refers discrepancies to the Commission and/or the Attorney General.

Lobbying –Registration and authorization laws for those lobbying the General assembly or State Agencies, whether paid or not. Quarterly expense reports required for direct expenditures on General Assembly members or agency employees or officials. Lobbying activity reports are to be submitted within 5 business days of lobbying on a particular bill or administrative action.

State, local government, and federal employees and elected officials, performing official duties are not “lobbyists”.

If lobbyists pay direct expenditures, no exemptions apply.

Related Laws  – Delaware gift laws for public officials; and Ethics laws for the Legislative and Judiciary branches.