Legislator suggests Levy Court could be restructured instead

Delaware State News

DOVER — Kent County may someday switch to a "council" form of government, but don’t hold your breath.

"I don’t foresee that happening in my lifetime," said Kent County Levy Court President P. Brooks Banta. "We need to retain our heritage."

The issue coalesced last week when Levy Court proposed eliminating two row offices — comptroller and receiver of taxes — and the board of assessments as a cost-cutting measure.

The move met resistance in the General Assembly in part because Kent County’s governing body is deemed outmoded.

The chief opponent of the Levy Court’s proposal, Sen. Bruce Ennis, D-Clayton, said Friday it makes more sense to restructure the county government — as was done with New Castle and Sussex counties — than reorganize a bit at a time.

"I just told them, ‘Why do you want to eliminate the offices?’ and they said because the other counties did the same thing," Sen. Ennis said. "And why do you think they don’t have them? Because they’re not Levy Courts."

The General Assembly must sign off on any changes in Kent County government because the county structure is part of the Delaware Code.

Chapter 9 of the Delaware Code specifies that Kent County shall elect a receiver of taxes every four years (Chapter 41), appoint a three-member Board of Assessment every four years (Chapter 82), and elect a comptroller every for years (Chapter 93) to audit the county’s finances.

Levy Courts were created more than 300 years ago strictly to collect taxes from landowners in the regions that were to become Delaware’s three counties.

But times have changed. Kent County’s governing body is the last Levy Court in the United States.

Levy commissioners say they’re merely seeking ways to cut costs, the same as New Castle and Sussex counties.

New Castle County reorganized from a Levy Court into a "council" form of government in 1967, with Sussex County following in 1970.

In Sussex County, the position of prothonotary was absorbed by Delaware Superior Court in 1987, and the register in chancery was absorbed by the Delaware Chancery Court in 2002, according to spokesman Chip Guy.

Similarly, New Castle County eliminated its prothonotary office about 15 years ago, and its register in chancery was taken over by the state in 2002, according to spokesman C.R. McLeod.

"We were losing about $2,000 a year by operating that office," Mr. McLeod said.

Fourth District Levy Court Commissioner Eric L. Buckson, the sole Republican on the six-member panel, said that eliminating the positions would save the county about $250,000 a year.

Mr. Buckson is baffled that the state would make it so difficult to enact cost-cutting measures.

"If the state thinks [keeping the offices] is a good idea, tell ’em to cut us a check for a quarter-million dollars," he said.

Fifth District Levy Court Commissioner Jody Sweeney noted that comptroller Georgette Williams’ term doesn’t expire until 2012, and that receiver of taxes Joyce Melvin has already announced her plan to take advantage of the county’s early retirement incentive at the end of June.

"To me this is very much a long-term proposal," said Mr. Sweeney. "It’s not something we have to address right now. We’re looking at four or five years down the road."