Local service functions; subcategories; responsibility for performance

# (a)

New Castle County may divide a local service function into subcategories on forms used under § 1128 of this title. A subcategory of a local service function constitutes a local service function.

# (b)

The responsibility for all or part of a local service function in a municipality is established as set forth under the approved budget enacted for fiscal year 2023 under § 1155 of this title, or by the later of any of the following:

# (1)

A municipality provides timely notice of a change in degree of performance of a local service function to New Castle County under § 1127(d)(2) of this title.

# (2)

New Castle County and a municipality enact ordinances transferring responsibility for performance of a local service function under subsection (c) of this section.

# (3)

A service performed by a municipality is classified as a local service function under subsection (d) of this section.

# (4)

A new local service function is established under § 1128 of this title.

# (c)

# (1)

Responsibility for the performance or funding of a local service function may be transferred between New Castle County and a municipality by concurring affirmative action in the form of an ordinance enacted by the County Council of New Castle County and of the governing body of the municipality.

# (2)

The ordinances transferring a local service function under paragraph (c)(1) of this section must state all of the following:

a. The nature of the local service function transferred.

b. The effective date of the transfer.

c. The manner in which affected employees engaged in the performance of the local service function will be transferred, reassigned, or otherwise treated.

d. The manner in which real property, facilities, equipment, or other personal property required in the exercise of the local service function will be transferred, sold, or otherwise treated.

e. The method of financing to be used in the exercise of the local service function received.

f. Other legal, financial, and administrative arrangements necessary to effect transfer of the local service function in an orderly and equitable manner.

# (d)

# (1)

If a municipality is performing a service that is included in the New Castle County general operating budget, the municipality may request that the service be classified as a local service function in the next fiscal year by providing a notice to New Castle County by August 1 that states all of the following:

a. The service that is included in the New Castle County general operating budget.

b. The degree of performance.

c. The date municipality began performing the service.

# (2)

New Castle County may request, and the municipality must provide, additional information that may reasonably be needed to determine the degree of performance of the service by the municipality.

# (3)

By November 1, New Castle County shall notify the municipality of New Castle County’s determination regarding the municipality’s request under paragraph (d)(1) of this section.

# (4)

If a municipality is unable to reach agreement with New Castle County regarding the municipality’s request under paragraph (d)(1) of this section, the municipality may demand arbitration under the procedure in § 1128(d) of this title.

# (e)

[Repealed.]