Sec. 2-151. - Employees' annual declaration of residency; officer and employee residency review board.

(a)

In order to secure compliance with the charter residency requirement, section 3-304, all elected or appointed officers and all employees shall annually file a declaration of residency. This declaration shall be filed with the director of personnel, not later than the last day of January, on a form approved by the administrative board.

(b)

Failure to file such declaration or making a false statement therein shall be cause for disciplinary action, up to and including discharge. Any elected or appointed officer or any employee who is found to have made a false written statement on any declaration of residency form required by this section with the intent of deceiving his employer or those persons who administer and enforce the provisions of this section in order to avoid compliance with the residency requirement shall be immediately dismissed from employment by the city.

(c)

Making a false written statement on the declaration shall constitute the misdemeanor of making a false written statement, and the declaration form shall bear such warning.

(d)

Whenever it shall appear, from the declaration or otherwise, that an officer or employee is not in compliance with the charter residency requirement, a discharge proceeding shall be commenced.

(e)

In addition to the annual declaration required pursuant to subsection (a) of this section, during any year between the filings in January of such annual declarations, each employee shall notify in writing the personnel director of any change of address of residency from that stated in his most recent annual declaration within 14 days following such change, whether the new address is in the city or outside of the city, including any temporary change of residence due to spousal separation, divorce, death in the immediate family or other reason, but not including any temporary change of residence during vacation, travel or other reason that is clearly not of an actually or a potentially permanent nature. Failure to notify the personnel director as aforesaid shall be cause for disciplinary action, up to and including discharge.

(f)

There is hereby established a city officer and employee residency review board ("residency review board") to be comprised of 11 members. The members of the residency review board shall be the city auditor, the finance director, and the administrative assistant to the mayor, and two other administration representatives designated by the mayor, one member-representative of each of the four city employee collective bargaining units ("union representatives" as hereinafter further defined) and two residents of the city who shall not be city employees, who shall be qualified electors of the city and who shall be appointed by the mayor, be confirmed by resolution approved by a majority of all members of council, and serve at the pleasure of the mayor. The four "union representatives," to be selected by each union's membership, shall serve for terms of one year each. The residency review board shall have authority to review all matters of administration and enforcement of the requirements of this section and of section 3-304 of the city charter. In its review of any such matter, the residency review board may make findings of fact and conclusions of law and its determination and decision shall be final. The residency review board may adopt such procedures and forms as it may deem necessary, subject to approval of the administrative board.

(g)

The city hereby directs that any and all officers and employees ("employees") who are not in compliance with the city's employee residency requirements, whether intentionally or unintentionally, shall be given one opportunity within 30 days of passage of the Substitute No. 1 to Ord. No. 05-049 to bring themselves into compliance with the requirement, without any inquiry or finding as to why the employee is not in compliance at the time.

The procedures, terms and conditions for employee compliance shall be as follows:

(1)

Each such employee shall provide a signed statement to the residency review board, through the director of personnel, simply noting a belief that he or she may not be in compliance and without having to state any reason whatsoever as to why he or she believes this to be true.

(2)

The aforesaid statement must be received by the residency review board, through the director of personnel, within five working days after the effective date of the ordinance from which this subsection derives. (Substitute No. 1 to Ordinance No. 05-049).

(3)

Within 30 calendar days after the said effective date, each such employee shall provide the residency review board, through the director of personnel, with a signed declaration that he or she is in compliance with the residency requirement.

(Code 1968, § 20-5.1; Ord. No. 95-008(sub 2), § 1, 3-2-95; Ord. No. 97-073, § 1, 10-2-97; Ord. No. 97-087(sub 1), § 1, 11-20-97; Ord. No. 05-049(sub 1), § 1, 8-18-05)

Charter reference— Residency requirements for officers and employees, § 3-304.

Sec. 2-152. - Old age and survivors' insurance.

(a)

The mayor and such other officials as may be necessary are hereby authorized and directed to execute all necessary agreements and amendments in order to give effect to the benefits of the system of old age and survivors' insurance as authorized by the federal social security act and amendments thereto, and to take all necessary action as may be required by applicable state or federal laws or regulations.

