AMENDING CHARTER OF CITY OF WILMINGTON
AN ACT TO AMEND THE CHARTER OF THE CITY OF WILMINGTON, AS AMENDED, BY PROVIDING THE POWER OF VETO IN THE MAYOR WITH RESPECT TO ALL RULES AND REGULATIONS ENACTED OR ADOPTED BY ANY BOARD, COMMISSION OR DEPARTMENT OF SAID CITY HAVING THE EFFECT OF LAW AND NOT FOR THE INTERNAL ADMINISTRATION OR FOR THE MANAGEMENT OF THE AFFAIRS OF SAID BOARD, COMMISSION OR DEPARTMENT, AND PROVIDING A MEANS FOR THE ADOPTION OF SUCH RULES OR REGULATION OVER SUCH VETO.
Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members of each Branch thereof concurring therein):
Section 1. On and after the passage of this Act, no rule or regulation enacted or adopted by any Board, Commission or Department of The Mayor and Council of Wilmington having the effect of law, and being other than a rule or regulation for the internal administration or for the management of the affairs of said Board, Commission or Department, shall become effective until such rule or regulation shall receive the written approval of the Mayor, unless the Mayor shall neglect or refuse to act upon said rule or regulation for a space of thirty days after the same shall have been forwarded to him, in which case the said rule or regulation shall at the end of said period become effective as though it had been approved by the Mayor.
Should the Mayor not approve such rule or regulation, he shall within thirty days after the same has been forwarded to him, return it to the Board, Commission or Department which adopted it, and shall in writing set forth his objections thereto. Thereafter, the Board, Commission or Department shall, at its next regular meeting, after the return of said rule or regulation, enter the objections at large in its journal and proceed to reconsider it. If, upon such reconsideration said rule or regulation shall be again adopted and by the vote of all of the members of
said Board, Commission or Department, they shall within two weeks of said adoption transmit the same to the Council for its consideration.
The Council shall thereafter consider said rule or regulation in the same manner as a proposed ordinance, and if, after a third and final reading thereof, said rule or regulation shall receive the affirmative vote of two-thirds of all members elected to Council, the same shall without further submission to the Mayor, become a rule or regulation of the Board, Commission or Department which first adopted the same.
Approved June 4, 1958.