Sec. 2-1. - Records management program; records advisory committee; records manager.

(a)

Records management program. The office of management and budget shall be and is hereby authorized to act as the city agency responsible for the implementation and maintenance of the Wilmington Records Management Program. The records management program shall incorporate the minimum requirements and guidelines set forth in 29 Del. C. ch. 5, subch. 1, (§ 501 et seq.) and shall be administered in a manner consistent with and supplemental to the provisions of sections 6-116 and 6-119 of the city charter and, to that end, shall be coordinated with the procurement and records division of the department of finance.

(b)

Records advisory committee. The records advisory committee shall be and is hereby established and authorized to be comprised of one representative each, designated from the mayor's office, the law department, the department of finance, and the personnel department, who shall serve in an advisory capacity to both the records manager and the administrative board. The committee shall serve as an advisory body to the records manager including reviewing procedures developed by the records manager for implementation in order to ensure compliance with the laws of the state and city. The role of the committee is advisory in nature and its activities shall in no way infringe upon or interfere with the day-to-day operations of the records manager or of the operating departments which, by law, are required to maintain public records.

(c)

Records manager. The records manager is hereby designated and authorized, with the supervision and direction of the office of management and budget, to serve as the coordinator of the city's records management program and system. The records manager shall serve as the city's liaison with the state archives and records program. The records manager shall also serve as the coordinator and liaison with the various city departments and divisions, particularly the division of procurement and records, and shall develop, or assist in the development, of records management procedures specific to those departments consistent with state law, the city charter, and this Code, and subject to the approval of the administrative board when, as, and if such approval is required by the city charter.

(Code 1968, § 20-59.5; Ord. No. 92-053(sub 1), § 3(j), 7-2-92)

Charter reference— Microfilming of records, § 8-211.

Cross reference— Boards, commissions and similar entities, § 2-56 et seq.

Sec. 2-2. - Ambassadors of goodwill.

(a)

There is hereby established an ambassadors of goodwill program through which citizens of the city, or persons who are not residents of the city but who are particularly well-qualified by virtue of their own accomplishments or their relationship to persons who are citizens of the city and their ability to represent the city well in connection with this program, may be designated as ambassadors of goodwill and be authorized to promote on an informal basis the qualities and advantages of the city as a place to live and work when such citizens or other qualified and designated persons, travel in other states of the United States or in other nations, provided that such travel is done by such persons for personal or business purposes of their own and not only for purposes of this program.

(b)

Any person to be designated as an ambassador of goodwill shall be so appointed by the mayor with the concurrence of the city council and shall serve at the pleasure of the mayor. There shall be no compensation or reimbursement of expenses of any kind by the city government to any such person for any such activities.

(c)

Any person so designated as an ambassador of goodwill shall be qualified by reason of his education, experience or expertise in any of the fields of business, education, the sciences, medicine, law, economics, geography, history, athletics, or the arts, or as recognized representatives of religious or ethnic entities, or in any other similar fields of endeavor deemed appropriate by the mayor and city council to qualify him to be a fitting representative of the city.

(Code 1968, § 20-2.2; Ord. No. 93-067, § 1, 9-16-93)

Sec. 2-3. - Official names of streets, parks, playgrounds, plazas, buildings, facilities, statues and monuments, other lands reserved for public use.

(a)

Generally. All streets, parks, playgrounds, plazas, and other lands reserved for public use, reserved lands, that appear in the city's comprehensive plan or on the official city map, may be named in order to commemorate persons, places or events of historic, cultural, governmental or social significance to the city, its residents, neighborhoods and communities and their respective history and heritage. The official naming and renaming of any such parks, playgrounds, plazas, streets, and other reserved lands shall be done in accordance with the provisions of subsection (b) of this section. If it is proposed that a part of, or any facility within, a street or reserved land that is subject to this section be named or renamed in honor of or dedicated to any person, place or event that is different from the rest of it or that is different than that within which it is located, such naming or renaming may be done by resolution pursuant to subsection (d) of this section, while retaining the name of the rest of the street or park or other reserved land within which the park, facility or object so dedicated is located.

(b)

Procedure.

