CHAPTER 194

AN ACT TO AMEND CHAPTER 197, VOLUME 54, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT REVISING THE PRIOR CHARTER OF THE CITY OF REHOBOTH BEACH AND ESTABLISHING A NEW CHARTER THEREFOR AND PRESCRIBING THE POWERS AND DUTIES OF THE COMMISSIONERS OF REHOBOTH BEACH" TO PROVIDE FOR THE APPOINTMENT OF AN ALDERMAN AND AN ASSISTANT ALDERMAN, ESTABLISHING HIS QUALIFICATIONS AND JURISDICTION AND PROVIDING FOR REMOVAL.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House concurring therein):

Section 1. Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by creating a new Section providing for an Alderman and an Assistant Alderman and establishing his jurisdiction and to be designated as Section 21A, as follows :

ALDERMAN AND ASSISTANT ALDERMAN

Section 21A. (a) The Mayor, upon the approval of this Act, shall appoint some suitable person to act as Alderman and may appoint some suitable person to act as Assistant Alderman. Any person appointed by the Mayor to serve as Alderman or Assistant Alderman shall be at least twenty-one years of age, shall be of good character and reputation and shall be a resident of the City of Rehoboth Beach and shall not be a member of the Commissioners of Rehoboth Beach. Any person appointed by the Mayor to serve as Alderman or Assistant Alderman shall be appointed for an indefinite term and any such appointment shall be confirmed by a majority of all members of the Commissioners of Rehoboth Beach. Either the Alderman or the Assistant Alderman may be removed from office at any time by the affirmation vote of two-thirds of all the elected members of the Commissioners of Rehoboth Beach.

(b) Before entering upon the duties of his office, the persons appointed by the Mayor to serve as Alderman and Assistant Alderman shall be sworn or affirmed by the Mayor to perform the duties of his office honestly, faithfully, and diligently and to uphold and enforce the Charter of the City of Rehoboth Beach and ordinances duly enacted by the Commissioners of Rehoboth Beach and to carry into effect all orders of the Commissioners of Rehoboth Beach made pursuant to any law of this State. The Assistant Alderman shall perform the functions of the Alderman if the Alderman is unavailable and at such other times as may be designed by the Mayor. During such periods, the Assistant Alderman shall have all the powers and duties of the Alderman.

(c) The Commissioners of Rehoboth Beach shall procure a suitable record for the use of the Alderman and the Assistant Alderman. Such record shall be known as the "Alderman's Docket." The Alderman and the Assistant Alderman shall each record all official acts and proceedings in the "Alderman's Docket."

(d) The Alderman and the Assistant Alderman shall have jurisdiction and cognizance of all breaches of the peace and other offenses committed within the corporate limits of the City of Rehoboth Beach so far as to arrest and hold for bail, or fine and imprison offenders for any offense, penalty or forfeiture prescribed by the Charter of the City of Rehoboth Beach and any ordinance enacted thereunder ; of all neglects, omissions or defaults of any City Officer, agent, or employee; PROVIDED, HOWEVER, that neither the Alderman nor the Assistant Alderman shall impose any fines in excess of Two Hundred Dollars ($200.00) nor imprison any offender for more than sixty (60) days except as otherwise provided in the Charter of the City of Rehoboth Beach. The Alderman and the Assistant Alderman may, in addition to any fine or term of imprisonment permitted to be assessed or imposed, impose and collect such costs as are set by ordinance by the Commissioners of Rehoboth Beach; PROVIDED, HOWEVER, that no cost shall be imposed which is in excess of that which may be imposed by a Justice of the Peace for like service.

() The Alderman and the Assistant Alderman shall prepare and submit a monthly report to the Commissioners of

Rehoboth Beach reporting all fines and penalties imposed during the preceding calendar month and shall pay to the Treasurer of the City all such fines and penalties.

(f) If any Alderman or Assistant Alderman shall be removed from office as hereinbefore provided, he shall deliver to the City Manager, within two (2) days after his removal from office, all the books and papers belonging to his office, and shall pay over to the City Manager all monies in his hands within (5) days after receiving the notice of his removal from office. Immediately after the receipt of the books and papers belonging to the office of either the Alderman or the Assistant Alderman, the City Manager shall require the auditor of the City, appointed as hereinafter provided, to make an audit of the books and papers of the official so removed from office. Upon the neglect or failure to deliver all the books and papers to the City Manager within the time specified by this Charter, or to pay over all the monies to the City Manager with the time specified, the Alderman or Assistant Alderman, so removed, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined no less than Twenty-five Dollars ($25.00) nor more than one Hundred Dollars ($100.00) for each day that he fails to deliver the books and papers to the City Manager or to pay over all monies to the City Manager.

Approved December 28, 1967.