Chapter 11

§ 1101 General powers. (a) Granted. — The Government of New Castle County as established by this chapter shall assume and have all powers which, under the Constitution of this State, it would be competent for the General Assembly to grant by specific enumeration, and which are not denied by statute, including, but not limited to, any powers conferred prior to May 26, 1965, by the General Assembly upon New Castle County, or upon the Levy Court of New Castle County, or upon the Levy Court Commissioners of New Castle County, or upon the officers or employees of New Castle County, or upon counties generally, or upon Levy Court Commissioners generally. This grant of power includes the power to fix the tax rate upon the assessed valuation of all real property in New Castle County subject to assessment by the County. This grant of power further includes the power to fix the fees of the Recorder of Deeds in New Castle County for services, any statute denying such right to the contrary notwithstanding. This grant of power further includes the power to impose a surcharge on any application for a building permit issued by New Castle County in an amount not to exceed .5% of the residential construction value and of the first million dollars of commercial construction value applicable to said building permit application, to provide funding for volunteer fire companies except that this surcharge shall not be added to building permits applied for by an organization exempt from tax under § 501(c)(3) of the federal Internal Revenue Code [26 U.S.C. § 501(c)(3)] which provides owner-occupied housing to low and moderate income households by rehabilitating residential properties and reselling said properties without profit, nor to the Delaware State Housing Authority nor to any applicant funded by the Delaware State Housing Authority. This grant of power does not include the power to enact private or civil law concerning civil relationships, except as incident to the exercise of an expressly granted power, and does not include the power to define and provide for the punishment of felonies. This grant of power shall also include the power to impose and collect by ordinance a tax upon the transfer of real property situate within the unincorporated areas of the County, subject to the conditions and limitations provided in § 8102 of this title. (b) Construction. — The powers of New Castle County shall be construed liberally in favor of the County, and specific mention of particular powers in this title shall not be construed as limiting in any way the general powers stated herein. 9 Del. C. 1953, §  1101; 55 Del. Laws, c. 85, §  1 ; 57 Del. Laws, c. 768, §  1 ; 67 Del. Laws, c. 415, §  2 ; 71 Del. Laws, c. 400, §  1 ; 77 Del. Laws, c. 268, §  1 ; § 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. 911 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 ; 84 Del. Laws, c. 514, § 9 ; § 1102 Local service functions; subcategories; responsibility for performance. (a) New Castle County may divide a local service function into subcategories on forms used under § 1128 of this title. A subcategory of a local service function constitutes a local service function. (b) The responsibility for all or part of a local service function in a municipality is established as set forth under the approved budget enacted for fiscal year 2023 under § 1155 of this title, or by the later of any of the following: (1) A municipality provides timely notice of a change in degree of performance of a local service function to New Castle County under § 1127(d)(2) of this title. (2) New Castle County and a municipality enact ordinances transferring responsibility for performance of a local service function under subsection (c) of this section. (3) A service performed by a municipality is classified as a local service function under subsection (d) of this section. (4) A new local service function is established under § 1128 of this title. (c) (1) Responsibility for the performance or funding of a local service function may be transferred between New Castle County and a municipality by concurring affirmative action in the form of an ordinance enacted by the County Council of New Castle County and of the governing body of the municipality. (2) The ordinances transferring a local service function under paragraph (c)(1) of this section must state all of the following: a. The nature of the local service function transferred. b. The effective date of the transfer. c. The manner in which affected employees engaged in the performance of the local service function will be transferred, reassigned, or otherwise treated. d. The manner in which real property, facilities, equipment, or other personal property required in the exercise of the local service function will be transferred, sold, or otherwise treated. e. The method of financing to be used in the exercise of the local service function received. f. Other legal, financial, and administrative arrangements necessary to effect transfer of the local service function in an orderly and equitable manner. (d) (1) If a municipality is performing a service that is included in the New Castle County general operating budget, the municipality may request that the service be classified as a local service function in the next fiscal year by providing a notice to New Castle County by August 1 that states all of the following: a. The service that is included in the New Castle County general operating budget. b. The degree of performance. c. The date municipality began performing the service. (2) New Castle County may request, and the municipality must provide, additional information that may reasonably be needed to determine the degree of performance of the service by the municipality. (3) By November 1, New Castle County shall notify the municipality of New Castle County’s determination regarding the municipality’s request under paragraph (d)(1) of this section. (4) If a municipality is unable to reach agreement with New Castle County regarding the municipality’s request under paragraph (d)(1) of this section, the municipality may demand arbitration under the procedure in § 1128(d) of this title. (e) [Repealed.] 