(b)

Withholdings from salaries or wages of employees for the purposes provided in this section are hereby authorized to be made in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state or federal agency designated by such laws or regulations to receive such amounts.

(c)

There shall be appropriated from available funds such amounts at such times as may be required by applicable state or federal laws or regulations for employer's contributions, which shall be paid over to the state agency designated by such laws or regulations to receive same.

(d)

The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations.

(e)

The city hereby adopts the terms, conditions, requirements, reservations, benefits, privileges and other conditions thereunto appertaining of title II of the social security act, as amended, for and on behalf of all the officers and employees thereof, except any official or employee who occupies any position, office or employment not authorized to be covered by applicable state or federal laws or regulations.

(Code 1968, § 20-3)

Cross reference— Pensions, ch. 39.

State law reference— Social security coverage for municipalities, 29 Del. C. § 5706.

Sec. 2-153. - Payroll deductions; authorization; rules and regulations.

(a)

The city treasurer may, upon written direction received from any person holding office in the city or in the employ thereof, or by any board, agency or commission receiving or expending money for the city, deduct from such person's compensation such sums as the person shall in writing direct for the purchase of any bonds or certificates of indebtedness issued by the United States, or for the payment of contributions to a United Fund, United Community Fund or United Appeals or any agency approved by council and engaged in charitable or public health, welfare and service purposes, or for the payment of premiums for hospitalization or other health insurance plans administered by the American Income Life Insurance Company or such other insurance companies as council may from time to time approve, or for the payment of sums as deferred compensation in accordance with the terms of a duly adopted city deferred compensation plan administered by an administrator approved by council and designated by resolution of council, or for the payment of sums into an employee's individual retirement account administered by a bank with an office in this city and selected by the employee and the city treasurer shall pay such amounts as authorized and for the purposes stated, and the city auditor shall give approval thereto. Such authorization may be withdrawn in writing at any time. No funds may be withheld from the compensation of any such officer or employee for the purposes permitted by this section unless the withholding is specifically, freely and voluntarily authorized in writing.

(b)

The city treasurer is hereby authorized and empowered to prescribe and adopt rules and regulations designed to effectuate and carry out the terms and provisions of this section.

(Code 1968, §§ 20-4, 20-5)

Sec. 2-154. - Personal liability of employees, etc., of department of licenses and inspections.

No member, officer, employee or agent of the department of licenses and inspections shall be sued or held to liability for any act done or omitted in good faith and with ordinary discretion on behalf of or under the department of licenses and inspections or pursuant to statutes, charter provisions, ordinances, rules and regulations under which such department has authority to act.

(Code 1968, § 33-4; Ord. No. 92-053(sub 1), § 1(i), 7-2-92)

State law reference— Tort liability of municipal officers and employees, 10 Del. C. § 4011.

Sec. 2-155. - Right of entry of officers of department of licenses and inspections.

The commissioner and such officers and employees of the department of licenses and inspections who are authorized to do so may without fee or hindrance enter, examine and inspect all vessels, premises, grounds, structures, buildings, and every part thereof and all underground passages of every sort in the city for compliance with the provisions of law enforced by such department and their rules and regulations, and may make plans, drawings and descriptions thereof according to the rules of such department. The owner or his agent or representative and the lessee or occupant of any such premises, grounds, structures, buildings and every part thereof and all underground passages of every sort in the city and every person having the care and management thereof, shall at all times, when required by any such officers or employees, give them free access thereto, and refusal so to do shall be an offense punishable upon conviction thereof after trial before the municipal court by a fine of not less than $100.00 for each period of one to seven days of each offense up to a maximum fine of $1,000.00 for each such offense, together with the costs and disbursements of prosecution, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment.

(Code 1968, § 33-5; Ord. No. 92-053(sub 1), § 1(i), 7-2-92)

Charter reference— Inspections generally, § 8-412.

Sec. 2-156. - Reserved.

