Current through 2024 Legislative Session Act Chapter 494
Section 5809 - State Public Integrity Commission - Power and dutiesThe powers and duties of the Commission shall be as follows:
(1) To recommend to the General Assembly from time to time such rules of conduct for public employees and officials as it shall deem appropriate.(2) To issue written advisory opinions upon the request of any state employee, state officer, honorary state official or state agency as to the applicability of this chapter to any particular fact situation.(3) To refer to Commission Counsel to investigate any alleged violation of this chapter and, after notice and hearing, to recommend by resolution, such disciplinary action as it may deem appropriate to such appropriate official or agency as the Commission shall determine or to take such other disciplinary action as is authorized by § 5810(d) of this title or other provisions of this Code. The Commission may also dismiss any complaint that it determines is frivolous or fails to state a violation.(4) To report to the appropriate federal or state authorities any substantial evidence of a violation of any criminal law which may come to its attention in connection with any proceeding whether advisory or disciplinary.(5) To maintain a file of its proceedings, waiver decisions and advisory opinions with a view toward achieving consistency of opinions and recommendations subject to the confidentiality requirements of § 5807(b) and (d), and § 5810(h).(6) To follow the procedural rules specified in § 5810 of this title and to establish such other procedural rules as shall not be inconsistent with the rules prescribed therein.(7) To subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of books, papers, records or other evidence needed for the performance of the Commission's duties or exercise of its powers.(8) To prescribe forms for reports, statements, notices and other documents required by law. The Commission may permit the filing of reports, statements, notices, and other documents by electronic means and may specify the form and content of such filings.(9) To prepare and publish manuals and guides explaining the duties of individuals covered by this chapter; and giving instructions and public information materials to facilitate compliance with, and enforcement hereof.(10) To provide assistance to state agencies, employees and officials in administering the provisions of this law.(11) To prepare an annual report by March 1st of each year describing its activities for the previous year and to prepare such other reports and studies as may advance the purposes of this chapter.(12) To appoint a lawyer admitted to practice in the State to serve as Commission Counsel.(13) To request appropriate state agencies to provide such professional assistance as it may require in the discharge of its duties. (14) To contract for any services which cannot satisfactorily be performed by the Commission Counsel or other Commission staff.(15) Commencing January 15, 1995, to administer and implement the financial disclosure provisions of subchapter II of this chapter and to maintain the records filed pursuant thereto.(16) Commencing January 15, 1996, to administer and implement the lobbyist registration provisions of this Code and to maintain the records filed pursuant thereto.(17) To perform such other responsibilities as may be assigned to it by law.59 Del. Laws, c. 575, § 1; 67 Del. Laws, c. 417, §1; 69 Del. Laws, c. 467, §§10 - 13, 27; 75 Del. Laws, c. 57, § 6.;