(1)

The official names of all streets, parks, playgrounds, plazas, reserved lands, buildings, structures, facilities, statues and monuments owned by the city, that are in effect as of October 20, 1988, whether any such official name was established by ordinance or resolution of city council or by official action of any city board or commission, or by any other official action, shall continue until such official name is changed by ordinance of city council enacted pursuant to the provisions of this section. After October 20, 1988, the official names, whether by naming or renaming, of all streets, parks, playgrounds, and other reserved lands, owned by the city shall be established only by enactment of an ordinance of city council officially designating such name. Any such ordinance shall not be enacted prior to receipt by the city council of the recommendation concerning the same of the city planning commission following its review of the same. The city planning commission shall adopt guidelines and standards which shall be applicable to any matter before it regarding a proposed naming or renaming pursuant to this section. The city council may adopt by resolution guidelines and standards applicable to the same in a similar manner. The city planning commission shall make its recommendation to the city council within 60 days of the commission's receipt from the city council of a written communication proposing any such official naming or renaming or of an ordinance for such naming or renaming following its introduction at a regular meeting of the city council, whichever first occurs. The city planning commission may extend the time for its recommendation to the council by up to an additional 60 days if such additional period of time is deemed necessary by the commission and the commission so advises the council in writing prior to the expiration of the first 60-day period. The planning department shall prepare a report with recommendations for consideration by the city planning commission regarding any such official name. No ordinance shall be passed by the city council pursuant to the provisions of this section without the concurrence of the city planning commission in the proposed ordinance except by a three-quarters vote of all members of city council.

(2)

Notwithstanding the above-stated procedures for official names of city streets, the mayor retains authority to sub-name by executive order any city street and designate the appropriate sub-name signage pursuant to subsection 2-298(17) of this chapter. Sub-names shall not be included on the official city map. Guidelines to be followed in the sub-naming of city streets are as follows:

a.

Guidelines for the sub-naming of streets.

1.

The signs designed for the sub-naming of streets should be a shape that is different from the normal street signs (e.g. square).

2.

All sub-signs should be located on the same pole, but as far as possible from the main street signs and a minimum of seven-feet from the ground, as required by City Code.

3.

Where sub-signs are placed, existing street signs should be replaced with larger signs. The department of public works anticipates starting a program to enlarge street signs citywide.

4.

No sub-named street sign shall contain the words "street, avenue, boulevard", etc.

5.

When possible, sub-named street signs should contain the word "honoring" before the individual's name.

6.

Signage for sub-named street signs should be a contrasting color to the green street signs. For example, the sub-signs could be colored blue and yellow (the official city colors) or black and white, since they would thereby be clearly distinguishable from city street signs.

7.

The proposed sub-naming is generally recommended when the following conditions are met:

i.

The proposed name recognizes a prominent individual whose life has had a significant impact upon the community, or a meaningful association with the area; and

ii.

The person for whom the street is to be sub-named has retired or is no longer living; and

iii.

The current name of the street does not already commemorate an individual; and

iv.

The person who is being honored, by the sub-naming of the street, devoted his/her time to maintaining or financially supporting the area in which the street is to be sub-named.

(c)

Comprehensive plan; zoning actions. If any street, park, playground or other reserved land subject to the provisions of this section is named or renamed pursuant to this section, such name shall be entered upon the city's comprehensive development plan, or the official city map, or both, as the case may be, in accordance with the provisions of the city charter and Code applicable thereto. Any zoning action that may be required in connection with or as a result of any naming or renaming of any street, park, playground or other reserved land pursuant to the provisions of this section, shall be done in accordance with the provisions of the zoning code applicable to such zoning actions.

(d)

Facilities. The naming or renaming of any structure, building, monument, ballfield, recreation center or other facility owned by the city, whether within a park or other facility subject to subsection (b) of this section or located elsewhere, is hereby authorized to be done by resolution approved by a majority of all members of the council, provided that not less than seven days prior to the council meeting at which such resolution will be presented, the principal sponsor of such resolution has mailed or delivered, or has caused to be mailed or delivered, to all other members of council, information and documentation supporting or explaining the naming or renaming to be proposed in such resolution pursuant to the provisions of this subsection.

(Code 1968, § 20-5.3; Ord. No. 93-023, § 1, 5-13-93; Ord. No. 94-011, § 1, 4-7-94; Ord. No. 07-018(sub 1), § 1, 7-5-07)

Cross reference— Historic preservation, ch. 14; parks and recreation, ch. 38; streets, sidewalks and other public places, ch. 42.

