Sec. 3-303. - Other officers and employees.
Sec. 3-304. - Citizenship and residence.
The mayor shall have been a resident of the city for at least two (2) years preceding election, shall be at least thirty (30) years of age at the time of his election and shall remain a resident during the term of office.
The chief of staff shall be qualified by education, training and experience for the duties to be performed by him.
(H.B. No. 213, § 1, 1-21-04)
The city solicitor shall be a lawyer admitted to practice before the Supreme Court of Delaware and shall have had at least five (5) years' experience in active practice of the law.
Sec. 3-303. - Other officers and employees.
All other department heads and all deputies, superintendents and bureau or division chiefs and all other employees not in the merit system shall be persons especially qualified for their positions by training and experience.
Sec. 3-304. - Citizenship and residence.
(a)
Citizenship—All officers and employees of the city shall be citizens of the United States when the duties of the position require direct participation in the formulation, operation, or review of broad public policy or require the exercises of important discretionary governmental powers over citizens. Positions subject to such requirement shall be designated by ordinance of City Council.
(b)
Residence—All officers, regular employees, and probationary employees of the city shall be residents of the city at the time of their election, appointment, or employment and remain such during their tenure, except as provided herein. It shall not be necessary for any non-elected officer, regular employee, probationary employee, or limited service employees to be a resident of the city at the time of appointment or employment, but such residence in the city must be required within six (6) months thereafter. Employees who are subject to the requirements of Title 22 of the Delaware Code, Section 841, regarding duration of employment, shall not be subject to the residency requirement after first meeting the requirements of that section. Appointed members of boards and commissions, shall be residents of the city, but this requirement shall not apply to the additional advisory boards appointed by the mayor pursuant to the provisions of section 3-100(g) of this Charter.
(S.B. No. 205, § 1)
Cross reference— Basic requirements of applicants, § 40-152.
Notes—This section should be read in light of the provisions of Senate Bill No. 217, as amended, (71 Del. Laws, c.244):
§ 841. Residency Requirements.
Notwithstanding any charter provisions, ordinance or other provision to the contrary, no municipal corporation with a population exceeding 50,000 shall require that, as a condition of continued employment, an employee who is employed as of the effective date of this Act, with at least twelve (12) years of service for the municipality be, become or remain a resident of the municipality during their employment. Notwithstanding any charter provision, ordinance or other provision to the contrary, no municipal corporation with a population exceeding 50,000 shall require that, as a condition of continued employment, an employee who is hired after the effective date of this Act with 15 years of service for the municipality be; become or remain a resident of the municipality during their employment.
The requirement that all employees be citizens of the United States must be read in the light of the U.S. Supreme Court decision in Sugarman v. Dougall, 413 U.S. 634, when there is no relation to a legitimate state interest.