HOUSE BILL NO. 123
AN ACT TO AMEND SECTION 703, ARTICLE VII, OF THE CHARTER OF THE CITY OF NEWARK, DELAWARE, BY ALLOWING THE CITY MANAGER TO ADOPT PERSONNEL RULES NOT INCONSISTENT WITH THE CITY CODE.
WHEREAS, Section 703 of the Charter of the City of Newark provides that the Personnel Rules must be passed by ordinance; and
WHEREAS, this provision severely limits the ability of the City Manager to effectively fulfill his role as the chief administrative officer of the City under the Council-Manager form of government and does not allow necessary flexibility in adopting and modifying personnel rules; and
WHEREAS, it is necessary to keep personnel rules up to date and consistent with ever changing Federal and State laws and regulations; and
WHEREAS, it was not the legislative intent, when the Charter was adopted, to limit the City Manager needed flexibility in adopting and updating personnel rules.
BE IT ENACTED BY THE GENERAL ASSEMBLY of the State of Delaware (two-thirds of the Members elected to each House thereof concurring therein):
Section 1. Amend Section 703, Article VII, of the Charter of the City of Newark, Delaware, by deleting therefrom the second paragraph in its entirety and substituting therefor a new paragraph to read as follows:
The City Manager shall prepare personnel rules which may be adopted by the Council by ordinance or may be promulgated by the City Manager in writing so long as the City Manager's rules are not inconsistent with any city ordinance. The personnel rules will provide for the following:"
Section 2. This amendment to the Charter shall be filed with the Secretary of State and with the Director of the Legislative Council (formerly Legislative Reference Bureau) pursuant to the provisions of Section 836, Title 22, Delaware Code.
Approved January 25, 1990.