reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter I. Powers of the Government of New Castle County › § 1101A. Definitions.

§ 1101A. Definitions.
For purposes of this chapter:
(1) “Chief Financial Officer” means the Chief Financial Officer of New Castle County or a designee.
(2) “Fire protection” means the prevention and extinguishment of fires; maintenance of apparatus and equipment, including ambulances, rescue trucks, aerial, or platform trucks and rescue boats; provision of basic life support; and operation of stations.
(3) a. “Local service function” or “LSF” means a local governmental service, or a group of closely allied governmental services, that is all of the following:
1. A service for which, New Castle County or any municipality, as distinguished from the State, has a primary responsibility for provision and financing, under the Delaware Constitution, Delaware Code, or judicial decision.
2. Performed or financially supported by New Castle County and by at least 1 municipality, in whole or in part, instead of New Castle County.
3. Funded by New Castle County, in whole or in part, through property tax revenue.
b. “Local service function” or “LSF” may include any of the following:
1. Planning and zoning, including subdivision regulations.
2. Adoption and enforcement of ordinances for the protection of persons and property from hazards in the use, occupancy, condition, alteration, maintenance, repair, sanitation, removal, and demolition of buildings, structures, and appurtenant grounds; the operation of equipment; and outdoor signs, including codes and regulations for any of the following:
A. Zoning.
B. Building.
C. Plumbing.
D. Property maintenance.
3. Programs for redevelopment, affordable housing, and urban renewal.
4. Parks and park related activities and recreational programs.
5. Police protection.
6. Fire protection.
7. 9-1-1 communications.
8. Animal control.
9. Public works, including maintenance and operation of sanitary and storm sewers, drainage systems, sewage disposal facilities, and refuse disposal facilities, including trash and garbage collection disposal.
10. Lighting of streets, roads, alleys, and other public places.
11. Maintenance and operation of the water supply system.
12. Library system.
(4) “Municipality” means a municipal corporation located within New Castle County and incorporated by an act of the General Assembly.
(5) “New Castle County service percentage” means the degree to which New Castle County provides a local service function within a municipality, determined by subtracting the degree to which a municipality provides the local service function from 100%. The New Castle County service percentage in the unincorporated area equals 100%.
83 Del. Laws, c. 7, § 1;  83 Del. Laws, c. 7, § 10;  83 Del. Laws, c. 283, § 7;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter I. Powers of the Government of New Castle County › § 1103. Exercise of powers.

§ 1103. Exercise of powers.
All powers of the government of New Castle County shall be carried into execution as provided by this title or by other law of this State or if this title or other law of this State makes no such provision, as provided by ordinance or resolution of the County Council of New Castle County.
9 Del. C. 1953, §  1103;  55 Del. Laws, c. 85, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter II. County Executive › § 1111. Election and term.

§ 1111. Election and term.
(a) At the first general election in November following May 26, 1965, and each fourth year thereafter, a County Executive shall be elected at large from New Castle County, except that if such first general election is in a nonpresidential election year, then the County Executive thus elected shall serve a term of 2 years and thereafter shall be elected each fourth year in a presidential election year. He or she shall take office on the first Tuesday in January following his or her election. He or she shall serve no more than 2 consecutive terms of 4 years each, not counting any partial terms he or she may serve as a result of vacancy in the office of County Executive or as a result of his or her election to a term of 2 years as aforesaid. Following any 2 consecutive 4 year terms served by the County Executive, he or she may again hold the office provided that a 4 year term has intervened since he or she last held the office.
(b) The County Executive shall be the chief executive officer of the County. The County Executive shall be responsible to the people of the County for the executive and administrative work of the County. The County Executive shall be recognized as the head of the County Council for all ceremonial purposes, the purposes of military law, and the acceptance of service of civil process.
9 Del. C. 1953, §  1111;  55 Del. Laws, c. 85, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter II. County Executive › § 1112. Qualifications.

