PUBLIC INTEGRITY COMMISSION

AGENDA

June 21, 2016

10:00 A.M.

Margaret O’Neill Building

2nd Floor Conference Room

410 Federal Street

Dover, DE 19901

1. Minutes of May 17, 2016

2. Administrative Items

A. Legislative Wrap-Up

1. HB 197, which clears up confusion about lobbyist expense reporting and campaign contributions, is out of the House Administration Committee and Sen. Peterson has signed on as a sponsor in the Senate. Has been out of committee since March 19, 2016. Does not appear it will be brought to the floor for a vote.

2. HB 252 has been in the House Administration Committee since Jan. 20, 2016. This Bill was not introduced at our request, although we have no reason to oppose it other than budgetary restrictions. The Bill attempts to strengthen the Dual Compensation section of Chapter 58, Title 29 by requiring any paid elected or appointed official, including those serving the state, counties and municipalities, to file a Financial Disclosure with our agency. Unlikely to be released from Committee.

3. HB 385, requiring paid lobbyists to pay an annual registration fee, was assigned to the House Administration Committee on May 15, 2016. This Bill is a copy of our HB 305 introduced in 2014. Unlikely to be released from Committee.

4. HB 391 was assigned to the House Administration Committee on May 19, 2016. This Bill requires legislators to report monies received from any governmental agency for the use or sale of land on their annual Financial Disclosure form. Unlikely to be released from Committee.

5. SB 225 requires PIC to assume jurisdiction over members of the General Assembly for violations of the Code of Conduct. At first glance, the measure appeared unconstitutional because of the separation of powers doctrine. However, similar laws have been upheld as long as the Executive Branch only has authority over members of the Legislative Branch for matters unrelated to their voting power. Assigned to the Senate Executive Committee on May 17, 2016 and unlikely to be released from Committee.

B. Trainings

(1) 5/26/16—DelDOT—18 attendees

(2) 6/1/16—Mid-Atlantic Intergovernmental Audit Forum—60 attendees

(3) 7/6/16—OMB Haslet Building

(4) 8/25/16—DelDOT

(5) The Dept. of Education asked permission to host our online training module through one of their training portals (Schoology) for members of charter school boards. The module was sent to them and they are working on getting it up and running.

(6) The Arthur G. Connelly Ethics Summit is scheduled for Oct. 26, 2016 at a location TBD. The Chair and Commission Counsel met with the Governor on June 8th where we received his support for the summit. The Chair asked the Governor to make opening comments. The featured speaker, Amb. Norman Eisen, has been confirmed. We are trying to get one of the colleges to donate space for the summit but have not yet secured a commitment.

3. Executive Session

14-29 Post Employment: Letter asking the Commission to re-issue their prior opinion based upon the ruling from the AG’s Office.

4. Requests for Advisory Opinions, Waivers and Referrals[i]

16-19 / 10:20 / Outside Employment
School Dist employee works part-time for a professional company that contract with District
16-24 / 10:30 / Post Employment
State employee wants to leave State service and work for one of the agency’s contractors.
16-22 / 10:45 / Post Employment
State employee to retire and wants to work for one of the agency’s contractors
16-26 / 11:00 / Waiver Request—Post Employment
State employee wants to contract with former agency as a consultant after retirement
16-27 / 11:15 / Post Employment
State employee wants to retire and work for one of the agency’s contractors
16-28 / 11:30 / Post Employment
State employee wants to retire and work for one of the agency’s contractors

5. Adjournment

[i] Pursuant to 29 Del. C. § 10004(6) to discuss non-public records (29 Del. C. § 10002(6) Any records specifically exempted from public disclosure by statute or common law), as the written statements required for advisory opinions and complaints are subject to the confidentiality standards in 29 Del. C. § 5805(f), 29 Del. C. § 5807(d) Advisory Opinion Requests, and 29 Del. C. § 5810(h) for Complaints. Further, the proceedings, like personnel actions are, by statute, closed unless the applicant for the advisory opinion requests a public meeting, 29 Del. C. § 5805(f), 29 Del. C. § 5807(d), or the person charged in a complaint requests a public meeting. 29 Del. C. § 5810(h). No applicant for an advisory opinion, nor a person charged by a complaint has requested an open meeting.