Sec. A-100. - Certain existing officers, departments, boards and commissions abolished.

All offices, departments, boards and commissions of the City of Wilmington not herein provided for by this Charter are hereby abolished.

Sec. A-101. - Transfer of functions of abolished governmental agencies generally.

(1)

Within the scope of their respective functions under this Charter, the following departments created by this Charter shall, in addition to such other powers and duties as are conferred upon them by this Charter or by ordinance, exercise the powers and perform the duties of the following offices, departments and boards abolished by this Charter.

(2)

All rights, powers and duties which have heretofore been vested in, exercised by or imposed upon any officer whose office is abolished by this Charter or any department, board, commission, bureau or division abolished by this Charter, or any deputy, assistant, officer, agent or other subordinate or employee thereof, and which are by this Charter transferred either in whole or in part to an office, department, board or commission created by this Charter, shall be vested in, exercised by and imposed upon the office, department, board or commission to which the same are transferred by this Charter and not otherwise. Every act done in the exercise of such rights and powers and the performance of such duties shall have the same legal effect as if done by the former office, department, board, commission, bureau or division, or deputy, officer, agent or other subordinate or employee thereof. Every person and corporation shall be subject to the same obligations and duties, and shall have the same rights arising from the exercise of such rights or powers or in the performance of such duties, as if such rights, duties or powers had been exercised or such duties performed by the office, department, board, commission, bureau or division, or deputy, officer, agent or other subordinate or employee thereof designated in the respective statutes or ordinances which are to be administered by offices, departments, boards or commissions created by this Charter. Every person and corporation shall be subject to the same penalties, civil or criminal, for failure to perform any such obligation or duty or for doing a prohibited act, as if such obligation or duty arose from or such act were prohibited in the exercise of such rights, powers and duties by the office, department, board, commission, bureau or division, or deputy, officer, agent or other subordinate or employee thereof designated in the respective statutes and ordinances which are to be administered by the offices, departments, boards and commissions created by this Charter.

(H.B. No. 98, § 1, 6-11-09)

Sec. A-102. - Records and equipment.

When an existing office, department, board, commission, bureau or division is abolished by this Charter, all books, papers, maps, charts, plans, records, and other equipment in the possession of such office, department, board, commission, bureau or division, or any member or officer thereof, shall be delivered to the officer or to the head of the department or independent or departmental board or commission to which its rights, powers, duties and obligations are transferred. If such rights, powers, duties and obligations are not specifically transferred to any office, department, board or commission by this Charter, such books, records and equipment shall be delivered to the division of procurement and records, which shall make such disposition of them as is appropriate. In case rights, powers, duties, and obligations are divided between two (2) or more offices, departments, boards or commissions, each of such offices, departments, boards or commissions shall receive such books, papers, maps, charts, plans, records or other equipment as pertain to the rights, powers, duties and obligations transferred to that office, department, board or commission. All questions arising under this section shall be determined by the mayor.

Sec. A-103. - Employees generally.

Where an existing office, department, board, commission, bureau or division is abolished by this Charter, all employees thereof shall, as temporary appointees of the office, department, board or commission to which the rights, powers, duties and obligations of such office, department, board, commission, bureau or division, are transferred, continue to perform their usual duties upon the same terms and conditions as theretofore until removed, appointed to positions in accordance with this Charter relative to such office, department, board or commission, or transferred to other offices, departments, boards or commissions. Where the rights, powers, duties and obligations of any such office, department, board, commission, bureau or division are divided between two (2) or more offices, departments, boards or commissions, each of such offices, departments, boards or commissions shall receive on the foregoing terms and conditions such of the employees of the office, department, board, commission, bureau or division as are regularly occupied in connection with the functions thereof, which are by this Charter transferred to such office, department, board or commission. Every employee to which this section applies shall be placed temporarily in one of the city's offices, departments, boards or commissions. All questions arising under this section shall be determined by the mayor.

An employee holding a city position at the time this Charter takes full effect, who was serving in that same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system.

Sec. A-104. - Retirement rights.

Persons who at the time when this Charter takes effect are appointed to or employed by any office, department, board, commission, bureau or division abolished by this Charter and are appointed to positions in any other office, department, board or commission, shall retain all rights to retirement with pension which shall have accrued or would thereafter accrue to them, and their services shall be deemed to have been continuous, as if this Charter had not been adopted.

Sec. A-105. - Pending procedures.

All petitions, hearings and other proceedings pending before any office, department, board, commission, bureau or division which is abolished by this Charter, and all prosecutions, legal or other proceedings and investigations begun by any such officer, department, board, commission, bureau or division, and not completed at the time of the taking effect of this Charter, shall continue and remain in full force and effect, notwithstanding the passage of this Charter, and may be completed before or by the officer, department, board or commission which succeeds to the rights, powers, duties and obligations of such officer, department, board, commission, bureau or division. All questions arising under this section shall be determined by the mayor, or, at his direction, by the city solicitor.

Sec. A-106. - Rules and regulations.

All orders, rules and regulations made by any officer, department, bureau or division which is abolished by this Charter shall remain in full force and effect until revoked or modified by the officer, department, board or commission which succeeds to the rights, powers, duties and obligations of such officer, department, board, commission, bureau or division or by the council.

Sec. A-107. - Contracts and obligations.

All existing contracts and obligations of the officers, departments, boards, commissions, bureau or divisions abolished by this Charter shall remain in full force and effect, and shall be performed by the officers, departments, boards and commissions to which the rights, duties, powers and obligations of such abolished officers, departments, boards, commissions, bureaus or divisions are transferred.

Sec. A-108. - Service of notices.

Whenever reports or notices are now required or given, or papers or documents furnished or served by any person to or upon any office, department, board, commission, bureau or division, or deputy, assistant, officer, agent or other subordinate or employee thereof abolished by this Charter, the same shall be made, given, furnished or served in the same manner to or upon the office, department, board or commission upon which are now conferred or imposed by this Charter the rights, powers and duties now exercised or discharged by such office, department, board, commission, bureau or division, or deputy, assistant, officer, agent or other subordinate or employee thereof, and every penalty for failure to do so shall continue in effect.

Sec. A-109. - Continuation of existing statutes and ordinances.

The provisions of this Charter so far as they are the same as those of existing statutes or ordinances shall be construed as a continuation of such statutes or ordinances and not as new enactments.

Sec. A-110. - Implementation of Charter.

The council shall as promptly as possible pass any ordinances which may be necessary to implement the provisions of this Charter.