Every evening, Wilmington daily commercial., 1921-09-27
UPHOLDS REPUBLICAN
ASSESSMENT CLERKS
Levy Court Attorney Rules
Their Terms Do Not Expire
When Board Changes

T. w 1Nftns atlNT0tl At lnt
Levy Court. in an opinion rendered
t, y held that. once the ceuaty
Board OF Assessment has certified tbs
M ne OF persons employed as clerks
to the Levy Court and the Levy Court
fixes the salary. that such persons Inn
mediately become employees and con-
tinue in service until their SUCCESSORS
are tuly appointed by the, Board of
Assessment and their salaries fixed
vices of such employees or clerks dc
not terminate upon a change In the
Board of Assessment unless the Board
of Assessment by some positive action
terminates the services.
Four Republican clerks of tho Board
of Assessment and one Democratic
clerk are holdovers, having been ap-
pointed by the board as constituted
previous TO this year. wheE the board
re-organized few months ago. the
Democratic memtprs requested a
more equitable Democratic appoint
ment Of the office force, but tho Re
publican members declined 30 go into
an election for clerks, suspectine a
deadlock would result and the hosrSi
would have no clerks.
Attorney Green's opinion was rem
dered in response to resolution
presented by Commissioner Coiling
week ago. The full text OF the opinion
follows:
You have referred TO me, as your
sttorney. a resolution adopted on Tues
day, September 20, asking for my
opinion in relation 70 the employment
OF the clerks by the Board OF ASSESS
rnent. In answer thereto may / in-
form you as follows:
THE Beard of Assessment is ziven
the power to employ a clerk or clerks
at salaries 70 be fixed by the Levy
Court, the duties Of said clerks to be
prescribed by the Board OF ASSESS
ment The act provides that the
Board Of Assessment shall certify in
writing the name OF each person NJ
employed and shall approve all bill,
rendered to the Levy Court by sucf
persons so employed before paynen
shall be made TO such persons by tn,
said Levy Court. These provision.
are found in paragraph 1923, sectios
rs. page 2ls, Vol. 90 Delaware Laws.
Il am OF the opinion that. once tn,
Board of Assessment has certified tn.
name of persons employed as clarki
ITO the Levy Court and the Levy Cour
fixes the salary, that such persons
Immediately become employees an,
continue in service unta their sue
cessors are duly appointed by tn,
Board OF Assessment and th-ir salarie.
fixe1 by the Levy Court and that tn
services of such employees OF clerk
. DO not terminate upon change ),
the Board OF Assessment unless tn,
. Board of Assessment by some positiv
Action terminates the services Afte
, once employed the clerks continu
, until their services are dispensed with
J The salaries of such employees gre I
I. be paid as long as their names appea
: en- the payroll without need Of an
( certificate from the Board OF Assess
: iment.
I The provision in relation To an
: proval relates only 10 bills .consracto
by SAID employees in the performanc
of their duties, which bills before uay
ment must be approved by the Boar
of Assessment
DO not consider 1t transgressso
|, TO say to the Levy Court that the wor
OF the county must go on and tina
II through any reason the work in III
!, Board OF Assessment is halted or fr
efficient, that it is the duty of III
, Levy Court TO see that the work
continued and efficiently done.
II the Levy Court becomes cor
Sinced that any member or Tnembe,
of the Board Of Assessment are fai
y ing TO properly perform their dutie
e the act provides that the Levy Coul
= may remove such mem Der or mernbe,
: after due noticv and hearing"
n The Levy Court received and fl,
i the opinion.
o y. Frank Ball, Horace L. Dilwor-
o ana George B. Miller. trustees of Il
New Castle County Workhouse. Al
peared before the Levy Court toda
told the worlShouse's financial nee,
and asked for an appropriation of s1s
y VOO 10 pay outstanding bills and f
AAHfiONtlhtHlS ana mai
tenance. The last General Assemb
!. enacted a law authorizing bond issi
IL OF sSo,ooo Tor workhouse. improvement
p and maintenance. but the Levy coul
fe on advice of attorneys, refused to
sue the bonds, as the workhouse tru
tees Intended to apply part of the .pr
ceeds to outstanding bile, for whi
the act made no provision After hea
= = ing Messrs. Ball. Dilworth and Mill,
~ the Levy Court resolved to advan
= the workhouse trustees s15 900. whi
y will be appropriated in three month
n instailments of 5000 each.
"a The court put on the county pa
III roll the name of Mrs. Florence e.
Scott. assistant to Probation Offic
Godfrey r. Handy Mrs. Scott "
|. receive a salary of 81 500 per annu