The departments, commissions and boards under the direct supervision of Council shall be as set forth in §
6-15A of this chapter, with such duties and organizations as are detailed by this article.
[Amended 1-18-2023 by Ord. No. 2023-1]
A. Function of Board of Elections. The Board of Elections
shall be responsible for managing voter registrations, conducting
elections, and managing filings of campaign-finance records, as required
or authorized by federal, state, and local laws.
B. Membership. The three members of the Board of Elections
shall be selected by Council with representation as provided in Section 421
of the Charter.
(1) The
representative of the minority party (as described in Section 421
of the Charter) shall be selected by Council from a list of three
nominees submitted by that minority party's County Chair or Council
may reject such list and request a new list of nominees.
(2) If no
list is provided to Council within i) 30 days of a vacancy on the
Board of Elections or ii) 10-+-
days after Council rejects a list as described above, Council
may appoint any member of the minority party.
C. Powers and duties. The Board of Elections is responsible
for all elections held in the County of Delaware. The duties of the
Board of Elections shall be to:
(1) Request and receive notices from state and local agencies
as to elected offices to be filled at the next general election pursuant
to the Election Code;
(2) Recommend the division of municipalities into election
precincts and petition the Court, therefor finalize the Court's order,
and advertise the division;
(3) Distribute County nominating petitions and other nominating
papers for the primary election;
(4) Receive and process nominating petitions and nomination
papers;
(5) Prepare lists of all candidates who filed nominating
petitions and nomination papers;
(6) Examine nominating petitions and nomination papers;
(7) Prepare the election database of offices, candidates
and referenda questions, test the balloting equipment, and prepare
paper or electronic poll books;
(8) Prepare sample ballots, election day ballots, absentee/mail-in
ballots, provisional ballots, and all other forms of ballots required
or permitted under applicable laws;
(9) Develop and manage programs to recruit, train, test,
and assign poll workers;
(10) Receive and process political financial reports;
(11) Advertise:
(a)
Offices to be filled for the upcoming election;
(b)
Election divisions; casting of lots for all
candidates who filed nominating petitions;
(d)
List of all polling places;
(e)
Proclamations of election;
(f)
Meetings of the Return Board; and
(g)
Such other election-related events as are required
or authorized to be noticed under applicable laws.
(12) Issue:
(a)
Instructional materials and programs for poll
workers, including: judges of election, majority and minority inspectors,
clerks, machine operators and student poll workers;
(b)
Poll watchers certificates;
(c)
Election observer credentials;
(d)
Certificates of election for elected officials;
(e)
Certified letters for recanvassing of voting
machines;
(f)
Reports and documents to the office of the Secretary
of the Commonwealth (or the designee thereof); and
(g)
Such other election-related certificates, credentials,
reports, documents, and materials as are required or authorized under
applicable laws.
(13) Examine voting certificates for each election district;
(14) Pre-canvass and canvass absentee and mail-in ballots,
including overseas and military ballots;
(15) Certify returns of elections to the office of the
Secretary of the Commonwealth (or the designee thereof);
(16) Make available to the public, receive, and process
applications for—and, upon approval of such applications, issue—absentee
and mail-in ballots;
(17) Prepare lists of approved absentee, mail-in, and military/overseas
voters for all districts that have them;
(18) Examine and adjudicate provisional ballots cast during
any election;
(19) Examine tabulation returns;
(20) Examine and approve (or reject) poll worker pay vouchers;
(21) Complete tabulation of statewide candidates and transmit
to the Secretary of the Commonwealth (or the designee thereof);
(22) Make recommendations regarding petitions for redistricting;
(23) Select and equip polling places, and approve changes
in polling locations;
(24) Request Council to authorize the purchase of election-related
equipment and supplies as determined by the Board;
(25) Sign leases, licenses or other agreements for the
use of facilities as polling places, subject to approval of the County
Solicitor;
(26) Instruct employees in their duties;
(27) Provide proper notice of elections;
(28) Investigate irregularities in elections and refer
election-related matters to law enforcement for investigation or prosecution;
(30) File with the office of the Secretary of the Commonwealth
(or the designee thereof) reports on registered voters as required
by the Election Code or other applicable law;
(31) Update and maintain the voter rolls in accordance
with the Election Code and all applicable laws;
(32) Prepare materials and perform outreach, as needed,
to educate voters, poll workers and campaigns on election schedules
and processes;
(33) Annually prepare, for appropriations, Board and election
expenses for the ensuing fiscal year;
(35) Appoint a Director of Elections (subject to County
Council approval), who shall have power to sign vouchers and administer
oaths, to supervise, oversee, and manage the election functions of
the County, and report to the Board of Elections;
(36) Issue subpoenas in furtherance of, and make rules
regarding, the Board's affairs and election-related matters in the
County;
(37) Preserve and maintain public records and election
equipment in accordance with the Election Code and all applicable
laws;
(38) Ascertain offices to be filled if County classification
is changed;
(39) Appoint a Chief Clerk, who may also be the Director
of Elections, with the power, among other things, to administer oaths.
