Bill Text: DE HB370 | 2015-2016 | 148th General Assembly | Draft


Bill Title: An Act To Amend Title 9 Of The Delaware Code Relating To The New Castle County County Executive's Power To Appoint The Chief Administrative Officer And Department Directors.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-06-14 - Amendment HA 1 - Introduced and Placed With Bill [HB370 Detail]

Download: Delaware-2015-HB370-Draft.html


SPONSOR:

Rep. Baumbach & Sen. Sokola

 

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 370

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE NEW CASTLE COUNTY COUNTY EXECUTIVE'S POWER TO APPOINT THE CHIEF ADMINISTRATIVE OFFICER AND DEPARTMENT DIRECTORS.


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


Section 1. Amend §1120, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§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, 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. If the County Executive appoints an individual who is employed by the County in the classified service to serve in a position under this section, the County Executive must notify, in writing, the individual of the effect of leaving the classified service for the unclassified service and provide the individual with a reasonable amount of time to refuse the appointment and remain in the classified service.


SYNOPSIS

This Act removes from the Delaware Code a transitional provision that is no longer applicable to any individual in New Castle County government. In its place, in cases where the County Executive appoints an individual who is employed by the County in the classified service to serve in a position under §1120 of Title 9, this Act requires the County Executive to inform the individual in writing of the effect of leaving the classified service for the unclassified service and to provide the individual with time to consider the appointment before terminating the individual's classified service.

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