9 DE Code § 1128. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 11. County Executive and County Council|Subchapter III. Budgeting|§ 1128. Local service functions; determining the New Castle County service percentage and credit percentage; transition year [Effective until July 1, 2022].

§ 1128. Local service functions; determining the New Castle County service percentage and credit percentage; transition year [Effective until July 1, 2022]. (a) (1) New Castle County will develop the forms and instructions for municipalities to request that New Castle County recognize the New Castle County service percentage for a local service function or direct contribution of funds or in-kind contribution of goods and services to a volunteer fire company. New Castle County will hold meetings to discuss the draft forms and instructions with municipalities before the forms and instructions become final. (2) By January 31, 2021, New Castle County shall provide to each municipality the forms and instructions under paragraph (a)(3) of this section to submit the municipality's request that New Castle County recognize the following:  a. The New Castle County service percentage for a local service function is less than 100% based on the municipality's performance or partial performance of the local service function.  b. In the case of fire protection that a municipality does not provide directly, the municipality's direct contribution of funds or in-kind contribution of goods and services to a volunteer fire company.  (3) New Castle County shall provide a copy of each of the following:  a. New Castle County's budget for the current fiscal year. b. A standardized form listing each local service function and the documentation necessary to support a request that New Castle County recognize the degree to which the municipality performs or financially supports a local service function instead of New Castle County.  c. Contact information for appropriate representatives that a municipality may contact to discuss relevant financial information of New Castle County and the municipality, and the scope and nature of services provided by both entities. (b) (1) By March 1, 2021, a municipality shall submit its application and supporting documentation to New Castle County if the municipality is requesting that New Castle County recognize a New Castle County service percentage less than 100% for any local service function based on the municipality's degree of performance of the local service function. (2) By September 1, 2021, a municipality shall submit its application and supporting documentation to New Castle County if the municipality is requesting that New Castle County recognize the municipality's contribution of funds or in-kind contributions of goods and services to a volunteer fire company. (3) New Castle County may request, and the municipality must provide, additional information that may reasonably be needed to determine the degree of performance of local service functions provided by the municipality.  (c) (1) By July 1, 2021, New Castle County shall notify each municipality of New Castle County's determination regarding the New Castle County service percentage for each local service function other than fire protection. A disagreement regarding New Castle County's calculations under this paragraph (c)(1) is subject to negotiation between New Castle County and the municipality. (2) By October 1, 2021, New Castle County shall notify each municipality of New Castle County's determination regarding the dollar amount of direct and in-kind donations that the County will recognize to calculate the individual fire protection rate. A disagreement regarding New Castle County's calculations under this paragraph (c)(2) is subject to negotiation between New Castle County and the municipality. (d) (1) a. By September 1, 2021, a municipality that is unable to reach agreement with New Castle County regarding the New Castle County service percentage for a local service function under paragraph (c)(1) of this section may provide notice to New Castle County demanding arbitration which includes the municipality's designated member of the arbitration panel under paragraph (d)(2) of this section. If the municipality does not provide such notice by September 1, 2021, New Castle County's determination is final and may not be appealed.  b. By November 1, 2021, a municipality that is unable to reach agreement with New Castle County regarding the New Castle County individual fire protection tax rate under paragraph (c)(2) of this section may provide notice to New Castle County demanding arbitration that includes the municipality's designated member of the arbitration panel under paragraph (d)(3) of this section. If the municipality does not provide such notice by November 1, 2021, New Castle County's determination is final and may not be appealed.  (2) If arbitration is demanded under paragraph (d)(1)a. of this section, an arbitration panel will be created which is comprised of 3 members, selected as follows:  a. The municipality's designee. b. By September 10, 2021, the County Executive shall designate a member. c. By September 20, 2021, the arbitration panel designees of the County Executive and the municipality shall jointly select the third member. If the 2 arbitration panel designees cannot agree on the selection of the third member by September 20, 2021, the third arbitration panel member is the Chair of the New Castle County Financial Advisory Council or the Chair's designee. d. The arbitration hearing must occur by December 15, 2021. At the hearing, New Castle County and the municipality may present testimony, evidence, and oral argument as to the matters in dispute. (3) If arbitration is demanded under paragraph (d)(1)b. of this section, an arbitration panel will be created which is comprised of 3 members, selected as follows:  a. The municipality's designee.  b. By November 10, 2021, the County Executive shall designate a member. c. By November 20, 2021, the arbitration panel designees of the County Executive and the municipality shall jointly select the third member. If the 2 arbitration panel designees cannot agree on the selection of the third member by November 20, 2021, the third arbitration panel member is the Chair of the New Castle County Financial Advisory Council or the Chair's designee.  d. The arbitration hearing must occur by December 15, 2021. At the hearing, New Castle County and the municipality may present testimony, evidence, and oral argument as to the matters in dispute.  (4) An arbitration panel may establish rules for the arbitration hearing, including information required to be produced by a party and deadlines for the submission of evidence.  (5) An arbitration panel shall issue its decision by January 31, 2022. An arbitration panel's decision is binding and may not be appealed.  (e) Notwithstanding subsections (a) through (d) and (f) of this section, either of the following may occur:  (1) New Castle County and a municipality may enter into an agreement setting different terms or timing for negotiations, calculations, or approval of the New Castle County service percentages. (2) New Castle County may determine New Castle County service percentages for a municipality that does not make a request in the manner required under this section. New Castle County's determination under this paragraph (e)(2) is final, may not be appealed, and is not subject to arbitration under subsection (d) of this section.  (f) New Castle County shall adopt policies and procedures to implement this section. (g) This section applies beginning for the fiscal year 2023 budget. 83 Del. Laws, c. 7, § 3;