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05-13

Outside Employment

Commissioners: Dennis Clower, Eugene McCoy, John McMahon, Ernest Price

admin@nccethics.org

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Question:

            Whether persons employed in the Department of Special Services as public works inspectors may perform secondary employment which includes inspection of new construction.

Conclusion:

            The Ethics Code would be violated if a person employed in the Department of Special Services as public works inspector performs secondary employment which includes inspection of new construction.

Facts:

            An employee of the Department of Special Services requests guidance on whether persons employed in that Department as public works inspectors may perform secondary employment as inspectors of new construction. Public works inspectors primarily inspect sewer lines and laterals for Code compliance as well as inspecting County funded projects and structures to determine compliance with specifications. They do not inspect residential properties for code compliance.

Finding:

                 This same question was the subject of Advisory Opinion 01-03, issued March 21, 2001. In that Opinion, the Commission determined that a public works inspector could perform secondary employment conducting residential inspections to determine the condition of residential properties, but he or she was prohibited from inspecting new construction and conducting inspections to determine compliance with the New Castle County Code. The Commission finds that the reasoning supporting that holding is equally applicable to the current request for guidance and that the proposed secondary employment as an inspector of new construction would violate the Ethics Code.
 
            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. The Commission cautions, however, that each County department, board, or other unit of County government is free to, and may impose as part of its own policy, additional or greater restrictions on its officials and employees than those set forth in this Opinion.
 
            BY AND FOR THE NEW CASTLE COUNTY ETHICS COMMISSION ON THIS 8th DAY OF JUNE, 2005.
 
_____________________________
Dennis S. Clower, Chairperson
 
Decision: Unanimous