Whether an entity of New Castle County, such as a committee or subcommittee of County Council, may accept a gift made for the benefit of the public.

             The Ethics Code gift rules permit agents or representatives of County Council to accept gifts made to the people of New Castle County as long as acceptance of the gift does not create an appearance of expectation or favoritism for the donor and the gift is recorded in the public gift log maintained by Council.

             The requester wants to know whether a Council entity may accept donations from private donors to pay an expert to make a presentation at a public meeting sponsored by the Council. The expert would not be associated with the donors, the presentation would address matters of public concern and would not be designed to advance the interests of the donor, and the type and size of the gift would not create an expectation of favoritism for the donor.

Ethics Code Provisions

 

            The Ethics Code generally discourages the acceptance of gifts by officials or employees but has some limited exceptions. In Sec. 2.03.104 I 2 the Code specifically permits the acceptance of gifts donated to the citizens of New Castle County.¹ However, even if specifically enumerated, the Code would prohibit any gift which undermines the public confidence in the impartiality of County government.² Thus, while the Code conditionally permits acceptance of donations for the public, a final determination about a particular gift can only come when the appearance question has been analyzed.

 

Advisory Opinions

 

            While the Commission has never before addressed the particular question raised in this request, Advisory Opinion 95-02 and Advisory Opinion 06-09 addressed related concerns raised by donations.

 

            Advisory Opinion 95-02 prohibited the County from forming a joint sponsorship with a private business for an educational seminar. While the Commission recognized the public benefit in the County's participation in an educational seminar concerning legal procedures used by a County agency, it prohibited co-sponsorship because that would have created an impression in the public that the County favored or endorsed the private entity which sponsored the event and thereby increased its status over that of its competitors. In Advisory Opinion 06-09, the question of solicitation for the County sponsored Ice Cream Festival was addressed. The Commission pointed out that before soliciting donations, one of the issues the County had to resolve was whether a donation from a particular source would create an appearance that the donor would have an improper expectation of favor in return for the gift.

            The same considerations discussed in Advisory Opinions 95-02 and 06-09 are material to any decision about accepting a donation made for the benefit of the public. If a gift to the citizens creates the impression that the County is endorsing the donor or that because of the type or size of the gift, the public would reasonably believe that the donor would have improper expectations of favor from County employees or officials, the gift may not be accepted.

 

            The Commission stands ready to assist any official or employee with the analysis of the appearance created by a potential gift and recommends that it be consulted in advance of accepting any gift pursuant to the Sec. 2.03.104 (I)(2) exception.

             The Ethics Code gift rules permit agents or representatives of County Council to accept gifts made to the people of New Castle County as long as acceptance of the gift does not create an appearance of expectation or favoritism for the donor and the gift is recorded in the public gift log maintained by Council.

 

            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.

 

 

______________________

Thomas P. Collins, Chairperson

 

Decision: Unanimous