Sec. 2-4. - Reports to council regarding activities of city corporate entities.

The executive director or other operational head of each of the entities enumerated in this section shall file with the president of council and all members of council, a complete report within three days, excluding any intervening Saturday, Sunday, or legal holiday, following any regular or special meeting of each such entity's board of directors or other governing body. Any entity that is inactive for any reason shall submit semiannual reports on January 1 and July 1 of each year. Each report required by the provisions of this section shall consist of a report of its activities since the last report and year-to-date cumulative activities detailing its financial activities, status of accounts, and the status of any and all programs and projects. The programmatic reports shall include but not necessarily be limited to the number of clients served and demographic information about such clients, as applicable and as authorized by law. The entities which are specifically subject to the periodic reporting requirements of this section are: The Wilmington Home Ownership Corporation (WHOC), the Wilmington City Housing Corporation (WCHC), the Wilmington UDAG Corporation (WUC), the Wilmington Economic Development Corporation (WEDCO), the Brandywine Gateway Corporation (BGC), the Christina Gateway Corporation (CGC), the Wilmington Youth Development Corporation (WYDC), and The Partnership. Each of the requisite reports shall set forth the information required in this section and such other information as may be deemed appropriate by the executive director or other chief operating officer of each entity.

(Code 1968, § 20-5.7; Ord. No. 97-098, § 1, 12-18-97)

Cross reference— Annual report of The Wilmingtonians, Inc., § 2-113.

Sec. 2-5. - Notice of appeals to the board of license and inspection review.

Upon the scheduling of any appeal to the board of license and inspection review, the commissioner of licenses and inspections, or his designee, shall send a notice by regular mail to the last known address of each of the owners of record of the properties, whether residential or commercial, that are located in the same block on both sides of the street as the property or business which is the subject of the appeal to the board of license and inspection review of which the notice of appeal is being given thereby. The notice to such property owners shall include, but not necessarily be limited to, the date and time, place and subject matter of the hearing, the address of the property which is the subject of the hearing and a summary of the nature of the complaint, if any, stated in a general way. Nothing provided in this section shall be construed as affecting the validity of the conduct of the hearing of the appeal or the decisions of the board of license and inspection review in any appeal.

(Code 1968, § 20-5.5)

Charter reference— Board of license and inspection review, § 3-903.

Sec. 2-6. - Wilmington Police Department Auxiliary Personnel Program.

There is hereby established in the Wilmington Police Department a program to be known as the "Wilmington Police Department Auxiliary Personnel Program" ("auxiliary personnel program") that will enable participants in the program to cooperate with and assist the police department in the maintenance of law and order in the city. The auxiliary personnel program shall be a voluntary organization without any compensation to its member participants.

(1)

Establishment of authority. The Wilmington Police Department Auxiliary Personnel Program shall be a unit within the police department under the direction of an inspector.

(2)

Selection and appointment. The chief of police shall have sole authority to select and appoint persons as members of the auxiliary personnel program. Persons so appointed shall be required to present a physician's statement certifying that the candidate is capable of performing functions of trained auxiliary personnel; be of good moral character and stable temperament; 18 years of age or older; a high school graduate or equivalent; successfully pass written, physicial, polygraph, drug screening, and psychological examinations; any other requirements deemed necessary by the chief of police; and, in addition, each candidate shall undergo a background investigation, oral interview and be willing to take an oath of office. Auxiliary personnel shall be required to attend and complete an auxiliary recruit training academy and obtain a passing score in order to continue in the auxiliary personnel program. Auxiliary personnel shall participate in the program at the sole discretion of the chief of police and any auxiliary personnel may be terminated from the program at any time at the sole discretion of the chief of police with no right of appeal.

(3)

Training. Auxiliary personnel shall be required to receive classroom training in those duties as shall be specified in written directives of the police department.

a.

Proposed training procedures. The training of auxiliary personnel shall be appropriate to the functions to be performed by those personnel. Prescribed training shall be conducted under the direction of the human resource training unit of the police department and shall consist of such subjects as deemed necessary for the auxiliary personnel to properly perform auxiliary personnel functions.

b.