The Chief Clerk shall carry out the functions of the Chief Clerk at
the direction of the Board of Elections (and the Director of Elections,
if the Director of Elections is not also serving as the Chief Clerk);
(40) Prepare and issue voter certificates;
(41) Perform any recounts ordered by the Secretary of the
Commonwealth or any court;
(42) File certified copies of voting returns;
(43) Initiate legal actions regarding election-related
matters and matters impacting the administration of elections in the
County; and
(44) Perform such other tasks and actions required or authorized
under applicable laws as the Board may determine are necessary or
desirable to oversee and manage the election functions of the County.
D. Voter Registration Commission.
(1) The Voter Registration Commission shall monitor and
receive reports on all activities related to voter registrations and
maintenance of the voter rolls, and shall make determinations, and
shall direct the Voter Registration staff, regarding registration-related
matters, policies, and procedures, consistent with the Election Code
and all applicable laws.
(2) The Board of Elections shall serve as the Voter Registration
Commission.
The Board of Personnel Grievance and Performance Review shall have those duties set forth in Article
IV, §
6-19, and Article
IX, §
6-48, of this chapter.
[Amended 12-1-1992 by Ord. No. 92-5]
A. Function. The Medical Examiner/Coroner shall be responsible
for determining the cause and manner of death in those cases which
fall within the jurisdiction of the Medical Examiner/Coroner.
B. Head. The Office of Medical Examiner/Coroner shall
be headed by a Medical Examiner/Coroner who shall be appointed by
Council.
C. Duties. The duties of the Medical Examiner/Coroner
shall be to:
(1) Perform all duties assigned to coroners by the Second
Class County Code;
(3) Operate such laboratory facilities and conduct such
laboratory tests as are necessary for the performance of the duties
of the Medical Examiner/Coroner.
D. Compensation. After appointment by Council the Medical
Examiner/Coroner may serve as a part-time employee at such per diem
salary as Council may set.
E. Inquest and subpoena powers. The Medical Examiner/Coroner shall have all of the authority and powers vested in a coroner by the Second Class County Code and, in addition thereto, shall have the authority to conduct an inquest without summoning a jury and shall, pursuant to Section 1007 of the Home Rule Charter, have the power to administer oaths, to compel the attendance of witnesses, and to require the production of records or other materials, whether or not in conjunction with an inquest, so long as such subpoenas are used to obtain information in any way relevant to the duties of the Medical Examiner/Coroner as set forth in §
6-72C of this Administrative Code or in the Second Class County Code. It is the intent of the County, in conferring such subpoena powers upon the Medical Examiner/Coroner, that such conferral of authority be liberally construed and that such subpoena powers be as broad as is consistent with the Constitution and laws of the Commonwealth of Pennsylvania.
The Jury Commissioners shall have those powers designated in §
6-88 of this chapter.
[Amended 12-1-1992 by Ord. No. 92-5; 9-17-1996 by Ord. No.
96-2]
A. Function. The Department of Parks and Recreation shall
be responsible for planning, operating, and maintaining the parks
of the County and developing, conducting and supervising recreational
programs. The Department shall be headed by a Director, who shall
also serve as an ex officio member of the Park Board.
