§ 7003 — County Administrator

(a)Appointment; qualifications; compensation. —The county government shall appoint a County Administrator by the affirmative vote of a majority of the members of the county government, for a term, not exceeding 4 years and fix his or her compensation. The County Administrator shall be appointed solely on the basis of his or her executive and administrative qualifications. At the time of his or her contractual starting date he or she shall be a resident of Sussex County, and, during his or her tenure of office, he or she shall at all times reside within Sussex County.

(b)Removal from office. —The county government may remove the County Administrator from office before the expiration of his or her term, but only in accordance with the following procedures:

(1) By affirmative vote of a majority of all the members of the county government upon adoption of a preliminary resolution which shall state the reason for the removal. A copy of the resolution shall be delivered promptly to the County Administrator;

(2) Within 10 days after a copy of the resolution is delivered to the County Administrator, he or she may file with the county government a written request for a public hearing. This hearing shall be held at a special county government meeting not later than 30 days after the request is filed. The County Administrator may file with the county government a written reply not later than 5 days prior to the hearing. The County Administrator shall be permitted to appear in person at the hearing in lieu of a full written reply to the charges made, and present his or her case with witnesses as the circumstances may require;

(3) The county government may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all the members at any time after 10 days from the date when a copy of the preliminary resolution was delivered to the Administrator, if Administrator has not requested a hearing.

(c)Acting county administrator. —The county government may designate a qualified acting county administrative officer to exercise the powers and perform the duties of County Administrator during the latter’s absence or disability.

(d)Powers and duties. —The County Administrator shall be the chief administrative officer of the County. The County Administrator shall attend the meetings of the county government, and be responsible to the county government for the proper administration of all the affairs of the County which the county government has authority to control.

Under the direction of the county government, the County Administrator shall have the following powers and duties, except as otherwise provided by this chapter, law or governing personnel regulations:

(1) He or she shall appoint and, when he or she deems it necessary, suspend or remove any county employees and appointive administrative officers with the exception of the Director of Finance. He or she may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency;

(2) The County Administrator shall direct and supervise the administration of all departments, offices and agencies of the County;

(3) The County Administrator shall have the right to take part in discussion at all county government meetings but may not vote;

(4) The County Administrator shall see that all laws, provisions of this chapter, and acts of the county government, subject to enforcement by the County Administrator or by officers subject to his or her direction and supervision, are faithfully executed;

(5) The County Administrator shall prepare and submit a proposed annual budget and capital program to the county government, with his or her recommendations and shall execute the budget as finally adopted;

(6) The County Administrator shall make reports, at least once monthly, to the county government in regard to matters of administration, and keep the county government fully advised as to the financial condition of the county government;

(7) The County Administrator shall submit to the county government and make available to the public a complete report on the finances and administrative activities of the County within 60 days after the end of each fiscal year;

(8) The County Administrator shall familiarize himself or herself in detail with the affairs of all officers, departments, boards, and agencies and make recommendations and reports to the county government at such times as the government may direct. The County Administrator may order an audit of any office or agency at any time by the independent auditor engaged by the county government;

(9) The County Administrator shall perform such other duties as are specified in this chapter or as may be required by the county government.

Legislative History

9 Del. C. 1953, § 7003; 57 Del. Laws, c. 762, § 1 ; 70 Del. Laws, c. 186, § 1 ; 78 Del. Laws, c. 52, §§ 1, 2