In-service training. There shall be annual in-service training required for all auxiliary personnel. The training provided shall be in relation to the duties performed by the auxiliary personnel. The auxiliary personnel program must ensure that all of its personnel receive in-service training and that accurate records reflect compliance with the training records.

(4)

Equipment. All auxiliary personnel shall be furnished with a uniform approved by the chief of police and that is readily distinguishable from the uniform of a Wilmington police officer. The auxiliary personnel shall not wear, carry or transport any firearm during the course of assigned duties.

(5)

Duties and assignments. The auxiliary personnel shall perform such duty assignments as are assigned by the chief of police which may include the following:

a.

Security, crowd, and traffic control at public events such as parades, carnivals, fires, fairs, sporting events, fireworks displays, and other assignments as deemed necessary.

b.

Walking patrols in residential and commercial areas of the city.

c.

Rendering emergency services during natural disasters, floods, snowstorms, and searches for missing persons.

d.

Assisting Wilmington police officers in the performance of police department desk duties.

e.

Performing auxiliary personnel duties in the vicinity of parks, schools, and houses of worship.

f.

Assisting in the performance of police department administrative duties.

g.

Any assignments so ordered by the chief of police.

h.

Subject to the approval of the chief of police, an expanded list of tasks and assignments may be implemented, subject to the prior review of the administrative board. In addition, in any emergency situation, a sworn police department lieutenant, or higher-ranking officer, may direct auxiliary personnel to perform other departmental duties within the scope of authority of auxiliary personnel, regardless of the status of any auxiliary assignment.

(6)

Restricted and prohibited activities. No auxiliary personnel shall:

a.

Arrest, apprehend or otherwise use physical force or restraint, except that which is required to defend himself or herself if attacked by another person.

b.

Operate any motor vehicle while emergency equipment is activated.

c.

Issue citations for parking violations nor conduct traffic enforcement, except to direct the flow of traffic as a traffic control officer.

d.

Serve an arrest or search warrant.

e.

Participate in an activity when it is known in advance to be extremely dangerous or hazardous.

(7)

Fiscal analysis. The police department shall advise the mayor and the city council through the finance committee of city council of the cost of the auxiliary personnel program on a fiscal-year basis.

(Ord. No. 95-058(sub 1), § 1, 9-21-95)

Sec. 2-7. - Consultant's contracts; limitations.

(a)

Contract provisions. No agreement for services to be provided to the city or any of its offices, departments, boards or commissions, by an independent contractor, being any person, firm, corporation, partnership or other entity that is providing services under contract to any city office, department, board or commission of any kind, and for any duration, whether such contract requires approval by the city council or not, shall include in its terms any provisions for "vacation days," or "sick leave" or "combined leave," or "health care benefits," as those terms are used in chapter 40, of the personnel code, or in city employee benefit plans, to be afforded to any such consultant. No such consultant shall be afforded the benefits, in whole or in part, that are provided to city employees, and all such consultant's contracts shall be limited to the dollar amount of compensation for such services as provided and actually rendered.

(b)

Penalties. Any violations of the provisions of this section shall be just cause for the immediate termination of the consultant's agreement.

(Ord. No. 95-065, § 1, 10-19-95)

Sec. 2-8. - City department of licenses and inspections as successor to board of harbor commissioners.

The functions and duties of the former board of harbor commissioners, set forth in sections 5-1 through 5-6 and sections 5-26 through 5-30 of the city's Related Laws, and which were also formerly performed by the department of commerce, shall henceforth be performed by the department of licenses and inspections. The planning commission shall conduct any public hearings required by said sections, particularly section 5-27, and shall give such notice of hearings, as required by its rules and the Delaware Freedom of Information Act. The administration and enforcement of the provisions of title 5 of Related Laws, particularly sections 5-1 through 5-30, shall henceforth be the responsibility of the department of licenses and inspections. In that regard, copies of any reports in connection therewith by the department of licenses inspections shall be filed with the city council and shall also be forwarded to the department of planning and development, the zoning administrator and the senior economic development advisor in the mayor's office.

(Ord. No. 97-030(sub 1), § 1, 5-15-97)

Sec. 2-9. - Fee for checks returned; fee for document copies.

