When it comes to ethics, transparency is everything

In 1994, the Delaware Legislature established the Public Integrity Commission and made it responsible for administering the state code of conduct.

A few weeks ago, some 20 years later, Sussex County held its first training session about the law.

Better late than never.

And never it might have been, had the code of conduct not become an issue in the District 5 race for Sussex County Council.

Brad Connor, who lost the District 5 Democratic primary to Bob Wheatley, campaigned on the issue. He said the county should adopt its own; Wheatley said the county should follow the state’s.

(Counties and municipalities are encouraged by the Public Integrity Commission to adopt their own codes, which must be at least as stringent as the state code. If they don’t, they automatically fall under the state code of conduct, sometimes referred to as the code of ethics.)

Connor’s efforts displayed democracy in action. They proved that even a losing campaign could reap benefits.

That’s the funny thing about the code of conduct. Technically, the county was subject to the state code. As a practical matter, Sussex has ignored the code for the past two decades.

On Sept. 30, that began to change. Deborah Moreau, the Public Integrity Commission’s legal counsel, gave a presentation about the code to county officials and staff in council chambers in Georgetown. Shehad been invited by Councilman Vance Phillips.

“Ethics is part of everyone’s job, whether you work in the private sector or whether you work in the public sector,” Moreau said.

“But as a public employee, people are watching you,” she said. “People want to make sure their tax dollars are being well spent. They want to make sure that everything is as transparent as possible.”

The purpose of that day’s session was to help people “avoid the pitfalls that some employees run into.”

Those pitfalls are many. Even something as small and simple as a box of chocolates can spell trouble.

“The question is, are we allowed to accept fruit baskets or flowers? The answer is no,” she said.

“If you contract with a particular private company, and they want to give you a box of chocolates at the holidays, they’re not buying it for you because they like you,” Moreau said. “They’re buying it for you because they want something from you later. They’re trying to create good will.”

What should the employee do? Nip it in the bud. Call the company and thank them, but tell them you’re not allowed to accept gifts.

There’s no dollar amount, Moreau said. That’s because “some people can be influenced easier than others.”

Voting can be another tricky area. Naturally, officials aren’t allowed to vote on issues from which they or their relatives benefit. But the code goes further. Officials who recuse themselves from voting can still find themselves running afoul of the law. She mentioned a case that involved a three-member hiring committee in the Department of Correction. The nephew of one of the members applied for a job and was hired; his uncle had recused himself from voting, as he thought was proper.

Since he had abstained from the actual vote, he figured there was no problem. Didn’t work out that way.

One of the other applicants filed a grievance. After an investigation, it was decided that the man, despite not having voted, had still played an important role in the hiring process.

The job was taken away from the nephew, reposted, and the man who filed the grievance wound up being hired instead.

“They can’t be in the room,” Moreau said of officials in that position. “They have to physically get up and leave the room. And that’s because your colleagues are going to be influenced by your body language.”

Another case involved outside employment. Not surprisingly, state employees can’t represent companies that do business with the state.

But, again, the code goes further. In one instance, Moreau said, a state employee worked for an agency that provided vouchers as a benefit. Her mother owned a business that accepted those vouchers.

“Essentially, she [the employee] was taking money from her own agency,” Moreau said.

The employee didn’t see it that way. It wasn’t her business, she insisted, it was her mother’s.

“But that doesn’t make it any better,” Moreau said, “you can’t have a close relative with a financial interest either.” As it turned out, an investigation showed the woman did work for the business, helping handle its books.

According to Moreau, for those who do violate the code of conduct, the penalty can be severe, even for what seems a minor offense.

One woman, acting against policy, accessed a database to find addresses for her Christmas card list.

“Thirty-five years with the state, and that was the end of her job,” Moreau said.

State, county and municipal employees with questions about a potential conflict of interest should contact the Public Integrity Commission. Members of the public who think they know of a violation may also call Moreau at 302-739-2399.

People complain about how tax dollars are spent. Now you can help do something about it.