2006 Delaware Code - Subchapter V — General Provisions

§ 1181. Bonding of officers and employees.

(a) Prior to the entry of any officers of the County upon the duties of their offices, the Office of Law shall procure at the expense of the County, corporate surety bonds, conditioned for the faithful performance of their respective duties in such penal sums as shall be fixed by the County Council, but the amount shall not in any case be less than $15,000.

(b) Within 6 months of the organization of the Office of Law, the County Attorney shall recommend through the County Executive to the County Council, the amounts in which fidelity bonds shall be procured for the faithful performance of duties of all officers and employees of the County Council, either generally or by categories. In the performance of this responsibility, the Office of Law may recommend blanket bonds covering individual fidelity or may recommend comprehensive coverage for all, or for groups of employees, on an occurrence basis. (9 Del. C. 1953, § 1181; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 58.)

§ 1182. Personal financial interest.

(a) Any county officer or employee who has a substantial financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the County or in the sale of any land, material, supplies or services to the County or to a contractor supplying the County, shall make known that interest and shall refrain from voting upon or otherwise participating in the making of such a contract or sale.

(b) Any county officer or employee who wilfully conceals such a substantial financial interest, or wilfully violates the requirements of this section, shall be guilty of malfeasance in office or position and shall forfeit his office or position.

(c) Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the County shall render the contract voidable by the County Executive or the County Council. (9 Del. C. 1953, § 1182; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.)

§ 1183. Prohibitions and penalties.

(a) The following prohibitions shall be applicable:

(1) No person shall be appointed to, or removed from, or in any way favored or discriminated against with respect to, any county position, or appointive county administrative office, because of race, or color, or national origin, or political, or religious opinions or affiliations;

(2) No person shall, wilfully or corruptly, make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this chapter, or in any manner commit or attempt to commit any fraud preventing the impartial execution of the personnel provisions or of the rules and regulations made under this chapter;

(3) No person who seeks appointment or promotion with respect to any county position or appointive county administrative office shall, directly or indirectly, give, render or pay any money, service or other valuable thing to any person for, or in connection with, his test, appointment, proposed appointment, promotion or proposed promotion.

(b) Any person who by himself or with others wilfully or corruptly violates this section shall be fined not more than $500, or imprisoned for not more than 1 year, or both. Any person convicted under this section shall be ineligible, for a period of 5 years thereafter, to hold any county office or position and, if he is an officer or employee of the County, he shall immediately forfeit his office or position. The Superior Court shall have exclusive original jurisdiction over offenses under this section. (9 Del. C. 1953, § 1183; 55 Del. Laws, c. 85, § 1.)

§ 1184. Public right of inspection of public records.

(a) County records, the disclosure of which would invade a person's right of privacy, hinder law enforcement, endanger the public safety, or breach a legally recognized duty of confidence, or the nondisclosure of which is legally privileged, or which have been prepared for or by the County Attorney for use in actions or proceedings to which the County is or may be a party, shall not be available for public inspection.

(b) Except as provided in this section, all other county records shall be open for public inspection, but the officer, department, board or commission, or other governmental agency of the County having the care and custody of such records, may make reasonable regulations governing the time, place and manner of their inspection, and for purposes of archival preservation, copies of county records may be substituted in lieu of original records. (9 Del. C. 1953, § 1184; 55 Del. Laws, c. 85, § 1.)