Ordinance - 'Removal of Appointees'

'Removal of Appointees' Ordinance Adopted on 4/25/2023 

Ordinance Draft:

AN ORDINANCE TO ADD A NEW CHAPTER (CHAPTER 30) TO THE COUNTY CODE TITLED “REMOVAL PROCEDURES FOR MEMBERS OF APPOINTED BOARDS, COMMISSIONS, AND ADVISORY COMMITTEES”.

§ 30-1. Statutory Authority.

This ordinance is adopted pursuant to the State’s general grant of power to Sussex County under 9 Del. C. § 7001 and the vesting of that power in Sussex County’s County Council under 9 Del. C. §§ 7002 The title of this chapter will be “Removal Procedures for Members of Appointed Boards, Commissions, Advisory Committees.”

§ 30-2. Purpose.

This ordinance is adopted for the purposes for establishing removal procedures for members of appointed boards, commissions and advisory committees as those individuals are presently exempted from the County’s personnel rules under Sussex County Code § 29-3(A)(1)(b).

§ 30-3. Service at the Pleasure of Council.

A. Notwithstanding any other provision of this Code, all members of appointed boards, commissions and advisory committees serve at the pleasure of County Council and may be removed prior to the expiration of their terms upon a hearing and an affirmative majority vote by County Council. The hearing may be private or, at the member’s request, open to the public.

B. If a board, commission, or advisory-committee member is removed pursuant to § 30-3(A), they will be ineligible for renomination to the same board, commission, or advisory committee for the duration of the then-existing term.

C. If a board, commission, or advisory-committee member is removed pursuant to § 30-3(A), a successor will be chosen to serve the remainder of the removed member’s term. The successor will be chosen according to the existing selection procedures for the relevant board, commission, or advisory committee. 

Sussex2030 Public Comments - as published in local newspapers in March 2023.

We write in support of the subject's proposed Ordinance introduced during a meeting of the County Council on March 7, 2023.

We are in complete agreement with the Council attorney’s statement introducing the Ordinance insomuch as the proposed Ordinance is intended to clarify the Council’s authority to remove appointed officials prior to the expiration of their term, if any, and provides the procedure therefor. Moreover, the proposed Ordinance is consistent with the general rule that the power to appoint officials of a municipal corporation carries with it the power of removal of such officials at the municipality’s pleasure unless the power of removal is restricted by statutory law (durante bene placito).

Government accountability is about maintaining trust between the government and its citizens and is one of the hallmarks of good government. This proposed Ordinance will assist the Council in fulfilling its obligations to properly oversee the performance of the officials it appoints, ensure good customer service and act appropriately to remove an appointed official when the official acts unethically, breaches their fiduciary duty, or otherwise fails to meet minimal performance or professional standards.

Other Related Matters

Public Participation in Recommending and Evaluating Candidates to Consider for Appointment to Boards, Commissions, and Advisory Committees

Recruiting and selecting candidates for appointment to the County’s appointed boards, commissions, and advisory boards is probably one of the most important responsibilities of the County Council. Politics and the political party of the candidate, unless required to balance the body’s composition, should not be dispositive or even among the top criteria for an appointment. The public’s participation in an appropriate way (e.g., ad hoc committee) in this process can help ensure that the County Council will receive critical and candid information about a candidate’s qualifications, background,

education, and the presence of any conflicts of interest that it might not otherwise receive as part of its current and more insulated process. Ultimately, we hope you will agree that who the Council decides to appoint to these boards, commissions, and advisory boards is a matter of great public interest, and their selection would benefit from the public’s involvement.

Council Should Consider Developing and Introducing a “Resign to Run” Ordinance for Those Appointed or Elected Officials Running for Another Elected Office

The Resign to Run laws require an appointed or elected official to first resign from their current position before running for elected or another elected office. Such an Ordinance would help candidates for elective office better focus on the campaign issues presented without the distraction and the public perception of how their current elected or appointed position would impact or be impacted by the election. Moreover, those holding elected or appointed office should not be able to leverage their current position against other candidates while retaining their current position as a fallback if they lose the election.

Council Should Consider Developing and Introducing an Ordinance Setting Forth a Procedure for Removing an Elected Official from Office

When an elected official has been sworn into office, and subsequently becomes unfit to hold office or engages in misconduct that could rise to the level of “just cause” for removal from his or her elected position, there is currently no procedure in place (such as the subject Ordinance designed to address removal for appointed officials) by which the Council may seek removal of the elected official for misconduct or lack of fitness to hold office subsequent to the election.

We thank you for your time and service to the County.

Respectfully submitted,

Mohammad Akhter

LaDean Barksdale

Rich Borrasso

Dave Breen

Richard Coffman

Carol Conroy

Steve Counts

Boe Daley

Tom Diorio

Jill Hicks

Eul Lee

Doris Pierce

Jim Rogers

Linda Schulte

Keith Steck

Judy Zoeller