TITLE 9

Counties

County Officers

CHAPTER 92. DEPUTIES AND CLERKS


All deputies and clerks shall be under the control of the officer by whom they are selected and employed, who may discharge any such deputy or clerk at any time. The officer shall be responsible for all the official acts, neglects and defaults of all deputies and clerks that officer employs.

23 Del. Laws, c. 60, § 10; Code 1915, § 1441; Code 1935, § 1600; 9 Del. C. 1953, § 9201; 70 Del. Laws, c. 186, § 1.;

The chief deputy or, if there is no chief deputy, the deputy employed by each of the officers shall be possessed of all the authority of their respective offices, and in the absence or disability of the duly elected officer, the chief deputy or deputy of such officer shall perform all the duties of the office, until the vacancy so created shall be filled as required by the Constitution or statutes of the State.

23 Del. Laws, c. 60, § 9; 27 Del. Laws, c. 73, § 1; Code 1915, §§ 1275, 1439; 29 Del. Laws, c. 77, § 1; 29 Del. Laws, c. 91, § 1; 35 Del. Laws, c. 76, § 2; 40 Del. Laws, c. 139, § 2; Code 1935, §§ 1478, 1598; 43 Del. Laws, c. 120, § 1; 44 Del. Laws, c. 100, § 3; 9 Del. C. 1953, § 9202.;

The salaries of deputies and clerks, payable by Kent County, shall be paid to them by warrants drawn by the government of Kent County on the Receiver of Taxes and County Treasurer, upon the certificate in writing of the officer employing them that they have faithfully performed their duties during the preceding month.

23 Del. Laws, c. 60, § 9; 24 Del. Laws, c. 87, § 2; 27 Del. Laws, c. 73, § 1; Code 1915, § 1440; 32 Del. Laws, c. 85, § 1; 36 Del. Laws, c. 126, § 1; 40 Del. Laws, c. 136, § 2; Code 1935, § 1599; 43 Del. Laws, c. 120, § 2; 9 Del. C. 1953, § 9203; 51 Del. Laws, c. 103, §§ 2, 3; 54 Del. Laws, c. 203, § 2; 55 Del. Laws, c. 85, § 27A; 57 Del. Laws, c. 762, § 26A.;

(a) Except as provided otherwise by law, the Resident Judge of New Castle County may authorize any county officer in his or her County, whose office is a constitutional office, to employ clerks in addition to those specified by law when such Judge deems such employment necessary for the proper performance of the public work required of such officer. In Kent County, the county government may fix the number of clerks employed.

(b) Any additional clerks employed under the provisions of subsection (a) of this section, shall receive the same compensation as is fixed by law for the other clerks performing like or similar services, and shall be paid in like manner.

Code 1915, § 1439; 29 Del. Laws, c. 91, § 1; 29 Del. Laws, c. 92, § 1; 30 Del. Laws, c. 91, § 1; 31 Del. Laws, c. 13, § 16; 32 Del. Laws, c. 67, § 1; 35 Del. Laws, c. 79, § 1; 40 Del. Laws, c. 139, § 2; Code 1935, §§ 1191, 1598; 43 Del. Laws, c. 120, § 1; 44 Del. Laws, c. 100, § 2; 45 Del. Laws, c. 137, § 1; 9 Del. C. 1953, § 9204; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 213, § 6.;

The provisions of this chapter shall not apply to New Castle County. In New Castle County the provisions of [former] subchapter IX of Chapter 13 of this title [repealed] shall apply.

9 Del. C. 1953, § 9206; 55 Del. Laws, c. 85, § 27B.;

The provisions of this chapter shall not apply to Sussex County. In Sussex County, the provisions of § 7006 of this title shall apply.

9 Del. C. 1953, § 9207; 57 Del. Laws, c. 762, § 26B.;