§ 1112. Qualifications.
The County Executive shall be a citizen of the United States, a qualified elector of New Castle County, and shall have been a resident of New Castle County for at least 5 years immediately preceding his or her election. Removal from the County as a resident shall be construed as vacating the office of County Executive. The County Executive shall be no less than 27 years old when elected to the office of County Executive.
9 Del. C. 1953, §  1112;  55 Del. Laws, c. 85, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter II. County Executive › § 1113. Compensation.

§ 1113. Compensation.
The annual salary of the County Executive shall not be less than $67,000 and may be changed by ordinance or upon a recommendation by the New Castle County Compensation Commission which has been adopted and ordained by County Council.
9 Del. C. 1953, §  1113;  55 Del. Laws, c. 85, §  1;  70 Del. Laws, c. 493, §  1;  71 Del. Laws, c. 401, §  16;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter II. County Executive › § 1115. Absence or disability.

§ 1115. Absence or disability.
During the temporary absence or disability of the County Executive, the Chief Administrative Officer shall act as County Executive and may sign contracts or other legal papers or instruments which the County Executive is authorized to sign. The County Executive shall designate, in writing, a head of a county department who shall act as County Executive during the temporary absence or disability of both the County Executive and the Chief Administrative Officer. The Acting County Executive may sign contracts or other legal papers or instruments which the County Executive is authorized to sign.
9 Del. C. 1953, §  1115;  55 Del. Laws, c. 85, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter II. County Executive › § 1116. Powers and duties.

§ 1116. Powers and duties.
The County Executive shall:
(1) See that the duties and responsibilities of the executive and administrative agencies of the County are properly performed and that the work of the county offices, departments, and agencies is properly coordinated;
(2) See that the laws of the State required to be administered by the County, the provisions of this title, ordinances, and regulations of the County are enforced;
(3) Make appointments to positions for which the County Executive has appointing authority and to other positions for which no appointing authority is prescribed;
(4) Except as otherwise provided in this title, shall remove or suspend at his or her pleasure any person whom the County Executive may appoint to a position of trust or emolument;
(5) Receive and examine complaints made against any officer or employee for neglect of duty or malfeasance in office;
(6) Have full authority to examine the books, papers, records, accounts, moneys, securities and property of the County in the possession of all offices, departments, or boards which the County Executive supervises, and may in the County Executive's discretion delegate such authority to 1 or more competent persons;
(7) Require the fiscal officers of the County to make such special audits, investigations, or examinations as the County Executive may deem appropriate;
(8) Require of officers, departments, or agencies under the County Executive's supervision the submission of any reports the County Executive deems appropriate;
(9) Sign all contracts, bonds, or other instruments requiring the assent of the County, except those which other officers are authorized by this title or by the County Council under this title, to sign;
(10) Administer oaths necessary or appropriate for the performance of the County Executive's duties;
(11) Prepare and submit to the County Council, and execute after adoption, the annual budget, capital program, and capital budget;
(12) Exercise such other powers and perform such other duties as may be prescribed by ordinance or by law.
9 Del. C. 1953, §  1116;  55 Del. Laws, c. 85, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter II. County Executive › § 1117. Performance of functions by contract.

§ 1117. Performance of functions by contract.
Whenever in this title any function or duty is assigned to any officer, department or board for performance, such officer, department or board may perform such function by contract to the extent authorized in writing by the County Executive.
9 Del. C. 1953, §  1117;  55 Del. Laws, c. 85, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter II. County Executive › § 1118. Civil defense.

§ 1118. Civil defense.
The County Executive shall by rule provide for the organization and performance of such civil defense functions as shall from time to time be performed by the County.
9 Del. C. 1953, §  1118;  55 Del. Laws, c. 85, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter II. County Executive › § 1119. Communications between County Executive and County Council.

§ 1119. Communications between County Executive and County Council.
The County Executive, orally or in writing, may present messages, information, and recommendations to the County Council.
9 Del. C. 1953, §  1119;  55 Del. Laws, c. 85, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter II. County Executive › § 1120. Power to appoint Chief Administrative Officer and Department Directors.

§ 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, the County Attorney, 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, on February 9, 2005, 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.
9 Del. C. 1953, §  1120;  55 Del. Laws, c. 85, §  1;  59 Del. Laws, c. 336, §  1;  71 Del. Laws, c. 401, §  17;  75 Del. Laws, c. 9, §  1;  83 Del. Laws, c. 132, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter II. County Executive › § 1121. Powers and duties of Chief Administrative Officer.

