CHAPTER 9

FORMERLY

HOUSE BILL NO. 29

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO NEW CASTLE COUNTY EXECUTIVE AND COUNTY DEPARTMENTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

WHEREAS, in our traditional system of democratic government, an Executive, whether they be the President, the Governor, or the County Executive, is empowered to appoint heads of Executive branch agencies; and

WHEREAS, prior to the reorganization of New Castle County government in 1998, elected Executives in New Castle County were granted such power by State law pursuant to 9 Del.C. § 1120(b); and

WHEREAS, the 1998 reorganization of New Castle County government deleted in its entirety 9 Del.C. § 1120(b) from State law; and

WHEREAS, because of the deletion of 9 Del.C. § 1120(b) in its entirety, the historical power granted by the General Assembly to New Castle County Executives was removed from State law; and

WHEREAS, present and future County Executives, subject to the advice and consent of County Council, should be empowered to select heads of County departments as former New Castle County Executives were empowered.

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1120, Chapter 11, Title 9, Delaware Code by striking said Section in its entirety and substituting in lieu thereof the following:

Ҥ 1120. Power to Appoint Chief Administrative Officer and Department Directors.

(a) The County Executive shall appoint a Chief Administrative Officer who shall serve at the pleasure of the County Executive. The Chief Administrative Officer shall be qualified by education, training and experience for the duties to be performed.

(b) The County Executive, with the advice and consent of the County Council, shall appoint the General Manager of Land Use, the General Manager of Special Services, the General Manager of Community Services, the Chief Procurement Officer, the Chief Financial Officer, the Chief Human Resources Officer, as well as the heads of any subsequently created departments, who shall each serve at the pleasure of the County Executive.

(c) Notwithstanding any other provision of State or county law, upon the effective date of this Section, any persons then serving in any of the positions enumerated in this Section shall cease to be classified service members of the New Castle County Merit System, but may thereafter continue to serve at the pleasure of the County Executive.”.

Section 2. Amend § 1122, Chapter 11, Title 9, Delaware Code by striking said Section in its entirety and adding a new § 1122 to read as follows:

Ҥ 1122. County Executive Restructuring Power.

The County Executive of New Castle County shall have the power to merge, establish, rename, and modify departments, boards, agencies, commissions, and offices of the County and may prescribe the functions and management systems of all departments, boards, agencies, commissions and offices of the County, subject to approval of County Council. The authority granted pursuant to this Section shall supersede any conflicting provisions within this Title.”.

Section 3. Severability clause. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and, to that end, the provisions of this Act are declared to be severable.

Section 4. This Act is effective upon its enactment into law.

Approved February 9, 2005