SPONSOR: |
Rep. Baumbach & Sen. Sokola |
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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. |
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This Act removes from the Delaware Code a transitional provision that is no longer applicable to any individual in New Castle County government.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. |