§ 1121. Powers and duties of Chief Administrative Officer.
(a) The Chief Administrative Officer shall assist the County Executive with duties and responsibilities and, subject to the policies and directives of the County Executive, shall have general supervision over the executive, administrative and operational departments of the County.
(b) The Chief Administrative Officer, on behalf of the County Executive, shall prepare the annual operating budget, capital program, and capital budget as provided by this chapter. The Chief Administrative Officer shall supervise the execution of the budgets and prepare reports and information concerning the status of the financial and other affairs of the County which will keep the County Executive, County Council and the public informed as to all offices, departments, and agencies receiving appropriations from the County Treasury.
9 Del. C. 1953, §  1121;  55 Del. Laws, c. 85, §  1;  71 Del. Laws, c. 401, §§  15, 18, 19;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter II. County Executive › § 1122. County executive restructuring power.

§ 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.
71 Del. Laws, c. 40, §  1;  71 Del. Laws, c. 401, §  20;  75 Del. Laws, c. 9, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter III. Budgeting › § 1125. Local service functions; New Castle County property tax rates in municipalities.

§ 1125. Local service functions; New Castle County property tax rates in municipalities.
(a) In determining the New Castle County property tax rate for real property in a municipality, New Castle County shall consider the degree that a local service function is fully or partially performed or financially supported by the municipality instead of New Castle County under § 1102 of this title.
(b) New Castle County shall establish a property tax rate for real property in a municipality based on the degree of any local service function fully or partially performed or financially supported by the municipality instead of New Castle County under § 1102 of this title.
(c) A property tax rate for real property in a municipality does not have to be either of the following:
(1) The same as a property tax rate for property located in other municipalities or in the unincorporated area of New Castle County.
(2) The same as a property tax rate set in a prior year.
(d) [Repealed.]
83 Del. Laws, c. 7, § 3;  83 Del. Laws, c. 7, § 10;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter III. Budgeting › § 1127. Local service functions; change in degree of performance; notice requirements.

§ 1127. Local service functions; change in degree of performance; notice requirements.
(a) By August 1 of each year, a municipality shall provide notice to New Castle County if the municipality intends to begin performing, stop performing, or change the degree of performance of a local service function, other than fire protection, during New Castle County's fiscal year beginning the following July 1.
(b) In the notice under subsection (a) of this section, the municipality shall state with specificity which of the following modifications the municipality intends to make to its performance of the local service function:
(1) Initiating performance.
(2) Ceasing performance.
(3) Changing the degree of performance.
(c) New Castle County may request, and the municipality must provide, additional information that may reasonably be needed to understand the municipality's proposed modification.
(d) (1) A municipality must initiate or cease performance of a local service function under § 1102(c) of this title.
(2) A municipality may change the degree of performance of a local service function that the municipality already performs by providing notice to New Castle County under subsection (a) of this section.
83 Del. Laws, c. 7, § 10;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter III. Budgeting › § 1129. Local service functions; Local Service Function Review Committee.

