§ 5824 — Disclosure of dual employment; audit [Effective May 22, 2026]

(a) An elected or appointed official who is also an employee shall disclose the dual employment to the Commission within 15 days after the commencement of the dual employment.

(b) The disclosure under subsection (a) of this section must be made in a format prescribed by the Commission and must include information prescribed by the Commission to determine that sufficient measures or circumstances are in place to avoid dual compensation.

(c) After the disclosure under subsection (a) of this section, an elected or appointed official only has a duty to report to the Commission within 15 days after 1 of the following occurs:

(1) The elected or appointed official’s dual employment ends.

(2) The elected or appointed official begins employment with a different state agency or political subdivision of this State.

(d) If the Commission believes an elected or appointed official is receiving dual compensation, the Commission may request an audit by the State Auditor.

(e) If an employee is found to have received dual compensation in violation of this subchapter, the violation must be reported to the employer for corrective action under the employer’s applicable governing policies or law.

(f) Nothing in this section relieves an elected or appointed official of the elected or appointed official’s duty to file an annual financial disclosure statement with the Commission under § 5813 of this title.

Legislative History

85 Del. Laws, c. 20, § 4