Introduced by: Mr. Smiley Date of introduction: November 20, 2018 RESOLUTION NO. 18-189 NEW CASTLE COUNTY COUNCIL REQUESTS THAT THE DELAWARE GENERAL ASSEMBLY AMEND DELAWARE CODE TITLE 9, SECTIONS 334(b), 1141 AND 1145 IN RELATION TO THE OFFICE OF NEW CASTLE COUNTY COUNCIL PRESIDENT WHEREAS, numerous legislative bodies in the State of Delaware and nationwide elect their leadership by majority vote from among its members; and WHEREAS, the legislative bodies in Delaware that elect their body's leadership from among their members include the Delaware General Assembly, Kent County Levy Court, Sussex County Council, Clayton, Dover, Elsmere, Fenwick Island, and Frankford, among others; and WHEREAS, the leadership of New Castle County Council (“County Council”) is comprised of the President and President Pro Tempore, but currently only the President Pro ‘Tempore is elected by majority vote of County Council members (pursuant to 9 Del. C. Sec. 1145); and WHEREAS, in contrast to New Castle County Council, the Presidents of both Kent County Levy Court and Sussex County Council are elected by majority vote from among the members of each Council (pursuant to 9 Del. C. Sec. 334); and WHEREAS, County Council believes it is in the best interests of the County Couneil and the public if the position of the President of New Castle County Council was elected from among, the 13 Council members, with such election to be held every two years and during the first ‘committee meeting in January; and WHEREAS, there would be no disruption to constituent services or New Castle County operations if the position of Council President was changed to an at-large Council seat; and WHEREAS, itis in the best interests of the County Council and its constituency that all County Council leadership positions are elected based upon a consistent intemal process, by majority vote of County Council, and consistent with the process employed by many legislative bodies in Delaware, including its two sister Counties. NOW, THEREFORE, BE IT RESOLVED, by and for the County Council of New Castle County that County Council hereby requests that the Delaware General Assembly amend Title 9 of the Delaware Code, Sections 334(b), 1141, and 1145 consistent with the above and thereby provide that the office of a County-wide elected New Castle County Council President be replaced with a County-wide elected at-large thirteenth member of County Council. NOW, THEREFORE, BE IT FURTHER RESOLVED, that, consistent with the above request, County Council desires that the position of Council President be filled by a duly-elected member of New Castle County Council who receives a majority vote of the members thereofuring the first committee meeting in January and shall be for a two-year term, unless otherwise determined by a majority of Council members. The Council member elected as President of New Castle County Council shall continue to perform their duties as a District Councilperson in addition to those duties assigned to the Office of Council President; furthermore, in compliance with Delaware law, County Council requests that the proposed change take effect upon the conclusion of the current term in 2020 or upon the Office of Council President becoming vacant, whichever occurs first. Adopted by Council of ‘New Castle County on: President of Council of New Castle County SYNOPSIS: The proposed amendment, if enacted by the Delaware General Assembly, would provide consistency to the process by which New Castle County Council elects its leadership positions; the amendment would provide consistency internally - providing for both the President and President Pro Tempore to be elected by a majority vote of Council members - as well as provide consistency with the manner in which leadership positions are elected by many legislative bodies in Delaware, including the Delaware General Assembly and New Castle County’s sister Counties, Kent County and Sussex County, among others. In sum, the proposed amendment would change the thirteenth member of New Castle County Council from # county-wide elected position of Council President to a county-wide position of an at-large member of Council. The position of Council President would be filled by a member of ‘Council elected for a two year term by a majority of Council members, consistent with the manner in which County Council presently fills the position of President Pro Tempore and consistent with many other legislative bodies in Delaware. In compliance with State law, the proposed change would take effect at the conclusion of the current term in 2020 or upon the position of Council President becoming vacant, whichever occurs first. FISCAL NOTE: There is no discernible fiscal impact.