§ 1129. Local service functions; Local Service Function Review Committee.
(a) New Castle County shall create the Local Service Function Review Committee ( “Committee” ) for the purpose of conducting an annual review of this subpart of this subchapter. The Committee must complete the review no later than August 3.
(b) The Local Service Function Review Committee is comprised of the following representatives:
(1) The Chief Financial Officer, or a designee, who serves as chair.
(2) One member of County Council, selected by the County Council.
(3) Two members from municipal governments in New Castle County appointed by the County Council from a list of names provided by the Delaware League of Local Governments.
(4) One member who is a resident of New Castle County and who owns real property in the unincorporated area of New Castle County, appointed by the County Council.
(c) (1) The chair of the Committee must provide the Committee with administrative support, including the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports.
(2) a. A quorum of the Committee is a majority of its members.
b. Official action by the Committee requires the approval of a quorum of the Committee.
c. The Committee may adopt rules necessary for its operation and may create working subcommittees.
d. The chair of the Committee may invite individuals with relevant expertise to participate in the Committee's discussions.
(d) (1) The Committee shall include all of the following in the annual review under subsection (a):
a. The calculation procedure under § 1126 of this title.
b. The New Castle County service percentage or credit percentage process under § 1128 of this title.
c. Changes to the service functions that are eligible for an individual LSF tax rate under § 1128 of this title.
(2) The Committee's review must include a specific topic under paragraph (d)(1) of this section that is requested by a municipality before June 1 of the current year.
(e) The Local Service Function Review Committee must provide an annual report containing a summary of the review conducted under this section and any recommendations for improvements to all members of the County Council, each municipality in New Castle County, all members of the General Assembly who represent New Castle County, and the Division of Research by September 15 of each year.
83 Del. Laws, c. 7, § 9;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter III. Budgeting › § 1133. Administration and enforcement of the operating budget ordinance; adoption of operating budget; allocations and allotments; approval of allocations and allotments; revisions.

§ 1133. Administration and enforcement of the operating budget ordinance; adoption of operating budget; allocations and allotments; approval of allocations and allotments; revisions.
(a) The adoption of the operating budget ordinance is an appropriation of the sum specified in the budget for the purpose and from the funds indicated. The appropriation is valid only for the year for which it is made, and any part of an appropriation which is not encumbered or expended lapses at the end of the year.
(b) Following the adoption of the operating budget ordinance, the Chief Administrative Officer shall determine, with the approval of the County Executive, such allocation or allotment procedures as deemed appropriate for a proper administration of the budget. The head of each office, department, or board shall submit to the Chief Administrative Officer such work programs and requests for allocations and allotments as deemed appropriate for the most efficient and effective operation of each office, department or board.
(c) The approval of such allocations and allotments, in the amounts submitted or in amended amounts approved by the County Executive, shall constitute budgetary allocations and allotments which shall be binding upon such office, department, or board, and the Department of Administration shall not approve nor issue any requisition, purchase order, voucher, or check that is not in accordance with such allocation or allotment.
(d) The allocations and allotments provided in this section may be altered at the direction of the County Executive. The County Executive shall direct appropriate revisions in allocations and allotments to keep expenditures within the revenues received or anticipated.
9 Del. C. 1953, §  1133;  55 Del. Laws, c. 85, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §§  28-31;  83 Del. Laws, c. 7, § 4;  83 Del. Laws, c. 7, § 5;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter III. Budgeting › § 1135. Administration of the capital budget.

§ 1135. Administration of the capital budget.
The Chief Administrative Officer, under the supervision of the County Executive, shall be responsible for the administration of the capital budget as adopted by ordinance. The Chief Administrative Officer shall cause each office, department or board to take necessary action to provide for the prompt and efficient execution of the capital budget.
9 Del. C. 1953, §  1135;  55 Del. Laws, c. 85, §  1;  71 Del. Laws, c. 401, §  35;  83 Del. Laws, c. 7, § 4;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter III. Budgeting › § 1136. Fiscal year.

§ 1136. Fiscal year.
The fiscal year of the County shall commence on July 1 of each year and conclude upon June 30 of the following year.
9 Del. C. 1953, §  1136;  55 Del. Laws, c. 85, §  1;  83 Del. Laws, c. 7, § 4;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter III. Budgeting › § 1137. Encumbrance defined.

§ 1137. Encumbrance defined.
For the purpose of this subchapter, the term “encumbrance” shall mean a commitment for expenditure of an appropriation evidenced by a valid purchase order, similar document or process for the acquisition of supplies, material, work or services.
9 Del. C. 1953, §  1137;  55 Del. Laws, c. 85, §  1;  71 Del. Laws, c. 401, §  36;  83 Del. Laws, c. 7, § 4;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter III. Budgeting › § 1138. Budgets for grants.

