Waiver of Post Employment Rules
Commissioners: John McMahon, Kathryn Denhardt, Thomas Collins, Eugene McCoy, Mark Murowany, Ernest Price
B. Each candidate for County office shall file a statement of financial interests for the preceding calendar year with the Commission not later than seven (7) days after the last day for giving notice of candidacy pursuant to 15Del.C. § 101 et seq.
C. Each nominee for County office who is subject to confirmation shall file a statement of financial interests for the preceding calendar year with the Commission and with the official or body that is vested with the power of confirmation at least ten (10) days before the official or body shall approve or reject the nomination.
D. No County official or employee shall be allowed to take the oath of office or enter or continue upon his or her duties, nor shall he or she receive compensation from County funds, unless he or she has filed a statement of financial interests as required by this division.
1. If the Commission determines that a filing has not been made or that a filing is deficient, the Commission shall provide a written notice to the individual required to file, identifying the deficiency or delinquency and reciting the penalties for failure to file.
2. The individual notified in accord with Subsection D(1) has ten (10) calendar days from the mailing date of the notice to correct the delinquency or deficiencies.
3. If the individual fails to file or correct the noted deficiencies by the conclusion of the ten-day period, the Commission may issue a notice by certified mail to the individual that a civil penalty of ten dollars ($10.00) per day is being imposed for each calendar day the statement of financial interests remains delinquent or deficient beyond the ten-day period. The individual shall pay any such penalty before the Commission may accept a filing from the individual.
4. The penalty described in Subsection D 3) is in addition to other penalties provided by law and the filing of a statement of financial interests in compliance with this section does not otherwise obviate the failure to comply with Sections 2.03.106(A), (B), or (C).
5. An individual who receives the notice described in Section 2.03.106(D)(3) and who knowingly or willfully fails to pay the penalty imposed by the Commission shall be subject to the sanctions contained in Section 1.01.009 of the New Castle County Code.
E. All statements of financial interests by a County official, candidate for County office or nominee for County office pursuant to this Division shall be made available for public inspection and copying during regular office hours. All statements of financial interests by a county employee containing financial information of a privileged or confidential nature shall not be deemed a public record for purposes of 29Del. C. Ch. 100. Nothing in this subsection shall be construed as prohibiting access by the Commission to all statements of financial interests filed in accordance with this Division. Nothing in this subsection shall be construed as prohibiting access by any general manager or individual of equivalent rank to all statements of financial interests filed by a County employee in accordance with this Division.
2New Castle County Code Sec. 2.03.105. Waivers of restrictions, in pertinent part:
B. Upon the written request of any individual who is or was a County official or County employee, the Commission may grant a waiver to the specific disclosure requirements contained in Section 2.03.107 if the Commission determines that the literal application of the requirements in a particular case is not necessary to achieve the public purposes of this section or would result in an undue hardship on any official or employee. Any such waiver may be granted only for one (1) year by written decision of the Commission. Any person who acts in good faith reliance upon any such waiver decision received by that person shall not be subject to discipline or other sanction hereunder with respect to the matters covered by the waiver decision provided there was a full disclosure to the Commission of all material facts necessary for the waiver decision.
C. Any application for a waiver, any proceedings and any decision with respect thereto shall be maintained confidential by the Commission provided that:
1. Public disclosure shall be made by the Commission upon the written request of the applicant;
2. The Commission may make such public disclosure as it determines is required in connection with the prosecution of any violation of this Division;
3. The Commission shall report to appropriate Federal and State authorities substantial evidence of any criminal violation which may come to its attention; and
4. In the event that a waiver is granted, the waiver decision and the record of all proceedings thereto shall be open to public inspection.