Editor's note—

Ord. No. 04-051, § 1, adopted July 8, 2004, repealed section 2-156 in its entirety. Former section 2-156 pertained to reports of auditor to mayor and council, and derived from the Code of 1968, § 20-5.8.

Sec. 2-157. - Code enforcement constables.

(a)

Appointment. The mayor may appoint the commissioner of licenses and inspections and the deputy commissioner of licenses and inspections and such other employees of the department of licenses and inspections, specifically including the zoning administrator for purposes of the zoning code, the mayor's office, and additional departments, including the department of planning and development and its position of design review and preservation coordinator for purposes of historic district zoning code enforcement, and additional departments as the mayor deems necessary to enforce all ordinances pertaining to building, housing, sanitation or public health, zoning and historic district zoning, specifically including, but not limited to, the provisions of chapters 5, 13, 34 and 48 of this Code. In addition, the mayor and the commissioner of public works may together designate employees of the Wilmington Downtown Business Improvement District, who have been recommended by the district's management, to act as constables, specifically for and limited to the city's code enforcement efforts regarding litter control and trash and garbage placement at curb-side or other designated locations for trash and garbage collection for purposes of assisting the city in its code compliance and code enforcement efforts.

(b)

Duties; authorities; issuance of citations. The code enforcement constables appointed pursuant to the provisions of this section may enforce the provisions of this Code and those ordinances pertaining to building, housing, sanitation or public health and zoning codes and may do so by issuing written citations, in lieu of arrest, to any person or to the agent for any of the same, for violations of the provisions of such ordinances and codes. The issuance of citations pursuant to this section shall also be a procedure in lieu of, and not in addition to, the issuance of a notice of violation as may be otherwise provided in any of such codes. No citation so issued shall be construed to be a notice of violation as that term is used in any of such codes.

(1)

The citation for code violations shall be on forms approved by the commissioner of licenses and inspections and shall require the appearance by the person to whom it is issued in the municipal court on the date or within the time specified in the citation; provided, however, that for certain violations as deemed appropriate by the commissioner of licenses and inspections, a violator may pay the fine prescribed for the violation as a voluntary assessment, in lieu of a court appearance, either in person or by mailing the citation and the amount of the fine to the municipal court. If the person to whom a citation has been issued fails to appear in answer to the citation or to pay the fine prescribed for the violation on the date or within the time specified in the citation, a warrant for his arrest may be issued and he may be found in contempt of the municipal court of the city.

(2)

A code enforcement constable may lawfully issue a citation to any person he has reasonable ground to believe has committed a violation of any building, housing, sanitation or public health or zoning ordinance or code provision, whether the violation was committed in his presence.

(c)

Limitations of authority. Code enforcement constables appointed pursuant to the provisions of this section shall be authorized to enforce only those provisions of this Code and ordinances pertaining to building, housing, sanitation or public health and zoning.

(1)

Notwithstanding the provisions of any other law, a code enforcement constable appointed pursuant to the provisions of this section shall not have jurisdiction outside the limits of the city.

(2)

Code enforcement constables appointed pursuant to the provisions of this section shall not be permitted to carry firearms while on duty as code enforcement constables.

(Code 1968, § 20-2.1; Ord. No. 97-025, § 1, 4-17-97; Ord. No. 97-049, § 1, 7-10-97)

Sec. 2-158. - City physician.

The position of city physician, which is a position in which a duly licensed medical doctor serves as the physician for city employee cases, shall be subject to being filled by one or more duly licensed medical practitioners, as herein provided, during fiscal year 1995 through requests for proposals from area physicians and by one or more contracts, each to be approved by a majority of all members of council, for a term of two years or more and by the same procedure thereafter. The purpose of a specific term shall be to assure continuity of service without sacrificing the city's right to conduct a periodic review of such services.

In any such requests for proposals, the city administration shall provide a detailed scope of services to be provided to the city. The term "city physician" shall mean an individual medical practitioner, or more than one medical practitioner in a group medical practice, or a larger organization specializing in public sector occupational health care. The city administration shall also be authorized to utilize the preferred provider organization ("PPO") that is available to the city government under the point-of-service program. Such services may include, but are not limited to, routine physician examinations for uniformed services personnel, return-to-duty evaluations for injured employees, and treatment for minor work-related injuries.

