§ 1156 — Submission of ordinance to County Executive

Delaware § 1156

• Jurisdiction: Delaware
• Title: 9
• Part: New Castle County
• Ch. 11: COUNTY EXECUTIVE AND COUNTY COUNCIL
• Subch.: County Council

Text

(a) No ordinance shall be considered as officially adopted until it has been signed by the County Executive or has become effective without the signature of the County Executive as provided in this section.

(b) Every ordinance approved by the County Council shall be signed by the President of the County Council and presented forthwith to the County Executive.

(c) If the County Executive approves an ordinance presented to him or her, the County Executive shall sign it and return it to the Clerk of the County Council and the ordinance shall take effect in 30 days unless a different effective date is specified in the ordinance.

(d) If the County Executive disapproves a presented ordinance, the County Executive shall return it to the Clerk of County Council with any objections stated in writing, and the Clerk of County Council shall present the same with such objections to the County Council at its next regular meeting, and such objections shall be entered upon the journal of the County Council. The County Council may, within 30 days thereafter, reconsider the same; if after such reconsideration5/7of all of the members of the County Council in office prior to the first Tuesday following the 2004 general election and10/13of all of the members of the County Council thereafter shall vote to pass the ordinance, the same shall take effect notwithstanding the objections of the County Executive, unless a greater number of members are necessary according to the provisions of this subchapter for the original passage of the ordinance, in which case unless as many members as are requisite for the original passage of the ordinance shall vote to pass the ordinance, it shall not take effect. If any ordinance shall not be returned by the County Executive to the office of the Clerk of County Council within 10 calendar days after it shall have been presented to the County Executive, or if such ordinance shall be returned after the 10-day period without the County Executive’s approval, the same shall take effect in like manner as if the County Executive had approved and signed it.

(e) The County Executive may disapprove or reduce any item or items of appropriation in any ordinance except for the following:

(1) Items prescribing salaries established by state law or prescribed by this title;

(2) Items appropriating funds for the purpose of auditing or investigating any part or all of the executive or administrative agencies of the County;

(3) Items for payment of principal and interest on the public debt;

(4) Items relating to the internal operating expenses of the County Council.

(f) Subject to the exceptions in subsection (e) of this section, the approved part or parts of any ordinance making appropriations shall become a law, and the part or parts disapproved, or the item or items reduced, shall not become law unless passed by the County Council over the veto of the County Executive as provided in subsection (d) of this section.

Legislative History

9 Del. C. 1953, § 1156; 55 Del. Laws, c. 85, § 1 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 569, § 2 ; 71 Del. Laws, c. 198, § 8 ; 71 Del. Laws, c. 401, § 15 ; 72 Del. Laws, c. 414, § 2