9 Del. C. 1953, §  1102; 55 Del. Laws, c. 85, §  1 ; 71 Del. Laws, c. 401, §  15 ; 82 Del. Laws, c. 233, § 1 ; 83 Del. Laws, c. 7, § 10 ; § 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 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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 ; § 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 ; § 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 ; § 1114 Vacancy in office. (a) If a vacancy occurs in the office of County Executive by reason of death, resignation, removal from office, or other cause, the Governor shall appoint an acting County Executive to serve until the vacancy is filled as a result of an election. The person appointed by the Governor to be acting County Executive shall meet all eligibility requirements to be a candidate for that office. (b) Whenever a vacancy in the office of County Executive occurs for any reason, within 10 days following the creation of the vacancy, the President of County Council shall deliver to the Department of Elections for New Castle County a writ of election reporting the existence of the vacancy and requesting that a special election be scheduled to fill the same. (c) On the next day after receiving a writ of election, unless the same shall be Saturday, Sunday, or a legal holiday, and then on the next business day following, the Department of Elections for New Castle County shall post a proclamation reciting the writ and appointing a day for holding a special election, at the following locations: (1) On the outside of the door of the New Castle County Courthouse; (2) On the Internet; and (3) In at least 5 public places in New Castle County. (d) (1) If the Department of Elections for New Castle County receives a writ of election reporting the existence of a vacancy in the office of County Executive then, no more than 45 days after posting said proclamation pursuant to subsection (c) of this section, it shall hold a special election to fill such vacancy; provided, however that: a. If the special election to fill the vacancy must be scheduled pursuant to this section within the 45 days immediately following another special election, the special election to fill the vacancy shall be held on the forty-fifth day following the previous special election; and b. If the special election to fill the vacancy must be scheduled pursuant to this section on a Saturday, Sunday or legal holiday, said special election shall be held on the first business day thereafter. (2) Notwithstanding paragraph (d)(1) of this section: a. In the year of a general election, if a vacancy occurs in the office of County Executive on or after June 1 but before August 20 of that year, the special election to fill such vacancy shall be held that year on the day of the general election; b. In the year of a general election in which the office of County Executive is not on the general election ballot, if a vacancy occurs in the office of County Executive on or after August 20 of that year but before the date of the general election, the special election to fill such vacancy shall be held that year on the forty-fifth day following the general election, or within 1 week thereafter. (e) Any political party eligible to have a candidate listed on a ballot in the most recent general election preceding the creation of the vacancy may select a candidate to be listed on the ballot for the special election. Candidate names must be received by the Department of Elections for New Castle County no more than 10 days following the date on which the Department posts its proclamation reciting the writ of election and appointing a day for holding a special election. The candidate for a political party shall be selected by the county chair of that party, or in the event that a county chair does not exist, then by the party’s state chair. (f) To the greatest extent feasible, the Department of Elections for New Castle County will use the same polling places as used in a general election; provided, however, that the department may require voters from multiple election districts to use a single polling place and, in the event a normal polling place is not available to be used on the day of the special election, may use as polling places buildings which are not normally used as polling places. (g) The Department of Elections for New Castle County will appoint election officers as necessary to conduct the special election. (h) Except as provided in this section, special elections conducted to fill a vacancy in the office of County Executive shall be provided for, opened, held, conducted and closed and the result thereof ascertained and certified in the same manner and subject to the same laws, as far as the same may be applicable, as are prescribed for the general election; provided, however, that the provisions of § 4980(b) of Title 15 shall not apply to any special election held pursuant to this section, nor shall that section interfere with the conduct of a special election held pursuant to this section. Ballots