City of Lewes, DE Article IV Delegations and Clarifications of Authority

[Adopted 12-14-2020[1]]

[1] Editor's Note: The adopting ordinance provided that, in this article, the term "City Council" or "Council" means the body comprising the Mayor and other City Councilpersons, and the term "City Councilperson" or "Councilperson" includes the Mayor as well as other City Councilpersons.

§ 1-18 Authority of Mayor.

In addition to the Mayor's authority granted by the Charter or elsewhere in this Code, the Mayor is authorized as follows:

A. Emergencies. The Mayor is authorized to act on behalf of the City, without prior Council approval, in a sudden emergency requiring prompt action in order to protect the public health, safety, or welfare of the City or its residents and property owners. A "sudden emergency," for purposes of this subsection, shall include, by way of example and not in limitation, a major fire, flood, or storm threatening significant damage; a civic disturbance; and a toxic spill. A "sudden emergency" shall also include any emergency declared by Sussex County, the State of Delaware, or any federal agency having jurisdiction over the City where the scope of the emergency so declared includes the City and there is no time for the Council to meet before actions need to be taken. The Mayor shall as soon as possible notify each Councilperson, by the means most likely to be effective, of any action so taken.

B. Intergovernmental relationships. The Mayor may represent the City in intergovernmental relationships, provided that he or she shall not have the power to take positions on issues affecting the City, or to commit the City to monetary or nonmonetary obligations, without the prior, express consent of the Council, and provided that the City Council may assign specific relationships, such as liaison to the County Council, to others.

C. Ceremonial purposes. The Mayor shall be recognized as the head of the City government for all ceremonial purposes.

§ 1-19 Authority of City Councilpersons.

A. Access to books and records. Each Councilperson shall have access to all books and records of the City on request, without prior oral or written notice, as soon as reasonably possible but subject to reasonable safeguards of the integrity of the records.

B. Access to personnel. Each Councilperson may communicate with any employee or agent of the City, while Councilpersons are encouraged to keep the City Manager informed of the communications. Any request for action must be directed to the City Manager.

C. Authority to represent City. The public is hereby on notice that no Councilperson has the right or power to represent the City, to speak for the City, or to bind the City to any monetary or nonmonetary obligation, orally or in writing, on any matter without the prior, express approval of the Council. If a Councilperson does purport to represent, speak for, or bind the City without such Council approval, the Council may publicly disclaim the relevant statements or obligations, but it need not, and in any case the City hereby makes clear that it will not be bound by such statements or purported obligations.

D. Agendas. Any two Councilpersons may require that an item be added to a Council agenda, provided that there is time before the relevant meeting for notice as required by statute.

§ 1-20 Authority of City Manager.

In addition to specific authorizations elsewhere in this Code, the City Manager (including an Acting City Manager during the absence, disability, or suspension of the City Manager) shall have the following duties, powers, and limitations:

A. Management. The City Manager shall manage all operations of the City, subject to the oversight of the Council.

B. Staff. The City Manager shall supervise and manage all employees and agents of the City other than Councilpersons.

C. Professional advice and representation. The City Manager may seek the advice of attorneys, engineers, and other professionals and consultants that have been retained by the City within the scope of their engagements, but may not retain new professionals and consultants or expand the scope of their engagements without Council approval. The City Manager may not initiate litigation before any court or agency without Council approval.

D. Expenditures. The City Manager may make or approve operational and capital expenditures subject to the operations and capital budgets approved by the Council.

E. Contracts. The City Manager may execute contracts for goods and services, subject to approval of the Council for any purchases exceeding $25,000 or for which competitive bidding is required under § 14 of the Charter ("Contracts"). The City Manager may not commit the City to a nonmonetary obligation without the prior consent of the Council.

F. Signatures. The City Manager shall execute, or authorize a subordinate to execute, all documents binding or representing the City, unless the Council either executes the document itself by the signatures of individual Councilpersons or expressly authorizes a specific Councilperson or other individual to sign the document.

G. Reports. The City Manager shall report to the Council monthly on the previous month's activities and shall report as often as appropriate to keep the Council informed of City matters on a timely basis. The City Manager shall immediately notify the Council of anything that may reasonably be foreseen to result in litigation involving the City.

H. Agendas. The City Manager shall prepare an agenda for each Council meeting far enough in advance of the statutory deadline, when reasonably possible, for Councilpersons to review and request amendments to it. The City Manager shall also provide all supporting information that is necessary or useful for consideration of the agenda far enough in advance of the meeting to enable Councilpersons to review and digest the information.

I. Ultimate authority of City Council. Notwithstanding the other provisions of this article, the Council reserves the right at any time to resume its immediate exercise of all authority granted to it under the Charter.