Sec. 8-400. - Certain general provisions to apply to certain officers.

All of the provisions of this Charter which apply generally to department heads or departments, boards, and commissions shall apply to the mayor, the administrative assistant to the mayor, and the city treasurer.

Sec. 8-401. - Coordination of work.

The several departments, boards and commissions shall devise a practical and working basis for cooperation and coordination of work, eliminating duplication and overlapping of functions, and shall so far as practicable cooperate with each other in the use of employees, land, buildings, quarters, facilities and equipment. The head of any department or any board or commission may empower or require an employee of another department, board or commission, subject to the consent of the head of such department or of such board or commission, to perform any duty which he or it might require of the employees of his or its department, board or commission. Whenever in this Charter power is vested in a department, board or commission to inspect, examine or secure data or information, or to procure assistance from any other department, board or commission, a duty is hereby imposed upon the department, board or commission upon which demand is made to render such power effective.

Sec. 8-402. - Cooperation with other agencies.

In the performance of its functions each department, board or commission shall cooperate with private agencies and with agencies of the governments of the United States, the State of Delaware and any other state and with any of their political subdivisions, having similar functions.

Sec. 8-403. - Departmental boards and commissions.

Except as otherwise provided in this Charter, each board or commission connected with a department shall exercise its powers and perform its duties independently of the departmental head and officers but shall account to the department for the expenditure of money. Each such department shall in all cases have the right to examine the books, records and accounts of its departmental boards or commissions.

Sec. 8-404. - Reports.

Not later than ninety (90) days after the end of the fiscal year, the head of each department responsible solely to the mayor and each independent board and commission shall make an annual report in writing to the mayor and the head of every other department shall make an annual report in writing to the officer who appointed him. Each departmental board and commission shall, not later than sixty (60) days after the end of each fiscal year, make an annual report in writing to the head of the department with which such board or commission is connected. All such reports shall be attached as exhibits to the report made by the head of the department to his superior officer. Not later than one hundred and twenty (120) days after the end of the fiscal year, the administrative assistant to the mayor and the director of finance shall make their annual reports to the mayor with recommendations. They shall transmit to the mayor, as appendices to their reports, all reports made to them by the department heads. Copies of all reports required by this section shall be filed in the division of procurement and records.

Sec. 8-405. - Seal.

There shall be one official seal for the City of Wilmington, the style and form of which shall be prescribed by the council, and may be changed or altered by the council.

Sec. 8-406. - Rules.

Except as otherwise provided in this Charter, the heads of all departments and all boards and commissions are hereby empowered to prescribe rules for their internal government. Such rules shall become effective only after approval by the administrative board.

Sec. 8-407. - Regulations.

Except as otherwise specifically provided in this Charter, every department, board and commission is hereby empowered to make such reasonable regulations as may be necessary and appropriate in the exercise of its powers and the performance of its duties under this Charter or under any statute or ordinance. Except as otherwise provided in this Charter, in the adoption of regulations, the following procedure shall apply:

(a)

The department, board or commission promulgating the regulations shall first submit them for approval to the law department and upon receiving such approval file them with the administrative board for approval. Upon approval of the administrative board, they shall be available at such location designated by the administrative board for public inspection for thirty (30) days;

(b)

The administrative board shall give public notice of such filing by advertising in the two (2) daily newspapers of the city having the largest paid circulation the fact that regulations relating to a particular subject have been filed with it, and that any person affected thereby may request a hearing;

(c)

If any person affected shall present to the administrative board a written request therefor, he shall be afforded a public hearing before the department, board or commission promulgating the regulations and the city solicitor. A report of the hearing reaffirming the regulations or modifying them with the approval of the law department shall be filed by the department, board or commission with the administrative board.

The regulations shall become effective at midnight of the thirtieth day after their filing when no hearing has been requested and at midnight of the tenth day after a report has been filed when [a] hearing was requested and held.

All regulations shall be published and made available for distribution.

Amendments to regulations shall be adopted under the same procedure as the regulations which they amend.

The requirements of this section may be suspended by the mayor in writing and temporary regulations promulgated in emergencies affecting the public health or safety but any regulations so put into force shall not remain effective unless the procedures otherwise required by this section are complied with forthwith.

Sec. 8-408. - Meetings of boards and commissions.

Every board and commission shall hold regular meetings at such times and places as it may by rule designate and in addition shall hold special meetings upon the call of its chairman or president at such times and places as he shall designate. At least three (3) days' notice in writing shall be given of the time, place and purpose of all special meetings, unless such notice is waived in writing by all members. Except as otherwise specifically provided in this Charter, a majority of the members of any board or commission shall constitute a quorum. All boards and commissions shall keep minutes of their proceedings.

Sec. 8-409. - Power to obtain attendance of witnesses and production of documents.

Every officer, department, board or commission authorized to hold hearings or conduct investigations shall have power to compel the attendance of witnesses and the production of documents and other evidence; and for that purpose, it may issue subpoenas requiring the attendance of persons and the production of documents and cause them to be served. If any witness shall refuse to testify as to any fact within his knowledge or to produce any documents within his possession or under his control, the facts relating to such refusal shall forthwith be reported to any appropriate court; and all questions arising upon such refusal and also upon any new evidence not included in the report, which new evidence may be offered either in behalf of or against such witness, shall as promptly as possible be heard by such court. If the court shall determine that the testimony or document required of such witness is legally competent and ought to be given or produced by him, the court may make an order commanding such witness to testify or produce the document required and if the witness shall thereafter refuse so to testify or so to produce documents in disobedience of such order of the court, the court may deal with the witness as in other cases.

Sec. 8-410. - Legal advice and services.

(1)

Whenever any officer, department, board or commission shall require legal advice concerning his or its official business or whenever any legal question or dispute arises or litigation is commenced or to be commenced in which any officer, department, board or commission is officially concerned or whenever any taxes or other accounts of whatever kind due the city remain overdue and unpaid for a period of ninety (90) days, it shall be the duty of such officer, department, board or commission to refer the same to the law department.

(2)

It shall be the duty of any officer, department, board or commission having requested and received legal advice from the law department regarding his or its official duty, to follow the same; and when any officer shall follow the advice given him in writing by the law department, he shall not be liable in any way for so doing upon his official bond or otherwise.

(3)

Before the law department shall render any opinion interpreting any appropriation ordinance or ordinance authorizing the expenditure of money, it shall notify the city auditor of the question upon which its opinion has been requested and afford him an opportunity to present his views upon the question.

(4)

It shall be unlawful for any officer, department, board or commission, except for the treasurer with the approval of council, to engage any attorney to represent him or it in any matter or thing relating to his or its public business without the approval in writing of the city solicitor.

Sec. 8-411. - Custody of private personal property.

Every officer and employee who in the performance of his duties receives for custodial purposes personal property from any person shall, immediately upon receiving such property, issue a receipt to such person and a copy to the city auditor, itemizing the property received and stating the circumstances under which it was received, shall keep such property in such place as shall have been designated by the head of the department or the board or commission by which he is employed and shall return such property promptly to such person or his nominee, or to his executor or administrator in case of his death, when its retention by the city is no longer warranted by statute or ordinance.

Sec. 8-412. - Inspections.

Every department, board and commission shall have the power to make such inspections as are incident to or necessary for the performance of its functions except that, with the approval of the administrative board, the mayor may issue an order in writing transferring to the department of licenses and inspection the duty of making inspections incidental to the performance of all or any of the functions of any other department or of any board or commission. After any such order becomes effective, the inspections to which it applies shall be made exclusively by the department of licenses and inspections.