for any special election conducted on the date of a general election pursuant to this section shall be merged with the general election ballots for that date and the 2 elections shall be conducted as a single, general election. (i) The Superior Court for New Castle County, as constituted under article V, § 6 of the Delaware Constitution, shall at 10 a.m. on the second day after a special election conducted in accordance with this section convene and perform its duties prescribed by the Delaware Constitution with reference to the special election, at the same place, with the same powers and in the same manner as for a general election. If the second day after a special election is a Saturday, Sunday or legal holiday, the canvass of the special election shall commence at 10 a.m. on the first business day thereafter. (j) A candidate elected pursuant to this section shall immediately upon certification of election take office and shall serve until the expiration of the term. (k) Unless otherwise provided by the laws of this State, all necessary costs and expenses, including the compensation of election officers, incurred in carrying into effect a special election pursuant to this section, except those that have merged with the general election pursuant to subsection (d) of this section, shall be paid by New Castle County. 9 Del. C. 1953, §  1114; 55 Del. Laws, c. 85, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 401, §  15 ; 81 Del. Laws, c. 239, § 1 ; § 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 ; § 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 ; § 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 ; § 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 ; § 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 ; § 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 ; § 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 ; § 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 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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 ; § 1126 Local service functions; calculation of net county LSF cost and individual LSF tax rates. (a) New Castle County shall calculate the net county LSF cost for each local service function. The “net county LSF cost” equals the amount in the New Castle County budget for the local service function for the next fiscal year. The “net county LSF cost” is the amount of direct and indirect costs applicable to that local service function, and excludes service charges, grants, or other revenue or funds that New Castle County directly attributes or otherwise apportions to that local service function. (b) Except as provided for fire protection under subsection (c) of this section, New Castle County shall convert the net county LSF cost for each local service function into a real property tax rate for each municipality and the unincorporated area by calculating each of the following for each municipality and the unincorporated area: (1) The “share of New Castle County assessment”, which equals the taxable assessed value of all real property within a municipality or the unincorporated area divided by the aggregate taxable assessed value for all real property in the County. (2) The “New Castle County service percentage” for a municipality, as determined under § 1102 of this title. (3) The “weighted service share”, which equals a municipality’s or the unincorporated area’s share of New Castle County assessment multiplied by the municipality’s or the unincorporated area’s New Castle County service percentage. (4) The “total weighted service amount”, which equals the sum of all weighted service shares. (5) The “final service weight”, which equals a municipality’s or the unincorporated area’s weighted service share divided by the total weighted service amount. (6) The “apportioned net LSF cost”, which equals the municipality’s or the unincorporated area’s final service weight multiplied by the net county LSF cost. (7) The “individual LSF tax rate”, which equals the municipality’s or the unincorporated area’s apportioned net LSF cost divided by the taxable assessed value of all real property in the respective municipality or the unincorporated area, adjusted to reflect New Castle County’s estimated level of cash receipts. (c) For fire protection that is partially financially supported but not directly provided by New Castle County and that is also partially financially supported but not directly provided by a municipality, New Castle County shall convert the net county LSF cost into a real property tax rate for each municipality and the unincorporated area that does not directly provide fire protection by calculating all of the following for each municipality and the unincorporated area: (1) The “service area share”, which equals the taxable assessed value of real property within the municipality or the unincorporated area not directly providing fire protection divided by the sum of the taxable assessed value for all real property in the unincorporated area and all municipalities not directly providing fire protection. (2) The “apportioned gross amount”, which equals the service area share multiplied by the net county LSF cost for fire protection. (3) The “net New Castle County fire protection cost”, which is New Castle County’s contribution of funds or in-kind services to volunteer fire companies within New Castle County, increased by indirect costs applicable to fire protection and decreased by service charges, grants, or other revenue that New Castle County directly attributes or otherwise apportions to fire protection. (4) The “credit