§ 1138. Budgets for grants.
The County Council may accept federal, state, and private grant funds. The Chief Administrative Officer shall submit to the County Council a budget, which shall not be part of the General Operating Budget or of the Capital Budget, for the expenditure of each such grant. Approval of such a budget shall constitute an appropriation of the sum specified therein for the purpose indicated. Such appropriation shall be considered valid until the funds are expended. The Chief Administrative Officer under the supervision of the County Executive shall be responsible for the administration of grant budgets.
60 Del. Laws, c. 219, §  1;  71 Del. Laws, c. 401, §§  15, 37;  83 Del. Laws, c. 7, § 4;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1142. Qualifications.

§ 1142. Qualifications.
Elected officials of the County Council shall be citizens of the United States and qualified electors of the County. They shall be residents of the district from which they are elected or, in the event of redistricting, of the district as adjusted for at least 1 year prior to their election. Such officials must not be less than 24 years old when elected to office. The County Council shall be the judge of the qualifications of its members.
9 Del. C. 1953, §  1142;  55 Del. Laws, c. 85, §  1;  71 Del. Laws, c. 401, §§  15, 38;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1143. Prohibitions.

§ 1143. Prohibitions.
Except where authorized by law, no elected official of the County Council shall hold any other county office or employment with the County Council during the term for which such official was elected to the County Council. No former elected official shall hold any compensated appointed county office or employment until 1 year after the expiration of the term for which such official was elected to the County Council.
9 Del. C. 1953, §  1143;  55 Del. Laws, c. 85, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §§  15, 39;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1144. Salary.

§ 1144. Salary.
The annual salary of elected officials of County Council shall be $30,000 for the president of Council and $27,500 for the other members of Council and may be changed by ordinance or upon a recommendation by the New Castle County Compensation Commission which has been adopted and ordained by County Council, except that no increase shall be effective for any such official whose term will expire within 6 months from the time enactment of such ordinance. Such officials shall receive their actual and necessary expenses incurred in the performance of their duties of office.
9 Del. C. 1953, §  1144;  55 Del. Laws, c. 85, §  1;  57 Del. Laws, c. 264, §  5;  57 Del. Laws, c. 303, §  4;  59 Del. Laws, c. 458, §  1;  71 Del. Laws, c. 401, §  40;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1145. President of the County Council; President pro tempore.

§ 1145. President of the County Council; President pro tempore.
(a) At the general election on November 8, 1966, and each fourth year thereafter, a President of the County Council shall be elected at large from New Castle County, except that if such first general election is in a nonpresidential election year, then the President of the County Council thus elected shall serve a term of 2 years and thereafter shall be elected each fourth year in a presidential election year. The President of the County Council shall preside over meetings of the County Council and shall have the same rights and duties including the right to vote and speak therein as other members.
(b) The County Council shall elect by majority vote from among its members a President pro tempore of the county government who shall, during the absence of the President or a vacancy in the office, assume its rights and duties.
9 Del. C. 1953, §  1145;  55 Del. Laws, c. 85, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1146. Powers of County Council.

§ 1146. Powers of County Council.
All legislative powers of the County shall be vested in the County Council, except as otherwise provided by this title or other laws of this State, and the County Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the County by law.
9 Del. C. 1953, §  1146;  55 Del. Laws, c. 85, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1148. Clerk of County Council.

§ 1148. Clerk of County Council.
The County Council shall appoint a Clerk of County Council who shall keep the journal of its proceedings, and perform such other duties as are assigned to the Clerk by this title or by the County Council. The County Council may provide for employees to serve in the office of the Clerk of County Council.
9 Del. C. 1953, §  1148;  55 Del. Laws, c. 85, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1149. Investigations; refusal to obey; penalties.

§ 1149. Investigations; refusal to obey; penalties.
(a) The County Council may make investigations into the affairs of the County and the conduct of any county department, office or agency, and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of pertinent evidence of any kind. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the County Council shall be punishable in accordance with a schedule of fines and imprisonment established by the County Council. In no event shall a fine exceed $500 and an imprisonment shall not exceed 1 year.
(b) The Superior Court shall have exclusive original jurisdiction over offenses under this section.
9 Del. C. 1953, §  1149;  55 Del. Laws, c. 85, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1150. Procedure.

