CHAPTER 224

WILMINGTON

PROVIDING FOR A DEPARTMENT OF HEALTH

AN ACT TO AMEND CHAPTER 207 OF VOLUME 17, LAWS OF DELAWARE, ENTITLED " AN ACT TO REVISE AND CONSOLIDATE THE STATUTES RELATING TO THE CITY OF WILMINGTON," AS AMENDED BY CHAPTER 557 OF VOLUME 20, LAWS OF DELAWARE, BY PROVIDING. FOR A DEPARTMENT OF HEALTH FOR THE CITY OF WILMINGTON IN LIEU OF THE BOARD OF HEALTH, AND DEFINING ITS AUTHORITY, JURISDICTION, POWER AND DUTIES, TERM OF OFFICE AND SALARY.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the Members elected to each Branch thereof concurring therein):

Section 1. That Section 136 of Chapter 207, Volume 17, Laws of Delaware, as the same was amended by Chapter 557, Volume 20, Laws of Delaware, be and the same is hereby amended by striking out said section and inserting in lieu thereof the following:

On and after the Thirtieth day of June, A. D. 1949, there is hereby created a department for "The Mayor and Council of Wilmington," to be known as the "Department of Health" which shall consist of six members, who shall be appointed by the Mayor, subject to confirmation by The Council, from the citizens of the City of Wilmington. Two members shall be appointed to serve for four years, two for three years, and two for two years beginning on the First day of July next succeeding their appointment and until their successors qualify. Following the expiration of the term of office of each member, his successor shall be appointed to serve for four years and until his successor shall qualify. No more than three members of the Board shall belong to the same political party, nor shall any member hold any other

municipal office while serving as a member of the Department of Health. At least two members of the department shall be licensed physicians of the State, and one member shall be a licensed plumber. Upon the organization of the Department of Health appointed under and in accordance with the provisions of this Act, the terms of office of the members of the present Board of Health shall immediately terminate, but the present Board of Health shall continue until the First day of July, A. D. 1949. Vacancies in the said department, caused by death, resignation or otherwise shall be filled by the Mayor for the residue of the unexpired term, and shall also be subject to confirmation by The Council. Any member may be removed for malfeasance in office by the Mayor with the concurrence of two-thirds of all the members elected to the Council.

Section 2. On and after the first day of July, A. D. 1949, the said Department of Health shall have all the powers, authority, and jurisdiction conferred and shall be subject to all the duties enjoined upon members of the Board of Health of the City of Wilmington by the laws of this State and the ordinances of the said City relative to the Board of Health of the said City. The said members of the Department of Health shall each receive a salary of seven hundred and fifty dollars per year, to be paid to them as other salaried officials of the City of Wilmington are paid; provided, however, that such salaries may be increased by The Council in the manner provided by law. *

Approved June 8, 1949.