percentage”, which equals the municipality’s actual direct contribution of funds or in-kind contributions of goods or services to a volunteer fire company in the previous year, divided by the municipality’s apportioned gross amount. The “credit percentage” may not exceed 100%. The “credit percentage” is 0% for the unincorporated area. (5) The “New Castle County fire protection percentage”, which equals 100% minus the municipality’s credit percentage. The “New Castle County fire protection percentage” for the unincorporated area is 100%. (6) The “weighted service share”, which equals the municipality’s or the unincorporated area’s service area share multiplied by the municipality’s or the unincorporated area’s New Castle County fire protection percentage. (7) The “total weighted service amount”, which equals the sum of the weighted service shares. (8) The “final service weight”, which equals the municipality’s or the unincorporated area’s weighted service share divided by the total weighted service amount. (9) The “apportioned net LSF cost”, which equals the final service weight multiplied by the net county LSF cost for fire protection. (10) The “individual fire protection tax rate” which equals the municipality’s or the unincorporated area’s apportioned net fire protection cost divided by the taxable assessed value of real property in the respective municipality or the unincorporated area, adjusted to reflect New Castle County’s estimated level of cash receipts. (d) New Castle County shall adopt policies and procedures to implement this section. 83 Del. Laws, c. 7, § 3 ; 83 Del. Laws, c. 7, § 10 ; § 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 ; § 1128 Local service functions; determining the New Castle County service percentage and credit percentage. (a) (1) [Repealed.] (2) By July 1 of each year, 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 September 1 of each year, a municipality shall submit its application and supporting documentation to New Castle County if the municipality is requesting that New Castle County recognize either of the following: 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. b. In the case of fire protection that a municipality does not provide directly, the municipality’s contribution of funds or in-kind contributions of goods and services to a volunteer fire company. (2) 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 November 1 of each year, 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 and 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 determination under this paragraph (c)(1) is subject to negotiation between New Castle County and the municipality. (2) [Repealed.] (d) (1) a. By December 1 of each year, a municipality that is unable to reach agreement with New Castle County regarding the New Castle County service percentage for a local service function or individual fire protection tax rate under paragraph (c)(1) 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)(2) of this section. If the municipality does not provide such notice by by December 1, New Castle County’s determination is final and may not be appealed. b. [Repealed.] (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 December 10, the County Executive shall designate a member. c. By December 20, 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 December 20, the third arbitration panel member is the Chair of the New Castle County Financial Advisory Council or the Chair’s designee. d. The 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. (3) The arbitration hearing must occur by January 31. At the hearing, New Castle County and the municipality may present testimony, evidence, and oral argument as to the matters in dispute. (4) [Repealed.] (5) An arbitration panel shall issue its decision by February 15. 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) [Repealed.] 83 Del. Laws, c. 7, § 3 ; 83 Del. Laws, c. 7, § 10 ; § 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 Director and the Librarian of the Division of Legislative Services by September 15 of each year. 83 Del. Laws, c. 7, § 9 ; 84 Del. Laws, c. 255, § 5 ; Part II Budgeting 83 Del. Laws, c. 7, § 4 ; § 1131 Separate budgeting for local service functions performed by the County. (a) The Chief Administrative Officer and the County Executive, in the preparation of the annual operating budget, shall divide and segregate in a separate budget, entitled Local Service Function Budget, all appropriations for the performance or funding of local service functions by New Castle County within the municipalities and the unincorporated area. The Chief Administrative Officer and the County Executive, in the preparation of the Local Service Function Budget, shall specify separately the total appropriation required for the performance or funding of each local service function by New Castle County. (b) The County Executive shall submit to the County Council a proposed revenue ordinance which will achieve sufficient revenues to balance the total operating budget, including the Local Service Function Budget. The County Executive in the preparation of the proposed revenue ordinance may not, and the County Council and the County Executive in the enactment of the annual revenue ordinance 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. (c) The County Executive’s proposed budget presented to the County Council shall include tables providing all of the following information: (1) The calculation of the proposed individual LSF tax rate and individual fire protection tax rate for each local service function for each municipality and the