§ 1150. Procedure.
(a) The County Council shall meet regularly at least twice in each month; provided, however, that by vote of a majority of the members of Council, Council may adjourn for not more than 1-month vacation each calendar year. The place, dates and times of regular meetings and the places of special meetings shall be established by the County Council as a part of the rules of procedure adopted for the conduct of its meetings. Special meetings may be held on call of the President of County Council or of a majority of the members of the County Council in accordance with rules adopted as a part of the rules of procedure of the County Council. All meetings shall be public. Official county business transacted by the County Council shall be in the public meetings.
(b) The County Council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings which shall be a public record.
(c) Voting, except on procedural motions, shall be by alphabetical roll call and the ayes and nays shall be recorded in the journal. A majority of all members of the County Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner, and subject to the penalties, prescribed by the rules of the County Council. No action of the County Council, except as otherwise provided in this title, shall be valid or binding unless adopted with the concurrence of a majority of all the members of the County Council.
(d) Pursuant to the authority granted to the government of New Castle County in § 1101 of this title, the County Council may by ordinance impose upon itself a super-majority voting requirement in addition to any super-majority requirement imposed by state law.
9 Del. C. 1953, §  1150;  55 Del. Laws, c. 85, §  1;  60 Del. Laws, c. 131, §  1;  66 Del. Laws, c. 106, §  1;  71 Del. Laws, c. 401, §  15;  72 Del. Laws, c. 432, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1151. Action required by ordinance.

§ 1151. Action required by ordinance.
All actions of the County Council which shall have the force of law shall be by ordinance.
9 Del. C. 1953, §  1151;  55 Del. Laws, c. 85, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1153. Procedure for amendments to Zoning Code.

§ 1153. Procedure for amendments to Zoning Code.
(a) All amendments to the Zoning Code shall be by ordinance. Not more than 3 days after the introduction of an ordinance amending the Zoning Code, the County Council shall refer it to the Department of Land Use and the Planning Board for recommendation.
(b) Within 45 days the Department of Land Use and the Planning Board shall deliver its recommendation to the County Council who shall again publish the ordinance and establish a time and place at which a public hearing shall be held, provided that the County Council may by its rules and regulations require persons interested in the proposed ordinance to give it advance notice of intent to be heard thereupon. Upon the failure of the Department of Land Use and the Planning Board to deliver its recommendation to the County Council within 45 days, the County Council may proceed as provided in this subsection.
9 Del. C. 1953, §  1153;  55 Del. Laws, c. 85, §  1;  71 Del. Laws, c. 401, §§  15, 42;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1154. Procedure for adoption of official map.

§ 1154. Procedure for adoption of official map.
(a) At the time of the presentation of the proposed official map or amendments thereto, an ordinance shall be introduced into the County Council for adoption of such map or amendment thereto.
(b) Not less than 30 days prior to the adoption of the ordinance, the County Council shall have given notice to the owner of any property affected by any line of a proposed street or any change in the line of any existing street. Such notice shall be by registered mail to the owner of record at the owner's last known address and by publication in a newspaper of general circulation in the County.
(c) Prior to the adoption of the official map, the County Council shall advise the Department of Transportation of any proposed new street, or of the proposed change in the lines of any existing street. The County Council shall not proceed with the adoption of the ordinance until the Department has approved the proposed new street, or changes in the lines in existing streets, provided that the approval of the Department shall be presumed should the County Council have received no communication to the contrary within 30 days of submission of the proposed new street or change in the lines of existing streets, to the Department.
9 Del. C. 1953, §  1154;  55 Del. Laws, c. 85, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1157. Emergency ordinances.

§ 1157. Emergency ordinances.
To meet a public emergency affecting life, health, property or the public peace, the County Council may adopt emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money except to issue emergency notes as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least 5/7 of all of the members of the County Council in office prior to the first Tuesday following the 2004 general election and 1 0/1 3 of all the members of the County Council thereafter shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon its adoption or at such later time as it may specify. Every emergency ordinance, except 1 made for the issuance of emergency notes, shall automatically stand repealed as of the sixty-first day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
9 Del. C. 1953, §  1157;  55 Del. Laws, c. 85, §  1;  70 Del. Laws, c. 569, §  3;  71 Del. Laws, c. 198, §  9;  71 Del. Laws, c. 401, §  15;  72 Del. Laws, c. 414, §  3;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1158. Budget of revenues.

