Del. Code Ann. tit. 2, § 1502
Appointment; composition; qualifications; term of office; removal; compensation
84 Del. Laws, c. 58, § 1;
(a) The Council is composed of 17 members, as follows:
- (1) The Secretary of the Department of Transportation.
- (2) The Secretary of the Department of Safety and Homeland Security.
- (3) The chair of the State Council for Persons with Disabilities.
- (4) The Americans with Disabilities Act Title II [42 U.S.C. § 12131 et seq.] coordinator with the Department of Transportation.
- (5) The Americans with Disabilities Act Title II [42 U.S.C. § 12131 et seq.] coordinator with the Department of State.
- (6) The chief executive officer of the Delaware Transit Organization.
- (7) The general manager of the Department of Land Use of New Castle County.
- (8) The director of the Department of Land Use and Planning for the City of Wilmington.
- (9) The director of the Department of Planning Services for Kent County.
- (10) The director of the Sussex County Planning & Zoning Office.
- (11) The executive director of the League of Local Governments.
(12) The Governor shall appoint 6 Delaware citizens with knowledge of pedestrian matters and comprised as follows:
- a. A resident of New Castle County.
- b. A resident of Kent County.
- c. A resident of Sussex County.
- d. Three who reside anywhere in Delaware and have a physical disability, developmental disability, or visual impairment.
(b) (1) A member who serves on the Council by virtue of position may appoint a designee to serve in the member’s stead and at the member’s pleasure.
- (2) At least 1 of the members appointed under paragraph (a)(12) of this section must represent the business community of this State.
- (3) A member appointed under paragraph (a)(12) of this section serves for a term of 2 years. The Governor may appoint a member under paragraph (a)(12) of this section for a term of less than 2 years to ensure that the members’ terms expire on a staggered basis.
- (4) A member appointed under paragraph (a)(12) of this section serves until a replacement is appointed under the same process as the member’s appointment.
- (5) The Governor may remove a member under paragraph (a)(12) of this section for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular council meetings without good cause or fails to attend at least 50% of all council meetings in a calendar year. The Governor may consider the member to have resigned and may accept the member’s resignation.
- (c) A council member receives no compensation but may be reimbursed the member’s actual and necessary expenses incurred in the performance of the member’s official duties.