(Ord. No. 94-037(sub 1), § 1, 7-14-94)

Section 2-159. - City officer and employee bonus payments.

(a)

Except as may be provided in any agreement between the city and a collective bargaining unit for city employees, the City Code or authorized by city council, no city officer or employee shall be eligible for or receive any bonus in any fiscal year. In that regard, no provision in any annual operating budget or operating budget ordinance shall contain any appropriation or authorization for such payment of any such bonus except in connection with a collective bargaining agreement, pursuant to a City Code provision, or authorized by city council.

(b)

The term "bonus" in this section shall mean and include the following: The payment of any amount of money, in cash or by check, that is in excess of the officer or employee's annual salary, or any cash-equivalent benefit beyond the officer or employee's city benefits, during any fiscal year, except as provided by collective bargaining agreement, City Code, or authorization of city council.

(c)

In the event of any violation of the provisions of this section, the recipient of any bonus shall reimburse the city for the full amount of any such unauthorized bonus.

(Ord. No. 96-004, § 1, 2-16-96)

Sec. 2-160. - Notice to city council of uncorrected building, housing and health and sanitation code violations.

Whenever the department of licenses and inspections or other authorized department, board or commission of the city administration, has found it necessary to cite a property owner or owners, or agents for the owners, three times or more for the same violation of the city's building, housing or health and sanitation code requirements, and the condition by such owner or owners or agents for the owners, then and in that event, the said department, board or commission shall provide written notification to the president and members of city council of the fact of such third citation without correction of such condition constituting violation of city code requirements. Such notice shall be for informational purposes and shall also be provided to the neighborhood or community organization within the area in which the subject property is located.

(Ord. No. 96-052, § 1, 8-22-96)

Sec. 2-161. - Unlawful collection of documents once distributed.

(a)

Prohibited acts. Any written materials that have been authorized to be distributed at a public meeting which is subject to the Delaware Freedom of Information Act, and have been so distributed, shall not be recalled by the issuing body. No city officer or employee who is the authorized provider, disseminator, or distributor (hereinafter "distributor") of any such written document or material at or during any meeting that is subject to the provisions of the Delaware Freedom of Information Act of any city committee, board, commission or other public body shall collect or cause or direct any other person to collect or attempt to collect from any recipient such document or any copy thereof, during, or at the conclusion of, or after such meeting at which the written document was so provided, disseminated or distributed.

(b)

Exceptions. There shall be exceptions to the prohibition of collection of distributed documents set forth in subsection (a) hereof; they are:

(1)

The collection or recall of any such written document or material pursuant to applicable provisions of the Delaware Freedom of Information Act;

(2)

When any such recipient of any such document on a completely voluntary basis returns such written document to the distributor, as defined in subsection (a) hereof, during, at the conclusion of, or after such public meeting; and

(3)

When any such recipient of any such written document leaves the written document or a copy thereof at the place of the public meeting when such recipient leaves the meeting and does not return, such that the written document shall thereafter be deemed to have been abandoned by such recipient and may be collected by the distributor of the written document prior to the distributor leaving the place of the meeting.

(Ord. No. 99-013, § 1, 2-26-99)

Sec. 2-162. - Use of telephone message box services by city departments, divisions.

(a)

All city departments and divisions shall require that the main telephone number or numbers for that department or division be answered by a person who can direct each call to the proper person or department within that agency during normal business hours. Normal business hours shall mean each Monday through Friday, except those days designated as holidays, during the hours in which the staff of that agency is scheduled to work.

(b)

Nothing in this section shall prohibit the use of voice mail connected to other phone lines within the department or division. However, any such voice mail message shall contain a description of normal business hours and an option in which the caller can speak to a person during normal business hours.

(Ord. No. 00-050, § 1, 3-15-01)

Secs. 2-163—2-175. - Reserved.