§ 1158. Budget of revenues.
(a) The County Council, at the meeting at which the annual operating budget ordinance is adopted, and within the limits of its power and subject to other provisions of this title, shall ordain such taxes and other revenue measures as will yield sufficient revenue, which, together with any available surplus, will balance the budget.
(b) The County Council shall estimate revenues only upon the basis of the cash receipts anticipated for the fiscal year.
(c) The County Executive shall certify the estimated yield from each item of revenue and of the amounts of surplus to be used in the balancing of the budget to the County Council.
(d) The annual operating budget ordinance is not effective until the County Council has adopted revenue measures which, together with the available surplus, are in the opinion of the County Executive, estimated to yield sums at least sufficient to balance the proposed appropriations. The Office of Finance may not approve any expenditure under any portion of an annual operating budget ordinance until such balancing shall have been provided.
(e) County Council, in the enactment of the annual revenue ordinance or other revenue measures, may not impose ad valorem taxation on real property within any municipality to pay the cost of New Castle County's performance or funding of any local service function in excess of the individual LSF tax rate or individual fire protection rate for that local service function.
(f) New Castle County may also impose ad valorem taxation on real property within any municipality as follows:
(1) In any instance where a municipality initiates the performance of a local service function without the consent of New Castle County under § 1102 of this title.
(2) For the cost of operation by the County of park and recreational facilities which are not local in nature and which serve the metropolitan area.
(3) To any municipality not expending funds in the previous fiscal year for the given local service function or not adequately performing the local service function.
(g) County Council, in the enactment of the annual revenue ordinance or in the enactment of other revenue measures, shall uniformly impose ad valorem taxation on real property within the County and pay the cost of the General Operating Budget.
9 Del. C. 1953, §  1158;  55 Del. Laws, c. 85, §  1;  71 Del. Laws, c. 401, §§  15, 46-49;  83 Del. Laws, c. 7, § 6;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1161. Authentication, recording, codification, and reproduction of ordinances.

§ 1161. Authentication, recording, codification, and reproduction of ordinances.
(a) The Clerk of County Council shall authenticate by signature, and record in full in a properly indexed book kept for the purpose, all ordinances and resolutions adopted by the County Council.
(b) Within 3 years after the commencement of the system of government provided in this chapter and at least every 10 years thereafter, the County Council shall provide for the preparation of a general codification of all county ordinances having the force and effect of continuing law. The general codification shall be adopted by the County Council by ordinance and shall be published promptly in bound or loose-leaf form, together with pertinent provisions of the Delaware Code and any amendments thereto, pertinent provisions of the Constitution and other laws of this State applicable to New Castle County, and such codes of technical regulations and other rules and regulations as the County Council may specify. This compilation shall be known and cited officially as the New Castle County Code. Copies of the County Code shall be furnished to county officers, departments and boards, placed in libraries and public offices for free public reference, and made available for purchase by other persons at a reasonable price fixed by the County Council.
(c) The County Council shall cause each ordinance having the force and effect of law, and each amendment to state law affecting the County, to be reproduced promptly following its adoption; and the reproduced ordinances, and the amendments to state law, shall be distributed or sold to any person at reasonable prices to be fixed by the County Council. Subsequent to the publication of the first New Castle County Code, the ordinances and the amendments to state law shall be printed or reproduced in substantially the same style as the County Code currently in effect and shall be suitable in form for integration therein. The County Council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in, or additions to, the provisions of the Constitution and other laws of this State or the codes of technical regulations included in the County Code.
9 Del. C. 1953, §  1161;  55 Del. Laws, c. 85, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1162. Adoption of pay plans.

