Gift Made with Intent to Influence
No state employee, state officer or honorary state official shall accept other employment, any compensation, gift, payment of expenses or any other thing of monetary value under circumstances in which such acceptance may result in any of the following:
- Impairment of independence of judgment in the exercise of official duties;
- An undertaking to give preferential treatment to any person;
- The making of a governmental decision outside official channels; or
- Any adverse effect on the confidence of the public in the integrity of the government of the State.
Provided however, that a minimal gratuity provided on occasion to blind or disabled state employees or other blind or disabled persons supervised by the Division of Visually Impaired, shall not be considered to be a violation of this section.
Del. Code Ann. tit. 29, § 5806(b).
Extra Compensation for Official Duties
A public servant is guilty of receiving unlawful gratuities when the public servant solicits, accepts, or agrees to accept any personal benefit for engaging in official conduct which the public servant is required or authorized to perform, and for which the public servant is not entitled to any special or additional compensation.
Del. Code Ann. tit. 11, § 1206.
Gift Regardless of Giver Status
No current state statute or regulation falls under the category of “Gift Regardless of Giver’s Status.”
Gift from Lobbyist or Regulated Entity
No current state statute or regulation falls under the category of “Gift from Lobbyist or Regulated Entity.”
Definition and Exceptions
Gifted Defined
“Gift” means a payment, subscription, advance, forbearance, rendering or deposit of money, services or anything of value unless consideration of equal or greater value is received. “Gift” shall not include a political contribution otherwise reported as required by law, a commercially reasonable loan made in the ordinary course of business, or a gift received from a spouse or any relative within the 3rd degree of consanguinity of the person or person’s spouse or from the spouse of any such relative.
Del. Code Ann. tit. 29, § 5812(h).
Notes/Resources
Resource(s)
Delaware Public Integrity Reporting System