unincorporated area. (2) The proposed aggregate of the individual LSF tax rates and individual fire protection tax rates for each municipality and the unincorporated area. (d) 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. (e) The Chief Administrative Officer and the County Executive, in the preparation of the annual operating budget, shall divide and segregate in a separate budget entitled General Operating Budget all appropriations not properly allocable to the Local Service Function Budget or other operating budget fund. The County Council, in estimating the revenues which will be necessary for the payment of these appropriations, shall include the estimated revenues to be derived from county-wide ad valorem taxation of real property. (f) The County Executive in the preparation of the proposed revenue ordinance, and the County Council and the County Executive in the enactment of the annual revenue ordinance, shall uniformly impose ad valorem taxation on real property within the County to pay the cost of the General Operating Budget. 9 Del. C. 1953, §  1131; 55 Del. Laws, c. 85, §  1 ; 71 Del. Laws, c. 401, §§  15, 21-24 ; 83 Del. Laws, c. 7, § 4 ; 83 Del. Laws, c. 7, § 5 ; § 1132 Preparation of the annual operating budget; distribution of budget requests; completed forms; preliminary budget; preliminary budget hearings; operating budget; distribution of operating budget. (a) The Chief Administrative Officer shall annually, not later than January 1, distribute budget request forms to the County Council and for each office, department, board, or agency which is receiving or seeking to receive an appropriation from the County Council payable from any operating fund of the County. (b) County Council and the heads of all offices, departments, boards or agencies shall enter upon the budget request forms requests for appropriations for the ensuing year and such supporting information as the Chief Administrative Officer shall have specified. The Chief Administrative Officer shall establish deadlines for the presentation of completed forms by such time and in such manner as necessary for the timely preparation and presentation of the annual operating budget. (c) The Chief Administrative Officer shall prepare a preliminary budget for the consideration of the County Executive. The preliminary budget shall include all budget requests, the recommendations of the Chief Administrative Officer with respect to each request, an estimate of the receipts from each source of revenue, and a statement of the total estimated income and the total recommended expenditures for each operating fund. (d) The County Executive shall review the preliminary budget and may hold hearings thereupon at which the head of all offices, departments or boards may be given an opportunity to be heard with respect to their requests. The Chief Administrative Officer shall thereupon prepare the operating budget as directed by the County Executive. The operating budget shall be presented to the County Council by the County Executive, together with a budget message outlining the County Executive’s reasons for the requested appropriations, and shall be accompanied by proposed revenue and operating budget ordinances to give effect to the budget as presented. If the estimated revenue from existing sources is deemed by the County Executive to be insufficient to balance the budget, the County Executive shall recommend revenues sufficient to achieve a balanced budget. (e) The proposed ordinance for the operating budget shall provide appropriations in a lump sum under the following classes for each office, department, or board to which appropriations are made: (1) Personal services of officers and employees; (2) Contractual services; (3) Training; (4) Communications and utilities; (5) Materials and supplies; (6) Equipment; (7) Grants and fixed charges; (8) Debt services; (9) Such other general classes as the County Executive or the County Council may annually establish. (f) The operating budget and the proposed revenue and operating budget ordinances shall be submitted to the County Council not later than April 1. Sufficient copies of the operating budget shall be supplied by the County Executive to the Clerk of the County Council for distribution to members of the County Council and to interested citizens. 9 Del. C. 1953, §  1132; 55 Del. Laws, c. 85, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 401, §§  15, 25-27 ; 83 Del. Laws, c. 7, § 4 ; § 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 ; § 1134 Preparation of the capital program and the capital budget; preparation by Chief Administrative Officer; recommendation by County Executive; action by County Council. (a) The Chief Administrative Officer shall annually prepare a capital program and a capital budget under the direction of the County Executive. In the course of the preparation of the capital program, the Chief Administrative Officer shall confer with the Department of Land Use to ascertain that the proposed capital program is in accordance with the comprehensive development plan prepared by the Department of Land Use. (b) No later than April 1 of each year, the County Executive shall recommend to the County Council, a capital program for the ensuing 6 years and a capital budget for the ensuing year. Not later than the date that the program is submitted to County Council, the County Executive shall submit the capital program to the Department of Land Use for its review and recommendations to County Council. The County Executive shall also submit the capital program to the Planning Board for the sole