AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO ASSISTANT COUNTY ATTORNEYS AND OTHER LEGAL PROFESSIONALS EMPLOYED WITH NEW CASTLE COUNTY.

Plain English Breakdown

The official source material does not provide specific details on how tenure rules will be enforced or what happens to current employees.

Law for Assistant County Attorneys and Legal Staff

This law allows New Castle County Council to create job security rules (tenure) for assistant county attorneys and other legal staff members.

What This Bill Does

• Allows the New Castle County Council to establish a right of tenure for assistant county attorneys and other professional legal staff by ordinance.

Who It Names or Affects

• Assistant County Attorneys in New Castle County
• Other legal professionals working for New Castle County

Terms To Know

tenure

A job protection that makes it harder to lose a position.

Merit System

A system where jobs are given based on skills and abilities, not just who you know.

Limits and Unknowns

• The bill does not specify what happens if the County Council decides not to create tenure rules.
• It is unclear how this law will affect current employees of New Castle County's legal department.

Official Summary Text

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO ASSISTANT COUNTY ATTORNEYS AND OTHER LEGAL PROFESSIONALS EMPLOYED WITH NEW CASTLE COUNTY.
This bill directly responds to New Castle County Council Resolution 26-018 by expressly authorizing New Castle County Council to establish a right of tenure for New Castle County’s Assistant County Attorneys and other professional legal staff by ordinance. Like the similar rights granted to the employees of the State of Delaware Department of Justice and the City of Wilmington’s legal staff, these rights will serve to promote recruitment and retention of high-quality legal professionals, promote continuity of legal services, and further the public’s interest in the provision of independent legal advice.

Current Bill Text

Legislation Document

SPONSOR:

Sen. Cruce & Rep. Bolden

Sen. Hansen; Rep. Burns

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 237

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO ASSISTANT COUNTY ATTORNEYS AND OTHER LEGAL PROFESSIONALS EMPLOYED WITH NEW CASTLE COUNTY.

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

Section 1. Amend Chapter 13, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1394. Assistant County Attorneys

and Other Legal Professionals Employed with New Castle County

.

The County Attorney shall appoint such Assistant County Attorneys as may be authorized by the County Council. The Assistant County Attorneys

and other legal professionals appointed by the County Attorney

shall serve at the pleasure of the County Attorney

unless and until such time as they may attain tenure as County Council may provide for by ordinance

. First Assistant County Attorneys shall be selected according to provisions of the Merit System of the New Castle County Code.

SYNOPSIS

This bill directly responds to New Castle County Council Resolution 26-018 by expressly authorizing New Castle County Council to establish a right of tenure for New Castle County’s Assistant County Attorneys and other professional legal staff by ordinance. Like the similar rights granted to the employees of the State of Delaware Department of Justice and the City of Wilmington’s legal staff, these rights will serve to promote recruitment and retention of high-quality legal professionals, promote continuity of legal services, and further the public’s interest in the provision of independent legal advice.

Author: Senator Cruce