(a)

There shall be payable to the city through its finance department a fee in the amount of $30.00 for each check issued payable to the city for any tax or fee which has been returned for insufficient funds, fraud or closed account.

(b)

There shall be imposed upon the person or firm requesting the information a fee of $0.50 per page for each page of printout of information regarding water and sewer billing accounts, or property taxes, including tax assessment information. All such fees and charges shall be imposed and collected at the time that the information is provided to the person or firm requesting the information.

(Ord. No. 97-042, § 1, 7-2-97; Ord. No. 06-056, § 1, 8-31-06)

Sec. 2-10. - Agreements with other governmental or quasi-governmental agencies for mutual support.

(a)

Purpose. The purpose of this section is to set forth minimum requirements for agreements that are entered into between the city and other governmental or quasi-governmental agencies for support, aid or mutual cooperation, regarding certain governmental activities and the circumstances giving rise to such mutual support.

(b)

Requirements. Any and all such agreements between the city and any other governmental or quasi-governmental agency shall meet the following minimum requirements:

(1)

such agreements shall be in writing;

(2)

All such agreements shall be subject to approval by city council by resolution approved by a majority of all of the members of city council.

(3)

The continuation of any current agreement, and any new agreement, shall be made subject to the express condition that all personnel of the city and of any governmental or quasi-governmental agency perform in accordance with applicable professional standards, and with at least minimum standards of personal behavior to include basic decent respect for authority and for fellow human beings.

(c)

Future agreements. Any future agreement between the city and any governmental or quasi-governmental agency as set forth herein, shall contain a reference to this section of the City Code and shall expressly include language setting forth the contingent nature of the relationship.

(Ord. No. 97-046, § 1, 7-10-97)

Sec. 2-11. - Database of City of Wilmington Boards and Commissions ("COWBAC").

(a)

The mayor or his designee shall compile and maintain a computerized database of all city boards, commissions, task forces, committees, and similar entities, herein collectively referred to as the "City of Wilmington Boards and Commissions" ("COWBAC"). On or before January 1, 1998, the mayor or his designee shall provide a copy of such information to the president and each member of city council. The database items included shall be those used in the Delaware Governor's Database maintained in Dover. The COWBAC shall be updated not less than quarterly and copies of each update shall be provided to the president and each member of city council.

(b)

Not later than the day of each city council meeting, the mayor, or his designee, shall file with the city clerk and provide to the president and each member of city council, written correspondence identifying any changes by way of resignation, removal from office, appointment, or creation of new organizations, that have occurred since the date of the last city council meeting as to any changes in membership of any of the organizations that are required to be listed in the COWBAC. The city clerk shall immediately notify the mayor, or his designee, of any changes occasioned by action of the city council regarding any organization required to be listed in the COWBAC.

(Ord. No. 97-104, § 1, 12-18-97)

Sec. 2-12. - Wilmington neighborhood schools committee and neighborhood school plan.

(a)

Adoption of plan by ordinance. The city's neighborhood schools plan, to be recommended by the neighborhood schools committee to the mayor and president of city council by January 3, 2001, pursuant to the provisions of the Neighborhood Schools Act of 2000 (House Bill No. 300 as amended) shall be adopted by ordinance of council prior to its forwarding by the mayor and council to the Delaware General Assembly on behalf of the city by March 15, 2001 as required by said Neighborhood Schools Act of 2000, 14 Del. C. § 220 et seq.

(b)

Review of ordinance. Pursuant to the provisions of subsection (a) of this section, after its introduction at a city council meeting, the said ordinance shall be referred to the city council's youth and family services committee, education committee, and the committee of the whole. The said committee of the whole shall review the ordinance and forward its final recommendations to the city council prior to enactment of the ordinance. The said committee of the whole, for purposes of said review and formulation of final recommendations, shall be co-chaired by the chairs of the city council's youth and family services committee and the education committee. The said committee of the whole may adopt such rules and procedures for the conduct of the proceedings involved in this matter as it deems appropriate.

(c)

Following its enactment, the subject ordinance adopting a city neighborhood schools plan shall be forwarded by the mayor and city council, on behalf of the city, to the Delaware General Assembly no later than March 15, 2001.

(Ord. No. 00-055(sub 1), § 1, 5-25-00)

Secs. 2-13—2-30. - Reserved.