Advisory Opinions

What is an Advisory Opinion? Why Would I Seek an Opinion? How Can I Seek an Opinion? Should I Email my Request? When will I know if the Conduct is Permitted? What if a Complaint is Filed Against Me? What are the Penalties? How Can I Reach the Commission?

Code of Conduct Opinions Financial Disclosure Opinions Lobbying Opinions Compensation Opinions

What is an Advisory Opinion? What is an Advisory Opinion? An interpretation of the rules by the Public Integrity Commission based on the proposed particular conduct of a State employee, officer or official. It gives guidance on whether the conduct will or will not violate the public trust.

Why Would I Seek an Opinion? It will clarify if you should or should not engage in such conduct. It also can protect you against complaints. If you fully disclose your situation to the Commission and follow its advice, the law provides protection against disciplinary action.

How Can I Seek an Opinion? Your request must be in writing; there is no formal format as long as it is legible. Before you start to write, contact the Commission's office, at 302-739-2399, to obtain help in writing your request.

Should I E-Mail My Request? By law, you are entitled to confidentiality concerning your requests. However, the Commission cannot guarantee that e-mail can be safely transmitted, so it is recommended that you do not use e-mail.

When Will I Know if the Conduct is Permitted? If the situation has been clearly addressed by the Commission, the Commission's staff will provide you with that information. If there is no clear ruling, your written request will be sent to the Commissioners one week prior to the monthly meeting. On the meeting day, the Commission likes to have the requestor present so that if there are questions not answered by the written request, it can obtain the answers at the meeting and issue an oral opinion that same day with a written opinion to follow.

What If a Complaint is Filed Against Me? You will be formally notified of the allegations against you, and of the rights you have, such as a right to legal counsel, right to a hearing, right to cross-examine, right to examine evidence, etc. If a violation is found, you have the right to appeal to the Superior Court.

What are the Penalties? Criminal Violations: ♦   Up to a year in prison and/or a $10,000 fine. Administrative Discipline includes: ♦   Letter of Reprimand ♦   Suspension, demotion, removal or other appropriate disciplinary action.

How Can I Reach the Commission? Public Integrity Commission 410 Federal St., Suite 3 Margaret O'Neill Bldg. Dover, DE 19901 Phone: 302- 739-2399 Fax: 302-739-2398

Last Updated: Thursday, 29-Mar-2007 13:20:29 EDT