B. Duties. The duties of the Department shall be to:
(1) Plan, develop, design and administer all County parks
and recreation facilities;
(2) Organize and conduct recreation programs for all citizens
of the County and confer with municipal and school officials and civic
groups to develop cooperation in meeting recreational needs;
(3) Review conservation plans on all parks as submitted
by the Conservation District and establish task guidelines to implement
said plans;
(4) Maintain all County parks in good condition and eliminate
potential hazards to citizens using the parks;
(5) Identify areas to be acquired and maintained as County
parks, and identify surplus County parcels for sale or trade;
(6) Coordinate security for special events in County parks
in cooperation with the Department of Courthouse and Park Police;
(7) Program recreational and cultural activities in County
facilities;
(8) Prepare funding applications in cooperation with the
Department of Intergovernmental Affairs.
C. Organization. The Department of Parks shall be organized
into the following divisions:
(1) Maintenance and Security shall eliminate hazards and
provide upkeep in County parks and coordinate security and special
events in County parks;
(2) Recreational Services shall do programming of recreational
and cultural activities in County facilities;
(3) Planning and Development shall recommend land acquisition,
park design and development and shall prepare funding applications.
[Amended 7-28-1992 by Ord. No. 92-3; 8-16-2023 by Ord. No. 2023-6]
A. Function. The Board of Assessment Appeals shall be responsible for
tax assessment appeals from real property tax assessments in the County
and other real estate tax assessment functions as provided by the
laws of the Commonwealth of Pennsylvania.
B. Membership and organization. The Board of Assessment Appeals shall
consist of three members appointed by County Council for terms of
four years. The Board shall be convened as required. The qualifications
and compensation of the members of the Board shall be determined by
County Council, and the Board shall be responsible to County Council.
C. Powers and duties.
(1) The Board of Assessment Appeals shall adjudicate appeals from real
property tax assessments in the County and shall have such other functions
relating to the appointment of subordinate assessors and the establishment
of rules and regulations as provided by the laws of the Commonwealth
of Pennsylvania.
(2) The Board of Assessment Appeals shall also have the other tax assessment
functions as provided by the laws of the Commonwealth of Pennsylvania,
including:
(a)
Appoint, with the approval of the County Council, clerks, engineers
and other employees as necessary.
(b)
Promulgate regulations as provided in 53 Pa. C.S.A. § 8852
(relating to regulations and training of boards).
(c)
Hear and determine appeals, as provided in 53 Pa. C.S.A. § 8844
(relating to notices, appeals and certification of values).
(d)
Establish the form of the assessment roll as provided in 53
Pa. C.S.A. § 8841 (relating to assessment roll and interim
revisions).
(e)
Prepare annually and submit to the County Council an estimate
of the expense to be incurred incidental to the carrying out of the
provisions of this chapter.
(f)
Establish a permanent system of records as required by 53 Pa.
C.S.A. § 8834 (relating to assessment records system).
(g)
Participation in all court proceedings to prosecute or defend
its actions and decisions.
[Added 8-12-1980 by Ord. No. 80-3]
A. Function. The Recorder of Deeds shall be responsible
for the operation of the Recorder of Deeds Office with its attendant
facilities, programs and services.
B. Head. The Recorder of Deeds Office shall be headed
by the Recorder of Deeds who shall be appointed by County Council
after the first Monday of January 1980.
C. Duties. The Recorder of Deeds shall have all the duties
and powers granted by commonwealth law, by laws applicable to Counties
of the Second Class A for Recorder of Deeds, by the Home Rule Charter
of Delaware County, by ordinance of County Council, or by this chapter.
[Added 8-12-1980 by Ord. No. 80-3]
A. Function. The Jury Commissioners, along with the President
Judge of the Court of Common Pleas or any other judge of the Court
of Common Pleas designated by him or her, shall make up the Jury Board
which shall be responsible for selecting lists of jurors in the manner
prescribed by law.
B. Duties. The duties of the Jury Commissioners shall
be as prescribed by state law, the Charter or County ordinance.
C. Membership and compensation. Pursuant to Sections 416
and 12131 of the Charter, the Jury Commissioners, after the first
Monday of January 1980, shall number two and shall include one appointee
representing the party with the largest total vote cast in the most
recent County municipal election and one appointee representing the
party with the second ranking vote cast in the most recent municipal
election. Compensation for services of the Jury Commissioners is set
at the rate of $50 per diem not to exceed $1,250 per Commissioner
in any calendar year. The term of office for Jury Commissioner shall
be four years.