Delaware § 4502 - Membership; qualifications; terms [Effective July 1, 2028].

§ 4502. Membership; qualifications; terms [Effective July 1, 2028].

(a) The Commission consists of 17 members. Membership is composed as follows:

(1) Nine members appointed by the Governor, 3 from each county in the State.

(2) Three members appointed by the Speaker of the House of Representatives.

(3) Three members appointed by the President Pro Tempore of the Senate.

(4) Notwithstanding § 4503(b) of this title, after the other appointing authorities have appointed 15 members in accordance with paragraphs (a)(1) through (a)(3) of this section, the Commission shall appoint 2 members by an affirmative vote of a majority of all appointed members.

(b) (1) Members appointed under paragraphs (a)(1) through (a)(4) of this section serve at the pleasure of the appointing authority and may be removed by the member’s appointing authority for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office.

(2) An appointing authority may consider that appointing authority’s member who is in neglect of duty in office or ceases to meet a county representation to have resigned and may accept the member’s resignation.

a. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Commission meetings or attends less than 50% of Commission meetings in a calendar year, unless a majority of the Commission excuses the member for good cause.

b. A member ceases to meet a residency requirement if the member is no longer a resident of the county in which the member resided when appointed to the Commission and the residency was a requirement of the appointment.

(c) All members of the Commission must identify as a person of Hispanic descent, be a person of Hispanic origin, or have a proven track record of working with people of Hispanic descent in Delaware.

(d) All members of the Commission must be part of at least 1 of the following:

(1) The business community.

(2) The education community.

(3) The health-care community.

(4) A Delaware state government agency.

(5) The nonprofit community.

(6) The legal community.

(7) The finance community.

(8) The arts or cultural community.

(e) The Commission shall elect 1 chair and 1 vice chair from among its members. If the chair becomes vacant, the Commission shall elect a new chair at its next meeting. If the vice chair becomes vacant, the Commission shall elect a new vice chair at its next meeting.

(f) In addition to duties that the Commission may create in its bylaws, the chair of the Commission has all of the following duties:

(1) Setting a date, time, and place for meetings of the Commission.

(2) Supervising the preparation and distribution of meeting notices, agendas, minutes, and other documents prepared by or on behalf of the Commission.

(g) If the chair becomes vacant, then the vice chair shall perform the duties of the chair until a replacement is elected by the Commission. If there is no vice chair, then the Secretary of State, or the Secretary’s designee, shall perform the duties of the chair until a replacement is elected by the Commission.

84 Del. Laws, c. 426, § 2;  84 Del. Laws, c. 426, § 3;