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Office of the Governor
JOHN CARNEY

Senate Nominees: Documents, Instructions, And Information


Required Documents


 

Document Information and Instructions (Read)


  • These are fillable PDFs and you will need to download the form, complete, save, and attach the form to an e-mail. The form does not automatically save your document for your reference. In order to make necessary changes you MUST save your document.
  • Please use Adobe Acrobat Reader to download, complete, and save the form. Many browsers will just open the form in a new browser window (rather than opening in Adobe Acrobat Reader).  Many browsers will not allow you to fill out the form and save it.  You will have to download and save the form, then open it in Adobe Acrobat Reader in order to fill it out.
  • Please attach the form to an email and send to:   gov_appointments@state.de.us.  Our office will confirm receipt with an email back to you.  If you do not receive an e-mail confirmation, you must call (302) 744-4104 or (302) 744-4235.
  • You can also download the form, complete the information, and then scan or fax it back to us.  If you choose to do so, please scan the form to gov_appointments@state.de.us, or fax to:   (302) 739-2775.
  • Resume and any additional attachments are to be e-mailed to gov_appointments@state.de.us.
  • Do not use “see resume” for any answer.
  • Use N/A for all non-applicable questions.
  • Compare resume and questionnaire for discrepancies.
  • The financial disclosure report has extensive definitions. Please review below.

 

Financial Disclosure Report


All those nominees who are also “Public Officers” as defined in 29 Del. Code. § 5812 (n)(1) (See below) must also complete the Financial Disclosure Report (PDF).

As defined in 29 Del. Code. § 5812 (n)(1), “Public officer” shall mean:

  1. Any person elected to any state office; and
  2. Any person appointed to fill a vacancy in an elective state office; and
  3. Any candidate who has filed for any state office; and
  4. The Research Director and Controller General of the Legislative Council; and
  5. The Chief Justice and Justices of the Supreme Court; and
  6. The Chancellors and Vice-Chancellors of the Court of Chancery; and
  7. The President Judge and Judges of Superior Court; and
  8. The Chief Judge and Judges of Family Court; and
  9. The Chief Judge and Judges of the Court of Common Pleas; and
  10. The Chief Magistrate and justices of the peace; and
  11. The State Court Administrator and the administrators of Superior Court, Family Court, the Court of Common Pleas, and the Justice of the Peace Courts; and
  12. The Public Guardian, the Executive Director of the Child Placement Review Board; and
  13. All Cabinet Secretaries and persons of equivalent rank within the Executive Branch; and
  14. All division directors and persons of equivalent rank within the Executive Branch; and
  15. The State Election Commissioner and the Directors and Deputy Directors of the Department of Elections; and
  16. The State Fire Marshal and the Director of the State Fire School; and
  17. The Adjutant General of the Delaware National Guard; and
  18. The Alcoholic Beverage Control Commissioner and the members of the Appeals Commission, pursuant to §306(c) of Title 4; and
  19. The Public Advocate; and
  20. Members of the Public Service Commission.

 

For purposes of this report, the term “public officer” does not include elected and appointed officials of political subdivisions of the State, of public school districts of the State, and of state institutions of higher learning.

The amount of income, value or degrees of ownership need not to be disclosed, except that the value of gifts must be disclosed. 29 Del. C. § 5813(a)(4)(e.

If additional space is needed, use the box provided on page 4.

In Section 4, indicate the date at which the information is established, e.g., as of January 31, 2015.

This report is subject to public inspection. 29 Del. C. § 5814(b).

Definitions


“Fair market value” means, if a security, the quoted price as of January 1 of the year in which the report is filed, or, if not a security, the price at which the public officer would sell as of January 1 of the year in which the report is filed. 29 Del. C. § 5812(g).

“Instrument of ownership” includes, but is not limited to common or preferred stock, rights, warrants, articles of partnership, proprietary interest, deeds, and debt instruments, if convertible to equity instruments. 29 Del. C. § 5812(k).

“Business Enterprise” means corporation, partnership, sole proprietorship or any other individual or organization carrying on a business or profession. 29 Del. C.§ 5812(a).

“Position of management” means officer, director, partner, proprietor, or other managerial position in a business enterprise. 29 Del. C. § 5812(1).

“Professional organization” means an individual engaged in, or an association organized pursuant to, federal or State law for the practice of medicine, law, accounting, engineering, or other profession. 29 Del. C. § 5812(m).

“Constructively controlled” means:

  1. A financial interest in the name of another which is controlled by a public officer by virtue of any relationship of the public officer to another person which directly benefits the public officer;
  2. Any financial interest of a public officer held jointly with the spouse or child of such public officer;
  3. Any financial interest of the spouse or minor child of a public officer. 29 Del. C. §5812 (d).

 

“Time or demand deposits” means checking and savings accounts in banks or deposits or share in savings and loan institutions, credit unions, or money market funds. 29 Del. C. §5812(p).

“Debt Instrument” means bonds, notes, debentures, mortgages, or other securities having a fixed yield if not convertible to equity instruments. 29 Del. C.§ 5812(e).

“Equity instrument” means any ownership interest in a corporation or other legal entity giving the rights to the holder upon liquidation of the entity. 29 Del. C. § 5812(f).

“Income for services rendered” includes salary, wages, consulting fees and professional services. “Any” is all inclusive so income from the State is also to be listed as a source if received.

“Capital gain” means gains that are reported under Internal Revenue Service laws.

“Reimbursement for expenditures” means payments to a public officer for expenses incurred by the public officer.

“Honoraria” means fees received for speeches, written articles, and participating in discussion groups and similar activities. It does not include reimbursement for expenses.

“Gift” means: payment, subscription, advance, forbearance, rendering or deposit of money, services or anything of value unless consideration of equal or greater value is received. “Gift” is not: (1) political contributions otherwise reported as required by law; (2) commercially reasonable loans made in the ordinary course of business; or (3) gifts from: spouse; relatives of the public officer or public officer’s spouse within the 3rd degree of consanguinity; or the spouse of any such relative.


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