(Ken Garver image)
(DelCOG) John Flaherty writes ~ Let me know what you think about the proposed New Castle County Council Ordinance 19-120;
Email Flaherty at jdf000000@gmail.com and ask to add your name to this support letter !
New Castle County Councilperson David Carter is planning on advocating for a proposed New Castle County Ordinance that deals with government transparency and openness
Currently, the New Castle County code has a stipulation that the New Castle County Council must submit legislation related to land use to the New Castle County Executive Branch 14 working days in advance of introduction for their review and comment.
Carter thinks the intent of this review was to ensure good legislation with added expertise from the New Castle County Administration.
However, this prior approval of legislation can allow for backroom political manipulation without any public transparency when the Executive and Legislative Branch have different policy positions.
It also raises some questions of oversight and the separation of powers, as it may at times, give the Executive Branch Control over the legislative branch.
[Linked below] is a copy of the New Castle County legislation that Carter introduced on December 10.
Carter's legislation essentially makes it discretionary for a council member to submit legislation to the administration before its introduction, not mandatory.
New Castle County Council is a separate branch of government, the legislative.
I agree with Carter and believe that the New Castle County Administration should not control the introduction of our legislation, especially without full public and open disclosure.
Council members can, and in most cases, should try to work with the New Castle County Administration in advance, but doing so would be at Council's discretion if this ordinance passes.
This Ordinance only affects the pre-introduction of legislation.
Post introduction the process does not change and the New Castle County Dept. of Land Use gets five opportunities to comment and propose changes, all in a more transparent public arena.
The five opportunities include the PLUS meeting, the Planning Board Hearing, the Planning Board Business Meeting, the County Council Committee Meeting, and the County Council Meeting - All of which the public can transparently see unfold and also have some input at three of these review steps.
Government policy debates should be done in public view, as sunshine is a great disinfectant.
John Flaherty, Director,
Delaware Coalition for Open Government
SYNOPSIS: This proposed Ordinance clarifies the process to be applied when a related text amendment to New Castle County Code Chapter 40 (“UDC”) is proposed. Among other things, the Ordinance is intended to promote cooperation among the branches of government. In particular, the proposed Ordinance clarifies that a County Council member, at their discretion, may submit proposed legislation to the Department of Land Use for comment by the Department (and the Department of Law) prior to introducing such legislation. In such situations, the Departments will have 10 working days to provide the Council member with their comments, if any. The proposed revision to the timeline (from 14 days to 10 days) is consistent with similar changes that were recently made to the Rules of Civil Procedure.
Moreover, aside from proposed revisions to clarify the process to make it more efficient , the proposed Ordinance does not alter the process post-introduction (i.e., at Sections B – E, excepting non-substantive clarifications) whereby, prior to County Council’s consideration of the legislation, the Departments will still have several opportunities (at the PLUS public meeting, at the Planning Board public meeting, at the Council Committee meeting, and, finally at the Council general meeting) to provide comment and recommendations regarding the legislation, where the Departments feel appropriate.
And please, CLICK THROUGH HERE and click onto the February 4, 2020 NCC Land Use Committee meeting audio icon to listen to the discussion last Tuesday between council members and CE Meyer's DLU GM Rich Hall, Council to Council Mike Migliore, County Attorney Wilson Davis, and DLU former GM George Haggerty.
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