Sussex council takes a look at code of conduct

During the recent election, several residents questioned Sussex County’s code of ethics, and suggested the county should have its own code.

Currently, the county follows the state’s code of conduct, which falls under the jurisdiction of the Public Integrity Commission.

During a Dec. 13 presentation to Sussex County Council, County Administrator Todd Lawson said the county could create its own code of ethics, but there are several factors to consider, including legal costs. The code would have to be at least as strict as the state code. In addition, an ordinance would need to be written and approved, an additional attorney would need to be assigned and it could require the creation of a Sussex County integrity commission.

Lawson said Kent County adopted its own code of conduct in 1989, but it refers cases to the state’s integrity commission, and New Castle County also has its own code of conduct adopted in 1990, as well as its own integrity commission. He said the New Castle County budget includes $344,000 for the process.

County attorney J. Everett Moore said the county often asks for guidance from the state commission. “There is an established process and the commission works in a timely manner,” Moore said.

In addition, he said, the commission’s website contains all rulings and cases dating back to 1991, which provides a valuable resource to Sussex County staff.

“People tend to think this is a good ole boys network and we are protecting our own,” Moore said. “The state process is a separate entity with no connection to the county.”

He said a deputy attorney general is assigned to the commission.

Training for staff

During the presentation, Finance Director Gina Jennings said county staff underwent ethics training in 2014, and as of 2015, every employee must sign a conflict-of-interest disclosure. Since 2019, county council members have also had to sign a separate disclosure form related to the county’s purchasing and procurement policies and procedures. The disclosure document is similar to one in the state code of conduct.

Jennings said employees can anonymously report cases of harassment, fraud, possible conflict, waste and abuse through the county’s website. She suggested the public should also be able to report cases using the website. She said staff and the public can also make reports directly to the Public Integrity Commission.

Other suggestions include additional ethics training, especially for county council, planning & zoning commission and board of adjustment members as well as appointees and key staff members.

Moore suggested a direct link from the county website to the commission’s website should be established.

“I don’t see why we need our own commission,” said Council President Mike Vincent. “The commission has no ties to Sussex County. Why should we create another form of government at a cost to taxpayers?”

Moore said it might be hard to select an independent county commission “because everyone knows everyone.”

He said there would be a potential for leaks of confidential information. The state system is well established and well protected, he said.

“The same rules and processes would apply. It’s much easier to ask for a commission’s opinion because the process is already set up,” Lawson said.

Council will discuss the issue further when it adopts its rules of procedure at the start of 2023.