§ 1162. Adoption of pay plans.
(a) All persons employed by the County or by any of its boards, whether as officers or otherwise, and paid either in part or in whole from appropriations made by the County Council, except those whose compensation is fixed by state law, shall be compensated only in accordance with pay plans adopted by the County Council.
(b) Not more than 15 days after receipt from the County Executive of any recommendation of measures for the establishment or amendment of a pay plan or portions thereof, the President of County Council shall introduce an ordinance for the adoption of such recommendations. Not later than 60 days after the receipt of such recommendations, the County Council shall adopt them as submitted or in such amended form as the County Council shall provide. Should the County Council fail to act upon such recommendations within such 60-day period, its approval shall be presumed and the recommended pay plan or amendment thereto shall become effective as recommended.
9 Del. C. 1953, §  1162;  55 Del. Laws, c. 85, §  1;  71 Del. Laws, c. 401, §§  15, 55;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1166. Election of County Executive and officials of the county governing body.

§ 1166. Election of County Executive and officials of the county governing body.
(a) County Executives shall serve a term of 4 years and shall be elected in even-numbered and presidential election years.
(b) The officials elected to district 13 shall serve a term of 4 years and shall be elected in even-numbered presidential election years.
(c) All citizens qualified by the Constitution and laws of the State to vote in the County, and who satisfy the requirements for registration prescribed by law, shall be qualified to vote for members of the County Council and for the County Executive.
(d) Except as otherwise provided by this chapter, the election laws of the State shall apply to elections held under this chapter. All elections provided for by this chapter shall be conducted by the election authorities authorized to hold elections under the election laws of the State.
(e) The nomination of persons to be candidates in the general elections for County Executive and officials of the county governing body shall be governed by the election laws of the State.
9 Del. C. 1953, §  1166;  55 Del. Laws, c. 85, §  1;  57 Del. Laws, c. 264, §§  9-11;  57 Del. Laws, c. 303, §§  8-10;  58 Del. Laws, c. 406, §§  1-4;  70 Del. Laws, c. 569, §  5;  71 Del. Laws, c. 198, §  10;  71 Del. Laws, c. 401, §  15;  72 Del. Laws, c. 414, §§  6, 7;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1167. Creation of departments and agencies.

§ 1167. Creation of departments and agencies.
The County Council, by ordinance, may establish departments, offices or agencies of the County in addition to those created by this title and may prescribe the functions of all departments, offices and agencies, except that no function prescribed by this title to a particular department, office or agency may be discontinued or assigned by the County Council to any other department, office or agency without the concurring approval of the County Executive.
9 Del. C. 1953, §  1167;  55 Del. Laws, c. 85, §  1;  59 Del. Laws, c. 414, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1168. Vesting of slum clearance and housing authorities' powers in county departments.

§ 1168. Vesting of slum clearance and housing authorities' powers in county departments.
All of the powers of a slum clearance and redevelopment authority which now or hereafter shall be authorized under Chapter 45 of Title 31 and all of the powers of a housing authority which are now or hereafter shall be authorized under Chapter 43 of Title 31 may be vested by ordinance of New Castle County in such department or departments of the County Council as County Council may determine and County Council may delegate to a department director or directors the authority to execute contracts, deeds, leases, mortgages and other instruments necessary to carry out the aforesaid powers.
60 Del. Laws, c. 34, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter IV. County Council › § 1169. Initial council meeting.

§ 1169. Initial council meeting.
Except in the case of an emergency declared by the Governor, the county governing body shall not meet between the general election day and the following Tuesday when the newly elected officials shall take office.
70 Del. Laws, c. 568, §  3;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter V. General Provisions › § 1181. Bonding of officers and employees.

§ 1181. Bonding of officers and employees.
(a) Prior to the entry of any officers of the County upon the duties of their offices, the Office of Law shall procure at the expense of the County, corporate surety bonds, conditioned for the faithful performance of their respective duties in such penal sums as shall be fixed by the County Council, but the amount shall not in any case be less than $15,000.
(b) Within 6 months of the organization of the Office of Law, the County Attorney shall recommend through the County Executive to the County Council, the amounts in which fidelity bonds shall be procured for the faithful performance of duties of all officers and employees of the County Council, either generally or by categories. In the performance of this responsibility, the Office of Law may recommend blanket bonds covering individual fidelity or may recommend comprehensive coverage for all, or for groups of employees, on an occurrence basis.
9 Del. C. 1953, §  1181;  55 Del. Laws, c. 85, §  1;  71 Del. Laws, c. 401, §§  15, 58;