2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter I. State Employees’, Officers’ and Officials’ Code of Conduct › § 5808A. Commission Counsel; powers and duties.

§ 5808A. Commission Counsel; powers and duties.
(a) There shall be a Commission Counsel who shall be the legal representative of the Commission and have the following powers and duties:
(1) To assist the Commission in preparing and publishing manuals and guides explaining the duties of individuals covered by this chapter and in other activities, such as seminars and workshops, educating individuals covered by this chapter about its requirements and purposes, and giving instructions and public information materials to facilitate compliance with, and enforcement hereof.
(2) To provide legal counsel to the Commission concerning any matter arising in connection with the exercise of its official powers or duties.
(3) To review information coming to the attention of the Commission relating to potential violations of this chapter.
(4) To investigate information coming to the attention of the Commission that, if true, would constitute a violation of any provision of this chapter and/or to recommend that possible violations of these, or other state and federal laws, be referred by the Commission to the Attorney General or the United States Attorney for investigation and prosecution. Matters may be so referred to the Attorney General or the United States Attorney only upon a determination by at least a majority of the Commission that there are reasonable grounds to believe that a violation may have occurred.
(5) To prosecute disciplinary proceedings, if a determination has been made by at least a majority of the Commission that there are reasonable grounds to believe that a violation may have occurred, before the Commission and to assist the Commission in drafting educational materials, waiver decisions and advisory opinions.
(6) To employ and supervise staff necessary to perform investigatory and prosecutorial functions.
(7) To maintain permanent records of all advisory, waiver, investigatory and prosecutorial matters.
(8) To perform any other tasks requested by the Commission concerning any matter arising in connection with the exercise of its official powers or duties.
(9) Under circumstances in which the Commission has not convened for 60 or more consecutive days, and after notice to the Commission, Commission Counsel may 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 if the request concerns an issue that does not require a waiver and that has previously been determined by:
a. Written opinion of the Commission; or
b. Court opinion interpreting the State Code of Ethics.
(b) The Commission Counsel may recuse from a matter before the Commission when, in the view of Commission Counsel or of the Commission, such recusal is deemed necessary or appropriate. In situations where Commission Counsel recuses, the duties of the Commission Counsel may be exercised by the Attorney General or by outside counsel chosen by the Commission.
69 Del. Laws, c. 467, §  9;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 204, §  1;