purpose of determining if it is in accordance with the comprehensive development plan. (c) The proposed capital program, and the proposed capital budget, must have the content and be in the form necessary to enable the County Council to take action as required under § 1159 of this title. (d) (1) The County Executive, in the preparation of the capital budget, may not include in the revenue estimates any estimated revenues to be derived from ad valorem taxation of real property within a municipality for any capital appropriation including debt service which is related to the performance or funding by the County of a local service function in excess of the individual LSF tax rate or individual fire protection rate for that local service function. (2) The County Council, in the adoption of the capital budget by ordinance, may not impose ad valorem taxation on real property within a municipality for the payment of the cost of any capital appropriation, including debt service, which is related to the performance or funding by the County of a local service function in excess of the individual LSF tax rate or individual fire protection rate for that local service function. (3) The provisions of this subsection are not applicable to capital appropriations, including debt service, for the acquisition by the County of park and recreational facilities which are not local in nature and which serve the metropolitan area. (e) The County Executive and the County Council, in the adoption of a capital budget by ordinance, shall uniformly impose ad valorem taxation on real property within the County for the payment of the cost of any capital appropriation, including debt service, except for costs related to the performance or funding by the County of a local service function in excess of the individual LSF tax rate or individual fire protection rate for that local service function. 9 Del. C. 1953, §  1134; 55 Del. Laws, c. 85, §  1 ; 71 Del. Laws, c. 401, §§  15, 32-34 ; 83 Del. Laws, c. 7, § 4 ; 83 Del. Laws, c. 7, § 5 ; § 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 ; § 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 ; § 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 ; § 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 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 1141 Number and term. (a) For any general or special election prior to and including the general election of 2002, the County Council shall consist of 7 members. Six of these members shall be elected from council districts. The seventh member shall be elected at large from New Castle County and shall serve as President of County Council. (b) Notwithstanding any law to the contrary, except for the President of County Council, the terms of officials of the county governing body elected in the 1998 general election and any special election held after the 1998 general election but prior to the 2002 general election shall terminate on the first Wednesday in November following the 2002 general election. Notwithstanding any law to the contrary, the terms of the officials of the county governing body elected in the 2002 general election and any special election held following the 2002 general election to fill a vacancy in a seat elected in the 2002 general election shall terminate on the first Wednesday in November following the 2006 general election. The President of County Council shall always be elected in the presidential election year. (c) Notwithstanding any law to the contrary, following the 2002 general election, and to become effective with the 2004 general election and all subsequent elections, the County Council shall consist of 13 members. Twelve of these members shall be elected from council districts. The thirteenth member shall be elected at large from New Castle County and shall serve as the President of the County Council. (d) Notwithstanding any law to the contrary, for the 2004 general election, the County Council shall reapportion the county into 12 council districts. This reapportionment shall split each existing council district into 2 districts or as close thereto as is possible pursuant to the terms of § 1165 of this title. This reapportionment shall further be conducted in the manner specified in § 1165 of this title using the 2000 United States Decennial Census. This reapportionment shall be completed on or before January 1, 2004. The 6 members elected in the 2002 general election shall continue to hold office, until their terms expire pursuant to subsection (b) of this section. Six additional members shall be elected from the districts newly created pursuant to § 1165 of this title. Notwithstanding any law to the contrary, the terms of the officials of the county governing body elected in the 2004 general election and any special election held thereafter to fill a vacancy in a seat elected in the 2004 general election, shall terminate on the 1st Wednesday in November following the 2008 general election. (e) An elected official shall take office on the first Wednesday in November following the general election. 9 Del. C. 1953, §  1141; 55 Del. Laws, c. 85, §  1 ; 57 Del. Laws, c. 264, §§  1-4 ; 57 Del. Laws, c. 303, §§  1-3 ; 70 Del. Laws, c. 568, §  1 ; 70 Del. Laws, c. 569, §  1 ; 71 Del. Laws, c. 172, §  1 ; 71 Del. Laws, c. 198, §§  1, 4-7, 11, 12 ; 71 Del. Laws, c. 401, §  15 ; 72 Del. Laws, c. 414, §  1 ; 73 Del. Laws, c. 30, §§  1, 4 ; § 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 ; § 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 ; § 1144 Salary. The annual salary of elected officials of County Council shall be $30